Legalnaija - Legalnaija

THE ONLY WAY TO REMOVE INEC CHAIRMAN

by Legalnaija | Mar 5, 2015 | Uncategorized

If you have been reading the Newspapers for the past week,
you will definitely have come across the controversy centred around the purported
removal of the INEC Chairman, Professor Attahiru Jega. While some pro-jega fans
are saying it would be wrong to remove him at such crucial time which is barely
weeks before the elections, others are saying heavens will not fall. The main
issue apparently is does the President have the power to remove Prof Jega? Let’s
have a look at the constitution for the answer to that.

The Nigerian Constitution in Section 153 makes provision for
the establishment of certain Federal Executive Bodies including the Independent
National Electoral Commission among others. Part 1 of the Third Schedule of the
Constitution further provides in Section 14(1) that INEC shall have a Chairman
who shall be the Chief Electoral Commissioner.

Section 154 states that the Chairman of the bodies so
established shall be appointed by the President and the appointment shall be
subject to confirmation by the Senate.

With regard to removal, Section 157 says that the Chairman
can only be removed from office by the President acting on an address supported
by two-thirds majority of the Senate praying that he be removed for inability
to discharge the functions of the office (whether arising from infirmity of
mind or body or any other cause) or for misconduct. It is important to further
note that section 158 provides that INEC shall not be subject to the direction
or control of any other authority or person.

I believe the provision of the constitution is clear, that
Prof Jega can only be removed by President Jonathan only if he has the required
two-thirds majority of the Senate. But when did that ever stop anyone, you
must remember the case of Sanusi Lamido Sanusi and how he was removed.

Adedunmade Onibokun

@adedunmade/twitter

dunmadeo@yahoo.com

HOW TO PLEAD INSANITY

by Legalnaija | Feb 25, 2015 | Uncategorized

credits-cartoonstock.com

I recall how as law
students, my friends and I always shared a joke about insanity being the best
defence to a criminal charge, especially as it related to crimes of passion like
when you catch another man on your wife. For instance, I read about a
father who committed murder because a drunk driver drove into his 2 sons
killing them instantly. According to the report, the man whose sons had been
pushing his car from behind after it broke down along the highway just alighted
from the car, saw the carnage, went home, got a gun and shot the drunk driver. The
Father was however let go on the legal grounds that he was ~~mad~~ temporarily
insane when he shot the driver.

Boy o boy, I haven’t
read about that happening in Nigeria before, have you? Please share if you
have. Anyway, don’t think the defence of insanity is an automatic “get-me-out-of-jail”
card. No way and here is actually how it really works. You see, everyone is
presumed to be of sound mind at any time which comes in question, until the
contrary is proved (Section 27, Criminal
Code). So the burden is on the accused to prove that he is/was mad or
insane at the material time.

credits – bible.ca

The law says a
person is not criminally responsible for an act if at the time of doing such
act, he is in such a state of mental disease or natural mental infirmity as to
deprive him of capacity to understand what he is doing or to control his
actions. However people who suffer from delusions do not come under this
category (Section 28, Criminal Code and
Section 51, Penal code). So it’s better to say they are were following you
from the village and using a remote to control your movements rather than I
heard a voice telling me to shoot.

Also note that you
don’t prove insanity just by word of mouth, one has to establish facts such as:
evidence of past history of the accused; evidence of conduct of the accused
after committing the offence; evidence from prison officials who had the
accused in custody; medical evidence; evidence showing that insanity is an
o`gun idile runs in the family and evidence of relatives with similar
behaviour.

So the plea of insanity
is not an easy way out of trouble as my friends and I thought, the accused
person may still be convicted for culpable homicide and may just be ordered to
spend his days in ~~Yaba Left~~ psychiatric hospital taking lagatin
injections all day.

Adedunmade Onibokun, Esq

@adedunmade

dunmadeo@yahoo.com

PENALTY FOR SECRET CULT MEMBERS

by Legalnaija | Feb 11, 2015 | Uncategorized

My first experience
with unlawful societies was in the University, where I got to hear about and
see the activities of ~~cultists~~ our school prefects. Let’s just say, those
experiences made me stay away from them. Unlawful societies are not social
clubs or organizations as they usually have more sinister motives behind their
formation.

The Nigerian Criminal
Code Act defines a society to include any combination of ten or more persons
whether the society is known by any name or not. Please refer to Section 62 (1)
of the Act. The Act goes further to
describe unlawful societies as any society formed for any of the following
purposes:

Levying war or
encouraging or assisting any person to levy war on the Govt or the inhabitants
of any part of Nigeria;

Killing or injuring
or encouraging the killing or injuring of any person, clearly Boko Haram falls
into this category;

Destroying or
injuring or encouraging the destruction or injuring of any property; or

Subverting or promoting
the subversion of the Govt or of its officials; or

Committing to
inciting to acts of violence or intimidation; or

Interfering with, or
resisting, or encouraging interference with or resistance to the administration
of the law; or

Disturbing or
encouraging the disturbance of peace and order in any part of Nigeria; or

If declared by an
order of the President to be a society dangerous to the good government of
Nigeria or of any part thereof.

Thus if your organization or an organization you intend to belong to is involved in any of
the activities mentioned above, it’s important to stay away from such an organization.
It should be noted that anyone who manages or assists in managing an unlawful
society is guilty of a felony and liable to imprisonment for seven years. Also
anyone who is a member of an unlawful society or allows its members to meet on
its property is also guilty of a felony and is liable to imprisonment for three
years.

Please read and
share with others who you know may be members of unlawful societies.

Adedunmade Onibokun

@adedunmade

HOW TO BE AN ACCESORY TO CRIME

by Legalnaija | Feb 5, 2015 | Uncategorized

Credits-Google

Imagine a scenario where your friend has nuked the whole
Lagos state shoreline committed an offence and he/she leads the security
service to you runs to you for help. What you do at that point determines
if ~~you are a good friend or not~~ will be held to be an accessory after
the fact .i.e. you aided or took part in some act that aided your friend in
carrying out that offence or even helping them escape the law. Question is, how
does one know if they are accessories to a crime?

There are 3 basic types of offences, namely, felonies,
misdemeanours, and simple offences.

A felony is any offence which is declared by law to be a
felony, or is punishable, without proof of previous conviction, with death or
with imprisonment for three years or more. Examples of offences which are
felonies include: ~~fraudulently collecting 20 billion dollars from Dangote~~
armed robbery, rape, murder, treason etc. By virtue of Section 519 of the
Criminal code, any person who becomes an accessory after the fact to a felony
is guilty of a felony and if no punishment is provided such person is liable to
imprisonment for 2years. This means if you aid any person who commits a felony
after he has committed that felony, you are as guilty as the offender is.

Credits – Google

A misdemeanour is any offence which is declared by law to be
a misdemeanour, or is punishable by imprisonment for not less than 6 months,
but less than three years. Examples are offences relating to witchcraft and
juju ~~#Edo-Airway-Things~~. Section 520 of the Criminal Code says that any
person who is an accessory to a misdemeanour is guilty of that misdemeanour and
liable to a punishment equal to one-half of the greatest punishment to which the
principal offender is liable on conviction. So let’s say, your friend the main vandamme
in the film culprit will be liable to 3 years in jail for the offence he
committed, the accessory will be liable to one-half of that.

All, offences other than felonies and misdemeanours, are
simple offences. E.g. to disturb a religious worship. Any person who becomes an
accessory after the fact to simple offence is guilty of a simple offence, and
is liable to a punishment equal to one-half of the greatest punishment to which
the principal offender is liable on conviction. This is the same as above.

So get informed and let all your friends and family be
informed as well. Don’t go around being an accessory after the fact to a crime.

Adedunmade Onibokun Esq,

@adedunmade

WHAT YOU SHOULD KNOW ABOUT THE ELECTION PROCEDURE

by Legalnaija | Jan 30, 2015 | Uncategorized

Credits- dailypost.ng

It’s just a couple
of weeks to the general elections and I am sure you are as excited as everyone
else is. All this PDP, APC, UPN, SSS, DSS, Buhari, Gej talk is coming to an
end, thankfully. Almost every debate has been about the elections in the past
few weeks but that’s cool anyway because the person who takes up the mantle of
leadership in this coming election is a very important decision that concerns
all of us though you must have noticed that we at Legalnaija intentionally stayed away from openly supporting any
candidate, it’s because we want you to make that choice personally. No point
electing the wrong person though, we are getting too impatient for mediocrity
in governance. However, as the Election Day itself comes closer, there are bits
of information you should know and share with others as well, it’s about
conduct during the elections and the election procedure itself.

It all begins by every Nigerian who is eligible to
vote locating his/her Polling Unit. Such person then goes to the Polling Unit
to register and have their details taken down. Usually his/her picture is taken and his/her details captured. Such citizen would thus
be given a PVC, I hope you have gotten your PVC’s by now? If you have not, what
are you waiting for? Kindly proceed to your local government office to get
them. In order to vote, one must be a Nigerian citizen; 18 years and above; registered
in the constituency where he/she intends to vote and possesses a registration
card obtained during voters registration exercise. Persons who cannot vote include: all persons below the age of 18
years; all non-Nigerians; all persons who did not register as voters; all
persons who do not hold a voter registration card and all persons whose names
are not in the voters register.

Credits – informationnigeria.com

VOTING PROCEDURE

Voting will
be taken place at polling stations/units and all voters are expected to cast their
votes at the polling unit where his/her name is on the voter register. A voter
is expected to identify his polling station where his name is on the voter
register. The polling unit is usually nearest to the residence of the voter. On
Election day polling units will be open from 8
am for accreditation which will close at 12 while voting will start at 12:30
pm.

Procedure: Preparing For Voting

The Presiding Officer (PO) shall: explain the
voting procedure to the voters; invite all voters accredited to form a single
queue; where culture does not allow men and women to mingle in a queue,
separate queues are created for men and women. The PO shall then count loudly
the number of accredited voters in the queue, and record the number. On Election Day, it is important that you go to the
Polling Unit you were registered with your voter registration card and join the
queue for accreditation. Present your Voter registration card to the INEC
official and ensure that your name is on the register. Your finger would then be
marked with ink to show that you have been accredited.

Voting

At the commencement of voting, the PO shall invite
the voters on queue to approach the poll clerk (PC) in an orderly manner and
upon presentation of voter’s card, the PC shall check appropriate cuticle
thumbnail of voter and when he is satisfied that the person has been duly
accredited; Tick the voters register on the right hand side of voter’s name, indicating
that he has voted; apply indelible ink on the cuticle of the voter’s
appropriate thumbnail while the Poll Assistant (PA) shall apply ink to the next
finger of the respective hand. For voters who have no Right/Left hand, the PA
shall apply the ink to the corresponding toes of the voter’s Right/Left foot
and for voters who have neither fingers nor toes, ink shall be applied on the
corresponding toes of the persons assisting them.

It’s important on that day that you join the queue with the intention of casting your vote.
When it gets to your turn, ensure your name is ticked in the voter register
after which you would be given a ballot paper listing out the political parties.
At this point you would enter the booth, select your preferred candidate and place
your ballot paper in the ballot box.

Adedunmade
Onibokun

@adedunmade

Dunmadeo@yahoo.com

EVENT: – COUNTER-TERRORISM IN NIGERIA, RULE OF LAW & STRATEGIES FOR LAW ENFORCEMENT

by Legalnaija | Jan 26, 2015 | Uncategorized

A
Seminar to raise Capacity within the Criminal Justice System

The British Nigeria Law
Forum (BNLF) a bilateral, voluntary, professional organisation (based in the UK
and Nigeria), which promotes the development of the law and lawyers cordially invites
you to the BNLF Seminar on Terrorism Law & Enforcement at Protea Hotel, Asokoro, Abuja on 3^rd February 2015 at 12 noon.

The
objective of this event is to raise awareness of the Terrorism (Prevention) Act 2011 & 2013 (TPA) among lawyers,
security agents, law enforcement officers and other interested parties. It will
highlight the efforts made by the Federal Government to fight terrorism within
the ambit of the Nigerian Constitution and international law.

Other issues for discussion include:

· Examining the role of the National Security Adviser
as coordinator of security agencies under the TPA

· Developing a synergy between law enforcement
officers, prosecutors and defence counsel

· Working with govt. agencies and NGOs towards
protecting victims & witnesses of terrorist atrocities

·
Addressing challenges faced by prosecutors in
bringing offenders to justice

Other
Keynote addresses and papers include:-

Anti-Terrorism
Law in Nigeria -What Safeguards for the Rule of Law? Keynote
address by Mohammed Bello Adoke, SAN, CFR, Hon. Attorney-General of the
Federation & Minister of Justice (HAGF)

Overview of
Nigeria’s Counter-terrorism Strategy –Role
of the NSA as Coordinator under the Terrorism Prevention Act, by Office of
the National Security Adviser

Q& A session chaired by Prof Peter Akper SAN,
OFR, Senior Special Assistant to HAGF.

Entry is free but places
are limited. Please register your interest (full names, professional address
& phone numbers) by email to the name and number below no later than 12
noon on Friday, 30^th January 2015.

Babatunde Akinyanju

Chair, British Nigeria Law Forum

Email: bakinyanju@gmail.com

Tel: +2349090667136

ONLY REASON WHY ELECTIONS CAN BE POSTPONED BY LAW

by Legalnaija | Jan 26, 2015 | Uncategorized

There have been many agents of political parties, candidates and persons calling for the postponement of the General elections billed to hold on 14th February,2015.

Though this call has been received with different opinions and view,INEC has stated that it will hold the elections as scheduled.

Many of our readers have been wondering on what grounds INEC can postpone the elections and this question has necessaited this post.

Section 26(1) of the Electoral Act provides that- Where a date has been appointed for the holding of an election,and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to confuct the elections as a result of natural disasters or other emergencies.

Having read the above,do u think there is a valid reason to call off the Presidential and Governror elections?

Adedunmade Onibokun

Dunmadeo@yahoo.com

@adedunmade

DEATH – A TRIBUTE TO THE BAGA VICTIMS by CHIKA MADUAKOLAM

by Legalnaija | Jan 16, 2015 | Uncategorized

Death,
they say, is inevitable

It
comes at its own time,

Moves
as freely as it pleases,

Goes
to and fro, knocks at the door most appealing,

Death
is an unwelcome visitor, depending on whose side you’re on

For
a few, it’s a most welcome friend, its grips embraced to the pleasure of the
dying

Most
agree that most do not like the sound of death though we know that death is
inevitable,

Some
see death as a battle to fight, a struggle to triumph over! Some see death as
an enemy.

Death
is simply Death!!

Without
Death, Life cannot exist. Life is birth, Life is death.

We
may not chose when, how, where and why we die but we can agree on one thing;

No
one else should choose how we die!!

You
are subject to death as am I!

You
have no dictate to my Birth and Life, why have dictate on my death?

You
have not understood the value of life, how dare you place a value on my death?

You
cannot make a life, not even yours, so why take mine?

You
bring Death to me and feel secure because you and Death are bedmates!

Alas,
you lie!

For
the day comes when Death will show that a great bedfellow it does not make!!

The
thing to fear is not the Death that shall surely come but the Life which you
know not which follows after;

Afterall,
you who know not how to make a Life, how can you know what the future holds
after Death?

By
Chika Maduakolam

SAME EVENT; DIFFERENT RESPONSES – CRITICAL TRAJECTORIES by Arikor Collins

by Legalnaija | Jan 14, 2015 | Uncategorized

While the ink was yet to dry on this piece, I immediately was
forcefully torn between a confusing web of two different worlds; two diverse
emotions: hope and doubt. I hurriedly at the same time asked myself, how do I
feel in this very moment – am I happy or sad? Was this our dreams finally come
true? Vague and intense feelings of uneasiness washed over me. Dangling between
two different emotions, I set down penning this piece. Pictorially, I sought to
paint the true picture of what I was experiencing. The product was to picture
an orb helplessly and hopelessly oscillating, reminisce of my elementary
integrated science textbooks, from the pendulums of failure in leadership.

Arguably the grandest upcoming event in Nigeria’s history, the 2015 general
elections has in no small measure elicited diverse responses. Media report
cards are significantly impacted with the activities of the two major
Presidential candidates. From all indications, the Presidential elections –
though, not the only slated election for the year- is the major and focal cause
of concern. It is such because the occupier of the office of the Presidency,
being the country’s leader, symbolizes the whole country. The Presidential
elections thus have attained a flagship status for all other electable
positions. In the same manner that this piece elicited two conflicting
reactions within me, the fast-coming general elections in Nigeria has also
generated two different responses, meanwhile it is still the same event. The
line of demarcation is very clear. Same event – different responses. What
caused the difference?

On one hand of the divide is an incumbent President seeking re-election into an
office he has occupied for the last six years, while on the other end of the
plank is a former Head of State and retiree Army-General earnestly yearning for
the same office as the incumbent (remarkably the fourth time in a row). One
would have quickly reasoned that both contestants, being patriots, as they
claimed, would join forces to interpret the upcoming event in a similar and
single manner, because, by and large, whoever ends up occupying the office of
the President has the other to thank, not just because he won him, but because
it made him stand on his toes while contesting. But no, they’ve thus far
succeeded in creating more discordant tunes for the country by their own
different interpretations of the same event.

Looking critically at the recent flag-off campaigns of both
blocs, some noteworthy points are worth stressing. President Goodluck Jonathan
while flagging-off his campaign sought once more for the code that got him into
office four years ago: emotion and sympathy of Nigerians. Conscious however,
that his first tenure really had nothing much to speak for his widely-acclaimed
and widely advertised achievements in office, he sought to solicit for the
electorates sympathy once more. Only, this time around, he dropped the ‘I had
no shoes’ concept having come to the campaign venue clad in a very expensive shoe.
His target audience that day was the youths; his message: His (and his
age-mates) gaffes. Yes, President Goodluck while flagging-off his Presidential
campaign at Lagos quite admitted that his generation has failed us the youths.
What then is he seeking to remedy after failing us for the past six years is
beyond my comprehension. While stressing the profligacy of his predecessors
that has brought the country to its knees presently, his opponent being one of
them, he reminded youths that it was time they take charge of their own future.
Perhaps, the President saw himself as youth also, which is not a bad idea at
all. But where his administration, for the last six years, has been constantly
undermined by unsustainable practices, how does the President seek to re-enter
office?

And at the other end, General Muhammadu Buhari is vigorously
bandying about his ‘change’ mantra. Apart from being matter-of-factly out of
tune with modern day governance and administration, the retired Army General
certainly doesn’t have age on his side. One would reasonably have expected that
the foremost crier of ‘change’ in Nigeria should be somebody definitely younger
than incumbent President Jonathan. We are now in the era where the country is
striving hard at reforming, reshaping and transforming herself. Consequently,
new initiatives and projects should be gaining momentum, not old and forgotten
paths. In as much as wine thrives best when put in old wine-skins, the wine of
governance being dynamic certainly thrives best in new and innovative policies.
Beside being old, the General’s prior unholy precedents do not augur well for his
current political intentions.

Basically, what made the difference was the state of the nation at present.
There have been unresolved conflicts here and there. Also, there has been that
unhealthy polity whose open field has made many to politically and economically
bankrupt this country. Let us take the simple, yet critical issue of global
warming as an allusion to the point being made. Some scientists believe that
with sustained global warming, there is a point where the melts of earth’s
major ice sheets could be irreversible. This is because ice cover naturally
reflects the sun’s rays. But as the ice sheet thins and shrinks, the ocean
below, which is less reflective, is eventually exposed. The dark ocean surface
absorbs more heat, which in turn leads to greater melting. A self-feeding,
runaway circle could then be created. The resulting rise in sea levels from the
meltwater could spell disaster for hundreds of millions of people. It could
also lead to sudden and unanticipated climate changes which could bring
disastrous results. Now apply this analogy to ongoing political aberrations in
Nigeria and tell for yourself where we are heading to. Various past political
upheavals have constantly warmed up the Nigerian geographical sphere. The
build-up to the 2015 polls is also one such instance. Can something be done?

The good news from the foregoing, therefore, is that all is not doom and gloom
for the Nigerian polity. Our choices in life, in as much as they are sometimes
being fated by others nevertheless remain largely a product of our own
consciousness. As I reflected upon my thinking about the upcoming elections in
Nigeria, I realized that our response to what and what gives way prior to, and
in the elections proper, tells us something about Nigeria, about ourselves, and
how our future would be greatly affected by the our present decisions. So the
inevitable question arises: What will determine our response to seeing the
wrong man occupying Aso Rock? The answer is surprisingly obvious. So much that
we have probably already experienced the answer in small ways in our families.
The blame/praise for the event that would cause that regrettable response falls
firmly on our shoulders. Isn’t it high time we make the right decisions?