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May 21, 2018

Restore the Rule of Law

  Laws in society are departure from the anarchic era. They serve as a guide to ensure order. Therefore, no society survives without the rule of law, which is the hallmark of civilization and the difference between primitive and modern societies. Primitive society operates on the notion that might is right, resulting in lawlessness and anarchy. Society began on this platform but time has passed and man has come a long way. With the emergence of civilization and subsequently democracy, modern society began to be governed by the Rule of Law and people used dialogue rather than their fist to…

THE DEFENCE OF ALIBI

The Emergence and Proscription of the Indigenous People of Biafra

  It is not possible for anyone to be in more than one place at a time. Sometimes when a crime is committed, the police go after the usual suspects who are subjected to interrogations to find out their whereabouts at the material time of the commission of the crime. Thus Mr. X may make a statement to the police that he was not at the scene of the crime in Akwakuma Owerri but was rather in Orlu all day through. The police under such circumstance are bound to investigate the claim by X as to his whereabouts. A failure…

THE DEFENCE OF INSANITY

The Emergence and Proscription of the Indigenous People of Biafra

  Everyone’s mental health at one time or the other is questioned, I suspect, as no one has a perfect mental health. Even moments of depression and illness can be very revealing. Your mental health can be affected by cerebral malaria which can put you in a state of delirium in which a physical violence or crime may be committed. Alcohol can make one lose control of one’s capacity to control his action whilst debilitating senility can rob one of the mental capacity to make a will. Even Margaret Thatcher died  fighting dementia even though she was the prime minster…

The Defense of provocation

The Emergence and Proscription of the Indigenous People of Biafra

  In 2007, Adebayo whilst standing on a crowded Bus in Lagos felt a man leaning close to him and breathing down his neck but endured the discomfort until the Bus stopped at Surulere by which time the deceased made a gay solicitation. Ade enraged beat him into Coma. The man died three days later. Ade was charged for murder. He pleaded provocation. In another development, Joy a housewife was routinely beaten by her husband each time the mother of three had an argument with the self-employed welder husband, Ikengwuruka. On one of such occasions, she waited till the husband…

SELF DEFENCE: The guiding principles of self- defence are “necessity and proportion.”

The Emergence and Proscription of the Indigenous People of Biafra

  Criminal law is one of the most interesting branches of the law. The law that prohibits murder also creates the exceptions, when it is justified to kill. Thus it is quite legal to kill someone in carrying out a sentence of a competent court or perhaps in self defence. In subsequent edition of law and society we shall be looking at crimes, defences and punishment under our criminal legislations. But I must warn you that the door to what amounts to a crime is never closed. A government may wake up tomorrow and make the collection of rainwater a…

THE 2015 NIGERIA GENERAL ELECTIONS: TRIBUTES AND REFLECTIONS

The Emergence and Proscription of the Indigenous People of Biafra

  “Courage is what it takes to stand up and speak, Courage is also what it takes to sit down and listen.” – Sir Winston Churchill The Chinese have a saying which envisions a desire to live in interesting times. Indeed the 2015 general election is very interesting and speaks volumes of the Nigerian peoples and how much they despise each other and still want to live together! It also reveals to a remarkable degree how much the Igbophobia in Nigeria has become a multi-ethnic policy adopted in Nigeria in the backdrop of the Igbo apparent marginalization. The repeated slaughter…

THE CHOICE OF APC OR PDP AND GOOD GOVERNANCE

The Emergence and Proscription of the Indigenous People of Biafra

  “I am not bound to win, but I am bound to be true. I am not bound to succeed, but I am bound to live by the light that I have. I must stand with anybody that stands right, and stand with him while he is right, and part with him when he goes wrong.” –  Abraham Lincoln The Governorship elections have been conducted in all the states of the federation .Now we are having victory dances and intolerant intimidation of the losers and perhaps, political polarizations. It is however sad that the paramount interests of the electorate and…

The reasons why President Jonathan lost to General Buhari

The Emergence and Proscription of the Indigenous People of Biafra

We have an Alliance with the North now. The North will rule and transfer power to the South west. The south west will rule again and transfer power to the North. No Igbo Man will ever rule Nigeria’- A. Dada, a mobile police officer in Port Harcourt echoing the minds of the Yoruba in voting Buhari. The outcome of the 2015 presidential elections left me speechless and visibly shaken .Everywhere in the streets, the pensive atmosphere was like the funeral of a young one. The seemly unspeakable treachery of the south west and the victory of the North have occurred…

The Intrigues Of Nigeria’s 2015 General Elections

The Emergence and Proscription of the Indigenous People of Biafra

It was —William Bradford (1590-1657) who said, “As one small candle may light a thousand, so the light here kindled hath shone unto many, yea in some sort to our whole nation.” Today we have lit the candle to illuminate the dark crevices of the Nigerian Unique electoral system; and continued in our series on the 2015 general elections with a look into the growing anxieties of Nigerians on the March through April 2015 polls in which a Muslim challenger faces a Christian incumbent president from the south in the backdrop of a quasi religious war and the threats of…

2015 Polls: Widows and Politics in Imo State

The Emergence and Proscription of the Indigenous People of Biafra

In recent times there has been so much ado about widow demonstrations in Owerri and the allegations of their public disgrace and flogging by ill-defined elements. This is a very sensitive issue because in Machiavellian politics and by the extensive rules of power, it is a cardinal principle that one of the ways of destroying an enemy is through public opinion by simply, bribing others to contend with him, whilst you stand aside and watch his reputation soiled and torn to shreds. Many of us have experienced this first hand; for me it is not important how man sees me…

The Purpose of Politics And The 2015 Elections (4)

The Emergence and Proscription of the Indigenous People of Biafra

According to a special report on the computation of the privileges and remunerations of members of the National Assembly, it will take a minimum wage earner 1,638 years to earn what a national Assembly Senator earns in a year: The details of the remuneration of an average Nigerian Senator is detailed below: Basic Salary (B.S) – N2 484 245.50 Hardship Allowance (50 per cent of B.S) – N1 242 122.70 Constituency Allowance (200 per cent of B.S) – N4 968 509.00 Newspapers Allowance (50 per cent of B.S) – N1 242 122.70 Wardrobe Allowance (25 per cent of B.S) –…

The Purpose of Politics and the 2015 Elections (3)

The Emergence and Proscription of the Indigenous People of Biafra

The purpose of the feudal Northern politicians on the hand in Nigerian politics is not primarily, to further the common good of all Nigerians or for the ideals of equality, justice but Machiavellian in character; so it seems. The end justifies the means, even if it be by terrorism. The reason is quite clear. It has been revealed that 83% of the Nigerian auctioned oil blocks belong to Northern Nigerians. The major goal of the North in national politics is to exploit the East and control its resources. They are in politics to protect their individual and ethnic interests and…

The Purpose of Politics And The 2015 Elections (2)

The Emergence and Proscription of the Indigenous People of Biafra

Hobbes, describing man’s existence in the state of nature as “solitary, poor, nasty, brutish and short” makes abundantly clear his conception of the purpose of politics: to help man escape his barbaric natural state and enjoy the benefit of civilized society (Hobbes 70). According to Hobbes, man’s natural state is a state of war, and in this state, “the notions of Right and Wrong, Justice and Injustice have there no place” (Hobbes 71). Hobbes notes that “where there is no common power, there is no law; where no Law; no injustice” (Hobbes 71). In a civilized society, these concepts exist,…

The Purpose of Politics and the 2015 Elections

The Emergence and Proscription of the Indigenous People of Biafra

“whoever becomes the ruler of a free city and does not destroy it, can expect to be destroyed by it” (Machiavelli ). When Nigerians go to the polls to decide on the leadership of their country, next month, they would be casting their votes for the presidential, gubernatorial, state and most importantly, for legislative candidates to represent them in the National Assembly which the former President of Nigeria,  Olusegun Obasanjo describes as the “Den of thieves”. If therefore, we cast our votes for thieves, what therefore is the purpose of Politics? Fortunately, there are broad spectrums to politics which is…

CORONERS INQUEST UNDER NIGERIAN LAW WHO IS A CORONER?

The Emergence and Proscription of the Indigenous People of Biafra

A coroner is a government official, judicial officer or magistrate who confirms and certifies the death of an individual within a jurisdiction. A coroner may also conduct an investigation into the manner or cause of a death, investigate and confirm the identity of an unknown person who was found dead in the coroners’ jurisdiction. The world ‘coroner’ is derived from the Latin world ‘coronae’ which means ‘crown’. The office of the coroner originates in the medieval English during the 13th century after the Norman conquests. It was established by Article 10 of the ‘Articles of Eyre’ in September 1194 to…

Justice and the sanctity and dignity of the law and court (2)

It is in this regard that the warning of mahatma Ghandi, a dead lawyer is resurrected. Said he: “There is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts”. This brings me to the larger issue of the wilful non compliance with the rules of court, which may pervert the cause of justice. Many judges in Nigeria accommodate this or treat the issues with unaccustomed triviality. In my view as soon as a party becomes aware of non compliance with the rules off court, he must regularize and not argue…

Justice and the sanctity and dignity of the law and court

“There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of Justice”- Charles de Montesquieu. The word justice is derived from Latin which means “right”, the concept of which remains alive in the hearts of all men and in daily discourses inspite of the fact that Latin is of delimited usage, universality; and to, many, a dead language. It examines, dictates, and orders the conduct of the affairs of men and the society that they have created. The other side of justice is Injustice, which simply can be defined as the…

The Road-Traffic Act (cap 548) (2)

Part V deals with the impounding of motor vehicles without necessary particulars. Where a motor vehicle is found plying or being driven or used on any highway without the necessary particulars, a police officer may impound the vehicle and cause the vehicle to be removed to a removed vehicle park under section 18 of the Act Such a vehicle impounded known as the removed vehicle must be claimed in accordance with the provisions of section 19 within the period of two weeks, or the vehicle shall vest in the federal government of Nigeria under section 20 of the Act. Also…

KANO: HISTORY, PEOPLES, POLITICS, AND THE IMPLICATIONS OF ITS RELIGIOUS UPRISINGS ON THE CONSTITUTIONAL FRAMEWORK OF THE NIGERIAN STATE (5)

And or initiate the promotion of greater port Harcourt encompassing  adjoining Igbo lands and  the seaport of Abia as the commercial capital of Nigeria under a federal minster of commercial capital territory for appropriate development to arrest the drift to the north and leave Muslim lands for Muslims. The west have Lagos, the North Abuja, the East should have the commercial capital with over five ports to service the nation.   The federal Government must return to Kano with a study group. A solution to the religious upheavals of Kano may help to find a solution to the need for…

KANO: HISTORY, PEOPLES, POLITICS, AND THE IMPLICATIONS OF ITS RELIGIOUS UPRISINGS ON THE CONSTITUTIONAL FRAMEWORK OF THE NIGERIAN STATE (3)

  One of the major reasons for this is because of their self serving leadership which is mainly, leaden and corrupt and more importantly because of their rugged individualism. In fact their leadership in Kano came out in fear of victimizations, further attacks or losses to their properties, and undermined public concern and inquiries about the hasty mass burials of the Igbo killed in the Sabon gari Motor park bomb blasts without the permissions of their families, by the Kano state government and  without the verification of their identifications, and or their numbers and without due process or public inquiries…