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The Constitutional Law That Can Get Bobrisky Arrested. - Politics - Nairaland

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The Constitutional Law That Can Get Bobrisky Arrested. by JetApartment: 3:31pm On Apr 03
What is Indecent dressing? It should be noted that the definition is subjective. It may be wearing clothes which reveal certain parts of the body that should be covered up. Thus the definition is at the court's discretion. However, Violence Against Persons Prohibition Act 2015 in Section 46 says 'Indecent Exposure' is 'Intentional exposure of the genital organs/substantial part thereof with the intention of causing distress to the other party.

This definition has two elements:

1. Intentional exposure of genital organs either fully or partly.

2. With intention to cause distress to the other party.

The mens rea (intention) of an offence is of paramount importance & failure to prove can only lead to the sudden death.

It should be noted that no legislation has made a clear provision for indecent dressing but rather indecent acts or indecent exposure.

Section 231 of the Criminal Code makes indecent act illegal. The section provides:

Any Person who;

a. willfully and without lawful excuse does any indecent act in any public place or;

b. willfully does any indecent act in any place with intent to insult or offend any person is guilty of a misdemeanor, and is liable to imprisonment for two years.'


The provision of Section 134 (1) & (2) of the Criminal Law of Lagos State is exactly the same with the provision of Section 231 of the Criminal Code above. The Penal Code in trying to curb indecency provided in Section 200 that

'whosoever to the annoyance of others does any obscene or indecent act in a public place shall be punished with imprisonment for a term which may extend to two years or with fine or both.'

It is clear that the above provision of the Penal Code does not in any way prohibit putting on indecent dresses whatsoever.

Worthy of note is that Criminal Code is applicable in the Southern part of the country while Penal Code is applicable in the Northern part.

It should however be noted that by the provision of the Sharia Law which is only applicable in 12 Northern States which are: Zamfara, Kano, Sokoto, Katsina, Bauchi, Borno, Jigawa, Kebbi, Yobe, Kaduna, Niger and Gombe, Indecent dressing is frowned at and the punishment for its contravention ranges from a couple of months imprisonment to an option of fine.

It should also be noted that the said Sharia law is only applicable to Muslims and does NOT apply to Non-Muslims unless such Non-Muslim decides to be guided by the Sharia Law.

Section 26 of the Violence Against Persons Prohibition Act provides for indecent exposure, exposure of genitals with intent to cause distress, or induce to commit an act of violence and induce another to massage or touch for perpetrator’s sexual enjoyment attracts the punishment of 1 year sentence or a fine of N500,000 or both.

Now, considering the various provisions stated above, it will be realized that there is no law that specifically criminalises 'indecent dressing' aside from the sharia law in some Northern states.

It is therefore illegal for the police or other security agency to arrest, detain or harass anyone for putting on any cloth of choice as such arrest or detention will be illegal and a breach of the person’s fundamental rights.

To the Operation Burst in the viral video beating the lady because of his dressing, Section 360 of the Criminal Code provides 'Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years'.

Attempt was made in the past to make Indecent dressing an offence. In 2008, the chairperson of the Nigerian Senate's Committee on Women, Senator Ufot Ekaette (Akwa Ibom South, PDP), introduced a bill in the Senate to prohibit so-called 'indecent dressing'

he bill proposed to grant intolerably dangerous powers of arrest & invasion of the most intimate privaciy of the woman's body imaginable to both police officers & ordinary citizens to undertake vigilante action against women they merely perceive to be 'indecently dressed'

Senator Ekaette's bill covers any female above 14 years wearing a dress that exposes 'her breast, laps, belly and waist … and any part of her body from two inches below her shoulders downwards to the knee'.

At the public hearing on the bill in July 2008, there was a consensus that its provisions portended great danger for the safety and security of Nigerian women. The Bill if passed to law would have created a grave danger to women and young ladies.

However, Bobrisky can be arrested for "Indecent Act" but not "Indecent Dressing" according to the constitution of the federal republic of Nigeria.

Credit: Segun Stephen Oladejo

Source: https://www./glimpse-indecent-dressing-under-nigeria-legislation-segun-stephen

Re: The Constitutional Law That Can Get Bobrisky Arrested. by JetApartment: 3:34pm On Apr 03
A man dressing like a woman to indirectly promote lesbianism is infact an Indecent Act, hand go soon touch bobrisky.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by Christistruth00: 3:34pm On Apr 03
Re: The Constitutional Law That Can Get Bobrisky Arrested. by Forumites: 3:38pm On Apr 03
Of all Nigeria’s problem na bobirisky una dey quote constitution for… what about loosing presidential election in Abuja ? Make una get out.

2 Likes 1 Share

Re: The Constitutional Law That Can Get Bobrisky Arrested. by Zooposki(f): 4:42pm On Apr 03
JetApartment:
A man dressing like a woman to indirectly promote lesbianism is infact an Indecent Act, hand go soon touch bobrisky.

So that you can have access to him to fvck for free. You try. You better channel that energy to more pressing issues, and stop fooling around on a public forum.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by victorclean(f): 6:45pm On Apr 03
Nothing Uncle Chukudi will not see in ebinpawarians.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by JetApartment: 7:47pm On Apr 03
Zooposki:


So that you can have access to him to fvck for free. You try. You better channel that energy to more pressing issues, and stop fooling around on a public forum.

What is this one saying? no wonder they say your gender have chicken brain.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by mrvitalis(m): 7:51pm On Apr 03
JetApartment:
What is Indecent dressing? It should be noted that the definition is subjective. It may be wearing clothes which reveal certain parts of the body that should be covered up. Thus the definition is at the court's discretion. However, Violence Against Persons Prohibition Act 2015 in Section 46 says 'Indecent Exposure' is 'Intentional exposure of the genital organs/substantial part thereof with the intention of causing distress to the other party.

This definition has two elements:

1. Intentional exposure of genital organs either fully or partly.

2. With intention to cause distress to the other party.

The mens rea (intention) of an offence is of paramount importance & failure to prove can only lead to the sudden death.

It should be noted that no legislation has made a clear provision for indecent dressing but rather indecent acts or indecent exposure.

Section 231 of the Criminal Code makes indecent act illegal. The section provides:

Any Person who;

a. willfully and without lawful excuse does any indecent act in any public place or;

b. willfully does any indecent act in any place with intent to insult or offend any person is guilty of a misdemeanor, and is liable to imprisonment for two years.'


The provision of Section 134 (1) & (2) of the Criminal Law of Lagos State is exactly the same with the provision of Section 231 of the Criminal Code above. The Penal Code in trying to curb indecency provided in Section 200 that

'whosoever to the annoyance of others does any obscene or indecent act in a public place shall be punished with imprisonment for a term which may extend to two years or with fine or both.'

It is clear that the above provision of the Penal Code does not in any way prohibit putting on indecent dresses whatsoever.

Worthy of note is that Criminal Code is applicable in the Southern part of the country while Penal Code is applicable in the Northern part.

It should however be noted that by the provision of the Sharia Law which is only applicable in 12 Northern States which are: Zamfara, Kano, Sokoto, Katsina, Bauchi, Borno, Jigawa, Kebbi, Yobe, Kaduna, Niger and Gombe, Indecent dressing is frowned at and the punishment for its contravention ranges from a couple of months imprisonment to an option of fine.

It should also be noted that the said Sharia law is only applicable to Muslims and does NOT apply to Non-Muslims unless such Non-Muslim decides to be guided by the Sharia Law.

Section 26 of the Violence Against Persons Prohibition Act provides for indecent exposure, exposure of genitals with intent to cause distress, or induce to commit an act of violence and induce another to massage or touch for perpetrator’s sexual enjoyment attracts the punishment of 1 year sentence or a fine of N500,000 or both.

Now, considering the various provisions stated above, it will be realized that there is no law that specifically criminalises 'indecent dressing' aside from the sharia law in some Northern states.

It is therefore illegal for the police or other security agency to arrest, detain or harass anyone for putting on any cloth of choice as such arrest or detention will be illegal and a breach of the person’s fundamental rights.

To the Operation Burst in the viral video beating the lady because of his dressing, Section 360 of the Criminal Code provides 'Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years'.

Attempt was made in the past to make Indecent dressing an offence. In 2008, the chairperson of the Nigerian Senate's Committee on Women, Senator Ufot Ekaette (Akwa Ibom South, PDP), introduced a bill in the Senate to prohibit so-called 'indecent dressing'

he bill proposed to grant intolerably dangerous powers of arrest & invasion of the most intimate privaciy of the woman's body imaginable to both police officers & ordinary citizens to undertake vigilante action against women they merely perceive to be 'indecently dressed'

Senator Ekaette's bill covers any female above 14 years wearing a dress that exposes 'her breast, laps, belly and waist … and any part of her body from two inches below her shoulders downwards to the knee'.

At the public hearing on the bill in July 2008, there was a consensus that its provisions portended great danger for the safety and security of Nigerian women. The Bill if passed to law would have created a grave danger to women and young ladies.

However, Bobrisky can be arrested for "Indecent Act" but not "Indecent Dressing" according to the constitution of the federal republic of Nigeria.

Credit: Segun Stephen Oladejo

Source: https://www./glimpse-indecent-dressing-under-nigeria-legislation-segun-stephen
Lmaooo how do you define indecent act

I would be disappointed if you are a lawyer

That law is to loose to pin down... Indecency is not clearly stated

How do you prove it? All he has to do is to call witness that says they don't find his actions indecent and your case falls off
Re: The Constitutional Law That Can Get Bobrisky Arrested. by JetApartment: 7:57pm On Apr 03
mrvitalis:

Lmaooo how do you define indecent act

I would be disappointed if you are a lawyer

That law is to loose to pin down... Indecency is not clearly stated

How do you prove it? All he has to do is to call witness that says they don't find his actions indecent and your case falls off

Read the post slowly next time, You also forgot that someone can write a petition for his arrest for fraud too...abi you don't know dressing as an opposite sex to deceive people is fraudulent.

1 Like

Re: The Constitutional Law That Can Get Bobrisky Arrested. by 9japride(m): 8:00pm On Apr 03
JetApartment:
What is Indecent dressing? It should be noted that the definition is subjective. It may be wearing clothes which reveal certain parts of the body that should be covered up. Thus the definition is at the court's discretion. However, Violence Against Persons Prohibition Act 2015 in Section 46 says 'Indecent Exposure' is 'Intentional exposure of the genital organs/substantial part thereof with the intention of causing distress to the other party.

This definition has two elements:

1. Intentional exposure of genital organs either fully or partly.

2. With intention to cause distress to the other party.

The mens rea (intention) of an offence is of paramount importance & failure to prove can only lead to the sudden death.

It should be noted that no legislation has made a clear provision for indecent dressing but rather indecent acts or indecent exposure.

Section 231 of the Criminal Code makes indecent act illegal. The section provides:

Any Person who;

a. willfully and without lawful excuse does any indecent act in any public place or;

b. willfully does any indecent act in any place with intent to insult or offend any person is guilty of a misdemeanor, and is liable to imprisonment for two years.'


The provision of Section 134 (1) & (2) of the Criminal Law of Lagos State is exactly the same with the provision of Section 231 of the Criminal Code above. The Penal Code in trying to curb indecency provided in Section 200 that

'whosoever to the annoyance of others does any obscene or indecent act in a public place shall be punished with imprisonment for a term which may extend to two years or with fine or both.'

It is clear that the above provision of the Penal Code does not in any way prohibit putting on indecent dresses whatsoever.

Worthy of note is that Criminal Code is applicable in the Southern part of the country while Penal Code is applicable in the Northern part.

It should however be noted that by the provision of the Sharia Law which is only applicable in 12 Northern States which are: Zamfara, Kano, Sokoto, Katsina, Bauchi, Borno, Jigawa, Kebbi, Yobe, Kaduna, Niger and Gombe, Indecent dressing is frowned at and the punishment for its contravention ranges from a couple of months imprisonment to an option of fine.

It should also be noted that the said Sharia law is only applicable to Muslims and does NOT apply to Non-Muslims unless such Non-Muslim decides to be guided by the Sharia Law.

Section 26 of the Violence Against Persons Prohibition Act provides for indecent exposure, exposure of genitals with intent to cause distress, or induce to commit an act of violence and induce another to massage or touch for perpetrator’s sexual enjoyment attracts the punishment of 1 year sentence or a fine of N500,000 or both.

Now, considering the various provisions stated above, it will be realized that there is no law that specifically criminalises 'indecent dressing' aside from the sharia law in some Northern states.

It is therefore illegal for the police or other security agency to arrest, detain or harass anyone for putting on any cloth of choice as such arrest or detention will be illegal and a breach of the person’s fundamental rights.

To the Operation Burst in the viral video beating the lady because of his dressing, Section 360 of the Criminal Code provides 'Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years'.

Attempt was made in the past to make Indecent dressing an offence. In 2008, the chairperson of the Nigerian Senate's Committee on Women, Senator Ufot Ekaette (Akwa Ibom South, PDP), introduced a bill in the Senate to prohibit so-called 'indecent dressing'

he bill proposed to grant intolerably dangerous powers of arrest & invasion of the most intimate privaciy of the woman's body imaginable to both police officers & ordinary citizens to undertake vigilante action against women they merely perceive to be 'indecently dressed'

Senator Ekaette's bill covers any female above 14 years wearing a dress that exposes 'her breast, laps, belly and waist … and any part of her body from two inches below her shoulders downwards to the knee'.

At the public hearing on the bill in July 2008, there was a consensus that its provisions portended great danger for the safety and security of Nigerian women. The Bill if passed to law would have created a grave danger to women and young ladies.

However, Bobrisky can be arrested for "Indecent Act" but not "Indecent Dressing" according to the constitution of the federal republic of Nigeria.

Credit: Segun Stephen Oladejo

Source: https://www./glimpse-indecent-dressing-under-nigeria-legislation-segun-stephen
[color=#006600][/color]

Bobrisky I believe is not the problem of Nigeria.
I just read that government is planning to increase the price of kilowatt for electricity and yet no one is talking about it.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by MadamExcellency: 8:01pm On Apr 03
JetApartment:


Read the post slowly next time, You also forgot that someone can write a petition for his arrest for fraud too...abi you don't know dressing as an opposite sex to deceive people is fraudulent.

Boborisky has not broken any law says police.

https://www.vanguardngr.com/2024/04/why-bobrisky-others-cant-be-arrested-police/
Re: The Constitutional Law That Can Get Bobrisky Arrested. by ValarDoharis: 8:16pm On Apr 03
Would you prefer to arrest bobrisky or looters of our commonwealth?
JetApartment:
What is Indecent dressing? It should be noted that the definition is subjective. It may be wearing clothes which reveal certain parts of the body that should be covered up. Thus the definition is at the court's discretion. However, Violence Against Persons Prohibition Act 2015 in Section 46 says 'Indecent Exposure' is 'Intentional exposure of the genital organs/substantial part thereof with the intention of causing distress to the other party.

This definition has two elements:

1. Intentional exposure of genital organs either fully or partly.

2. With intention to cause distress to the other party.

The mens rea (intention) of an offence is of paramount importance & failure to prove can only lead to the sudden death.

It should be noted that no legislation has made a clear provision for indecent dressing but rather indecent acts or indecent exposure.

Section 231 of the Criminal Code makes indecent act illegal. The section provides:

Any Person who;

a. willfully and without lawful excuse does any indecent act in any public place or;

b. willfully does any indecent act in any place with intent to insult or offend any person is guilty of a misdemeanor, and is liable to imprisonment for two years.'


The provision of Section 134 (1) & (2) of the Criminal Law of Lagos State is exactly the same with the provision of Section 231 of the Criminal Code above. The Penal Code in trying to curb indecency provided in Section 200 that

'whosoever to the annoyance of others does any obscene or indecent act in a public place shall be punished with imprisonment for a term which may extend to two years or with fine or both.'

It is clear that the above provision of the Penal Code does not in any way prohibit putting on indecent dresses whatsoever.

Worthy of note is that Criminal Code is applicable in the Southern part of the country while Penal Code is applicable in the Northern part.

It should however be noted that by the provision of the Sharia Law which is only applicable in 12 Northern States which are: Zamfara, Kano, Sokoto, Katsina, Bauchi, Borno, Jigawa, Kebbi, Yobe, Kaduna, Niger and Gombe, Indecent dressing is frowned at and the punishment for its contravention ranges from a couple of months imprisonment to an option of fine.

It should also be noted that the said Sharia law is only applicable to Muslims and does NOT apply to Non-Muslims unless such Non-Muslim decides to be guided by the Sharia Law.

Section 26 of the Violence Against Persons Prohibition Act provides for indecent exposure, exposure of genitals with intent to cause distress, or induce to commit an act of violence and induce another to massage or touch for perpetrator’s sexual enjoyment attracts the punishment of 1 year sentence or a fine of N500,000 or both.

Now, considering the various provisions stated above, it will be realized that there is no law that specifically criminalises 'indecent dressing' aside from the sharia law in some Northern states.

It is therefore illegal for the police or other security agency to arrest, detain or harass anyone for putting on any cloth of choice as such arrest or detention will be illegal and a breach of the person’s fundamental rights.

To the Operation Burst in the viral video beating the lady because of his dressing, Section 360 of the Criminal Code provides 'Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour, and is liable to imprisonment for two years'.

Attempt was made in the past to make Indecent dressing an offence. In 2008, the chairperson of the Nigerian Senate's Committee on Women, Senator Ufot Ekaette (Akwa Ibom South, PDP), introduced a bill in the Senate to prohibit so-called 'indecent dressing'

he bill proposed to grant intolerably dangerous powers of arrest & invasion of the most intimate privaciy of the woman's body imaginable to both police officers & ordinary citizens to undertake vigilante action against women they merely perceive to be 'indecently dressed'

Senator Ekaette's bill covers any female above 14 years wearing a dress that exposes 'her breast, laps, belly and waist … and any part of her body from two inches below her shoulders downwards to the knee'.

At the public hearing on the bill in July 2008, there was a consensus that its provisions portended great danger for the safety and security of Nigerian women. The Bill if passed to law would have created a grave danger to women and young ladies.

However, Bobrisky can be arrested for "Indecent Act" but not "Indecent Dressing" according to the constitution of the federal republic of Nigeria.

Credit: Segun Stephen Oladejo

Source: https://www./glimpse-indecent-dressing-under-nigeria-legislation-segun-stephen
Re: The Constitutional Law That Can Get Bobrisky Arrested. by Johnjustice: 8:22pm On Apr 03
Definitely an indecent act, a taboo, toying with our mentalities, taunting us, causing distress to parents whose kids are exposed to his indecency.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by mrvitalis(m): 8:27pm On Apr 03
JetApartment:


Read the post slowly next time, You also forgot that someone can write a petition for his arrest for fraud too...abi you don't know dressing as an opposite sex to deceive people is fraudulent.
Petition? Lmaooo has he ever hidden he was a man?

Stop acting on emotions this case is Baseless
Re: The Constitutional Law That Can Get Bobrisky Arrested. by FreeStuffsNG: 8:33pm On Apr 03
mrvitalis:

Petition? Lmaooo has he ever hidden he was a man?

Stop acting on emotions this case is Baseless
To be sincere and objective, that criminal law can actually put the man away wink
Re: The Constitutional Law That Can Get Bobrisky Arrested. by Googledotcom: 8:42pm On Apr 03
A group of cross dressers doing gay party in Edo or thereabout were arrested and displayed on camera. They were all dressed like women, why then is Bob still roaming around freely ?

Or is our law now segregated to some people and not to all ?
Re: The Constitutional Law That Can Get Bobrisky Arrested. by mrvitalis(m): 8:43pm On Apr 03
FreeStuffsNG:

To be sincere and objective, that criminal law can actually put the man away wink
There is nothing here

Courts works on facts and u have to prove your point beyond reasonable doubt

All he has to do is create doubts
Re: The Constitutional Law That Can Get Bobrisky Arrested. by FreeStuffsNG: 8:54pm On Apr 03
mrvitalis:

There is nothing here

Courts works on facts and u have to prove your point beyond reasonable doubt

All he has to do is create doubts
Smh. It's obvious that you think creating doubts is a formidable strategy. I repeat that that law can even be brought against him in a civil case and damages will be demanded from him.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by mrvitalis(m): 9:20pm On Apr 03
FreeStuffsNG:

Smh. It's obvious that you think creating doubts is a formidable strategy. I repeat that that law can even be brought against him in a civil case and damages will be demanded from him.
Initiate it na

Creating doubt is a known strategy of defense in law
Re: The Constitutional Law That Can Get Bobrisky Arrested. by RenaissanceGuy: 10:33pm On Apr 03
What a shame that even the writer doesn't know the difference between the Constitution and a law. grin
BTW, the day Bobrisky falls out of favour with the powers that be, is the day the police will suddenly resurrect an unknown law to arrest and prosecute him.
Re: The Constitutional Law That Can Get Bobrisky Arrested. by Ezewuzie01: 10:42pm On Apr 03
JetApartment:
A man dressing like a woman to indirectly promote lesbianism is infact an Indecent Act, hand go soon touch bobrisky.
That means una go arrest many people o. Davido, Burna boy, asake and even Portable wey dey wear ear rings and nose rings grin

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