What do you think about this discriminatory law?

What do you think about this discriminatory law?

There is a provision of
the Criminal Code that I believe may be construed as discriminatory to women
but I want to seek your opinions so together we may rightly define if the law
really does cross the line of discrimination.

Over time, I have always
believed that the law favoured women over men but that’s quite understandable,
women being the fairer sex deserve the protection right? But what happens when
it’s the other way around. This is what this law seems to be doing.

What will you call a law
that provides a stringent penalty for an offence when it is committed against a male, but provides a more lesser sentence when committed against a female?

What will you call a law
that describes the same act in two ways, it is a misdemeanour when a female is
the victim but it is a felony when a male is the victim. Maybe you can help
shed some light on the intentions of the drafters of this law, maybe there is
something I am missing. Here it goes;

353, Criminal Code Act, CAP. C38, LFN 2004
provides that:
person who unlawfully and indecently assaults any male person is guilty of a
felony and is liable to imprisonment for three years. The offender cannot be
arrested without warrant.”

While Section 360, Criminal Code Act, CAP C38, LFN 2004 provides that:
person who unlawfully and indecently assaults a woman or girl is guilty of a
misdemeanour, and is liable to imprisonment for two years

The law says the penalty
for assaulting a male person is imprisonment for three years but that same act
committed against a female person attracts a penalty of two years in prison.

Do you agree that it
smirks of some discrimination; I would have thought that assaulting a female
should have the stiffer punishment.

Kindly share your thoughts
on the subject matter and let us know what you think.


Adedunmade Onibokun

Photo Credit – www.myfloridalaw.com 
Your suicide attempt had better be successful

Your suicide attempt had better be successful

are all supposed to have our individual freedoms right?To do what we want and
how we want, as long as it does not hurt any other person. That’s what our
basic human rights are based on. But the above position isn’t true, if not,
being homosexual will not be an offence in Nigeria and we will be able to kill
ourselves. That’s right, suicide is a crime. I wonder why though, it’s not like
I am killing someone else.  
to Section 326 of the Criminal Code Act, CAP C38, LFN 2004:

person who –
Procures another to kill
himself; or
Counsels another to kill
himself and thereby induces him to do so, or
Aids another in killing
guilty of a felony and is liable to imprisonment for life. 
Section 327, states that any person
who attempts to kill himself is guilty of a misdemeanour and is liable to
imprisonment for one year. 
the law seeks to prevent people from committing suicide based on moral grounds,
however, one question that bothers me is, assuming someone wants to kill
himself, why will locking the person in a jail cell be a deterrent, he or she may as well try again while in his prison cell. I believe the
law should have made some provision for rehabilitating such a person and giving
the person another positive outlook to life. 
that’s jurisprudence for another day, for now, my suggestion to you is, if you plan to
commit suicide, ensure its successful or else you may be going to jail. 
Onibokun, Esq.



Credits – carliforniadefenseblog.com
 You will recall
that a number of months ago, the legal battle between the Nigerian government
and Senator Buruji Kashamu on the application by the United States to have
Senator Buruji extradited to the U.S was well reported in the news.
 The application was
possible because Nigeria is a signatory to several extradition treaties with
other countries. Examples of such countries are South Africa, Liberia, the United
States of America, the United Arab Emirates and the United Kingdom.  The enabling law that allows the country enter
into such agreements is the Extradition Act, Chapter E25, Laws of the
Federation of Nigeria (LFN) 2004
. The Act also becomes applicable to any
country that enters such an agreement with Nigeria.

 The Black’s law
dictionary, 10th Edition, defines Extradition as the official
surrender of an alleged criminal by one state or country to another having
jurisdiction over the crime charged; the return of a fugitive from justice,
regardless of consent, by the authorities where the fugitive is found.
 It’s however not
every time an application for extradition is made that it is granted, for
instance the United Kingdom refused to grant an extradition application to have
James Ibori return to serve the rest of his prison sentence in Nigeria. Also,
Nigeria can deny any of such applications on certain grounds which include, if
the Attorney – General or a court is satisfied that;
The offence for which the fugitive is sought is of a
political nature. Section 3(1). 
The extradition application was made for the purpose
of punishing or prosecuting the fugitive on account of his race, religion,
nationality or political opinions or otherwise not made in the interest of
justice or good faith, Section 3(2);
The nature of the offence is trivial, Section 3
The passage of time since the commission of the crime
Section 3(3)(b);
The fugitive criminal has been convicted or acquitted
of that offence before;
Is charged with an offence which under Nigerian law is
not an offence whereby his surrender is sought.
 Such application
for extradition by virtue of Section 6 is made by a diplomatic representative
or consular officer of that country which is applying to the Attorney-General
of Nigeria in writing also including with the application a duly authenticated
warrant of arrest or certificate of conviction issued in that country. The
Attorney – General will thus signify to a Magistrate to issue a warrant for the
arrest of the fugitive criminal.
AdedunmadeOnibokun, Esq.