LESBIANISM AND THE NIGERIAN LAW

It is important for us as parent to be careful who our children associates with, our friends? our maids? cousins? uncles? etc, what influence they have on them, negative or positive one.

SEX IN MARRIAGE- I WILL DENY MY HUSBAND SEX UNTIL HER PAYS HIS DEBT

I will deny my husband sex until he pays his debt- Wife.This headline caught my attention , i opened it, realized its still marital issues which has been treated several times, in fact i have told myself to always refer people to earlier write-ups on divorce, marriage, separation than write again but on another though, it means the awareness is still limited to some set of people................so i have to continue until every one is duly informed as this is the reason behind me blogging. INFORMATION IS POWER. Please read below the body of the headline you read above.

DUAL CITIZENSHIP : SENATOR BUKOLA SARAKI

There's a popular saying that, if you don't know your history, Please join the Nigeria Politics, the story of how your great grand parent met and married will be told once you contest or you are appointed into a public office in Nigeria.

This is the case of the controversial President of the Senate, Senator Bukola Saraki, despite the people calling on the All Progressives party Chieftains to sheath their swords and let peace reign in the interest of Nigeria and spirit of change, new things seems to be emerging, the most recent is the question as to whether Senator Bukola Saraki is qualified to be a senate president by virtue of his citizenship in the United Kingdom with passport NO: 306077175.

This is purely a constitutional matter and the Constitution of the Federal Republic of Nigeria will be used to trash this, not just because of the Senate President but for future references.

First, who is qualified to be a member of the National Assembly? 

A person is qualified for election as a member of if Section 65 (1a) senate if he is a citizen of Nigeria and has attained the age of thirty-five years old  (b) House of Representatives , if he is a citizen of Nigeria and has attained the age of thirty years (2) a person shall be qualified for election if he has been educated up to atleast school certificate or its equivalent 

Disqualification for election to the Senate?

No person shall be qualified for election to the Senate or House of Representatives Section 66 (a) subject to the provision of section 28 of this constitution , he has voluntarily acquired the citizenship to a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly , has made declaration of  allegiance to such a country.

Section 28 of the Constitution of FRN? 

Subject to the other provisions of this section , a person shall forfeith his Nigerian citizenship, if not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country , other than Nigeria , of which he is not a citizen by birth.

GOV. RAUF AREGBESOLA SHOUlD BE IMPEACHED

A serving judge in Osun State High Court , Justice Oloyede Folahanmi has called on the State Assembly to impeach the Governor Ogbeni Rauf Aregbesola in line with the provision of the Constitution of the Federal Republic of Nigeria over non- payment of salaries in the state for over Eight months, he further urged them to investigate the alleged mismanagement of the state’s financial resources by the governor and his deputy.

SEARCH: WHO CAN CONDUCT A SEARCH?

A search is an examination of a person’s body , vehicle, house,  premises, or any vessel with the view to discover contraband, illicit, stolen property or some evidence of guilty to be used in the prosecution of a criminal action for some other or offence with which he is charged.

The general rule is that before a search can be conducted; there must be a warrant to be issued by appropriate authority for there to be a valid search.

The power to search the body of the person arrested is conferred on the police officer making such arrest, he needs give no reason for the search, a private person who has custody of an arrested person also has power to search a person. The search of a lady is to be carried out by another lady not by a man this is the provision of section 43(3) of the criminal procedure code, the search of the body of a woman must be done with strict regard to decency but it is lawful for a man to search other things attached to the body of a woman i.e. handbags, wallets etc

The search of premises must be conducted in the presence of two respectable inhabitants of the neighborhood summoned by the person to whom he search is addressed. Where the premises to be search belong to a woman in Pudah, they should be allowed to withdraw provided they are not the object of search.

The authority to issue a search warrant is conferred on a judge, magistrate of a senior police officer, search warrant may be issued and executed on any day including Sunday and public holidays between the hurs of 5am and 8pm but this does not mean this provision cannot be waived at anytime in other to meet the exigency of a particular vessels used for smuggling at night or house of ill repute.

A police officer may detain and search any person he reasonably suspects of any immoral or criminal act. Also before a search warrant is executed on a person, premises or thing warrant must be shown to the person, occupier or person in control of thing. The body of the person who intends to conduct the search will then be searched by by the person named in the warrant.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

CHILD BRIDE -DISCHARGE AND ACQUITTAL

The High Court sitting in Gezawa has discharged and acquitted the 14 years old girl who was charged for the murder of her husband and her late husband. Tasiu was 14 years old when she was given out to the late husband, Sanni who was 40 years old as his second wife.

SARAKI, DOGARA ,ALL PROGRESSIVES CONGRESS & THE CONSTITUTION

Dr Bukola Saraki is the Senate President of the 8th National Assembly while Hon. Yakubu Dogara is the Speaker House of Representatives................Congrats to them and their deputies

CRIME ZONE: WIFE HACKS HUSBAND TO DEATH FOR LATE KEEPING

A 40 years-old house wife, Mary Luca has been allegedly clubbing her husband to death in Kaduna State, Nigeria. A resident who want to remain anonymous claimed that argument erupted after the wife complaint that her husband always returned home late. 

COVENANTS IN TENANCY LAW

Please read below a blog visitor's narrative.................

I just relocated to a new house leaving unused one year rent in the old place which is N240,000:00 (Two Hundred and Forty Thousand Naira only) .The landlord has collected the sum of N350,000:00 (Three Hundred and Fifty Thousand Naira Only)  per annum from the new t

ASSETS DECLARATION AND PRESIDENT MUHAMMADU BUHARI

The Head of Media Team to President Muhammadu Buhari, Garba Shehu made it known through a statement signed by him that the President and the Vice President have declared their assets as required by the constitution of the Federal Republic of Nigeria through the Code of Conduct bureau and such declaration was not made public just like the immediate past President Goodluck Jonathan and Arch. Namadi Sambo . 

The fact that the asset declaration was not made public got people talking because they expect that their assets should be declared publicly just like the Late President Umar Musa Yardua, this is because the expectation of Nigerians are high and they want something entirely different from what the last administration and the People's Democratic Party offered.

I shall be shedding light on this from the legal perspective and the provision of the Nigerian Constitution.

The first question is what is the provision of the Constitution in respect of Asset declaration?

Section 140 (1) of the 1999 Constitution state that a person elected to the office of the President shall not begin to perform the functions of the office until he has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the Oath of Allegiance and the Oath of Office prescribed in the Seventh schedule of this Constitution.

The Oath of office and Oath of Allegiance has been taken by the president and the Vice- President on the inauguration day(yesterday)

Secondly, did the President and Vice President adhere to this provision?

President Muhammadu Buhari and Vice President Prof. Yemi Oshibaajo followed due process by declaring their assets immediately after being sworn into office.

GOVERNOR WIKE AND THE APPOINTMENT OF THE STATE CHIEF JUDGE

In the spirit of Democracy day celebration in Nigeria, I use this medium to congratulate the 7th democratically elected president of Nigeria, President Muhammodu Buhari and the Vice President who happens to be a senior colleague , Professor Yemi Oshibajo. May the Lord guide them to the right path. God bless Nigeria.

RIGHTS...................Children do have them

It is worthy to educate/enlighten the general public on the rights of every child, enlightenment is superior to enforcement.

The child right Act 2003 made proviso for the right of every child in Nigeria.A child for the purpose of this discussion and under the act is anybody under the age of 18years.

99.9% of parents treats and protect the interest of their child (ren) but what happens to that child that lives with them.

It is no longer news that most average families in Nigeria have a child living with them often referred to as ‘maid’ that helps in house chores and taking care of their own child.

The question now is that are those ‘maids’ children too? Do they have a right protected under the Child Rights Act 2003?

The answer is not far fetched, many custodians are ignorant of the right protected under the child’s right act and these rights are as follows;

(i)                  No Nigerian child shall be subjected to physical, mental or emotional injury, abuse or neglect.

(ii)                The dignity of the child shall be respected at all times.

(iii)               Freedom from discrimination on the ground of belonging to a particular community or ethnic group, place of origin, sex, religion or circumstances of his birth.

(iv)              Making tattoos or mark and female genital mutilation are punishable offences under the act.

(v)                Child trafficking ,abduction and forced exploitative labor are stated to be offences

(vi)              Betrothal and marriage of children are prohibited.

(vii)             Every parent or guardian having legal custody of a child under the age of 2 years shall ensure its immunization against diseases of fake judicial penalties.

Anyone found guilty of any of the above mentioned rights will face judicial penalties because those rights are enforceable.

Am sure some women will say ‘thank God my maid is from Togo, i do not have problem, i am sorry to disappoint you, the definition of who a child is doesn't change from Asia,  Europe, America, Africa   and to those men whose wives have maids you are as liable as your wife as provided in section 340 of the criminal code any husband or wife of an offender who is guilty of endangering the life of servants will equally be guilty and it is also aiding and abetting.

My advise goes to women, if we must have maids lets endeavor to put them in government public schools where we cannot afford a private school for them, this will not only put us on the positive side of law, we’ll be greatly rewarded by God Almighty.

MAN KILLS LOVER FOR REFUSING CHILD'S CUSTODY

A vigilante leader identified as Uche was arrested bt the Anambra State Police Command for allegedly killing his girlfriend over a new born baby.

The incident happened at Regina GRA in Onitsha , Uche shot at his lover for refusing to grant him custody of his baby.Trouble was said to have started when Uche's demand to have custody of his baby despite not paying bride price of the deceased , was resisted by her parent........CULLED FROM DAILY POST REWRITTEN HERE 

.......

This is pathetic, why do people take law into their hands and end up getting into trouble, for those who may be in Uche's shoes in the nearest future i shall be discussing custody of children under the law. Custody of children has nothing to do with bride price even though i will encourage a man and a woman to take necessary steps to legalize their union, either through a marriage under the Act or Customary law of the parties. This will not only avoid controversy like this but we'll end up having a sane society with legitimate children.

Uche has no doubt committed an offence of Murder and shall be charged and sentenced in a competent court of law, it is immaterial that the parent/family of the deceased does not want to press charges, this is an offence against the state, mow to custody............

KIDNAPPED GIRLS,ABORTION & PREGNANCY

I got this question from one of the blog visitors,he asked that...........concerning the girls rescued in Sambisa forest, what is your take on the pregnancies? should they be aborted or allowed.Any legal implication?

I feel there's need to address the topic, Abortion.

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,
ethical, religious and political issues that surround it. We shall base this discussion on what the law says about abortion in Nigeria and in the United Kingdom.

Abortion in Nigeria is illegal and carries a heavy jail term of 14 years if found guilty unless it is performed to save the life of the mother and child. Saving the life of mother and child is a question of law that can only be answered in court.

The Abortion act of 1967 states that Abortion is legal in United Kingdom which consists of England, Scotland and Wales as long as the pregnancy is not beyond 24^th week of pregnancy but where the pregnancy is over 24 weeks and it is seen that it would present a risk to the physical and mental health of her existing children then abortion can be carried out but this must be done only if two doctors consent on the need to carry out the abortion.

BURUJI KASHAMU & EXTRADITION ACT OF 1967

The story of a senator-elect in Nigeria, Buruji Kashamu has being the headline of many news portal in recent time, the men of the National Drug Law Enforcement Agency(NDLEA) surrounded his house as early as 4:30 am yesterday 23rd day of May,2015 in a bid to extradite him to the United State to face the drug related charges levied against him.

MAN ARRAIGNED FOR PEEPING AT FEMALE NEIGHBOR

A 36 years old barber, Azeez Adewale , was on wednesday arraigned before an Oshodi Magistrate court sitting in Lagos for allegedly peeping at his female neighbor while she was having her bath.

INFIDELITY AND CHILD'S CUSTODY IN MARRIAGE

A middle age man , Samson Musa ,on Wednesday appealed to an ojo Customary Court sitting in Lagos to end his three year old marriage to his wife because she is pregnant for another man.

The complainant who is married to his wife identified as Tunrayo for three years is accusing her of infidelity.

MALE OR FEMALE CHILD

A certain Bello Rabiu has been dragged before a Senior Magistrate  Court in Katsina for allegedly killing his new born girl.

Bello 35 years, was said to have strangled the new baby to death and buried her in his compound after she was given birth to by his wife, Fatimo.

Bello's reason for strangling the innocent girl is no other reason than he had eagerly waited for a male child but his expectation was dashed when his wife gave birth to a girl.

Bello was arrested and he has since confessed to the crime,,,,,,,,,,,,,,,,,culled from Daily Post.

What a heartless and wicked man you are Bello.

Bello has committed no other offence than murder, it is immaterial the victim was his own biological daughter, the law of the land frowns at unlawful killing of anybody by another.

If you are keen on having a male child,talk to an expert , anyone found guilty of murder of another shall be killed.

Thank you

Oyenike Alliyu-Adebiyi LLB (hons) BL

CHILD BRIDE : NOLLE PROSEQUI

The prosecutor in Kano State withdrew charges of murder against the 15 years old girl accused of using rat poison to kill a 35 years old man she was married to.

SEX: 70 YEARS OLD VILLAGE CHAIRMAN & TWO TEENAGERS

A 70 years old man identified as Iheanacho , over the weekend slumped and died after engaging in marathon sex with two young ladies age 14 years and 16 years in a hotel room at Ogbaku, a community in Imo State.