POLICE ACTING AS DEBT RECOVERY AGENTS

POLICE ACTING AS DEBT RECOVERY AGENTS

Photo credits – www.informationng.com
Have you noticed that the
Police are our default go –to – persons whenever we have anyone of the myriad
of issues we deal with on a daily basis. One act which I find most absurd is
when we make them our debt collectors, this means the police in a way serve as
contract enforcers, which I believe is not right.  A friend once recounted his experience with
the police to me and explained how he had entered into a contract which did not
work out so well, thus finding himself liable to his partner to the tune of a
few millions.

The creditor had become
inpatient and reported my friend to the police, who in turn arrested my friend
at his place of business but released him on bail. Though my friend has long paid his debt, I remember
wondering if the police also had a duty to act as debt collectors or contract
enforcers for the general public.
A look at section 4 of the
Police Act spells out the duty of the police. It states that:-
“The Police shall be employed for
the prevention and detection of crime, the apprehension of offenders, the
preservation of law and order, the protection of life and property and the due
enforcement of all laws and regulations with which they are directly charged,
and shall perform such military duties within or outside Nigeria as may be
required of them by, or under the authority of this or any other Act”.
From the foregoing, I do
not see the words debt collector stated in the Police Act, do you? So why do
Nigerians call the police for such. I will rather recommend you call a debt
recovery agent.
The courts also frown on
the practice of using the Police as debt collectors. This is illustrated in the
case of A.C (O.A.O) Nig Ltd V. Umanah
(2013) 4 NWLR (Pt 1344) Page 323
where the Court of Appeal held that:
The
statutory duties of the police under the Police Act is to maintain peace, law
and order in the society. Debt collection or loan recovery is not within the
purview of the statutory duties and powers of the police”.
In conclusion, I will
suggest that the police focus on its primary duties rather than allow
distractions from matters such as debts or loan recovery. Moreover, Nigerians
have to understand that a lawyer is someone you must have on speed dial all the
time before you enter into contractual agreements.
Adedunmade
Onibokun
@adedunmade

LEGAL AGE FOR SEX IN NIGERIA

LEGAL AGE FOR SEX IN NIGERIA


Credits-thegirlsshowng.blogspot.com

For the purposes of determining the legal age of
sexual consent, we shall be relying on the provisions of the Child Rights Act
(2003). However, we must understand that the
in 2003,
Nigeria adopted the Child Rights Act to domesticate the Convention on the
Rights of the Child. Although this law was passed at the Federal level, it is
only effective if State Assemblies also enact it. To date, only about 16 of the
country’s 36 States have passed the Act.  The Act aims to promote and protect the rights
of children and it is quite important that other states in Nigeria yet to adopt
same do so in the interest of the children of that state.
With regard to sexual intercourse
with children, the Act provides in Section 31, that-

  
(1) No person, shall have sexual intercourse with a
child.
(2) A person who contravenes the provision of
Subsection (1) of this section commits an offence of rape and is liable on
conviction to imprisonment for life.
(3) Where a person is charged with an offence under
this section, it is immaterial that—
(a) the offender believed the person to be of or above
the age of eighteen years ; or
(b) the sexual intercourse was with the consent of the
child.
The above provisions simply mean that sexual
intercourse between an adult and a minor is prohibited and such adult cannot
claim that he/she believed the minor to be 18 or the intercourse was with the consent
of the child.
Other forms of sexual abuse and exploitation provided
for in the Child Rights Act can be found in Section 32 which provides that –
(1) A person who sexually abuses or sexually exploits
a child in any manner not already mentioned under the Act commits an offence.
(2) A person who commits an offence under Subsection
(1) of this section is liable on conviction to imprisonment for a term of
fourteen years.
The above provisions of the Act anticipate situations
of sexual exploitation against minors which may have not been provided for in
the Act and states that such acts will find the offender liable to 14yrs
imprisonment.  
Adedunmade
Onibokun Esq.
@adedunmade
HOW SELF DEFENSE WORKS

HOW SELF DEFENSE WORKS


 

credits-www.tes.com

What will you do if
an angry colleague with whom you had a heated argument earlier in the day is
running towards you with a knife, obviously with the intention of doing you
harm? I am guessing if you do not have a way of protecting yourself, you had
probably run away but what if you had a gun, would you shoot your assailant?
And if you did shoot him, will self – defense avail you in court?
Let’s begin by
delving into what the self –defense as a defense stands for?

Self- defense
according to Black’s Law Dictionary, 10th Edition, is the use of
force to protect oneself, one’s family, or one’s property from real or
threatened attack. The principle states that a person is justified in using a
reasonable amount of force in self – defense if he or she reasonably believes
that the danger of bodily harm is imminent and that force is necessary to avoid
this danger.
Section 286 of the
Criminal Code Act states it as follows: –
“when
a person is unlawfully assaulted, and has not provoked the assault, it is
lawful for him to use such force to the assailant as is reasonably necessary to
make effectual defense against the assault:
Provided
that the force used is not intended, and is not such as is likely, to cause
death or grievous harm.
If the
nature of the assault is such as to cause reasonable apprehension of death or
grievous harm, and the person using force by way of defense believes, on
reasonable grounds, that he cannot otherwise preserve the person defended from
death or grievous harm, it is lawful for him to use any such force to the assailant
as is necessary for defense, even though such force may cause death or grievous
harm”.
An illustration is
the case of Nnamani V State (2005) 9 NWLR (Pt. 929) 147, where the accused
was charged with murder. The case of the prosecution was that the accused
person stabbed the deceased with a knife which led to the death of the latter.
The accused pleaded self – defense, stating that the deceased had tried to stab
him with a broken bottle, however, it was discovered that the deceased had
already dropped the broken  bottle long
before the accused stabbed him and it was held that self – defense could not
avail the accused.
The general rule is
the force you use to protect yourself must be equal to the degree of imminent
threat. Therefore, stabbing a person who wants to slap you is not self –
defense or shooting a person who wants to punch you except you can prove that
the punch would have killed you. 
Adedunmade Onibokun, Esq
@adedunmade

ROBBING AN ATM

ROBBING AN ATM

Photo credits – www.atm-link.com

I
remember a scene from the movie Fast and Furious 6 where Ludacris, a member of
Dominick Torredo’s team, manipulated an ATM (Automated Teller Machine) and
money began spewing from it, you can imagine how people on the streets must have
rushed to pick up the notes as they spilled out. So after hearing about a
failed ATM burglary in the news someday, my friends and I debated how easy or
difficult it must be to burgle one, a look at the metal machine seems to
somehow say I am not giving up any money except you type in a password. Sadly,
the reported thief in the news could not get any money out of the machine but
ended up in a jail cell. 
Trying
to break into or manipulate an ATM is a serious crime with serious consequences
in Nigeria as espoused in the Cyber Crimes (prohibition, Prevention) Act, 2015.
The law in Section 30 states that:

“Any person who
manipulates an ATM machine or Point of Sales terminal with the intention to
defraud shall be guilty of an offence and upon conviction sentenced to five (5)
years imprisonment or N5,000,000 (Five
Million Naira) fine or both”
.
I
guess now you must see my point about why it is a serious crime. Due to the
fact that most ATM machines are located within banks or fitted by banks, it is
not unusual to hear that staffs of a bank are involved in certain fraudulent
acts with others to defraud the bank. That’s why sub-section 2 of section 30
stated above further provides that; 
“Any
employee of a financial institution found to have connived with another person
or group of persons to perpetrate fraud using an ATM or point of sale device,
shall be guilty of an offence and upon conviction sentenced to seven years
imprisonment without an option of fine”. 
In
a nutshell, if you have been intending to burgle an ATM machine you should
probably think twice except you believe 5 years in a Nigerian prison is an
experience you will like to partake in. 
Adedunmade Onibokun, Esq
@adedunmade

DID YOU KNOW:PENALTY FOR RAPE

DID YOU KNOW:PENALTY FOR RAPE


A
person commits rape when he or she intentionally penetrates the vagina, anus,
mouth or any other opening of another’s person’s body without the person’s
consent. Also if the consent was obtained by force, intimidation or threats or
fear of any kind or by misrepresentation of the act
Such
offender may be found liable to imprisonment for life, however when the victim
is below 14 years, the offender shall be liable to a minimum of 14 years in
prison, in other cases to a minimum of 12 years in prison without an option of
fine. In the case of rape by a group of persons, such group shall be liable to
imprisonment for a minimum of 20 years collectively.
LEGAL PERSONALITY – BABATUNDE FAGBOHUNLU, SAN

LEGAL PERSONALITY – BABATUNDE FAGBOHUNLU, SAN

If you have ever met Tunde Fagbohunlu,
then I don’t have to convince you of how much of a gentleman he is. Or how he
radiates poise,is very humble and treats everyone with utmost respect, even
younger lawyers. I met Tunde Fagbohunlu for the first time at the Law Society,
Chancery Lane, London. The event was about the Lagos Chamber of Arbitration, a
subject he is very passionate about. Here are a few things about this gentleman
per excellence.
Tunde obtained a Bachelor’s degree in
law (LLB honors) from the University of Ife, Ile Ife, Nigeria, and an LLM from
the University of Lagos, Nigeria, in 1987 and 1991 respectively. He is a
barrister and solicitor of the Supreme Court of Nigeria (admitted 1988).

 
Tunde Fagbohunlu is a Partner and head
of Litigation, Arbitration and ADR Practice Group at Aluko & Oyebode. Tunde joined
the firm of Aluko & Oyebode (Barristers & Solicitors) in 1993 and his specialty
is in commercial litigation. Tunde has litigated on extensive range of issues,
including that pertaining to oil and gas, maritime, intellectual property,
telecommunications, taxation, finance and banking, contracts, receiverships and
insolvency, commercial law transactions and general litigation both at trial
and appellate levels. 
Tunde has represented various clients
including oil companies, telecommunication companies and banks both in
litigation and arbitration proceedings. He renders legal advice on a wide range
of commercial transactions. He regularly represents Nigerian as well as foreign
and multinational clients in ad hoc arbitrations and arbitrations administered
by arbitral institutions such as the International Court of Arbitration of the
ICC.
Tunde was a member of the national
committee on the Reform and Harmonization of Arbitration/ADR Laws in Nigeria. In
Chambers Global 2013 legal rankings he was described as “hard-working
and thorough”
respected by peers for his litigation skills, and is
also increasingly involved in arbitration.
Tunde’s expertise has also been
recognised in publications such as Who’s Who Legal Nigeria 2010 and 2012. Where
he was described as a “fantastic litigator” and (2012), he was noted for his
“craftsmanship” in constructing legal arguments when representing international
entities in arbitration proceedings.

In December 2008, Tunde was conferred
with the rank of Senior Advocate of Nigeria (SAN) by the Nigerian Legal
Practitioners Privileges Committee. A Nigerian equivalent of the Queen’s
Counsel.

Tunde participated in the International
Arbitration Seminar: Transnational Arbitration Issues in Emerging Markets
(jointly organized by Aluko & Oyebode and Clyde & Co) Lagos, Nigeria
(February 2011). He was also a speaker at the ICC, UK Annual Arbitration 
Practitioners’ Symposium, London, England (July 2010).


By: Adedunmade Onibokun

DID YOU KNOW: PENALTY FOR HACKERS

DID YOU KNOW: PENALTY FOR HACKERS

Any person, who without authorization, intentionally accesses in whole
or in part, a computer system or network for fraudulent purposes and obtain data
that are vital to national security, commits an offence and shall be liable on conviction
to imprisonment for a term of not more than 5 years or to a fine of not more than
N5,000,000.00 or to both fine and imprisonment.
– Section 6(1) Cyber Crimes (prevention, prohibition) Act, 2015