STELLA DAMASCUS, DANIEL, DORIS & THE LAW

The hottest interview in the Nollywood world in recent time is no doubt the interview granted by one of the Nollywood Divas, Stella Damascus with Golden Icon

WIDOW & INHERITANCE

I got this mail from **********@ yahoo.com Please read below.

Dear Cremelawyer,

CHILD MOLESTATION AND CHILD RIGHT ACT

A woman Called Mama Jenifer is said to have cut off a finger of her 10 years old house maid for stealing a piece of meat from a pot of soup, the woman owns and operate a restaurant  around Akousa New Layout, Ibuso/Asaba axis of Delta State. The suspect has been arrested by the State CID were she was detained and interrogated on what led to the incident.............CULLED

POLICE AND TENANCY LAW IN NIGERIA

In Ikpoba Okha local government of Edo State,Nigeria  on Wednesday as they were reportedly beaten and stripped naked by resident  of the area.

CORONER

A young man in Anambra state ,Nigeria has been arrested over the murder of a seven month pregnant woman, It was gathered that the two love birds visited a hotel in Inland Town area on Wednesday for an all night sex escapade but the woman failed to wake up the following morning.........CULLED FROM DAILY POST

LEGAL OPINION

The world is sure coming to an end, if you must fornicate then be ready to face the consequence.

The first issue for determination is whether the man will be liable for the death of the deceased.

 Any relationship between too consenting adult is not illegal in law, from the above scenario it is more of moral wrong than the Law.

What can the suspect be charged for under the law

Being the last person seen with the lady before her death, he may be charged with manslaughter or murder. Murder is punishable under section 319 of the Criminal Code and defined as an unlawful killing of another person, malice aforementioned.

Manslaughter: This is the unjustifiable, inexcusable and intentional killing of a human being without deliberation which may be involuntarily in a commission of a lawful act without due caution and circumspection.

What are the options available to the suspect in this case?

From the scenario, no one was able to give evidence as to the cause of her death except that the lodged in the hotel together. With this we can infer that the deceased went into the hotel with her lover willingly.

It is the duty of the prosecution to enquire into the cause of the death of the victim of crime, if any. This is called CORONER which is the investigation and certification of the cause of death of anyone or group persons whose cause of death is questioned. This is mostly used in countries whose legal system was at a time been subject to the English legal system which Nigeria is not an exception. An inquest is done especially when the death is sudden, unknown or was cause as a result of violence.

What happens after an inquest is done

Where the result of the inquest says the victim’s death was a natural death (one of the verdicts of Coroner) the suspect shall be discharged, since no prove the woman was forced into the hotel but a mutual consent by the two love birds.

Let’s say NO to Fornication.

Thank you.

Oyenike Alliyu-Adebiyi LLB (hons) BL

CRIME ZONE: RAPE

One Andrew Ekanem, a motorcyclist who resides at Bariga, Lagos has been arrested by the police for raping a 14 year old tuberculosis patient.
The victims’ mother, Mrs. Adenike Aderinkomi, told Punch that the 35 year old cyclist, penetrated her daughter through the anus and vagina.

CHILD CUSTODY II

I got this from one of my contacts on BBM , Please read below his question.

Good evening Lawyer, I am a divorcee i have a son age ten with my ex-wife, we got married at the Ikoyi registry

2015 GENERAL ELECTION IN NIGERIA

The general election into various political offices is fast approaching, the more it approaches the more drama will emerge and we are used to it, aren't we? I shall be discussing one of many dramas to expect before 2015 which is cross carpeting also known as decamping.

ELECTION LAW ; LAW OF POLITICS

Election law is the political law and the law of politics, thus it pertains to the regulations put in place for the ascertainment of choice of those would rule and run the elective office system of the government.

IRRECONCILIABLE DIFFERENCES IN MARRIAGE

I posted the pictures i took at the studio of ‘Ladies love Gist’ where i discussed irreconcilable differences in marriage that can bring any marriage to an end, seeing this one of my contacts on BBM

HON. AMINU TAMBUWAL'S DEFECTION AND ITS CONSEQUENCES

The speaker of the House of Representative, Hon. Aminu Tambuwal’s security personnel were redeployed today by the police for defecting from the People’s Democratic Party(PDP)

WHO HAS THE RIGHT TO CHILD'S CUSTODY

I got this from one of my contacts on BBM ,in case you are yet to add me here's my Pin :2B18F81D. Kindly read below his question.

Good evening Cremelawyer, Please who has the right to child's custody in divorce.


There’s a presumption that the child’s custody matters in Nigeria will be decided in

MURDER :RAYHANEY JABBARI'S CONVICTION

Today 25th day of October,2014  a Twenty Seven years old Iranian woman Rayhaney Jabbari was convicted of murder by hanging after she was found guilty of murdering Mortesa Abdulahi Sarbandi in year 2007, five years after the murder. She pleaded not guilty as she was only trying to defend herself from being raped when she mistakenly killed the victim.

DOG ATTACK: LIABILITY IN TORT &UNDER THE CRIMINAL CODE

Few weeks ago in Igando area of Lagos State Nigeria two dogs attacked three siblings in their home and ate into the skull of the youngest of them, four years old Abraham Omonigho, the dogs has since been in custody of the Lagos State Police Command. How liable are these dogs and their owner in Law.

AMOSUN:: DEMOLITION OF PROPERTIES IN THE STATE

I got this mail from a blog visitor tagged @cremelawyer please help the helpless, please read below.

DearLawyer,
                   I'm Wale Anjorin by name, I want to bring to your notice the infringement on our right by the current administration in Ogun state under SIA, since January 2013 on the 14th precisely my grandmother's house

BUSINESS NAME VS PARTNERSHIP

I got this message from one of my readers on BBM, please read below her question.

TAX ; RELIGIOUS BODIES IN NIGERIA

Following the speculation that the government may start to tax religious bodies, this may be as a result of how the need to pay tax was overwhelmingly voted for at the recently concluded Confab.

Bishop David Oyedepo of Living Faith Word Wide (WINNERS CHAPEL) why reacting to this news said

LEGAL CLINIC

I am enjoying every bit of the Legal Clinic, please read below the mail I received from a reader

Dear

LEGAL CLINIC

Good afternoon Cremelawyer, i have been following your post for a while through the Naijahottest gist forum, i have a lot of questions to ask.

LEGAL CLINIC

I decided to introduce this question and answer platform based on my readers’ request. I hope you find it interesting and also learn from it.

ABDUCTION OF ONE'S CHILD

I read on Laila's blog where a two years old daughter named Liya was kidnapped by her  paternal grand mum, also it is no longer news that Film Director Daniel Adenimokun ,Ex-Husband to Doris Simeon

LINDA IKEJI ; DOMAIN NAME OPTIONS AVAILABLE TO HER

Linda Ikeji’s blog was removed by Google on the 8^th day of October, 2014 over allegation of copyright infringement, plagiarism and many more.

ADAMAWA: RESIGNATION FROM OFFICE UNDER THE CONSTITUTION

The Federal High Court Judge, Justice Adeniyi Ademola has sacked the Adamawa state acting governor,Ahmed Fintiri on the ground that the former deputy governor Bala Ngilari did not resign from office in accordance with the provision of the 1999 constitution of the Federal Republic of Nigeria.

FAYOSE :DISQUALIFICATION FOR ELECTION

In one of the fastest growing forum in the country www.naijahottestgist.com where both old and young debate on politics, education, terrorism and many more, there was an argument as to the provision of the constitution in respect of disqualification, the Ekiti state Governor Elect, Mr Ayodele Fayose was used as case study.

STATUTORY NOTICES

A 26 years old woman Chinyere Umebionyo was arraigned in court for biting off the lips of her landlord in Ejigbo, Lagos state, Nigeria, it was gathered that Chinyere got angry when she returned from work and saw that her door had been removed by her landlord, over an outstanding sum of (Two Thousand Four Hundred Naira only) owed him as rent............CULLED

WILL; BENEFICIARIES & WITNESSES

A colleague of mine told me how a client of his who he helped draft his WILL came to his office with the beneficiary,

STATUS OF AN ADOPTIVE PARENT(S))

An herbalist Alhaji Azeez Olatunji buried an ex- custom officer Mrs. Angela Karry a 64- years old woman and her 10years adopted child Obi-aguluman  alive in a well dug in a room in the suspect house, the herbalist confessed he had to kill the victims when the ex-custom officer requested for the refund of N10,000,000 (Ten Million Naira Only)

DIVORCE & CHILDREN

Marriage is a contract between two adults and when it comes to an end the adults should face the consequence alone, no child should be

UTTERING OF DOCUMETS : A CRIMINAL OFFENCE

The essence of this discussion is to educate my readers on the risk involved in Uttering because it is common among this generation, some do it for fun, ignorantly and some for money.

MUTINY: COURT MARTIAL (NIGERIAN ARMY)

Twelve Nigerian soldiers have been sentenced to death by military authorities, five discharged and acquitted while one was found absence without official leave thereby sentenced him to two years in prison without labour.

These soldiers had on may 14^th revolted against remuneration and lack of sophisticated weapon

CHIBOK: BRING BACK OUR GIRLS

I read the Noble Laureate Professor Wole Soyinka’s ‘write up on the Bring back our girls’ where he condemned the highly criticised campaign of our time ‘bring back Jonathan in 2015’ and also President Goodluck Jonathan’s recent trip to Chad with Senator ALI Modu Sheriff,

SYNAGOGUE: LAW ON BUILDING CONTROL

A six storey building under construction in Synagogue of all Nations Ikotun Egbe ,Lagos collapsed leaving at least 17 people dead and several others seriously injured.

ABORTION IN NIGERIA

Abortion is when pregnancy is ended so it does not result in the birth of a child. Abortion has been a controversial subject in many societies through history because of the moral,

RIGHTS AND OBLIGATION OF PERSONS LIVING WITH HIV/AIDS IN NIGERIA

I was going through one of our Nigeria dailies; I came across a story o how a man infected his wife and two children of HIV/AIDS despite knowing his status.

The man was informed of his status,

MANSLAUGHTER; VOLUNTARY OR INVOLUNTARY WHAT ARE THE OPTIONS AVAILABLE TO AN ACCUSED

The house of representative member representing ondo,ilaje,ese odo area of Ondo state , south west ,Nigeria Mr. Rapheal Oloye Nomiye died after a sexual intercourse with

OSCAR PISTORIUS: THE ABILITY TO CALL BLACK, WHITE

After the news of Oscar Pistorius not being guilty of murder but may be guilty of manslaughter broke, a friend sent me a message ‘you people are the same world over,

HAPPY BIRTHDAY SEUN OLOKETUYI: EQUALITY ACT 2010

We dedicate this to MR SEUN OLOKETUYI, the man behind the Best of Nollywood Award and publisher/Editor-in-Chief of Best of Nollywood Magazine and NaijaHottestGist.com. For the benefit of those who does not know him which I doubt... LOL

PARTNERSHIP: CAN IT BE BASED ON TRUST?

There is a popular saying that the best form of partnership is the one you do with your wife (legal wife) this is because partnership seems to be tearing friends, colleagues, siblings apart. As a legal practitioner, I say to you that this is not entirely true especially when you do the right and necessary things required by Law.

I shall be discussing how best to enter into partnership, this will serve as guide when entering into an agreement. Please note that this cannot be done except through a legal Practitioner, contact us today.

BOKO HARAM: SENATOR ALI MODU SHERIFF & THE INTERNATIONAL CRIMINAL COURT

The former Governor of Borno state, Senator Ali Modu Sheriff said in a press statement yesterday that he is ready to face any panel looking into the allegation linking him to the Boko Haram sect to clear his name including the International Criminal Court.

The People's Democratic Party and the All Progressive Congress have been politicising the Boko Haram attacks lately, which have left so many people confused, it is either Femi Fani Kayode is pointing and calling some APC members out or EL-Rufai and Oyegun took to twitter to mention names of some members of the PDP as major supporters of the terrorist group..............daris God o

GOV. IBIKUNLE AMOSUN: FREEDOM OF SPEECH ABSOLUTE OR NOT

A 31 years old Waliu Ogunnoiki was arraigned before the Sagamu Magistrate court for allegedly posting a negative remark on the face book wall of the Ogun state governor, saying that Ogun state government has demolished some citizens house without compensating them accordingly, a statement the government say they find unacceptable as it is capable of inciting the citizen against the government.

DIVORCE: CHRIS & ANITA OYAKHILOME

The dissolution of marriage between Christ Embassy Church founder, Pastor Chris Oyakhilome and his wife Reverend Anita Oyakhilome with suit no FD14D01650 filled in the Divorce Section A of Central Family Court, First Avenue House, High Holborn, London United Kingdom a process initiated by the wife Rev. Anita  to bring an end to their marriage of over two decades. The marriage is blessed with two teenage daughters Sharon and Charlene. The grounds relied on by the petitioner among other things include Adultery and unreasonable behaviour.

IMPEACHMENT: DEPUTY GOVENOR ENUGU

The Enugu state Assembly has successful impeached the state deputy governor, Mr Sunday Onyebuchi, the house adopted the outcome of the 7-man panel set up to investigate the allegation of gross misconduct alleged by 22 out of the 27 members of the state Assembly. The panel was set up by Chief Judge of the state; the panel came up with the conclusion that ‘the allegation levelled against him has been proved’

Let us analyse impeachment process as provided under the 1999 constitution of the Federal Republic of Nigeria since impeachment seems to be order of the day in the country.

DIVORCE:: HOUSTON TEXAS AS CASE STUDY

What is Divorce? This is an act or instance of legally dissolving a marriage.

To obtain a divorce one must be able to prove to the court at least one of the grounds allowed for divorce in order for it to stand, the grounds for bringing divorce in Houston Texas are seven in number which falls under two different categories which are Fault based Divorce and No-Fault Divorce.

GOV.OLUSEGUN MIMIKO: CROSS CARPETING

The Ondo State governor Olusegun Mimiko dumped his party, the Labour party for the ruling party Peoples Democratic Party. He came into power as the Ondo State Governor on the platform of the Labour Party. The governor made this known to his cabinet members and close political associates at a meeting held at the government house in Akure, Ondo State.

 The PDP 'spokesperson' Femi Fani Kayode also took to twitter to announce his defection to the ruling party.

 The Peoples Democratic Party embraced him with both hands just the way they have embraced the likes of Nuhu Ribadu the former boss of Economic and Financial Crimes Commission and a vibrant member of the All Progressive Congress, the former governor of Borno state and a Senator of the Federal Republic Ali Modu Sheriff. What is our point exactly?

JABBAR COLLINS: WRONGFUL CONVICTION

In criminal law ,Blackstone’s formulation the principle is that it is better that ten guilty escape than that one innocent suffer’

Jabbar Collins was convicted and sentenced to 34years to live in prison for the murder of Rabbi Pollack in 1994 on the evidence of three witnesses, the rule is that evidence of a single witness is sufficient as long as the court considers it credible and admissible.

At trial, a witness Adrian Diaz said he saw the accused put a gun in his waist band as he fled the scene of the crime, the second witness Angel Santos said he saw the accused run past him as he call 911 while the third witness Edwin Olivia claimed that the accused confided in him of his intention to rob the victim. Here the witnesses corroborated themselves which the court relied on for Jabbar Collins conviction in 1995.

After his conviction,

EBOLA: YELLOW CARD

The major challenge facing West African countries and the rest of the world lately is the EBOLA outbreak, which is deadlier than AIDS as it’s contagious and kills fast. Ebola itself is defined as an infectious and generally fatal disease marked by fever and severe internal bleeding, spreading through contact infected body fluid by a filovirus whose normal species is unknown.

This virus has made most countries close its border against those countries affected and where a country cannot close its border it requires from travellers’ certain conditions that must be met before such traveller can gain entry into the country. This has nothing to do with discrimination or Racism because if they don’t protect their citizens who will....lol

One of many requirements is the YELLOW HEALTH CARD,

HALL V. FLORIDA WHEN NOT TO RELY ON A SINGLE SOURCE

JURIST Guest Columnist Susan Schneider, Syracuse University College of Law, Class of 2015, explores criticisms of the DSM-5 after the US Supreme Court used it as the sole national standard to define intellectual disability in Hall v. Florida...

                                                                     

                                                                                                                                                                                                                                                        

In its 2002 decision Atkins v. Virginia, the US Supreme Court declared that executing a person with intellectual disability is cruel and unusual punishment in violation of the Eighth Amendment.

AN EMPLOYER'S GUILD: 'WHISTLE BLOWER'

Legislation seeks to provide protection against penalisation for employees who report wrongdoing. While this legislation is aimed at protecting employees, encouraging whistleblowers to make disclosures can also be of benefit to employers. Whistleblowers can assist in uncovering wrongdoing within the organisation. This can help prevent accidents, financial scandals, criminal offences and regulatory breaches. Below we summarise the key features of the Act and highlight the steps employers must take to comply with this new legislation.

IMPEACHMENT; AL-MAKURA

The impeachment process against the Nassarawa State Governor, Umaru Al-Makura failed when the panel set up by the Chief Judge of the state, Justice Sule Dikko to investigate the 16 charges of gross misconduct levelled against the governor was dismissed.

The members of the House of Assembly were of the opinion that the panel was not duly constituted; therefore the allegation of gross misconduct by the governor cannot be dismissed just like that.

MURDER ; 19 YEARS OLD RILWAN AHMED

19 year old Rilwan Ahmed (pictured above) did the most unthinkable thing, he killed his own brother. According to a report by Tribune, Rilwan took his 4 year old half-brother Waris Ahmed to an uncompleted building close to their residence at Oloko village in Ibadan, Oyo State, tied a piece of cloth across his face, making it difficult for him to breathe, then tied his legs, and left him there. Life slowly ebbed out of him as he struggled to breathe. His body was discovered there 3 days later.

CHILD BRIDE; CULPABLE HOMICIDE

The Kano state government through senior state counsel of the Ministry of Justice has filed fresh charges of culpable homicide against the fourteen years old bride, Waila Umaru, who allegedly poisoned her Thirty Five years old groom and three others in Kano State, Nigeria in April 2014. She was said to have bought rat poison which was mixed with drink, the groom took the drink after taking his meal, and this led to his death and some of his guests. The suspect confessed to the crime claiming that she did it because she was forced to marry a man she didn’t love.

ABACHA; DISCONTINUANCE OF CRIMINAL SUIT BY ATTORNEY GENERAL

The Federal Government through the Attorney General of the Federation Mohammed Adoke withdrew the corrupt charges of N446.3BN (Four Hundred and Forty Six Billion Naira Only) against Mohammed Abacha, son to the late head of state and Dictator General Sani Abacha.

This power exercised by the Attorney General has raised a lot of controversies, why he would withdraw such suit and make him a free man; he has simply encouraged corruption and injustice.

EKITI STATE: THE PROPER PARTIES IN AN ELECTION PETITION

The Ekiti State All Progressive Congress has released a press statement saying that they will challenge the process of the recently concluded governorship election in the state even though the incumbent governor concedes defeat by congratulating the governor elect. The APC in the state said the process was not free and fair as the presence of the military deployed to the state for election its members were harassed by military men before and after the election.

TOBA FALODE: ROLE OF WITNESSES IN TRIAL

The death of Toba Falode, son to a veteran sport journalist Aishat Falode who fell to his death in Dubai,his body was found dead outside Manchester Tower in Dubai Marina on February 15,2014.It was gathered that he was pushed/fell from a 17^th floor to the floor which led to his death. In the case of investigation the family collected from some witnesses who claim there was a dispute on the apartment balcony seconds before Falode fell to his death, they say at least two people saw him fall to the ground and were inside the apartment.

ELECTORAL ACT; DECAMPING & MORE

An act of moving from one party to the other is known as cross carpeting, in the Nigerian terrain it is the act of joining an opposing party or other political party usually for the purposes, or conceding to another political camp’s policies while holding elective office under the auspices of another political party. This is also known as decamping.

ELECTION LAW

Election law is the political law and the law of politics, thus it pertains to the regulations put in place for the ascertainment of choice of those would rule and run the elective office system of the government.

The representation of the will of the electorate is fundamental to the determination of the validity of an election or electoral process. In the Court of Appeal decision in DR ENEMUO V. CHIEF DURU&ORS (2006) FWLR(PT304)508@541-2 it was held that it is an important aspect of  the democratic dispensation and cannot be sacrificed at any other instance, that is unrepresentative of what the will of the majority is.

In Nigeria all elections are two tier with the other election being commenced in the election Tribunal and termination in the Court of Appeal by virtue of the provision of Section 246(3) of the 1999 Constitution FRN while the election petition in respect of the presidential election commences in the court of Appeal pursuant to the original jurisdiction conferred on it by virtue of section 239(1a)CFRN 1999 and terminates in the supreme court pursuant to the appellate jurisdiction in 233(2e)CFRN 1999.

Election as understood in the electoral process in Nigeria pertains to the choice of people to fill specified public office which involves voting. An election is envisaged by Section 130 of the 1999 CFRN must be such as conducted by an independent body and conducted by free citizen with the mandate of Nigerians to give them a leader. CHIEF OJUKWU V.CHIEF OBASANJO (2003)FWLR PT 182.

AUTONOMY OF POLITICAL PARTIES ON THEIR INTERNAL AFFAIRS

Section 6 of the 1999 CFRN on inherent powers of the court cannot be utilised to construe jurisdiction of court to run and manage political parties and politicians. The internal affairs of political parties are exclusive to parties and therefore not within the competence of the court to determine BASHIR DALHATU V. IBRAHIM TURAKI & ORS (2003) 7 SC 1 165, political parties have the right to act freely. This is also the position in intra-party disputes as disputes between members and party on the other hand is purely an intra party affairs. PDP V. KWARA STATE INDEPENDENT ELECTORAL COMMISSION (2006)FWLR.

The power to scheduling an election in election act is to process registration of voters and to enable smooth conduct of election however this provision is subject to the supremacy of Section 78 CFRN 1999, providing that registration and conduct of election shall be subject to the direction and supervision of Independent Electoral Commission.

The power to recognise a political party and be as member has no spelt out condition neither does it have restriction as to who can be a member except for those in section 222 and 223 of the CFRN ,recognition of a political party is the fact of acceptance of the existence of an association eligible to function as a political party while registration is the recording and certification of the fact to enable the party come within the regulatory and monitoring powers of the electoral commission.

There is also no restriction as to who can be a member of a political party, nothing is prohibiting a member of public service or civil service from eligibility to be registered as a member of a political party since there is nothing reasonably justifiable in a democratic society in the interest of defence, public safety, public order or morality Section 40, CFRN 1999.

To be continued...............

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

HAPPY FATHER'S DAY

Happy father’s day to all the responsible fathers out there. God bless you all.

On days like these children flaunts their fathers on social Medias for the roles played in their lives, this brings joy to some people and to some they wish there was nothing like father’s day, why, simply because they never took up their responsibilities’ .

The reason behind this is not farfetched as some believe there was no promise to marry between them and the woman, all they wanted was just a sexual relationship and nothing more so they should not be held responsible.

The Administration of criminal justice system 2011 has enacted a law protect woman and their babies, it is a criminal offence for any man to desert a woman he impregnated and her baby by virtue of the provision of Section 277 of Criminal Law of Lagos State any person who impregnates a woman or a girl and fails, refuses or neglect to contribute to maternity related cost from ante-natal or post natal stages has contravened the provision of this law and shall face the wrath of law.

 For the purpose of this section, maternity related costs includes all medical expenses,food expenses,reasonable shelters and other necessaries

This law was enacted to review the outdated law made by the colonial masters and meet up with the present day realities, also in a bid to check men’s excesses who believe it is men’s world. Ladies it’s time to speak up and for men if you know you wont take responsibilities please zip up.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

IMMUNITY CLAUSE AND HRH SANUSI'S NEW OFFICE

Congratulation to his HRH Sanusi Lamido Sanusi on his appointment as the Emir of Kano State, Nigeria may your reign be peaceful.

There has been several questions unanswered since the news broke, whether this will bring an end to all the charges of misappropriation of public funds brought against you, if this will prevent the Financial Reporting Council of Nigeria from pressing further and if your new position falls under the category of those protected by the Immunity clause in the Nigerian constitution.

Section 308 of the 1999 Constitution Federal Republic of Nigeria provide thus;

(1)    Notwithstanding anything to the contrary in this constitution, but subject to subsection(2) of this section

(a)    No civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during this period of office;

(b)    A person whom this section applies shall not be arrested or imprisoned during that period either on  arrested or imprisoned during that period either on pursuance of the process of any court or otherwise, and no

(c)    No process of any court requiring or compelling the appearance of this person to whom this section applies, shall be applied for or issued.................

(2)    The provision of subsection (1) of this section shall not apply to civil proceedings against  a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party

(3)     This section applies to a person holding the office of the President, vice president, Governor or  Deputy governor, and the reference in this section to ‘period of office’ is a reference to the period during which the person holding such office is required to the perform the functions of the office.

From the provision of the CFRN we have seen that the post of an Emir, Oba or local chiefs is not covered by the immunity clause. We shall be looking at the Chieftaincy law and several decided cases to know what privilege is accorded to the office of an emir and if HRH Sanusi Lamido Sanusi’s new appointment will not bring ridicule to this highly respected traditional office if the charges are further pressed against him.

The notion of a traditional tribal chief is the leader of a tribe, or head of a tribal self government known to the indigenous people from ages. In Northern Nigeria the title of some Muslim traditional rulers is the Arabic transliteration of ‘amir’ to the English spelling of ‘emir’ or a corruption such as lamido, sometimes used in addition to a native title.

The Rule of LAW is the maxim rex non debit esse sub homine,sedsub deo et sut lege,quia lex facit regem meaning that  the king ought to be under no man, but under God and the law, because the law makes a man. Therefore from this maxim of the rule of law, HRH is still under the law and he can be called upon to answer the charges against him.

In M.A Eleso V. Government of Ogun state & ors (1990) 2NWLR (PT133), Alhaji Arowolo V. Akapo& ors (2004) All FWLR (pt208)807 the plaintiffs in these cases were said to have the locus standi to institute an action again the chiefs,this same law is applicable to Obas,Emirs and  chiefs.

Law is no respecter of anyone.

Thank you.

                                   

Oyenike Alliyu-Adebiyi LLB(hons)BL

 

 

EX-CONVICT ;IBINABO FIBRESIMA V. CLARION CHUKWURA

The drama between the Actors Guild of Nigeria president Fribresima Ibinabo and  Clarion Chukwura a popular actress and mother of an award winning video director Clearence Peters is one of the dramas rocking the Nollywood industry lately as it is taking different forms and dimensions, its indeed a long story..................from malice, to battle for supremacy, seniority and so on.

This is not unknown in that industry but what got my attention was the last interview granted by Clarion in the Punch Newspaper against Ibinabo, stating that she is not on the same level with her as she is an ex convict and also not fit to lead the AGN.

I remember several years ago, the AGN president,Ibinabo who was coming back from a night club in a friends car driving under the influence of alcohol ran into a medical practitioner who was on his way to work and killed the family man, instead of Ibinabo to stay back to rush him to the hospital she  ran away, she was later arrested and convicted for an offence of manslaughter, the term which she served.

All effort to lay my hand on the AGN constitution which Clarion is relying on proved abortive, but the Constitution of the Federal Republic of Nigeria will be adopted for this discussion as the offence convicted for was in Nigeria,the question now is whether there is any option in law available to an ex-convict and whether unknown to Clarion, Ibinabo has taken advantage of this opportunity the law avail an ex-convict.

The constitution of the Federal Republic of Nigeria by virtue of Section 175 (prerogative of mercy) vest the power to pardon an ex-convict of any offence committed in the Chief Executive Officer of the states, Pardon in law strikes conviction of an accused off the criminal record as if the conviction never occurred, thereby making an accused free of all previous conviction and makes him a free man, innocent of the offence.

If truly the constitution of the AGN forbid an ex-convict to lead then, how did Ibinabo got there? We hereby urge Ibinabo to put the record straight by proving to the entire industry and their numerous fans across the world that the allegation was false,and ex-convict can lead or she has been previously pardoned or which ever the way it is.

we deserve to know the truth. Long Live Federal Republic of Nigeria! Long Live the AGN

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

JUNGLE JUSTICE: A NO GO AREA

The court from time in memorial has been the last resort for the rich and common men in the society, but in the last few years people no longer believe in the judiciary because of the way and manners their cases are being handled,

RAPE: WHEN CONSENT IS OBTAINED BY FRAUD

The Lagos state police command has arrested the divisional police officer in charge of Onikan Mr. Adekunle Awe for alleged rape and threat to life when she was arrested and detained by some officers in the police station.

In her words, she said the DPO made sexual advances towards at her by rubbing his hand all over her body,she rejected his advances and the DPO threatened that he will make her spend the rest of her life in prison for these reason,because she was afraid of  her life and allowed him to have his way without her wish,she claimed all effort to make him protect himself proved abortive.

She was later released the following day after paying the sum of Thirty Thousand Naira to the IPO in charge of the police station,on release by the police,she felt cheated and went to the Lagos Island Maternity Clinic to do a medical test.The medical test was signed by one Dr. Seriki which read as follow:
  
A complaint of sexual assault ; no laceration,no bruises, no areas of hypermedia, negative for HIV 1 & 2,pregnancy negative,she has been placed on PEP and emergency contraceptive.

The first issue for determination is whether the DPO can be charged with the offense of rape,as no force was reported.

Section 357 of the criminal code of the Federal Republic of Nigeria states that any person who has unlawful canal knowledge of a woman,girl against her will without her consent ,where the victim's consent is obtained under fear of death or whether consent is given under intoxication or unsound mind shall be guilty of an offense of rape.

What this section of the law is saying that even where sexual intercourse is done based on a threat by one person to another even though no bruises or force occurred it is rape,therefore if the DPO had sexual intercourse with her then it will be assumed that he used his power as a person in authority to take advantage of the lady and may be guilty of rape.

The second issue for determination is whether the medical report from Lagos Island is admissible as evidence against rape.

one of the major ways of proving rape is through medical reports conducted on the victim of rape,In INEC V. ATIKU for a medical report to be admissible as evidence in a law court it must be from government hospital or from a private hospital on recommendation,therefore the evidence tendered by the victim of rape in this case is admissible in courts in Nigeria as Lagos Island Maternity  Hospital is  a Lagos State Government owned hospital.

Please note that it does not mean that medical reports from private hospitals are not admissible but the fact that its a government hospital will give it weight as it is believe that results from privately owned hospitals may be manipulated.

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL

BRIDE PRICE IN NIGERIA

A policeman Anthony Ibere has told  the Igando customary court in  Lagos state, Nigeria that his wife Uloma should return the bride price he paid to her parent if she insists on divorce.The wife Uloma filled a petition for a dissolution on the ground that her husband is a drunkard and beats her.......culled Lazywrita's blog

The collection of bride price under the customary law in Nigeria is an essential ingredient of  a valid customary marriage in the country.They usually come in different form ranging yam, palmwine, goat, clothes e.t.c

Bride price can simply be defined as any gift in money,goods paid by the groom or his payment to the families of the bride.There is no uniformity in the collection of brideprice in Nigeria because of the difference in ethnic groups.

The issue for determination now is whether a husband or his family can successfully ask for a refund of the bride price paid to the families of his wife in a divorce case before a customary court.

IN NWANGWA V.UBANI I(1997) 10 NWLR on whether the customary law marriage betweenthe furst respondent and MR Ubani was dissolved, the appellant relied on a letter written to the first TV respondent to move out of the compound, the court held that customary law marriage between the parties were not properly dissolved as no  bride price and other expenses incurred during the marriage were not refunded inaccordance with the customary law marriage.......NIKKKI TOBI JCA

from the decision of the learned judge above, we have seen that for a valid dissolution of marriage under the native law and custom bride price earlier collected must  be refunded.

what Then is the gain of a woman that has dedicated  several years of her life to a man/home, read my write up marriage under the Act.

Thank You

Oyenike Alliyu-Adebiyi LLB(hons) BL

CORPORATE PERSONALITY

Having discussed registration of company, it is also important to educate on the effect of registration of company, the advantages as this is unknown to many.

The first effect of registration is that the company becomes a legal person separate and distinct from its members, whom is capable of suing and being sued, this is called the Independent corporate existence. A company becomes a corporate body with perpetual succession and a common seal, it also becomes a separate legal person distinct from the members, who formed it and is capable of acquiring, holding and alienating property.

This independent corporate existence was emphasized in the famous case of SALOMON V. SALOMON

A company which has complied with the requirements relating to the incorporation
of companies contained in the Companies Acts is a legal entity separate and
distinct from the individual members of the company. It matters not that all the
shares in the company are held by one person, excepting one share each held by
the persons who, as required by the Acts, have subscribed their names to the
memorandum of association to enable the company legally to be formed, nor does
it matter that those persons are merely the nominees of the principal
shareholder. Once a company has been legally incorporated it must be treated
like any other independent person with rights and liabilities appropriate to
itself, and the motives of those who promote the company (eg, to enable them to
trade with the benefit of limited liability) are absolutely irrelevant in
discussing what those rights and liabilities are. A company is not the agent of
the shareholders to carry on their business neither for them, nor in it the trustee for
them of their property.

Also where the legal personality is called to question and issue is jointly thereon, the certificate of incorporation should be produced as it the only by that certificate that the legal personality can be proved in such circumstances.

To every general rule in law there is an exception,where there is evidence of direct fraud by members of the corporate entity the independent corporate entity may be set aside in some instances, thereby leading to the veil of incorporation being lifted In CHINWO V. OWHONDA the court observed that allegation of crime lifts the veil of corporate and opens up the body to judicial enquiry upon good and substantial fact placed before a court of competent jurisdiction.

Also veil may be lifted where a director of a company knows that company carried on business after the numbers of director has fallen below two or more than 60 days such director shall be liable for the period during which they carried on business.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

JUVENILE COURT: CHILD MARRIAGE

A fourteen years old bride, Waila Umaru, has allegedly poisoned her Thirty Five years old groom and three others in Kano State, Nigeria. She was said to have bought rat poison which was mixed with drink, the groom took the drink after taking his meal, and this led to his death and some of his guests. The suspect confessed to the crime claiming that she did it because she was forced to marry a man she didn’t love....................culled.

From the above scenario we shall analyse the legal aspect

i.                     Whether the 14 years old bride is of marriage able age: The marriageable age in Nigeria by virtue of the Child’s Right Act, 2003 is age 18years,the International convention has also established 18 years as the legal age of consent to marriage.

ii.                   Consent in marriage: the consent of either parties to marriage is very important and this consent must not be obtained by fraud, this consent is also not transferrable to a third party i.e. parent of the bride/groom as marriage is described as a union between man and woman to the exclusion of all others, and it is important they choose whoever they desire.

iii.                  Whether the 14 years old is liable for the offence she confessed to: The general rule is that stay away from crime every person shall be liable for an offence willingly committed, the fact that she was denied the right to choose her groom herself is not enough ground to commit a capital offence. There is no excuse for committing crime.

iv.                 Whether a juvenile can be imprisoned: the juvenile court is established under the Children and Young Persons Laws of various states of the federation. They have jurisdiction to try all offenders who are young persons. Young offenders are persons under the age of 18years.for criminal offences children below the age of 7 years are not criminally liable; children between 7 and 12 years are only criminally liable for the offence committed if they are found to know the implication of the offence committed. Children between age 12 and 14years are criminally liable for an act an omission which constitutes an offence.

Please note by virtue of section 8(2) of the Children and Young Person Law, the trial of a young person by the juvenile court where the penalty for the offence is death is prohibited by the CYPL

These are the features of a juvenile court; these courts are not open to the general public except officers of the court, parties to the proceedings, their legal representatives, and accredited members of the press. It also prohibits the publication and disclosure of the identity of the child.

A juvenile if found guilty cannot be  sentenced or convicted instead a ‘finding of guilty’ shall be recorded and shall not be imprisoned they are suitably dealt with in any other authorized manner such as recognizance of good behaviour, probation, fine, or committed to an appropriate institution or remand home.

HEALTH RISK: sexually transmitted infections and cervical cancer, isolation and depression, risk during pregnancy, labour and delivery, untimely death among others.

Finally, this recent development in Kano state should deter parents from forcing a spouse on their children, they should be allowed to make a choice of their own, and this will not only make them happy but will make them perform their duties in their homes.

I say NO to child marriage, what about you?

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

 

CONSUMER PROTECTION

I have always wanted to discuss this topic on this information portal but it has been one distraction or the other, but hardly will a day pass without remembering because of what people has turned themselves into in the name of trying to be fair in complexion, i see both men and women looking like chameleons as a result of their uneven skin and i ask myself,God didn’t create some people this way and another thing tells me it is the work of bleaching creams. Hmmmmmmmmmmmmm

I  came across Dr Miracle’s page on facebook, some people (Nigerians) trying to confirm the authenticity of some of their products mostly ‘Lotions’ ’’Body creams’ as they were known before now for making hair products, to my greatest surprise Dr Miracle denied ever producing any skin care product other than one Acne treatment. So who is responsible for the production of the so called *Dr Miracle cream in our markets, they are mostly found in respected stores in the country. Naija i hail thee!!!

For those who are hearing Dr Miracle for the first time, this is an American company, a leader in ethnic personal care industry that has your prescription for style with treatment centred products for healthy hair and scalp.

Consumer protection is the liability of not only the manufacturer of goods and services but also that of retailers, wholesalers, distributors and other suppliers of goods and services to persons who use or consume them. For those of us with supermarkets please note that engaging in transactions which involves unregistered regulated products is an act which is not only unlawful but also inimical to public health and may lead to term of imprisonment.

Any person convicted for an offence of sale of fake/expired products will forfeit to the federal government any assets or property derived or obtained directly or indirectly.

The establishment of the National Agency for Food and Drugs Administration and Control (NAFDAC) is an expression of government desire to ensure well being of generality of the society of Nigeria, so i hereby implore the relevant authorities to put them on check as this act endangers people’s lives.

Section 12 of the Nigerian counterfeit and fake drugs (miscellaneous provisions)Act define counterfeit/fake drugs as any drug or drug products which is not what it purports to be.

If you must be brighter than your future then take note of certain thing.

*cosmetics products which shelf life is less than 30 months must be marked ‘BEST BEFORE’ date according to the common regulations in most countries, Nigeria is not left out.

*Expiration date is the final day that the manufacturer guarantees full potency and safety of a particular product.

*Do not use creams with Acrylamide studies suggest it may cause breast tumour

*Avoid creams with alcohol such as ethanol, methanol, benzyl, liquid paraffin, padimate (found mostly in sunscreen),Tolulene, Triclosan and many more.

*There are no expiry date or manufacture date on most American products such as deodorants and cold creams i.e. Nivea, Dr Miracle, the experts advised that American cosmetic products can be used for as long as it is kept in a cool dry place.

 

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

INDECENT ASSAULT: MAN & MAN

Mr Sali Malu a 38 years old gatekeeper who lives at 31, Peace Estate,Ipaja lagos is facing a two count charge of sexual assault and breach of peace at Abule Egba Magistrate court, he was said to have drugged another man whose name was not disclosed after giving him food to eat, when he woke up his anus was paining him and saw some left over semen in it........................culled from News Agency of Nigeria

 Rape this is the unlawful compelling of another person with force to have sexual intercourse without the person’s consent.

Section 357 of the Criminal Code Act, cap 77 1990 define rape as an unlawful carnal knowledge of a woman or girl without her consent, or with her consent if the consent is obtained by means of false threat or intimidation of any kind, or by fear of harm or by means of false or fraudulent representation as to the nature of the act, or in case of a married woman by impersonating her husband is guilty of an offence of rape.

The penal code ‘A man can be held guilty of rape if he has sexual intercourse with a woman without her consent, or where the consent is obtained through fraud.

From the above provision of the Criminal code (south) and Penal code (North) an offence of rape is a criminal wrong against a woman by a man because the offense of rape will be complete upon penetration and this can be achieved between a man and a woman a man penetrating his sexual organ against that of a woman, because the law believe a man is not capable of penetrating another man (i am sure the draftsman didn’t bear in mind that some people are gay)

The fact that the law doesn’t recognise a man capable of raping another man does not mean that if the accuse is found guilty, the judge will give an honourable hand shake and release him simply because a man cannot rape another man, if found guilty of this offence the law has made adequate provision for such offence which is sexual assault, this is like a baby sister to the offence of rape.

Section 166(d) of the Lagos Administration of Criminal Justice 2011 provide that any trial of rape or defilement of a girl under the age of 13years the facts proved in evidence authorized a conviction under 358 of the criminal code or for an offence wherein the accused is charged, he may be convicted of an offence under section 358 of the criminal code or of indecent assault, as the case maybe on a charge of an information charging him with such an offense of indecent assault.

Indecent assault is an offence punishable with a term of imprisonment if found guilty.

 

Thank you.

 

Oyenike Alliyu-Adebiyi LLB(hons)BL

 

 

 

CONSUMATION IN MARRIAGE

‘After the no sex/fornication thing in a relationship and you see this(small blokos) on your wedding night, especially when the man was successful in hiding this sad truth under the pretence of religion...............culled from Stella Dimoko’s blog.

Law made adequate provision for everything including this...lol.

THUGERY: BAR. ADEMORIN KUYE

The attitude of Lagos state commissioner for Local Government and Chieftaincy Affairs Bar.Ademorin Kuye, at an All Progressive Congress political meeting held at Somolu Local Government Banquet Hall on 5^th of march,2014 where he descended on a fellow politician  Hon Olugbenga Hakeem Abdullahi a 57 years old man as was trying to caution his rationale for moving a motion for the imposition of a candidate on the members as this move is contrary to the code conduct of the All Progressive Party.

This attitude of the honourable commissioner is so unbecoming of a legal practitioner, a public office holder and a man with a post graduate diploma in Theology of the Redeemed Christian Church of God and above all a member of the All Progressive party, a party that will not leave any stone unturned when comes to opposition party displaying any act of thurgery, unfortunately he has dragged the name of APC in the mud.

Political party or not, there is a code of conduct prescribed under the fifth schedule of the 1999 constitution of the Federal Republic of Nigeria for public office holder, commissioners of the government of the states are not left out Section 9 of fifth Schedule states that a public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful.

From the above quoted section of the constitution it is obvious that Bar. Kuye has acted in contrary to the provision of code of conduct of public office holder, we hereby call on the acting publicity secretary of the Alliance Progressive Party Alhaji Lai Muhammed to put its house in order by bringing this man to book so that it will serve as deterrent to others, the change we desire starts with us.

It was also gathered that this has been the only way the honourable commissioner adoptes in addressing issues as he has previously beaten a former party colleague into a state of coma Late Tunde Babalola and several other cases of kuye invading political meetings with thugs abound within his constituency.

All relevant authorities like Panti state CID,Alade police station where the  matter was said to have been reported should act accordingly, in the interest of justice and fair play. Eko oni Baje oooo

Thank you

Oyenike Alliyu-Adebiyi LLB(hons)BL

AIR PASSENGERS RIGHTS -IATA

I watched a video on Stella Dimoko’s blog on how passengers flying ARIK from Lagos to New York were locked inside the hot plane and did not take off, it was gathered that the plane was so hot that parents had to strip their children half naked so as to prevent them from suffocating.

The first question that came to my mind was if air passengers have any right recognised under law because we never can tell who the next victim would be.

The Trade Association of all airline around the world with over 240 members and about 84% of total air traffic is IATA International Air Transport Association, these body is responsible for code of conduct that guide the airline operators in which Arik is one.

At the 69th Annual General meeting of IATA a bill was passed as consumer's right and has since came into force.These rights are......

passenger rights legislation should allow airlines the ability to differentiate themselves through individual customer service offerings, thereby giving consumers the freedom to choose an airline that corresponds with their desired price and service standards.

Governments should consider acknowledging voluntary industry commitments; government regulations should form the “lowest common denominator” and market forces should be allowed to determine additional standards of service levels. 

Passengers should have access to information  on their legal and contractual rights and clear guidance on which regime applies in their specific situation;

Passengers should have clear, transparent access to the following information: o  fare information, including taxes and charges, prior to purchasing a ticket; o  The airline actually operating the flight in case of a codeshare service;

 Airlines should employ their best efforts to keep passengers regularly informed in the event of a service disruption; 

Airlines will establish and maintain efficient complaint handling procedures that are clearly communicated to passengers;

 Airlines should assist passengers with reduced mobility in a manner compatible with the relevant safety regulations and operational considerations;

 Passenger entitlements enshrined in regulations should reflect the principle of proportionality and the impact of extraordinary circumstances; o There should be no compromise between safety and passenger rights protection  Safety-related delays or cancellations, such as those resulting from technical issues with an aircraft,  should always be considered as extraordinary circumstances such as to exonerate air carriers from liability for such delays and cancellations; o The industry recognizes the right to re-routing, refunds or compensation in cases of denied boarding and cancellations, where circumstances are within the carrier’s control;   The industry recognizes the right to re-routing, refunds or care and assistance to passengers affected by delays where circumstances are within the carrier’s control; o In cases where delays or disruptions are outside an airline’s control, governments should allow market forces to determine the care and assistance available to passengers; o The responsibilities imposed by the regulator, related to both care and assistance as well as compensation, must be fairly and clearly allocated between the different service providers involved and should not impact on the contractual freedom of all service providers.   Passengers should be treated comparably across transport modes, taking into account the particularities of each;Legislation should be clear and unambiguous

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL