THE NIGERIAN CONSTITUTION PERMITS YOUR RIGHTS TO BE TRAMPLED UPON IN CERTAIN SITUATIONS.
– Section 45

Aside from the general exemptions which have been listed in each of the Chapters above, the Constitution itself further provides for some specific exemptions when some fundamental rights can be infringed upon.

It specifically says that, in these listed situations, some of these fundamental rights can be restricted and derogated from and yet the Constitution would not have necessarily been breached.

Remember that the 1999 Constitution is the foundation upon which every other law is built. All laws made by the Federal, State, or Local Governments, or any other body or parastatal must all conform to the provisions of the Constitution. Any law which goes contrary to what the Constitution says is invalid to the extent of its inconsistency, and that law would be set aside.

So, in that respect, every law and regulation that is made must comply with the Constitution. Particularly, if the law has anything to do with the rights and obligations of the citizens, then such a law must conform with constitutional provisions on fundamemntal rights or else the law will be set aside as inconsisitent with the provisions of the Constitution.

Having said this, I must inform you that Section 45 of the Constitution itself provides for instances of when a law can be allowed to derogate or infringe upon the fundamental rights of the citizens. To enable you clearly understand this, I shall categorize those instances into 2, as provided for by the Constitution, viz:

1) Your rights may be restricted when it is reasonably justifiable in a democratic society; and,

2) Your rights may be restricted during or because of emergencies.

Let me now elaborate on each of these instances.

a. Your Right Can Be Restricted When It Is Reasonably Justifiable In Democratic Society
The Constitution categorically makes it clear that if a law is made and if that law is reasonably justifiable in a democratic society, then it can be allowed even if it infringes upon or restricts the fundamental rights of the citizens. However, for that law to be regarded as justifiable enough to infringe on the rights of the citizens, it must be because of any of the following 2 reasons:

1) Because such a law is in the interest of defense, public safety, public order, public morality or public health; or,

2) Because such a law is for the purpose of protecting the rights and freedom of other persons.
(I want you to please take note of the definitions of when a law or restriction is reasonably justifiable in a democratic society according to my explanation in this Chapter 12, and in Section 45 of the Constitution. This is because this phrase “reasonably justifiable in a democratic society” runs through many Sections of the Constitution, and we shall be making numerous references to it in this Chapter).

Please note, however, that it is not all the fundamental rights of the citizens that any law may be allowed to infringe upon no matter how justifiable the reason for the law is. According to the Constitution, only the following rights can be allowed to be infringed upon or restricted by a law, viz:

i. Section 37 – Right To Private And Family Life;
ii. Section 38 – Right To Freedom Of Thought, Conscience And Religion;
iii. Section 39 – Right To Freedom Of Expression And The Press;
iv. Section 40 – Right To Peaceful Assembly And Association; and,
v. Section 41 – Right To Freedom Of Movement.

Those are the only 5 rights that the Constitution allows to be infringed upon or restricted by any law if it’s because of the 2 reasons I have stated earlier. Hence, any law that is in the interest of defense, public safety, public order or public morality, or if the law was made for the purpose of protecting the rights and freedom of other persons, such may not be regarded as invalid, even if it infringes on the fundamental human rights of privacy and family life, or of freedom of conscience, thought and religion, or of expression, or of association, or of movement. In essence, it means that the fundamental rights under Sections 37 to 41 of the Constitution are not absolute. They are limited and subject to those exceptions.

b. Your Rights Can Be Restricted Because Of Emergencies
The second group of restrictions which the Constitution may allow is in respect of the following 2 Sections:

1. Section 33 – Right To Life
2. Section 35 – Right To Personal Liberty

The Constitution allows that a law may be made, or some measure may be taken during periods of emergencies which may infringe upon or restrict the citizens’ rights to life and personal liberty.

For instance, in cases of serious emergencies like war, serious violence, and armed revolt, the security agencies may be called upon to quell the turbulence in which case lives may be lost in the process. Or, in the case of armed revolt, the personal liberty of citizens may be restricted in which case, some of the revolters may be arrested and detained contrary to constitutional provisions.

But, I’ll like you to note that, in these 2 Sections above, the rights that can be infringed upon is strictly limited and specified by the Constitution. As a matter of fact, the Constitution clearly stipulates the conditions under which the right to life and personal liberty may be infringed upon. These are that:

a. There must have been a period of emergency.

b. The measures taken which infringe on rights to life and personal liberty must be for the purpose of dealing with that situation of emergency.

c. The measures must be reasonably justifiable.

d. The measures taken must be by an Act (law) of the National Assembly.

RIGHT TO LIFE
-Section 33

Section 33 of the 1999 Constitution says-
“Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”

a. Your Right To Life Is Guaranteed
Right to life is a very important right guaranteed under the Constitution. This provision guarantees every citizen the right to life and that no life can be taken intentionally without lawful justification. To take another man’s life intentionally and without lawful justification is murder which is a capital offence. And, in Nigeria, punishment for murder is death by hanging.

b. Limitations To Right To Life
Note, however, that the Constitution has itself stipulated some conditions before you can say a person has been deprived intentionally of his life. They are as follows:

a. A person cannot be said to have been intentionally deprived of his life if the deprivation is carried out in execution of a death sentence for a criminal offence for which the person has been found guilty by a court in Nigeria. Where, for example, Mr. A commits murder or another capital offence and a court of law in Nigeria finds him guilty and sentences him to death, then Mr. A is not covered by this constitutional provision of right not to be deprived of his life. His life is to be taken in execution of a court judgment. But, note that the person must have been tried by a court of law and convicted of the offence. And, such a conviction must have taken place in Nigeria. (Thus, the Constitution says the conviction of Mr. A for the offence of murder must have taken place in Nigeria and nowhere else).
b. Secondly, the Constitution says no one shall be deprived “intentionally” of his life. This means there are situations when the life of another person is taken unintentionally, for example, by accident, vehicle accident, or a fight that results in the death of one of the combatants, etc. Any of these situations will not amount to murder if it can be shown that the killer did not have the intention to deprive the other man of his life. In this instance, the offender may be guilty of manslaughter for which the punishment is a term of imprisonment.

c. A person cannot be regarded as having been denied intentionally of his life if he dies as a result of the use of lawful force which is “reasonably necessary”. Conversely, a person who dies as a result of reasonably and necessary lawful force used against him cannot be said to have been killed intentionally.
Under this exception, however, the Constitution has clearly stated circumstances which may be considered as “lawful force which is reasonably necessary”, because, it is not every force that is lawful and it is not every force that is reasonably necessary. So, force is lawful and permitted only in the following situations:

i. If a man dies at the hands of another person who is defending himself, his property or another person from unlawful violence. For instance, if a citizen is attacked by armed robbers or assassins, and in the course of the attack he uses reasonable force to defend himself, as a result of which one of the robbers dies, it does not amount to an intentional deprivation of the robber’s life. Or, where one’s property is under attack by arsonists or rioters, and the owner of the property uses reasonable force to defend his property as a result of which one of the arsonists or rioters is killed, then this does not amount to an intentional deprivation of life. It is taken that the force used by the person is lawful because it is in self-defense.

ii. If a person dies because reasonable force was applied during the course of his lawful arrest or to prevent his escape from lawful detention, then it does not amount to intentional deprivation of life. Note, however, that in such situation, the force applied will be measured in comparison to the gravity of the offence he had committed. For instance, if an armed robber being arrested or in detention attempts to escape, and in preventing his escape a gun is shot at him which results in his death, such a death is excusable and may not be an intentional deprivation of life. It is taken that the force used to prevent his escape is commensurate with the seriousness of his offence and is therefore lawful. Or, if a murderer is being arrested and the person effecting the arrest is himself under threat of being killed, then it will not be intentional deprivation of life if he applies reasonable force which results in the death of the offender. Such force is regarded as lawful.
But, it may not be so where the offender is only guilty of a simple offence, for instance, a petty thief or someone who merely assaulted another, attempts to escape and a gun is shot at him which results in his death. Such a force is unlawful because it is not commensurate with the gravity of his offence. Likewise, a person carrying out an arrest for a simple offence, e.g., traffic offence cannot use force that will result in the death of the offender. That will not be counted as unintentional deprivation of life but murder. The force used here is unlawful.

iii. If in the course of suppressing a riot, insurrection or mutiny, lawful force is reasonably used which results in the death of the rioters or mutineers, such will not be an intentional deprivation of life.
Please note that for any of the above exceptions under paragraph (c) above to be recognized by law, 2 essential elements must be present, as follows:

a) Firstly, the use of the force that resulted in the death of another person must have been reasonably necessary. What this means is that there must not have been a better alternative than the use of such a force. And, the force used must be one that any other reasonable man will use. Let me give you an example. Let’s assume that there is a riot and people are being attacked or killed, and properties are being looted or vandalized and it is obvious that the rioters are armed and there is no way to stop them. If the Police come in and shoot at the rioters with a view to dispersing them, any of the rioters who dies as a result of such shooting would not be taken as having been killed intentionally. This is because the force used by the Police in that situation is reasonably necessary as there was no other alternative to disperse the rioters than shooting at them. And, such force would be regarded as lawful force. Another example is if Mr. A attacks Mr. B with a cutlass with the intention to kill him, and in defending himself, Mr. B shoots Mr. A with a gun, then such force may be considered lawful and reasonably necessary as there was no better alternative for Mr. B than shooting Mr. A to defend himself.
But, on the other hand, if there are peaceful protesters carrying no arm, not looting, attacking or destroying properties, then it would be unlawful if the Police start shooting at them in order to disperse them. This is because the force used is not reasonably necessary as there would have been better alternatives, like the use of tear gas or water cannons to disperse the protesters if the need arises. Or, if Mr. A attacks Mr. B without using any weapon, and Mr. B in defending himself uses e.g., a cutlass which resulted in the death of Mr. A, such force is not reasonable force. You must note, therefore, that to determine a reasonable force will depend on the circumstances of each case.

b) Such a force must be permitted by law. The permission by law will also depend on the facts and circumstances of each case, as in the exemptions stated above. For example, if a suspect is attempting to escape from police custody and to prevent his escape the policeman pours acid on him which results in his death, then such a force is not permitted by law. Or if a thief is caught and tyre and/or petrol is put on him and he’s set ablaze. Lynching or setting a criminal ablaze is not a force recognized by law
An important point to note here is that the mere fact that the deprivation of life comes under any of the above exemptions does not completely exonerate the person who deprived the other of his life. In many instances, it will only mitigate or reduce the punishment that would have been inflicted by the law. For example, if Mr. A is attacked by Mr. B, and Mr. B dies in the course of Mr. A defending himself, it does not mean that Mr. A may not be charged for the death of Mr. B. It only means that Mr. A has a lawful excuse that Mr. B died while he was trying to protect himself. The court will only look at the circumstances of the case to determine if it falls within the recognized exemptions under the law stated above and determine if the person is guilty of a lesser offence.

Right To Remain Silent When Arrested

This is a guaranteed provision of your fundamental human right included in the Constitution for your sake. For emphasis, let me repeat word for word what the Constitution says:

“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.”

This is constitutional provision which many Nigerians are too timid to enforce. When the Police arrest or detain a suspect for any offence at all, it is the right of such a suspect to refuse to make any statement or answer any question until he consults with his lawyer or any other person of his choice. Many a times, the Police arrest a suspect and force him to make a statement or clamp in detention without access to his lawyer, doctor or family members. This is wrong and unconstitutional.

The purpose why the law makes provision for a suspect not to make statement until after consultations is to prevent the suspect from making statements that will incriminate him as a suspect. Most times when the Police arrest a suspect, they hurriedly force him to make a statement before his lawyer or any of his relations arrive. They do this so they can force him to incriminate himself or make a supposed confessional statement which they can use to intimidate and bargain for “bail money”. A suspect who does not know his rights may be forced into this situation. But, where he insists on his rights, he is entitled to discuss with his lawyer for the purpose of gaining legal advice on the charge against him, before making any statement.

Note that it does not have to be his lawyer only. A person arrested or detained is entitled to refuse to make a statement until he consults with any person of his choice also. Such a person could be his father, mother, brother, friend, relation, or anybody for that matter.

So, when the Police arrest or detain you for any charge whatsoever, it is your constitutional right to insist that you would not answer any question or make any statement until you consult with the person of your choice. Do not let the Police harass or intimidate you into abandoning your right. You are entitled to it under the Constitution; but Nigeria Police may not allow you to exercise that right unless you insist on it.

Atimes, the Police may deride or threaten you when you insist that you would not make statement or answer any question until you make your consultations. They may threaten to detain you in the cell or prevent anybody from gaining access to you. They may make jest of you as “too know” or “over sabi”. You just maintain your stand. Remind them that it is your constitutional right and that you know your right under the Constitution. You are not the writer of the Constitution. So, those who made the Constitution must have their reasons for making this provision. Everybody is subject to the Constitution, including the Police. And laws are meant to be obeyed


http://preawin.org/member/forums/topic/the-right-to-remain-silent-when-arrested/

DEFAMATION OF CHARACTER

Defamation of character is another important civil right, which many of us take for granted. It relates to any malicious statement by one person to another which tends to cast aspersions on the character or integrity of the victim.


Defamation may come in form of libel or slander. And there are many differences between libel and slander. In libel, the defamatory statement must be published in permanent form like a newspaper, book, painting, cartoon, picture, video and audio recordings, etc. It must exist in a medium which can be seen or heard and examined by evidence. On the other hand, in slander, the defamatory statement is not in any permanent form but in words uttered or gestures made. It is usually in form of statement communicated by one person to another against a victim.

Another difference is that the victim of libel does not have to prove that he suffered any special or actual damage as a result of the libelous publication before he can be awarded damages. It is sufficient once he can prove that the defendant made the statement which is libelous against him. The court will presume that the victim has naturally suffered damage to his reputation once he can prove that there was libel. On the other hand, the victim of slander must be able to establish and prove that he suffered actual damage as a result of the slanderous communication against him.

The first pronouncement on the right to respect for privacy and family is set out in the Universal Declaration stipulating that ‘no-one shall be subjected to arbitrary interference with his privacy, family, home or correspondence’ and that ‘the family is the fundamental group unit of society entitled to protection by society and the state’. Today the right to respect for private and family life has come to encompass a wide range of areas. Privacy applies to a wide spectrum ranging from phone tapping to sexual orientation, while prominent issues regarding the right to respect for family include the rights of parents to contact with their children, remarriage and adoptions.

The right to respect for private and family life

The right to respect for privacy mirrors the liberal concept of the individual’s freedom as a self-governing being as long as his/her actions do not interfere with the rights and freedoms of others. The right to privacy is the right to individual autonomy that is violated when states interfere with, penalise, or prohibit actions that essentially only concern the individual, such as not wearing safety equipment at work or committing suicide. States justify such interferences with the social costs of the actions prohibited, for instance to the health care system. The right to privacy encompasses the right to protect a person’s intimacy, identity, name, gender, honour, dignity, appearance, feelings and sexual orientation. The right to privacy may be limited in the interests of others, under specific conditions, provided that the interference is not arbitrary or unlawful. People cannot be forced to change their appearance or name, for instance, nor can they be prohibited from changing their name or sex; however, in the interests of the rights of others they may, for example, be compelled to give biological samples for the determination of paternity. Another exception could be lawful counter-terrorism surveillance that necessarily operates in breach of privacy rights. Such a breach is acceptable as long as it accords with judicial and parliamentary oversight. The right to privacy extends to the home, the family and correspondence. The term family relates, for example, to blood ties, economic ties, marriage and adoption. The right to the respect for privacy of the home has been interpreted to include place of business. A common interference with the privacy of correspondence has to do with secret surveillance and censorship of the correspondence of prisoners.

Finally, with the propagation of computer technology and automated data processing, states are obliged to ensure effective data protection as public authorities and commercial organisations are in a position to exploit personal data threatening the privacy of individuals.

STANDARDS

Article 12 UDHR and Article 17 ICCPR stipulate that ‘no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation’ and that ‘everyone has the right to protection of the law against such interference or attacks.’ Very similar wording is used in Article 14 CMW protecting migrant workers and their families from arbitrary interference with their family life and privacy. Article 16 CRC and Article 22 CRPD also specifically guarantee privacy rights for children and disabled persons.

Article 8 ECHR sets out the right to respect for private and family life, home and correspondence, as well as a number of possible limitations. Authorities may not interfere with this right except as is ‘in accordance with law and is necessary in the interests of a democratic society, in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health and morals, or for the protection of the rights and freedoms of others.’

Article 11 ACHR sets out the right to privacy, honour and dignity, and prohibits arbitrary interference with the right to privacy and stipulates that everyone has the right to protection of the law against attacks or interferences with the right.

The ACHPR does not explicitly set out the right to privacy, but Article 18 attaches particular importance to the state’s duty to protect the family.

RIGHT TO PRIVACY OF YOUR MEDICAL CONDITION AND RECORDS

Your right to privacy equally applies to your medical situations and records. Hence, it is wrongful for a medical doctor to disclose your ailment to a third party without your consent. It does not matter that the person disclosed to is your father, mother or closest friend. It is unconstitutional for a nurse or any other medical personnel to disclose your medical condition to a third party or members of the public without your authority. A medical institution cannot release details of your medical treatments or examination to a third party or to the public without your express consent and permission.

Right to privacy in medical terms also connotes the right to give your consent before medical treatment is performed. Therefore, your doctor must obtain your informed consent before carrying out any medical examination, treatment or surgery on you. Informed consent here means that the doctor must tell you what he intends to do with your body and the medication he intends to administer. It also means that a surgeon must inform you and make sure you understand the nature of the surgery or procedure, the side effects, the benefits and the limitations. You must fully understand all these and give your consent before such a surgery is carried out at all.
Again, right to privacy in medical treatment indicates that nobody can treat you for an ailment if you do not wish to be so treated. Nobody can also force you to undergo a particular type of medical treatment or engage a particular doctor against your wish, so far as you are an adult or of age and of a sound mind. For instance, nobody can force you to take the traditional/herbal mode of treatment against your wish. Conversely, nobody can also force you to take an injection if you do not so wish. Please note that this may not apply to contagious diseases, e.g., leprosy, Ebola, etc., or an outbreak. Here, the appropriate authority are entitled to take certain steps to curb the spread or outbreak of a particular disease, and such a step may include confinement or treatment of the victim with or without .

RIGHT TO PRIVATE AND FAMILY LIFE
– Section 37
“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

The Constitution guarantees that every citizen of Nigeria is entitled to their privacy. This right to privacy covers your home, correspondences, telephone conversations and telegraphic communications; hence your privacy as a citizen in Nigeria is protected by the Constitution. So, you are entitled not to be bothered or disturbed by anybody or persons whatsoever, so long as you are not involved in any illegality.

a. Right To Privacy Of Your Dwelling Place
The provision not only guarantees but protects your privacy. In this sense, it is illegal for another person to invade your home or enter into your dwelling place without your consent and authority. It is illegal for a person to enter into your apartment without your knowledge and consent, even if he is your landlord or the owner of the property. So, if anybody enters into your home without your consent, that person has committed trespassed against your property. Aside from the remedy under the Constitution, you may also sue the person and claim damages for the trespass notwithstanding that no damage was caused to your property.

This constitutional guarantee of your privacy is also protected under the criminal laws. For instance, under the Criminal Code, Sections 410 – 417 deal with offences which relate to invasion of the privacy of your home, viz, housebreaking, burglary, breaking and entry, etc. Section 410 defines the offences as follows:

“A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar flap, or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is said to break the building.

A person is said to enter a building as soon as any part of his body or any part of any instrument used by him is within the building.

A person who obtains entrance into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.”
All these constitute offences under the Criminal Code for which the punishments range from 7 years to life imprisonment.

Limitations To Freedom Of Movement

Inspite of your right to freedom of movement, there are certain instances when this right may be infringed upon by some other laws which are reasonably justifiable in a democratic society. Such laws may not be inconsistent with the Constitution in as much as they are reasonably justifiable, even if the law restrict your freedom of movement. Some of the instances of limitations on your freedom of movement are stated by the Constitution as follows:

a. Restrictions upon committing a criminal offence: A person who has committed or is suspected of having committed a criminal offence may have his movement restricted in order to prevent him from leaving or running away from Nigeria. Such a person may be asked to surrender his international passport or other travelling documents without which he cannot leave the country. He may be asked to deposit such travelling documents with the court or with the security agencies.

A person who has committed or suspected to have committed a criminal offence may have his movement restricted even within the country. Such person may be bound from travelling outside his town or State without permission from security agencies or from the court. Such a person may be prevented from visiting a particular place, town or State if it becomes necessary.

A person who has committed or suspected of having committed a criminal offence may be prevented from leaving his home or neighborhood if it becomes necessary. This is what is commonly referred to as “house arrest”. Such a person may be bound under the order of a court or by security agencies from leaving his residence if leaving it will create security risks or violence.

b. A citizen who has committed a criminal offence in another country and escaped to Nigeria may be forcefully removed from here to that country to face trial for the offence he committed. A person who committed an offence outside Nigeria, was tried, found guilty and sentenced to imprisonment but manages to escape may be forcefully removed to that country to undergo his imprisonment or other sanction prescribed by the laws of that country.

But, note that in every case where a citizen can be forcefully removed to face trial or serve imprisonment in another country, there must have been a reciprocal agreement between Nigeria and that other country on such matter. For instance, if a citizen commits an offence in, e.g., China and escapes to Nigeria, that citizen cannot be forcefully removed to China to face trial or undergo imprisonment if there is no agreement between Nigeria and China that any of their citizens who committed an offence can be so forcefully removed to Nigeria. In other words, there must have been an agreement that if a Chinese also commits an offence in Nigeria and escapes to China, such a citizen can be forcefully removed to Nigeria to face his trial and/or imprisonment.

c. Freedom of movement may be restricted in times of war, violence, riots, or breach of public peace. The government is entitled to impose curfew from and to any particular period in order to secure lives and properties and maintain peace.

d. Freedom of movement may be restricted in times of epidemics, natural calamities, disasters, state of emergencies, etc.

e. Freedom of movement may be restricted in times of national, State or local event, e.g., the environmental sanitation exercises, election days, etc.

f. A prisoner serving jail term or a suspect awaiting trial may have his freedom of movement restricted according to rules and regulations by the prison authorities.

g. A lunatic, person of unsound mind or person suffering from contagious diseases may be forcefully removed from one place to another for his treatment, welfare and public safety and security.

YOUR RIGHT TO FREEDOM OF MOVEMENT
– Section 41

(1) “Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom…..”

The Nigerian Constitution gives every citizen freedom of movement. It says every citizen is entitled to move freely throughout Nigeria. You are free to move from one village, town, city or State to another without any disturbance or hindrance from anybody. You are entitled to move freely within your locality or environment without any molestation from any quarter. You are entitled to travel freely from one point to another without anybody preventing you from so doing.

As a citizen, you are entitled under the Constitution to live and settle down in any part of Nigeria, freely without any harassment and disturbance from anybody. You can settle down in any part and decide to live there forever, notwithstanding that the village or town is not your place of birth or State of origin.

a. Your Right To Move Freely In And Out Of Nigeria
No citizen of Nigeria can be expelled from the Country. In the same vein, every citizen is permitted to move freely in and out of the country without any hindrance. As a Nigerian citizen, nobody is entitled to prevent you from traveling out of Nigeria if you so desire. And, nobody is entitled to prevent you from coming into the country as a citizen.
Therefore, as a Nigerian, you are free under the Constitution to move freely as you wish, from any part of the country to another, in or out, without anybody disturbing you. Where any person, agency or institution prevents you from moving freely within and out of the country, you are entitled to take it up legally against such person or institution.

b. Your Right Against Arrest For Wandering
There was a certain time when the Nigeria Police indulged in the illegality called arrest for wandering. They go about arresting people who are moving freely, on the allegation that they are wandering about. This is contrary to the Constitution. Under the law, your freedom of movement cannot be curtailed by anybody or organization under any guise whatsoever. If you so desire, you can decide to take a stroll around or go on sightseeing, with no particular destination in mind. It is your right. In any case, let me inform you that the law on wandering has been repealed, and no policeman can arrest or harass you on this law anymore.

DISCRIMINATION AGAINST DISABLED PERSONS

The mere fact that one is disabled does not mean he should be discriminated against.
For, this Section of the Constitution also provides that a Nigerian citizen shall not be subjected to any disability or deprivation merely by reason of the circumstances of his birth. Therefore, a man who was born blind must not be deprived of attaining any position he desires merely because of his disability.

A cripple cannot be disabled from contesting and indeed becoming the Governor of a State on the ground of his disability.

Discriminations do not affect public offices alone. It affects private companies and establishments too. Hence, it is unconstitutional for any company, expressly or by implication, to deprive citizens of other communities from working in that company. It is unlawful for a company to prevent women from working in that particular company or reaching any desirable position merely on the basis of sex. It is wrong and unlawful for a company to make regulations that only people from a particular religion are allowed to work or attain a position in such company to the exclusion of other persons.

Absence of discrimination under the law means equal rights for all citizens. Hence, the Constitution expressly declares that appointments into federal positions, e.g., ministries, government agencies and parastatal shall be done in such a way as to reflect the federal character principle under Nigerian laws. The federal character principle means that appointments into federal offices shall be done in such a way that every region or part of the Federation is represented in the federal government. For instance, ministers must be appointed from all the 36 States of the Federation.
To prevent discrimination, the Constitution also allows that the country must be divided into senatorial districts with all of them entitled equally to produce three senators at the National Assembly. Similar principles apply to federal constituencies throughout the country which are allowed to send their elected representatives to the House of Representatives.

The main purpose of this topic is to bring to your notice that there are some provisions in the African Charter which are not present in the Nigerian Constitution, or even in the Universal Declaration of Human Rights. So, when you read the constitutional provisions on human rights, please read it along with the African Charter, to brighten your horizon on the boundless provisions on your fundamental rights. Remember particularly that I have stated that the African Charter is now part of Nigerian laws. So, you are entitled to cite its provisions in any court of law or legal argument about your rights.
Here, as follows, is the full text of the African Charter, Part I:

AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES’ RIGHTS
(Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986)

Preamble
The African States members of the Organization of African Unity, parties to the present
convention entitled “African Charter on Human and Peoples’ Rights”,

Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government at its
Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July 1979 on the
preparation of a “preliminary draft on an African Charter on Human and Peoples’ Rights
providing inter alia for the establishment of bodies to promote and protect human and
peoples’ rights”;

Considering the Charter of the Organization of African Unity, which stipulates that
“freedom, equality, justice and dignity are essential objectives for the achievement of the
legitimate aspirations of the African peoples”;

Reaffirming the pledge they solemnly made in Article 2 of the said Charter to eradicate all
forms of colonialism from Africa, to coordinate and intensify their cooperation and efforts
to achieve a better life for the peoples of Africa and to promote international cooperation
having due regard to the Charter of the United Nations. and the Universal Declaration of
Human Rights;

Taking into consideration the virtues of their historical tradition and the values of African
civilization which should inspire and characterize their reflection on the concept of human
and peoples’ rights;

Recognizing on the one hand, that fundamental human rights stem from the attributes of
human beings which justifies their national and international protection and on the other
hand that the reality and respect of peoples’ rights should necessarily guarantee human
rights;

Considering that the enjoyment of rights and freedoms also implies the performance of
duties on the part of everyone; Convinced that it is henceforth essential to pay a particular
attention to the right to development and that civil and political rights cannot be
dissociated from economic, social and cultural rights in their conception as well as
universality and that the satisfaction of economic, social and cultural rights is a guarantee
for the enjoyment of civil and political rights;

Conscious of their duty to achieve the total liberation of Africa, the peoples of which are
still struggling for their dignity and genuine independence, and undertaking to eliminate
colonialism, neo-colonialism, apartheid, Zionism and to dismantle aggressive foreign
military bases and all forms of discrimination, particularly those based on race, ethnic
group, color, sex, language, religion or political opinions;

Reaffirming their adherence to the principles of human and peoples’ rights and freedoms
contained in the declarations, conventions and other instrument adopted by the
Organization of African Unity, the Movement of Non-Aligned Countries and the United
Nations;

Firmly convinced of their duty to promote and protect human and people’ rights and
freedoms taking into account the importance traditionally attached to these rights and
freedoms in Africa

VICARIOUS LIABILITIES OF MASTER FOR SERVANT

Let me explain this topic by giving a common example: Mr. John is the owner of a private car which is been driven by James, his driver. On the way to pick Mr. John at the office, James hits another car, damaging it, or hits a pedestrian on the way who sustains grievous injuries or death. In this instance, Mr. John would be held liable for the acts of his driver, because he is the employer. If the victim is to sue for damages, he will have to sue Mr. John for the damage caused by James.

From the above example, you will discover that the general meaning of vicarious liability is that a master will be held primarily liable for the wrongful acts of his servant. Master here means employer while servant also means employee, as we shall see below.
However, there are basic principles guiding the application of this rule. And a victim is advised to clearly take note of these principles before suing for vicarious liability. These principles are that: one, the wrongful act must have been carried out by someone who is a servant of the defendant, and, two, that it must have been carried out in the ordinary course of his employment. Let me now take them one by one.
In rounding up, let me list common instances of vicarious liability in our day-to-day lives, as follows:

1. Communication Outfits/Their Staff: where for instance, the staff of a GSM company unlawfully blocks/sells/transfers a customer’s line without any justification or reveals a customer’s call details to another person without authorization or lawful justification, the customer may sue the company for the vicarious liability of the servant.

2. News Media/Reporters: where a reporter publishes a defamatory statement against another person, or a radio/TV station broadcasts falsehood against another, then the media house will be vicariously liable for the defamation of character once it is shown that the publication was done in the course of the master’s business.

3. Banks/Their Staff: for all fraud and illegalities perpetrated by staff members in the course of their employment. This includes unlawfully dishonoring a customer’s cheque or disclosing a customer’s account status to third parties without lawful authority, or fraudulently converting a customer’s deposits.

4. Hospitals and doctors, nurses, consultants, and every other worker in the employment of the hospital.
5. Car owners and their drivers.
6. Companies and their employees.
7. Private employers and their employees.

[center]REMEDIES IN PRODUCT LIABILITY CLAIMS[/center]

1) In product liability claims, the victim is entitled to general damages for the bodily injury caused him, such as pain or illness. He is also entitled to claim for psychological injury like agony, shock or discomfort. In deserving cases, damages may be awarded on purely economic grounds, e.g., loss of income, loss or damage to property.

2) Where the victim was hospitalized or incapacitated for a period of time, he is entitled to claim for loss of business or expectation of profit, that is, the profit or money he would have earned during those days of hospitalization or recuperation.

3) Where death results from the defective product use, the defendants of the victim may claim for the loss of life. If there was no death, the victim is entitled to claim general damages for loss of life expectancy. This is to claim that the defective product had, in its effect, shortened his life expectancy.

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The victim is entitled to claim special damages to recover the cost of medical expenses and the cost of purchasing the defective product, so long as he has verifiable evidence in this respect. To succeed in this claim, the victim must present documentary or acceptable evidence like the medical bills, receipts or invoices for the purchase of drugs or other related treatment, and the receipt or invoice for the purchase of the defective product in the first place.

PRODUCT LIABILITY

This is a very important topic which I must not omit to discuss.

Let me illustrate with an example: Assuming you bought a new cellphone and charged it for use. On the third day, while making a call with the phone, it suddenly exploded, causing you injuries. Here, the maker of the defective phone will be strictly liable to you under the rule of product liability.

To succeed in your claim, however, you must meet these three conditions:
1. You must prove that there was a defect in the product when it left the defendant. In our example above, this will be easy to prove because this was a new phone which was bought just three days ago. Nothing could have caused the phone to explode except that it was defective from the maker.

2. You must prove that you are a logical and foreseeable user of the product who used it as it was intended.

3. You must prove that you were injured by the use of the product, and that the injury was caused by the product’s defective nature.

Implied in product liability is a manufacturer’s warranty that the product will be safe for use, will not cause harm/injury, and will not be defective.

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THE REMEDIES AVAILABLE FOR NUISANCE

1. General Damages – This is usually the cost awarded the victim who is able to show that the conduct of the defendant constituted nuisance against him and that he suffered from such nuisance. The victim here is at liberty to ask for as much as he desires while the court is equally at liberty to award any amount it thinks will be reasonable to compensate him. The actual amount to be awarded here is dependent on the degree of injury suffered by the victim as a result of the nuisance.

2. Special Damages – This type of award is called special because the victim is required to provide specific evidence of the injury suffered by the nuisance. Let us take our example of the building that became weak and had to be pulled down as a result of vibrations caused by XYZ construction company beside it. The victim here is entitled to ask for special damage for the actual market value of the property that was demolished. He is entitled to ask for the refund of the amount he spent in demolishing the property as well as any expenses he incurred because of the nuisance. But the only way he can get this award is for him to provide documentary and other solid evidence of the actual amount being asked for. He must specifically back his claim up with receipts, invoices, and other acknowledgements of expenditure before his claim under special damages can be sustained.

3. Aggravated Damages: This is the damage awarded a victim who claims that his injury was aggravated by the manner in which the nuisance occurred. In the example of the school proprietor and the music store, the victim may ask for aggravated damage because his injury was aggravated by the malice or arrogance by which the defendant carried out the nuisance.

4. Injunction: A victim of continuous nuisance is entitled to ask the court for an order of injunction to stop the defendant from the repetition of the wrong. The injunction may be permanent or temporary, depending upon the circumstances of each case.

5. Removal: A victim of nuisance is also entitled to ask the court to compel the defendant to remove the nuisance. For instance, where Mr. A unlawfully blocks the access route to Mr. B’s house with a fence, the victim may ask the court for an order to compel Mr. A to remove the fence.
Please note that the victim is entitled to combine any or all of the above prayers in his suit before the court, depending upon the circumstances of his case. This means that a victim may ask for special, aggravated, and general damages against the defendant as well as an order compelling him to remove the nuisance and also restraining him from further nuisance.

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#remedies available for nuisance

Nuisance is anything that annoys or disturbs the free use of one’s property or that renders its ordinary use or physical occupation uncomfortable

TYPES OF NUISANCE
There are two types of nuisance:
1. public nuisance
2. private nuisance.

1. PUBLIC NUISANCE
In order to constitute a public nuisance, it is not necessary that it affects the whole community. Therefore, a public nuisance involves an unreasonable interference with a right common to the general public[xiv]. It is to be noted that a public nuisance can constitute either a crime or may be the subject of a civil action by public officials or private individuals.

2. PRIVATE NUISANCE.
Whereas, a private nuisance is a nuisance that affects an individual or a definite number of persons in the enjoyment of some private right which is not common to the general public[xv]. It is to be noted that the origin of private nuisance liability is purely tortious in character and the tort is developed to protect the use and enjoyment of land against non-trespass interference.

Night Vigils In Residential Apartments
This is another sour point that has caused so much misunderstanding amongst occupants of premises.
A typical situation is when Mr. A, alone or with others, decides to engage in night vigils in his apartment, normally from 12 midnight till daybreak. These vigils are usually accompanied with loud prayers, shouting, singing and atimes beating of drums and tambourines. In some instances too, the worshippers engage in dancing, clapping and jumping which sends vibrations through the building, especially where it is a storey building. In most, if not all cases, these night vigils prevent others from enjoying a sound sleep.

Truly, the Nigerian Constitution guarantees every citizen the fundamental right of freedom of religion, and gives every citizen the right to practice his or her religion in any way she chooses. (Please read my other book, “Know Your Fundamental Human Rights Under Nigerian Constitution” for a detailed discussion on all your fundamental rights). But to every right is attached an obligation! You are under a legal obligation not to infringe on the rights of others in the exercise of yours. Note that under the law, the other man’s rights begin where yours end.

So, it is wrongful for you to disturb another man’s sleep in the name of exercising your right to freedom of worship. Your neighbor is entitled to a sound sleep just as you are entitled to practice your religion. It is, therefore, clearly nuisance where you engage in such practices to the discomfort and complaints of your neighbor. He is entitled to sue you for nuisance and obtain an injunction from the court to stop you from such further noisy prayer sessions.

MEANING OF NUISANCE

It is common in local parlance to hear something like, “he has constituted himself into nuisance”. Nuisance here is taken to mean an act which is an irritation or annoyance to other people. In law, this definition is similar, but goes further to mean an interference with the rights of others through conducts which amounts to annoyance or irritation.

Nuisance is not actionable per se. This means that the victim of nuisance must establish by evidence that he suffered damage or an injury as a result of the act of nuisance committed by the defendant. The defendant will not be held liable for nuisance if the victim cannot proffer evidence of damage or an injury.

There are two types of nuisance: public nuisance and private nuisance. I shall deal with each of them briefly in this discussion.

Use Of Generators
I must touch on this issue because it is an issue which has generated so much bad blood between neighbors, co-tenants and occupiers of adjourning premises.

In view of our abnormal circumstances where light is not available when needed, majority of people, especially in the towns and cities have resorted to the use of generators for power. The situation has virtually turned every citizen into an independent power producer (IPP). In many houses, the number of generators have doubled the number of occupants, as some people possess two or more generators to take care of their power needs. The number of occupants in many habitations can easily be determined by the number of generators. The situation is worse in tenement buildings with quite a number of rooms, some as many as 20 or 30. And you could find an average number of about 15 generators in such a house, depending on the population. This has not left out the industrial and manufacturing companies as everybody rely on power for their daily activities.

The manner of use and types of generators are, therefore, as varied as the idiosyncrasies of the users. There are some users who only require the generators to provide light for a few hours before switching it off. Others would normally switch off their generators before midnight when they are ready to sleep. There are others too who prefer to leave the generators working till daybreak.

The cacophony of noise generated by these generators can better be imagined. It is a bit fair for those living in flats, who can afford to put their generators on the balcony and shut out the noise. But it is terrible where you have 10 to 20 generators working at the same time in a tenement building and all the generators are installed at the back of the windows.

There have been many complaints and acrimonies as a result of generator use. I have witnessed situations where co-tenants, even those living in flats have taken up their neighbors in fight that the noise from the generator is preventing them from enjoying sound sleep. This has also created so much argument on the rights of each occupant of the house to the use of generators.

No doubt, every occupant of a premises is entitled in law to the use of generator for his/her convenience. But the generator must be used in such a way that it does not interfere with another man’s right to peaceful enjoyment of his premises. It is clearly wrong for me to leave my backyard or balcony and then put my generator in the backyard or balcony of my neighbor where the noise will disturb him. It is nuisance for me to place my generator in such a way that the fumes from the exhaust are directed at my neighbor such that he is disturbed by it. It is nuisance for me to block my neighbor’s access route by the way I install my generator. It is actionable against me if my generator spills oil which flows to my neighbor’s premises. It is nuisance if my generator is positioned in such a way that the smoke blackens or stains my neighbor’s premises.

I want you to please take particular note of our peculiar situation before suing for nuisance. The bottom line is to determine if the defendant’s use of his generator is reasonable in the circumstances. The question to ask yourself before you take a legal action is, how will an average, reasonable man react to the way the defendant uses his generator?

Right Not To Make Statement Until You See Your Lawyer

Section 35 subsection 2 of the 1999 Constitution (as amended) states as follows:

“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice”.

This constitutional provision has been quoted verbatim so you can be sure it is not fiction. It is a constitutional guarantee that you have a right not to answer any question or make any statement until you see your lawyer or any other person you wish to see. Do not let the Police or other security agency intimidate or harass you. If you believe answering any question or making a statement before you see your lawyer can incriminate you, then don’t do it. Insist that you want to remain silent until you make your consultations.

This provision has been further enlarged by the Lagos State ACJL 2011 which provides in Section 3 as follows:

The Police Officer or the person making the arrest or the Police Officer in charge of a police station or any Law Enforcement Agency, shall inform the person arrested of his rights to:
a. Remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice;
b. Consult a counsel of his choice before making or writing any statement or answering any question put to him after arrest.

The ACJA 2015 has an almost verbatim provision in Section (6)2, and this is the law that applies throughout Nigeria. So, be informed that it is your right.

The basic remedy for a victim of negligence is to ask for damages in respect of the injury or damage he suffered. He may claim general damages of any amount though, the court is at liberty to award the amount that will adequately compensate him.

He may also claim special damages which may include the cost of treating his injuries or the amount spent in repairing/reconstructing his property. Where he claims special damage, he is under a legal obligation to provide documentary or solid evidence before the court may award him his claims. If he claimed to have spent N10,000 on medical treatment, he must be able to provide documentary evidence in the form of medical bills for the full amount before the court will grant this award. If he claims repairs, he must be able to provide receipts or invoices of the materials used or the amount paid to the workers to buttress his claim.

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In general parlance, negligence means a careless or inadvertent act or omission by a person which puts the other person at risk. This is more or less the same definition of negligence under the law. The defendant here may not have acted with any intention to harm others, but must have failed to act or acted in such careless manner that resulted in injury to others. Negligence is, therefore, the omission to do something which a reasonable man in those circumstances would do, or doing something which a reasonable man in that same situation will not do.
Under the law, however, in cases of negligence, some conditions must be established. These are, one, that the defendant owed the victim a duty of care; second, that he has breached this duty of care, and third that the victim has suffered some injuries as a result of this breach.

Let me, list a few instances of negligence which are common in our daily lives:

1) In Road Use: e.g., failing to observe traffic regulations, failing to obey traffic lights, excessive speeding, failing to put vehicle in good shape through proper maintenance. As a fact, where the owner or his driver is driving a vehicle, the fact that the tyre bursts on motion is considered evidence on which, in the absence of satisfactory explanation, negligence on the part of the owner can be founded. There is also brake failure as another example of negligence. Damage to buildings or properties of others. Failing to display the “Caution” sign in the event of vehicle breakdown in daylight or warning lights at night. Any of these situations will entitle a victim who suffered injuries to sue for negligence.

2) Falling into trench or hole dug or left uncovered by the defendant. It is common in our cities to find big holes and trenches dug by construction companies, etc, in the course of construction or of laying pipes and cables. Most of these companies dig up holes on the expressway and fail/neglect to fill it up. This causes accidents to road users. Atimes too, people fall into these holes or trenches, sustaining grievous injuries therefrom. This is negligence.

3) Medical negligence: A patient who suspects his doctor of negligence in the course of his duties is entitled to sue such for any injury suffered. A popular case was that of a doctor who forgot his surgical equipments in the bowels of his patient after a surgery. The equipments became corrosive and resulted in internal injuries to the patient who then sued for the negligence. Atimes too, some doctors prescribe the wrong drugs for their patients which tend to worsen the medical conditions of that patient. Such a patient is entitled to sue for negligence.

4) Particles and foreign materials in bottled drinks: This is also a common occurrence which results in situations where foreign particles like dirt, dead insects, human hair, nails and other substances are found in bottled drinks or canned food. As I stated earlier, the manufacturers of these items owe their consumers a duty of care to ensure that what they produce is fit for human consumption. Any breach of this duty entitles the victim who has suffered injuries therefrom to sue the manufacturers or producers.

5) Defective equipments: There are instances when an equipment is defective from the manufacturer. For instance, if you buy a new tyre for your car which bursts on the first day of use, causing you injuries, you are entitled to sue the manufacturer for negligence because he owes you a duty of care to ensure that what he sold to you does not cause you injury or damages.

6) Occupier of premises: Owes a duty of care to his neighbors, especially the occupiers of adjourning land or highway to ensure that no harm comes to them as a result of his negligent conduct. For instance, the occupier of premises being used for manufacturing purposes is under a duty of care to his neighbors to ensure that poisonous gases or emissions do not injure others. The owner of premises will be liable for negligence if a tree falls from his premises into an adjourning premises because of his negligence and consequently injures someone or damages the property of another. The occupier of premises equally owes a duty of care to innocent visitors to his premises to ensure that they are reasonably safe while on his land. This duty of care includes covering every well, trench or hole or placing such precautions thereon to warn visitors about their existence. Here, the occupier is also expected to know that children will be less careful than adults and, therefore, take all appropriate steps to ensure that both children and adult visitors are safe while on his property.

7) PHCN pole or cables falling on victims or properties causing bodily injury or death from electrocution or damage to properties. A victim of any of these is entitled to sue the PHCN authorities for negligence for any injury suffered.

Animals breaking loose. The owner or handler of an animal, e.g., dog or cow is under obligation to others to ensure that the animals are properly handled and not left loose or unrestrained. The owner of a dog in his premises has a duty of care to warn visitors of the presence of the dog, and ensure that the dog is properly restrained from causing injuries to innocent visitors. Any breach of these duties entitles the victim to sue for negligence.

9) Railway crossings. This too is a common occurrence where authorities in charge of railways neglect to warn motorists and others of oncoming trains. In many cases, the iron barricades may have broken down and there are no warnings to alert other road users of the approach of a train. A victim who sustains injury or damage to his property is entitled to sue for negligence, in the absence of any other evidence.

10) Employer/Employee: In law, an employer owes his employee a duty of care, e.g., to provide a safe working environment, to provide safe working equipment and to also provide a safe system of work. Where any of this duty is breached, the employee is entitled to sue his employer for negligence.

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Imagine the next time you’re flying. You arrive at the gate. There’s a big mob. It’s going to be a crowded flight.

A gate attendant announces that your flight is overbooked out and asks for volunteers. The airline needs a passenger to give up her seat — and, as a lure, offers up a $300 travel voucher.

That’s not what happened on the now-infamous United (UAL) flight. A passenger was dragged off the plane in Chicago by authorities when he refused to give up his seat, which the airline needed to fly one of its own staff to another city. United is now investigating how it handles overbooking situations and interacts with local law enforcement.

The United incident was an outlier. But it’s standard practice for airlines to overbook flights in anticipation of no-show passengers. There are also scenarios in which the plane may be too heavy, an air marshal needs to board or flight staff have to get to work. Long story short: If a carrier needs seats, it may have its eye on yours.

As a flier, here’s what you should know.

1. You may get less if you throw up your hand
The Department of Transportation requires that airlines ask for volunteers to switch flights before they kick anyone off.
But negotiations are entirely between you and the carrier. Airlines dictate what the compensation looks like, but it’s usually a travel voucher toward a future flight or a gift card.

That may be totally fine. If you’re cool with going to a different gate, getting to your final destination a little late and banking a flight credit, feel free to volunteer. You should know, though, that you aren’t entitled to call up an airline and ask for more once you say yes to a deal.

And if you’re kicked off involuntarily, you’re entitled to cash (see below).
One quick addendum: If you get a voucher, the DOT recommends reading the fine print. You should inquire into how long the ticket voucher is good for, whether you can use it over the holidays and if it’s good for international trips.

2. If you’re booted against your will, federal rules kick in
When airlines don’t get enough volunteers and must involuntarily bump passengers, there are rules they need to follow.

Carriers must deliver fliers to their final destination within one hour of their originally scheduled flight — or they have to start forking over money.

If fliers get to their final stop one to two hours late (or one to four hours late if they’re flying internationally), airlines are required to pay double the original one-way fare, with a $675 limit. If fliers get in more than two hours late (or four internationally), airlines have to pay 400% of the one-way fare, with a $1,350 limit.

Passengers have the right to insist on a check instead of a free flight or a voucher when they’re involuntarily kicked off a flight, according to the DOT. And they always get to keep their original ticket, which retains its value.

Flying an airline that says it doesn’t oversell? You still may want to be careful.
JetBlue Airways advertises that it does not overbook flights, but the airline still reserves the right in its contract.

3. Airline status can help (sometimes)
Airlines set their own policies when it comes to the order in which passengers are bumped. The terms are also sketched out in those pesky contracts of carriage.

On United flights, people with disabilities and unaccompanied minors should be the last to be kicked off, according to the company’s contract.

American Airlines says it denies boarding based on order of check-in, but will also weigh “severe hardships,” ticket cost and status within the carrier’s loyalty program.

Delta Air Lines also considers check-in order and loyalty status and looks at if a passenger is slated to fly first or business class. The carrier also says it makes exceptions for people with disabilities, unaccompanied minors and members of the military.

4. Want more money? Don’t cash the check
The DOT warns fliers that their bargaining power is the greatest before they cash in their reward for being involuntarily bumped — whether it’s a voucher or a check.

“Once you cash the check (or accept the free flight), you will probably lose the ability to pursue more money from the airline later on,” the DOT says on its website.

If you the cost of being bumped exceeds what you were paid at the airport, you can always try to negotiate a higher settlement via the airline’s complaint department, the agency says. And if that doesn’t work, you can sue.

“You are always free to decline the check (e.g., not cash it) and take the airline to court to try to obtain more compensation,” according to the DOT.

CNNMoney (New York)
First published April 11, 2017: 3:40 PM ET
http://money.cnn.com/2017/04/11/news/united-passenger-flight-rights/index.html

*EMERGENCY HELP LINE*

Have you ever been in a pressing situation and you didn’t know who to call? Have
you ever needed help but you didn’t have the right numbers to dial? That is about
to change as we have curated helplines you can call during emergencies.
Please ONLY call these lines when you need help. Share to save a life.

1. Police Emergency Phone Numbers – 01-4931260, 01-4978899.

2. Rapid Response Squad (RRS) – 070-55350249, 070-35068242, 080-79279349

3. Rape helpline – 080072732255

4. Depression/Suicide prevention initiative – 08062106493, 08092106493,
09080217555, 09034400009, 08111909909, 07013811143.

5. Nigerian Army Human Rights – If you’re harassed by Army officials, call
08160134303 or 08161507644

6. Inspector General of Police (IGP) – 0805966666 (SMS only)

7. State Security Service (SSS) – 08132222105–9

8. Federal Road Safety Corps (FRSC) – 122 or 07002255372

9. Lagos Emergency Service – 767 or 112 , (This covers Police, Ambulance Service,
and Traffic Service)

10. Lagos State Traffic Management Authority (LASTMA) – 08075005411,
0802311742, 08023909364 (Emergency Numbers) 08029228271 (GM) ;
08023386921(Provost)

11. FRSC Zonal Office ( Lagos State) – 08033706639, 01-7742771

12. Fire Help Lines (Lagos State) – 01-7944929, 080-33235892, 080-33235890

13. Child Abuse hotline (Lagos) – 08085753932, 08102678442.

14. Domestic Violence (Lagos) – 08057542266, 08102678443.

15. Child Domestic Violence – 08107572829, 08131643208.

16. Violation of Girls and Women helpline – 0800072732255.

What is trespass to property in civil actions?

This is the unauthorized, intentional or negligent interference or handling of a property belonging to another, most often with the malicious intention to damage it.

Trespass to property can occur in a number of ways. This includes by taking the property away from the victim, e.g., as in seizure of the property by the defendant without lawful justification, or merely by taking it away from where you put it and taking it to another place even without the intention of dispossessing you of it. For instance, if I park my car in a premises, and Mr. John comes and removes my car to another place without any lawful justification, it amounts to trespass. It does not even matter that my car was not damaged in the course of the removal.

Trespass can occur through contact with the property by a human body or by another property which causes damage. For instance, if I intentionally hit your chair or table with my car without lawful cause and damage it in the process, I have trespassed against your property with my own property. If I sit on your chair and intentionally cause it to damage, I have trespassed against your property. But note that your property does not have to have been damaged before you can make your claim. The mere fact that I touched your property with my body or my property makes me liable for trespass to your property.

Trespass to property can also occur merely by touching a property which could be affected by such a touch. If, for example, Mr. A touches an artwork belonging to Mr. B and such artwork is damaged by that touch, it becomes trespass. If I intentionally touch a wall which you have just painted and thereby caused damage to it, I have trespassed against your property.

Please note as I stated before that trespass to property would occur even if there were no damage to such property. Just like in false imprisonment and some other civil wrongs, the victim does not have to prove any physical damage to his property before he can claim for trespass. Of course, the fact that the property was damaged would only increase the amount of damages the victim is entitled to. So, in the first example above, I can sue for damages for removing my car where I parked it even if there was no physical damage to my car. In the same vein, I can sue you for touching my artwork without lawful justification, even if there was no damage to it.

In order to sustain the claim for trespass to property, the victim must, however, be able to show that the trespass was the direct act of the defendant. For instance, if Mr. A cuts trees on the farm or land belonging to Mr. B, there is trespass. If John beats a dog or cat belonging to Jane without lawful cause, it becomes trespass to Jane’s property. It does not matter that Mr. A cut the trees believing that it was his own farm, or that John beat Jane’s pet under the mistaken belief that it was his own.

What is trespass to property in civil actions?

This is the unauthorized, intentional or negligent interference or handling of a property belonging to another, most often with the malicious intention to damage it.

Trespass to property can occur in a number of ways. This includes by taking the property away from the victim, e.g., as in seizure of the property by the defendant without lawful justification, or merely by taking it away from where you put it and taking it to another place even without the intention of dispossessing you of it. For instance, if I park my car in a premises, and Mr. John comes and removes my car to another place without any lawful justification, it amounts to trespass. It does not even matter that my car was not damaged in the course of the removal.

Trespass can occur through contact with the property by a human body or by another property which causes damage. For instance, if I intentionally hit your chair or table with my car without lawful cause and damage it in the process, I have trespassed against your property with my own property. If I sit on your chair and intentionally cause it to damage, I have trespassed against your property. But note that your property does not have to have been damaged before you can make your claim. The mere fact that I touched your property with my body or my property makes me liable for trespass to your property.

Trespass to property can also occur merely by touching a property which could be affected by such a touch. If, for example, Mr. A touches an artwork belonging to Mr. B and such artwork is damaged by that touch, it becomes trespass. If I intentionally touch a wall which you have just painted and thereby caused damage to it, I have trespassed against your property.

Please note as I stated before that trespass to property would occur even if there were no damage to such property. Just like in false imprisonment and some other civil wrongs, the victim does not have to prove any physical damage to his property before he can claim for trespass. Of course, the fact that the property was damaged would only increase the amount of damages the victim is entitled to. So, in the first example above, I can sue for damages for removing my car where I parked it even if there was no physical damage to my car. In the same vein, I can sue you for touching my artwork without lawful justification, even if there was no damage to it.

In order to sustain the claim for trespass to property, the victim must, however, be able to show that the trespass was the direct act of the defendant. For instance, if Mr. A cuts trees on the farm or land belonging to Mr. B, there is trespass. If John beats a dog or cat belonging to Jane without lawful cause, it becomes trespass to Jane’s property. It does not matter that Mr. A cut the trees believing that it was his own farm, or that John beat Jane’s pet under the mistaken belief that it was his own.

TENANTS’ RIGHTS

Beware of fake estate agents and dupes. Ask questions. As many as you can.
Watch out for the indicators on how to identify a fake estate agent.
Remember the 15 Cardinal Points Of Inspection.
Be sure to inspect the apartment carefully and thoroughly before you pay. It is your right.
Aside from the information fed you by the agent or landlord, conduct your own independent investigations.
Settle all issues regarding repairs or renovations before you pay.
Always remember the Golden Rule: DO NOT BE RUSHED!

NOTE THAT:

1) Your rent receipt is the basis of your rights as a tenant. Always demand for it.

2) Ensure your receipts are duly signed, dated as per the date of payment and reflect amount paid as rent.

3) It is now a criminal offence in Lagos State for a landlord not to issue a rent receipt.

4) You are entitled to a copy of the tenancy agreement.

5) Take note of the restrictive covenants (conditions) in your tenancy agreement, and especially, how many months’ quit notice you are entitled to.

6) Ask questions on any aspect of the tenancy agreement you do not understand.

7) Your landlord cannot increase your rent yearly or arbitrarily, or in the middle of a term you had already paid for.

You are entitled to negotiate any rent increment with your landlord.

9) You are entitled to approach the court if you believe the rent increment is unreasonable.

10) You cannot pay more than 1 year’s rent in advance as a new tenant in Lagos State.

11) In Lagos State, an old monthly tenant cannot pay more than 6 month’s rent in advance, while an old yearly tenant cannot pay more than 1 year’s rent in advance.

12) Do not hesitate to always consult your lawyer for clarifications on any point you are not clear about.

lanaVello:

Good. It'd be nice if most of these states get the law down over there as well

TRUE

How To Inspect A developed Property For Purhase – The Cardinal Principles;

When you intend to buy a developed property, please take particular note of the following points in the course of inspection:

1. Structure: check the structure if its sill solid.

2. Roof: Is it made of aluminum long span or corrugated iron sheets? Is the roof leaking? The easiest way to detect this is if there are brown patches on the ceiling/ or asbestos board. This point is also very important if you do not want to start changing the roof too soon.

3. Tenants: Are there tenants in the property? Are they aware the property is being sold?

4. Amenities: Does the house have good toilets, bathrooms, and kitchens? Are the rooms spacious enough? If a block of flats, does it have basic amenities? Are the spaces enough to accommodate your belongings? Check the balcony and verandas? If a tenement building, check how many tenants share a kitchen and toilet.

5. Ventilation: Does the house and the apartments have good ventilation for fresh air? Check out the space between the building and the fence wall or the next building, is it sufficient?

6. Water Supply: The importance of water in daily living cannot be over-emphasized. Does the building or apartment have running water? Is water supply from the main source, borehole or well?

7. Environment: Is it a waterlogged area where you will not be able to enter whenever it rains, or where you will need a canoe/boat to get you to your house during rainy seasons? Is the area easily accessible? How many access roads lead to the area? A very important point of note is when inspecting during the rainy season.

8. Electricity And Water Bills: Is the building connected to the national grid? Is there power supply to the building presently?

9. Plumbing/Wood/Electrical Works: Check to be sure there are no blocked or broken pipes or leakages on the toilet or water pipes. Check the doors, windows, keys and hinges.

10. Parking Space: Check if there are enough parking spaces in the premises. If the parking space is not enough, confirm how safe it is to park outside.

11. Tombs, Shrines, etc: There are instances when the property you intend buying may contain the tombs of some deceased owners or relations or the shrine of a family deity. This should not discourage you if you are interested in the property. All you need do is to confirm from the seller what he intends doing about the tomb/shrine.

12. The Neighborhood: It is a common phenomenon in the big cities of Nigeria to find street gates/barricades on virtually every street. These are for security purposes. Most of these street gates have their opening and closing times written on them. Check to be sure that the time is convenient for you.

13. The neighborhood question is also important where, for instance, you intend to use the property for commercial purpose, e.g., warehouse or hotel. Would such a venture be suitable in that neighborhood? Would your customers have easy access, free from harassments or intimidation by neighbors? Would your neighbors tolerate such a venture?
14. Neighbors: Check out who your prospective immediate neighbors are. If you find them at home at the time of inspection, try getting personal with them to know the kind of persons they are.

15. Security: This is equally a very important point to note especially where you intend to personally occupy the property. Some areas are more susceptible to burglary/theft/robbery attacks than others, especially the secluded areas or an area just developing. Ask what security measures are in place.

16. Is the building itself adequately protected? What type of entrance doors are fitted, wooden or iron? Are the entrance doors strong enough? Are there burglary-proofs on the windows? Are there fire escapes/alternative doors/routes in cases of emergencies?

*CITIZEN COMPLAINTS HOT LINES*[b][/b]

Report any suspected criminal actievity and illegal operation of any Security Agents to any of the contacts below, as given by the Commissioner of Police, Lagos State, Mr Ihihimi Oluwole Edgal.

1. 08067945296
2. 08063025274
3. 08063104759
4. 08113615350
5. 08113683077
6. 08096283148
7.,08096283173
8. 08089781657
9. 08126404930
10. 08081426895

The lines are working 24 hours a day and you can communicate through Yoruba, Hausa, Igbo or English language.