Wednesday, 6 May 2015

ADULTERY

Anger is a brief lunacy-Horace(Roman Poet-Philosopher)

The law has tend to raise the stake of provocation beyond anger or being apoplectic, provocation is more readily accepted where the court is convinced that the circumstances of the reaction of the accused shows symptoms of what would otherwise have been attributable to diminished capacity but the transitory surge represents it as temporary insanity.


A jealous female lover in Tokunbo area of Lagos state has stabbed her man for bringing another woman into their home. It was gathered that the woman Jumoke Akinyanju was said to have stabbed her man Cletus Ezedinma on the bottom during confrontation, her husband who thought she has left home came home with another woman known as Bose, on seeing the lover she pounced on her  but the lover managed to escape from the room.

Jumoke who was angry held her husband in the collar ,broke a bottle and stabbed him in the bottom for preventing her to beat the lover to her satisfaction. Ezedinma has consequently being rushed to the hospital for treatment............CULLED FROM DAILY POST

This is an offence of battery and attempted murder, Battery in law is the intentional and voluntarily bringing about an unconsented harmful or offensive contact with a person. Under the Nigeria Criminal Act, an offence of Assault and Battery go and in hand as defined under Section 252 of the Criminal Code Act

 ' a person who strikes,touches or moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent ,or with his consent, if consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, in such circumstances that the person making the attempt or threat has actually or apparently or present ability to effect his purpose , is said to assault that other person, and the act is called an assault' 

It is also worthy to note by virtue of Section 351 of the Criminal Code Act, any person who unlawfully assaults another is guilty of a misdemeanor , and is liable , if no greater punishment is provided, to imprisonment of one year.

Provocation is one of this defenses but for it to stand the onus is on the suspect to justify this defense; the fact that you easily get angry will not suffice

There is no excuse for committing crime, stay away from crime.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL


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