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PENALTY FOR STALKING

PENALTY FOR STALKING

by | Jun 8, 2015 | Uncategorized

Credit- womenshealth.gov
 Being a pretty girl
or handsome chap fitbe trouble can
be a curse sometimes because your fine boy or fine girl beauty or good
looks will attract the good, the bad and the ugly to you. LOL. A friend once
told me she gave her gate keeper strict orders not to let anyone into her house
unauthorized because a certain young man had been stalking her by showing up at
her door uninvited and calling her phone several times even though she didn’t
give him the time of day. I know this is a major issue facing a lot of ladies
but I am glad to announce that respite is here for ladies in Abuja as stalking
has been officially labelled a crime by the recent Violence Against Persons Act
(2015) passed into law by President Jonathan.
Section 17 (1) of
the Act provides that:

“ A person who
stalks another commits an offence and is liable on conviction to a term of
imprisonment not exceeding 2 years or to a fine not exceeding N500, 000 or
both.”
One must also note
that even an attempt to stalk another person can earn the stalker a jail term
not exceeding one year or a fine not exceeding N200, 000 or both.
Credits- Google
Inciting another to
commit the act of stalking is also a crime and the culprit will be liable to
not more than one year in prison or a fine of N200, 000 or both.
Also aiding a
stalker makes one an accessory after the fact and such person is liable to jail
term not exceeding a year or a fine not exceeding N100,000 or both.
If you know a
stalker, save them jail term or a fine and send this blog post to them and if
are the victim of a stalker, call the police because that person is definitely
going to jail according to the law. Note however that if your husband or
wife is a monitoring spirit, this law may not be able to help you,LOL.
AdedunmadeOnibokun,
Esq.
@adedunmade
PENALTY FOR ARMED ROBBERY IN LAGOS

PENALTY FOR ARMED ROBBERY IN LAGOS

by | Aug 13, 2014 | Uncategorized


Stealing/Robbery
is a crime, we all know that right?
If you
don’t, why do you think your parents beat the living day light out of admonished
you when you were caught stealing meat from the pot taking what didn’t belong
to you. Remember those gentlemen and women always paraded by the police as
armed robbers, with guns, live ammunitions and cartridges lying in front of
them, everyone who has seen a Nigerian edition of Crime Fighters will know what
I mean, well that’s another sign for you that stealing is a crime.

Stealing
is a moral wrong that’s why all religions and societies frown against it. Stealing,
burglary and armed robbery are all crimes in many legal jurisdictions around
the world including Nigeria and Lagos State has its fair share of laws and punishments
for anyone caught stealing.
According
to Section 294 and 295 of the Lagos State Criminal Law 2011, any
person who steals anything and uses or threatens to use actual violence to retain
the thing stolen or to prevent or overcome resistance to its being stolen or
retained, is said to be guilty of robbery. And anyone who commits the offence
of robbery shall on conviction be sentenced to imprisonment for not less than
twenty-one years, Shikena. When the person is particularly armed with
firearms or offensive weapons or any obnoxious and chemical materials, such
offender shall be sentenced to death.  
You must
now see reasons why if you have chosen a career in armed robbery, you must
begin to have a rethink. Section 296 says just merely having an intention to
steal and assaulting someone in the process or just threatening to use force
while stealing is a felony and such offender is liable to imprisonment for not
less than fourteen (14) years but not more than twenty (20) years. That means
such person still goes to jail for up to 20 yrs even if the robbery was not successful.
If the robber wounds anyone or uses violence on anyone kperen, that’s
even life imprisonment.  Oboy, na to
face my law practice o, it’s not like mama & papa raised a thief anyway, *shrugs*.
  

Also any
person found in any public place in possession of any firearms whether real or
imitation and in circumstances reasonably indicating that the possession of the
firearms is with intent to the immediate or eventual commission by that person
or any other person of any of the offences in Sections 294 – 296 of the Law is
guilty of a felony and liable to imprisonment for not less than fourteen (14)
years but not more than twenty (20) years. Of course, you must know this doesn’t
include kids with toy guns, lol.
Don’t
even think one can escape punishment solely because the person was not at the
venue of the crime because according to Section 297, any person who conspires
with another to commit any of offences stated above whether or not he is
present when the offence is committed or attempted to be committed, shall be
deemed to be guilty of the
offence
as a principal offender and shall be punished accordingly. Gbam, so like
people say, for hearing la san, So for planning, the person sef go chop
yawa gets punished.
 “Firearms” includes any cannon, gun,
flint-lock gun, revolver, pistol, explosive or ammunition or other firearm,
whether whole or in detached pieces.
 “Offensive weapon” means any article apart
from a firearm made or adapted for use for causing injury to the person or
intended by the person having it for such use by him or by some other person
and it includes an air gun, air pistol, bow and arrow, spear, cutlass, machete,
dagger, cudgel, or any piece of wood, metal, glass or stone capable of being
used as an offensive weapon.
Ordinary
to buga person sef to rob am na 3 years. Also by virtue of Section 299, any person who,
with intent to steal anything, demands it with threats of any injury or
detriment of any kind to be caused to him, if the demand is not complied with,
is guilty of a felony, and is liable to imprisonment for three (3) years.

Now you know say thief work no easy, the risk wey
dey there plenty pass the risk wey Antelope dey face if e jam lion for bush. Armed
robbery is a very grave and serious crime as seen from the above provisions of
the law, though the above laws are laws of Lagos State, all other states also
have their anti – stealing/robbery laws. It is wise to also note that there has
been gossip & rumours unofficial and unverified reports that the
Police have beef for armed robbers and always shoot them upon arrest, but no
be for my mouth you go hear say teacher mama die like I said they are unofficial,
unverified and anonymous reports.
Adedunmade Onibokun, Esq
@adedunmade
RAPE IN LAGOS STATE IS LIFE IMPRISONMENT

RAPE IN LAGOS STATE IS LIFE IMPRISONMENT

by | Jun 30, 2014 | Uncategorized

Credits: Google


As a
lawyer and blogger, I come across many reports bothering on sexual crimes. I bet
you have as well. I particularly remember the shocking news out of India when
four men raped and killed a lady who commuted in the same vehicle with them.
Don’t push your nose up just yet at the Indians; we both know such similar stories
come out of your city or communities as well. Sexual crimes are a universal problem
which the courts and law enforcement agencies come across almost daily, I
wonder why we have so many perverts and sexual predators people committing
such crimes in today’s society.

In Lagos
State,Nigeria, the Criminal Code Law (2011) in Section 258 (1) provides that “any man who has unlawful sexual intercourse
with a woman or girl, without her consent, is guilty of the offence of rape and
liable to imprisonment for life”. A life time in prison is a long time to rot
cool off in jail because you can’t zip up   control
your sexual urges. Plus, it’s important to identify that fine line between
seduction and attempted rape, the law further states in Subsection (2) that “a woman or girl does not consent to sexual
intercourse if she submits to the act by reason of force, impersonation, threat
or intimidation of any kind, fear of harm or false or fraudulent representation
as to the nature of the act”. I wonder if religious leaders who cajole
their followers to have sexual intercourse come under this head, what do you
think?
Credits: Vanguardngr.com

Sexual
intercourse between a man and a woman who are married is not unlawful and sexual
intercourse is complete on the slightest penetration of the vagina or any other
part for that matter as seen in Section 259 which says “any person who penetrates sexually the anus, vagina, mouth or any other
opening in the body of another person with a part of his body or anything else,
without the consent of the person is guilty of a felony and liable to imprisonment
for life”. Wow, like I earlier stated, life in jail is a long time for a
crime that takes less than a few minutes to execute, in my opinion, it’s
definitely not worth it, even an attempt to sexually assault or rape is a
felony liable to imprisonment for fourteen (14) years, I bet you don’t want
that either.
Sexual Harassment
is a big thing that could get you a 3 year jail term in Lagos State, you cannot
even touch another person sexually without their consent or you could be liable
to imprisonment for three (3) years, that means squeezing the yansh grabbing
a co-worker or passerby in a sexual manner without their consent is not a good
idea either (S. 261(1)).
“Sexual
harassment is unwelcome sexual advances, request for sexual favours, and other
visual, verbal or physical conduct of a sexual nature which when submitted to
or rejected–
(a) implicitly
or explicitly affects a person’s employment or educational opportunity or
unreasonably interferes with the person’s work or educational performance;
(b) implicitly
or explicitly suggests that submission to or rejection of the conduct will be a
factor in academic or employment decisions; or
(c) creates
an intimidating, hostile or offensive learning or working environment”.
A person
consents if he agrees by choice and has the freedom and capacity to make and
communicate that choice. In determining whether a person charged had reasonable
grounds for believing that another person consented, the court shall have
regard to all the circumstances, including any steps taken by the defendant to
ascertain whether the woman or girl consented. So when a girl says no, she
means no. You may ask how can one tell if she’s saying no but means yes, well, except
she is saying no and putting your penis into her vagina if she implies
yes by her other actions or speech, that will be a question for the court to
decide.  
Credits: connectnigeria.com

Bestiality
is another ball game, meaning to fuck an animal to have sexual relations
with an animal is a no-no, any person who has sexual intercourse with an animal
is guilty of a
felony,
and is liable to imprisonment for three (3) years (S.265).
Adedunmade
Onibokun, Esq
@adedunmade