DUTY TO REPORT CRIME

I remember the first time i came across the Economic  and Financial Crimes commission billboard that says 'your husband is a thief report him'  the first thing that came to my mind was came to my mind was 'na you go dey feed me' forgetting that i am not just a lawyer but also have a civic responsility to report all crimes commited in my presence or i reasonably suspect.

It is the contitutional right vested on all citizens by virtue of section 24 of chapter Two 1999 Constitution federal Republic of Nigeria that it shall be the duty of every citizen to render assistance to appropriate lawful agencies to maintain law and order.

what this section of the constitution is saying that the power to report crimes is vested on us and we are expected to carry out this constitutional duty without fair or favor and irrespective of our relationship with the perpetrator of crime.

Section 12 of the Criminal Procedure Act provide that a private  person can effect an arrest without warrant where any one commit an indictable offence in your presence or misdeamor at night.

Also in Nweke V. The state The Supreme court approve the authority of a private person to arrest without warrant where an indictable offence is committed in his presence.

The general rule is that husband and wife are one in law but by virtue of section 159 of the  Evidence Act ,in criminal cases the accused person ,and his or her wife ,and any person jointly charged with him and tried at the same time is competent to testify.

All persons shall be competent to testify unless the court consider that they are prevented from understanding the question put to them by reason of extreme old age,unsound mind,disease of the mind,young age but where none is present then such person shall be compelled to testify.

What this section of the evidence act is saying is that where we fail to eercise the constitutional right vested on us,we can be called upon to do so and where one misrepresent the fact in which one have knowledge of , it becomes contempt which is punishable with imprisonment.

Section 161of the Evidence Act states that where husband or wife of an offender who is guilty of indecent practices between male,defilement of a girl under the age of Thirteen years,allowing a person under the age of Sixteen in a brothel,endangering the life of apprentices or servants,Abduction,Bigamyshallbe  competent  and  compellable  to  give  evidence  even  though  he  /she  does  not  intend  to  do  so.

From  the  foregoing  we  have  seen  even  when  we  refuse  to  exercise  our  constitutional  rights  we  can  be  compelled   to  do  so  and  failure  to  do  so  or  where  we  misrepresent  fact  in  court  it  will  amount  to  contempt  which  is  an  offence  punishable  with  imprisonment.

Let  us  do  our  best  to  educate  people  around  us  on  the  need  to  stay  clear  crime.

Law  is  like  a  worthless  piece  of  paperthat  will  not  come  looking  for  anyone  but  man  will  go  about  looking  for.

A  crime  free  society  is  achieveable,it  starts  with  you  and i.

Thank  you.

Oyenike  Alliyu-Adebiyi  LLB(hons)  BL

PRESUMPTION OF INNOCENECE;ARE LAWYERS LIARS ?

My nephew in JSS One was asked what he want to become in future and he simply answered, Lawyer and I asked, why do you want to become a lawyer and he simply answered, I know how to convince people to my side even when am lying they always believe me.

I laughed uncontrollably, that who told that lawyers are liars, and I remembered one of my very good friends who will never call me by my name but refer to me as  ‘someone whose means of livelihood is lie’.

How true is this because that is the general belief about lawyers, but as a lawyer I will tell you this is far from the truth and discuss below one of many reasons why people believe lawyers are liars.

People wonder why a lawyer would know someone is an armed robber, rapist etc and still represent such person in court, the law states that nobody shall be condemned unheard, section 36(4) of the constitution FRN states that whenever any person is charged with a criminal offence, he shall unless the charge is withdrawn, be entitled to fair hearing in public within a reasonable time by a court or tribunal. What constitutes fair hearing starts from being represented by a counsel of his choice, so how do we achieve this except with the help of a lawyer. This concept is encapsulated in the Latin maxim Audi Altarem Partem (hear the other party)

Section 14(3)(c) of the Evidence Act places the burden of proof in a case within the knowledge of the accused person on him. What this simply says is that where the prosecution fails to prove the case against the accused then there is nothing the court can do, that is why our services are required.

 In Uso V. Commissioner of Police the supreme court held that it is the duty of the prosecution to prove the guilt of the accused person and not that of the judge, the judgment of the magistrate was set aside because the trial magistrate personally put questions to the accused in order to discredit his claim.

There is a presumption of innocence that every person charged with a criminal offence shall be presumed innocent until he is proved guilty, this was also stated in Section 36(5) Of the Constitution of the Federal Republic of Nigeria states that every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty. It is the duty of the prosecution who alleges that the accused person committed the offence to prove it beyond reasonable doubt.

Section 36(6)(c) of the constitution guarantees that every person charged with a criminal offence is entitled to defend himself or by legal practitioner of his choice. The criminal procedure act and criminal procedure code also states that when a person charged with capital offence that is not represented in court, it is the duty of the court to provide him with one. if this is not done and the accused is tried without being represented ,the decision of such court shall be set aside.

The above stated provision of the criminal procedure act cannot be waived, so what happens to an accused person, will he be left in custody untried. The constitution also states that an accused person should be tried within a reasonable time

A lawyer has an ethical duty to represent his client to the fullest extent of law and a lawyer is expected to explore every possibility, options and avenue of inquiry to defend his client no matter how grievous the case may be, telling a lawyer not to represent an armed robber is as good as telling a medical doctor not to treat a pregnant prostitute living with HIV/AIDS ,what of the innocent child she is carrying.

Contact us for all your civil and criminal matters.

I want to believe that after reading this you now know why lawyers represent criminals in law courts.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

FORGERY

A 31-year-old man, Kingsley Akpaban, on Tuesday appeared before an Apapa Chief Magistrates’ Court, for conspiracy and forgery, News Agency of Nigeria reports .The prosecutor, ASP Soji Ojaokomo, told the court that Akpaban conspired with one other, now at large, to commit the offense in 2003 at Naval Air Station, Ojo, Lagos.Ojaokomo said the accused, who resided at the Ojo area of Lagos, forged a Senior School Certificate with number NGSP 0150877 for candidate number 12746007.He said the accused used the forged certificate, purported to have been issued by the West African Examination Council to gain employment with the Nigeria Navy.“The forged document, which was said to have been issued by WAEC in 1998, was presented by the accused to secure employment with the Navy,” Ojaokomo said.

According to him, an official of the Nigerian Navy, who did a scrutiny, eventually found out that the accused forged the certificate. .....culled from PUNCH METRO

The rate at which people forge documents in this present time is so alarming; it is common between young ladies and guys of this generation. I have heard cases of ladies lying to their boyfriends and vice-versa that they graduated from one school or the other whereas they did not, i honestly don’t know when living in school environment amounts to being a graduate of the institution.

It is important we take an extra effort to find out our partner’s qualification especially the ones with questionable character.

Forgery is defined under section 465 of the Nigerian Criminal Code a person who makes a false document or writing knowing it to be false, and with intent that it may in any state or elsewhere, to the prejudice of any person may in the belief that it is genuine.

Fogery is felony and if Kingsley AKpan in this case is found guilty then he shall be liable for three years imprisonment.

So if its is an offense punishable with imprisonment then why do we engage in such act, forgery does not start and stop with school certificate only, where anyone forged any  document and another person rely on it such person will be guilty of forgery.

Common documents people forged, Power of Attorney, Deed transferring title in land, results, bank notes to mention a few.

Thank you .

Oyenike Alliyu-Adebiyi LLB(hons)BL

FREEDOM OF EXPRESSION; ABSOLUTE OR NOT

Freedom of expression/speech is a right that everyone has and should not be taken away. This right is enshrined under Section 39 of Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. 

The right to freedom of expression is a human right as enshrined under the Article 19 of the Universal Declaration of Human Rights ‘everyone shall have the right to hold opinions without interference’ a right to seek and impart information but this right is not an absolute right, it has its limits and that limits is not left to the whims and caprices of any individual as it is subject to some limitations  as with libel, slander, sedition.

Lately in Nigeria, several allegations have been leveled against the incumbent president of the Federal Republic of Nigeria by some elder statesmen from Chief Olusegun Obasanjo and now to Former Federal Capital Territory Mallam Nasir EL-Rufai attacking the president on one of the most popular social media of our time, Twitter that he intend to kill several Nigerians before the forth coming election and unfortunately he is number seven on the list.

We urge Mallam El-Rufai to kindly substantiate his claim or remain quiet ,as a Nigeria we should watch what we say at all times because some things we say a times is capable of causing more division as Nigeria is already divided Nation ranging from Political crisis, Ethnic, Religious, Terrorism and so on. The Nation is already in a fragile state and any ill speech directed at the government or people in power may cause our nation a whole lot.

The federal government irrespective of the provision of constitution on freedom of expression can get necessary law enforcement agencies to interrogate and prosecuted for this speech of his, if he cannot substantiate his clam nor state his source of information as all these allegations against Mr.President is not only directed to him but borders mainly on the National Security and matters like this should not be ignored to avoid its future occurrence.

SUICIDE; A SIN AGAINST GOD & MAN

The African Independent Television reported just few hours into the new year how a middle aged-man identified as Mr. Fedrick Orugbo  committed suicide in Abuja, The federal capital Territory of Nigeria by setting himself ablaze publicly to protest economic hardship in the country.

Nigerians are suffering despite all the natural resources God blessed our dear country with, Mr. Fedrick is a family man with seven children, it was gathered that he was into business before he lost everything leaving him with several loans unpaid, he faced ejection threat from his landlord, his children are out of school, his mother’s corpse lying in the mortuary no money to claim the corpse. Hmmm there’s hardship in the country.

It is a sin against God to commit suicide no matter what, morally unacceptable, no matter what one is going through, it is unacceptable on earth and thereafter.

Suicide has over the years been criminalized, though anyone who commits suicide is beyond the reach of the law, but there can still be legal consequences in the case of treatment of his corpse or fate of the person’s property or family members.

What and who aided another to commit suicide has over the years been dealt with and these vary from one jurisdiction to the other.

In Nigeria for instance an attempt to commit suicide is a punishable offence in the eye of the law which attracts penalty of one year imprisonment. Also anyone who counsels another to commit suicide which is a felony offence shall be punished with imprisonment of life imprisonment according to the criminal code or fine or both.

In India for instance thirty five states favoured the provision of the section 309 of the IPC that an attempt to commit suicide should be punished with one year imprisonment.

In United states of America anyone caught with an attempt to commit suicide  shall be punished by imprisonment  of not more than five years imprisonment or fine of not more than $10,000 Ten Thousand dollars because it is felony.

Those that are dead cannot be judge by law but if caught alive shall be adequately punished.

Now to our government, our country is blessed and we all know it, there are several things that can be put in place to help and improve the lives of common man on the street, poverty, unemployment, insecurity, lack of basic amenities in our country is too much.

We implore you to put effort in serving God through the people of Nigeria.

Our people are dying, come to our rescue. God bless you as you do so.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

HAPPY NEW YEAR

New Year is the time to visit our relatives and friends To warm up relations and strengthen friendship Wishing you a New Year with fun and party With relatives and friends Happy New Year

Read more at: http://easyday.snydle.com/new-year-wishes.html | Easyday

New Year is the time to visit our relatives and friends To warm up relations and strengthen friendship Wishing you a New Year with fun and party With relatives and friends Happy New Year

Read more at: http://easyday.snydle.com/

May this year be a fulfilling year for you and your loved ones, and bring your way all you ever wished for.

New Year is the time to warm up relationship with friends and family, the best time to forgive and forget.

Have a wonderful new year.

We love you.