I will spare you the details of the whole situation except you need any thing further detail, then I will explain. My girlfriend was arrested 2days ago in a homicide case( someone was stabbed with bottle). The case against her is not killing anyone but knowing the copirit.
The issue is the law says if you don't charge someone to court in 48 hours you release them on bail. Yesterday made it 48 hours and she is still behind the counter.
The Police are saying this law does not apply to homicide case. But my argument is she is not having manslaughter or murder in her charges.
My question is can we go to the court to grant her bail and what else do we do to make sure she gets bail. Note we can't afford a very good lawyer so I am assisting the lawyer.

File for the Enforcement of her fundamental human Rights. It doesn't come cheap though. Good luck

FirstCounsel:
File for the Enforcement of her fundamental human Rights. It doesn't come cheap though. Good luck

Like how much are we talking

bro this is Nigeria you are talking about.... anything is possible.

https://www.nairaland.com/5892317/missing-declared-dead-later-found

File a Fundamental rights action for unlawful detention.

itswell2019:
I will spare you the details of the whole situation except you need any thing further detail, then I will explain. My girlfriend was arrested 2days ago in a homicide case( someone was stabbed with bottle). The case against her is not killing anyone but knowing the copirit.
The issue is the law says if you don't charge someone to court in 48 hours you release them on bail. Yesterday made it 48 hours and she is still behind the counter.
The Police are saying this law does not apply to homicide case. But my argument is she is not having manslaughter or murder in her charges.
My question is can we go to the court to grant her bail and what else do we do to make sure she gets bail. Note we can't afford a very good lawyer so I am assisting the lawyer.

cc: Litigator,

Kindly advise the Op on how to proceed....

uboma:



cc: Litigator,

Kindly advise the Op on how to proceed....

@itswell2029

If I understand you correctly, the only reason your sister is being detained by the police is that she knows the suspect and nothing more.

May I ask, what kind of relationship does she have the suspect?

Did she in anyway conspire with the suspect or participated as an accessory to the crime, either before the fact or after the fact?

If yes, the police is well within their right to detain her.

But if they are simply detaining her because she knows the suspect without more, then they have infringed on her fundamental right. She can approach the court to enforce her right for abatement and from further infringement.

Depending on the jurisdiction(state), she can also approach the court with a writ of Habeas Corpus.

Habeas Corpus is a procedure requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

You can apply both if need be. Nothing is stopping you.

I appeared in a case wherein the only crime my clients committed was standing as sureties for an employee who in the course of his employment stole from his place of work. My clients were detained for 3 months until we took over the matter. They were released immediately save for the alleged thief.

My point in the preceding paragraph is to the effect that there is no vicarious liability in criminal law. If there is, it does not apply to our Criminal jurisprudence as far as Nigeria is concerned.

Get a sound criminal defence attorney who knows precisely how to apply the above-mentioned procedures.

I wish you all the best.

Shalom.

N.B: Please revert should you need further elucidation.

Cc. Uboma

Thank you @ Litigator for coming to the rescue.

litigator:


@itswell2029

If I understand you correctly, the only reason your sister is being detained by the police is that she knows the suspect and nothing more.

May I ask, what kind of relationship does she have the suspect?

Did she in anyway conspire with the suspect or participated as an accessory to the crime, either before the fact or after the fact?

If yes, the police is well within their right to detain her.

But if they are simply detaining her because she knows the suspect without more, then they have infringed on her fundamental right. She can approach the court to enforce her right for abatement and from further infringement.

Depending on the jurisdiction(state), she can also approach the court with a writ of Habeas Corpus.

Habeas Corpus is a procedure requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

You can apply both if need be. Nothing is stopping you.

I appeared in a case wherein the only crime my clients committed was standing as sureties for an employee who in the course of his employment stole from his place of work. My clients were detained for 3 months until we took over the matter. They were released immediately save for the alleged thief.

My point in the preceding paragraph is to the effect that there is no vicarious liability in criminal law. If there is, it does not apply to our Criminal jurisprudence as far as Nigeria is concerned.

Get a sound criminal defence attorney who knows precisely how to apply the above-mentioned procedures.

I wish you all the best.

Shalom.

N.B: Please revert should you need further elucidation.

Cc. Uboma

The man was killed in an open confrontation with another man. Which was in an open scene of which she was not present but with multiple witnesses. However the killer is her neighbor, who had eaten spaghetti with other boys in front of her house cooked by her, this was some hours before the person killed. My girlfriend dated the diseased for two months in 2018. But they are now just friends in the neighborhood. And the argument was not about my girlfriend. The Police is not blaming her for the killing him as it was done in the open.

itswell2019:

The man was killed in an open confrontation with another man. Which was in an open scene of which she was not present but with multiple witnesses. However the killer is her neighbor, who had eaten spaghetti with other boys in front of her house cooked by her, this was some hours before the person killed. My girlfriend dated the diseased for two months in 2018. But they are now just friends in the neighborhood. And the argument was not about my girlfriend. The Police is not blaming her for the killing him as it was done in the open.

Which state are you? Let's see if I can get someone to help you.

itswell2019:

The man was killed in an open confrontation with another man. Which was in an open scene of which she was not present but with multiple witnesses. However the killer is her neighbor, who had eaten spaghetti with other boys in front of her house cooked by her, this was some hours before the person killed. My girlfriend dated the diseased for two months in 2018. But they are now just friends in the neighborhood. And the argument was not about my girlfriend. The Police is not blaming her for the killing him as it was done in the open.

The words in bold does not add up.

Your GF dated the deceased in 2018. How can they now be just friends when he is supposed to be late?

[s]

uboma:



The words in bold does not add up.

Your GF dated the deceased in 2018. How can they now be just friends when he is supposed to be late?

[/s]
With an IQ like yours you won't understand simple things so save your breath

ObaOfUyo:
[s][/s]
With an IQ like yours you won't understand simple things so save your breath

Please do well to explain that part in bold....

uboma:



Please do well to explain that part in bold....

His Girlfriend used to date the dead guy far back as 2018. The relationship crashed but they have remained friends ever since.
English hard you?!?

ObaOfUyo:

His Girlfriend used to date the dead guy far back as 2018. The relationship crashed but they have remained friends ever since.
English hard you?!?

You are the one having problems with the English language.

Which school did you attend please? No pun intended!

uboma:



The words in bold does not add up.

Your GF dated the deceased in 2018. How can they now be just friends when he is supposed to be late?

He died 4 days ago from stab wounds for which my girlfriend is been herd

itswell2019:

He died 4 days ago from stab wounds for which my girlfriend is been herd

You 'used' to be friends......

Now I get the clarification. Your other post was somewhat confusing.

Please guys no fighting please I am really at a cross road. I need all the advice, I can get. I will answer every questions you ask.thanks

uboma:



Please do well to explain that part in bold....

Please don't join issues with persons whose self esteem is so low they are quick to resort to use of vulgar language.

If they can't hold matured conversation and educate the ignorance of another without the use of abusive words, they are not fit for purpose.

Just an advicement cos I hold you in high regards.

Shalom

litigator:


Please don't join issues with persons whose self esteem is so low they are quick to resort to use of vulgar language.

If they can't hold matured conversation and educate the ignorance of another without the use of abusive words, they are not fit for purpose.

Just an advicement cos I hold you in high regards.

Shalom

Advice well taken, thank you

I really hope they settle the matter

uboma:



You are the one having problems with the English language.

Which school did you attend please? No pun intended!

OK,
Please show me where I got it wrong

itswell2019:
Please guys no fighting please I am really at a cross road. I need all the advice, I can get. I will answer every questions you ask.thanks

You are yet to respond to the question asked by Litigator. He may know someone close to you who may assist you.

uboma:



You are yet to respond to the question asked by Litigator. He may know someone close to you who may assist you.

I have,he asked what the relationship between my girlfriend and the suspect is and weather she took part in the murder and I have explained both in my previous post you qouted.

itswell2019:

I have,he asked what the relationship between my girlfriend and the suspect is and weather she took part in the murder and I have explained both in my previous post you qouted.

Which state are you in,so that he can get someone to help you.. That was the last question Litigator asked,can't you answer that?

DoubleEngine007:
Which state are you in,so that he can get someone to help you.. That was the last question Litigator asked,can't you answer that?

Sorry did not see that, I stay in Abuja one of the stellite towns

litigator:


@itswell2029

If I understand you correctly, the only reason your sister is being detained by the police is that she knows the suspect and nothing more.

May I ask, what kind of relationship does she have the suspect?

Did she in anyway conspire with the suspect or participated as an accessory to the crime, either before the fact or after the fact?

If yes, the police is well within their right to detain her.

But if they are simply detaining her because she knows the suspect without more, then they have infringed on her fundamental right. She can approach the court to enforce her right for abatement and from further infringement.

Depending on the jurisdiction(state), she can also approach the court with a writ of Habeas Corpus.

Habeas Corpus is a procedure requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

You can apply both if need be. Nothing is stopping you.

I appeared in a case wherein the only crime my clients committed was standing as sureties for an employee who in the course of his employment stole from his place of work. My clients were detained for 3 months until we took over the matter. They were released immediately save for the alleged thief.

My point in the preceding paragraph is to the effect that there is no vicarious liability in criminal law. If there is, it does not apply to our Criminal jurisprudence as far as Nigeria is concerned.

Get a sound criminal defence attorney who knows precisely how to apply the above-mentioned procedures.

I wish you all the best.

Shalom.

N.B: Please revert should you need further elucidation.

Cc. Uboma

@litigator thank you sir for your help so far. I stay in Abuja and that where all the incidences occured.

itswell2019:

@litigator thank you sir for your help so far. I stay in Abuja and that where all the incidences occured.

Send him a PM

itswell2019, privatise the communication with litigator

Sorry I cannot answer your PM. Paste me your WhatsApp number on a dead topic let me connect you to a colleague of mine practising in Abuja. I practice within Lagos and the South-West. She is one of the best hands you can get. I have explained your predicament to her.

itswell2019:

@litigator thank you sir for your help so far. I stay in Abuja and that where all the incidences occurred.

Sorry I cannot answer your PM. Paste me your WhatsApp number on a dead topic let me connect you to a colleague of mine practising in Abuja. I practice within Lagos and the South-West. She is one of the best hands you can get. I have explained your predicament to her.

litigator:



Sorry I cannot answer your PM. Paste me your WhatsApp number on a dead topic let me connect you to a colleague of mine practising in Abuja. I practice within Lagos and the South-West. She is one of the best hands you can get. I have explained your predicament to her.

Alright sir