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Politics › Re: How Asher Kings & Queens Restaurant Was Demolished - Aisha Mercy Yakubu (CEO) by AIIAssociates: 1:34pm On Jan 03, 2021

This is the position of the law - Part 3

Politics › Re: How Asher Kings & Queens Restaurant Was Demolished - Aisha Mercy Yakubu (CEO) by AIIAssociates: 1:33pm On Jan 03, 2021

This is the position of the law - Part 2

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Politics › Re: How Asher Kings & Queens Restaurant Was Demolished - Aisha Mercy Yakubu (CEO) by AIIAssociates: 1:32pm On Jan 03, 2021

lalasticlala:
https://twitter.com/SKefason/status/1345616466381561861?s=19

Wicked people in power. Even if it's true that they wanted to hold a sex party there, is demolishing it hurriedly the best option?

This is the position of the law - Part 1

Politics › Re: How Asher Kings & Queens Restaurant Was Demolished - Aisha Mercy Yakubu (CEO) by AIIAssociates: 10:27am On Jan 03, 2021

AntiChristian:
We still need to hear from both sides. That's what the law does.

Which Kaduna State conveniently forgot before taking action.

Illegal actions by the way.

Exercising powers no Governor has.

Even the President does not have the power to demolish at will

3 Likes

Politics › Re: El-Rufai Demolishes Asher Hotel In Kaduna Over Proposed Sex Party by AIIAssociates: 10:51pm On Jan 01, 2021

Yankee101:
How do other countries handle this?

1. Basically you lose your business license and cannot use the property as a hotel again. But you can apply for other use types, such as residential

If the offense is so egregious

2. You can break down the property if 'building codes' where violated, not 'use type violation'. Or the building is structurally defective, city pulls it down and bills the owner

3. For use type violation, you go to court for a seizure order (maybe drug use, or trafficking or prostitution but definitely not party)

4. You can argue in court that you incurred expenses to stop the violation or the seizure is for the greater good of society. The judge may or may not agree.

But that's the only way you can demolish a structure here, if not the owner will go to court and sue the government to get compensated for the building, loss of business, reputation and emotional damage.

Shared and quoted for easy retrieval.

You are schooled!

1 Like

Politics › Re: El-Rufai Demolishes Asher Hotel In Kaduna Over Proposed Sex Party by AIIAssociates: 10:50pm On Jan 01, 2021

omohayek:
You have it exactly right. All the talk of "morality" is irrelevant here: this is a flagrant violation of property rights by El-Rufai. For a government to simply demolish a private property without even having obtained a court injunction is for it to completely disregard the rule of law, and this would be cause for El-Rufai's impeachment and criminal prosecution even if the hotel had been the site of something as horrible as murder; the heinousness of a crime does not justify bypassing the law and capriciously destroying the place where it might have been said to have occurred.

That anyone should excuse such arrogant lawlessness in the name of "morality" shows just how little comprehension many Nigerians have of how a nation of laws is supposed to operate.

Shared and quoted for easy retrieval.

You are schooled!

Crime › Re: Police Parade Organizers Of Kaduna Sex Party (Photos) by AIIAssociates: 8:08am On Jan 01, 2021

Karemarealty288:
What is their crime.....after all they said party didn't hold and the venue has been demolished... For what exactly?....there is more to this sex party of a thing.

Same question on our minds.

What crime are they being charged with?

Politics › Re: Omoyele Sowore Arrested In Abuja by AIIAssociates: 8:04am On Jan 01, 2021

Everything you need to know about the power of arrest and or the power to arrest in Nigeria

https://www.youtube.com/watch?v=Y90xMqjN0lw

https://www.youtube.com/watch?v=ASOFrb8MJmw

https://www.youtube.com/watch?v=FhwtGp15DnE

https://www.youtube.com/watch?v=yMgZXkXKQaM

One of which discussed his earlier arrest

Politics › Re: El-Rufai Demolishes Asher Hotel In Kaduna Over Proposed Sex Party by AIIAssociates: 11:59pm On Dec 31, 2020

For the uninitiated, this is the position of the law on the above.

Section 44(1) 1999 Constitution of the Federal Republic of Nigeria (as amended) provides as follows:

No movable property or any interest in immovable in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily, in any part of Nigeria except in the manner and for the purpose prescribed by a law that…

The right to freedom from indiscriminate takeover of movable or immovable property except by lawful means is not an absolute right. That it is relative is evidenced by the 16 limitations or exceptions including:

1. where the law prescribes and requires the prompt payment of compensation for the compulsory takeover of movable or immovable property Section 44(1)(a) 1999 Constitution of the Federal Republic of Nigeria (as amended)

2. Where the law prescribes and requires that a person claiming compensation be given a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body with competent jurisdiction Section 44(1)(b) 1999 Constitution of the Federal Republic of Nigeria (as amended)

3. The general laws prescription of the imposition or enforcement of any tax, rate or duty Section 44(2)(a) 1999 Constitution of the Federal Republic of Nigeria (as amended)

4. The general laws prescription of the imposition of penalties or forfeiture for breach of any law, whether under civil process or after conviction for an offence Section 44(2)(b) 1999 Constitution of the Federal Republic of Nigeria (as amended)

5. The general laws prescription of a procedure for discharging obligations relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts Section 44(2)(c) 1999 Constitution of the Federal Republic of Nigeria (as amended)

6. The general laws prescription of a procedure relating to the vesting and administration of the property of: (i) persons adjudged or otherwise declared bankrupt or insolvent (ii) persons of unsound mind or deceased persons (iii) corporate and incorporate bodies in the course of being wound up Section 44(2)(d) 1999 Constitution of the Federal Republic of Nigeria (as amended)

7. The general laws prescription of a procedure relating to the execution of judgment or orders of court Section 44(2)(e) 1999 Constitution of the Federal Republic of Nigeria (as amended)

8. The general laws prescription of a procedure relating to the taking over possession of the property that is (i) in a dangerous state; (ii) injurious to the health of human being, plants or animals Section 44(2)(f) 1999 Constitution of the Federal Republic of Nigeria (as amended)

9. The general laws prescription of a procedure relating to the takeover of enemy property Section 44(2)(g) 1999 Constitution of the Federal Republic of Nigeria (as amended)

10. The general laws prescription of a procedure relating to trusts and trustees Section 44(2)(h) 1999 Constitution of the Federal Republic of Nigeria (as amended)

11. The general laws prescription of a procedure relating to limitation of actions Section 44(2)(i) 1999 Constitution of the Federal Republic of Nigeria (as amended)

12. The general laws prescription of a procedure relating to property vested in bodies corporate directly established by any law in force in Nigeria Section 44(2)(j) 1999 Constitution of the Federal Republic of Nigeria (as amended)

13. The general laws prescription of a procedure relating to the temporary taking over of possession of property for the purpose of any examination, investigation or enquiry Section 44(2)(k) 1999 Constitution of the Federal Republic of Nigeria (as amended)

14. The general laws prescription of a procedure relating to the carrying out of work on land for the purpose of soil conservation Section 44(2)(l) 1999 Constitution of the Federal Republic of Nigeria (as amended)

15. The general laws permission for any authority or person to enter, survey or dig any land, or to lay, install or erect poles, cables, wires, pipes, or other conductors or structures on any land, in order to provide or maintain the supply or distribution of energy, fuel, water, sewage, telecommunications services or other public facilities or public utilities provided that there is prompt payment of compensation for damage to buildings, economic trees or crops Section 44(2)(m) 1999 Constitution of the Federal Republic of Nigeria (as amended)

16. All minerals, mineral oils, natural gas in under or upon any land in Nigeria or in under or upon the territorial waters and the Exclusive Economic Zone of Nigeria are the property of the Nigerian government Section 44(3) 1999 Constitution of the Federal Republic of Nigeria (as amended)

Section 44(1) 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the right to challenge any forcible or forceful acquisition of property that doesn’t fall within the limited exceptions permitted by law.

The right to property is further guaranteed in Article 14 of the African Charter on Human and Peoples Rights [Ratification and Enforcement] Act CAP A9, Laws of the Federation of Nigeria, 2004 which provides as follows:

'The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.'

The right to property is also protected by Article 17(1) Universal Declaration on Human Rights which states as follows:

'Everyone has the right to own property alone as well as in association with others'

That is what the law says.

What did the courts say? How did the courts interpret the above law?

Stay tuned.

Unless the reason for demolishing falls into the 16 classes above, the Kaduna State Government has broken the law.

In other words, unless the reason for demolishing falls into the 16 classes above, the Kaduna State Government acted lawlessly and unlawfully.

If the above is proven in court, damages will automatically follow.

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Politics › Re: El-Rufai Demolishes Asher Hotel In Kaduna Over Proposed Sex Party by AIIAssociates: 7:31pm On Dec 31, 2020

simonlee:
https://www.thecable.ng/kaduna-demolishes-hotel-over-plans-to-hold-sex-party

https://twitter.com/KASUPDA_KDSG/status/1344651825283280897?s=19[/quote]KASUPDA have demolished Asher Hotel in Barnawa Kaduna South. Asher Hotel was the proposed venue for the Kaduna Sex Party, the hotel was also caught contravening the Covid-19 guidelines of the state. KASUPDA will not hesitate to demolish properties used for such immoral act.

1. Is immorality an offence?
2. If the answer is yes, in what Section of what law?
3. Is contravention of COVID-19 guidelines an offence?
4. If the answer is yes, in what Section of what law?
5. In both cases, is demolishing a prescribed punishment under those laws?

If yes, all is good,

If no, then Kaduna State government has trampled on fundamental rights.

More on this later.

1 Like

Car Talk › Re: I was Locked up, Extorted And Harrassed By Police In Aba Over Lagos Number Plate by AIIAssociates: 6:58pm On Dec 31, 2020

dontai:
Big thanks for this, I'm a fan. Sir I will need to know more about the law, especially more about freedom or liberty to free speech.
I wanted to start a program on a private radio next year, and I believe I will surely run against the law with this government who want to caged everybody from expressing thier constitutional right.
I will follow you Sir, incase I need any help pertaining the law. thanks.

Thanks for the compliments.

Car Talk › Re: I was Locked up, Extorted And Harrassed By Police In Aba Over Lagos Number Plate by AIIAssociates: 6:09pm On Dec 31, 2020*

OP says he was detained for 6 hours. Is that sufficient for an award of damages/compensation by the courts?

Here is the position of Nigerian courts on that issue

In ESENALU V JOYCE AMADI [2001] CLR 458 AT 459, three hours of detention was held as an infraction of the Applicant’s right to personal liberty.

In CHAIRMAN EFCC V LITTLECHILD [2016] 3 NWLR (PT. 1498) 72 AT PAGE 94 PARA. G per Osji, J.C.A, it was held that:
It must however be noted that the totality of the finding of the lower court was that the arrest and detention of the 1st respondent was illegal and unconstitutional ab initio given that there was no basis for same. The guy who was wronged got N5,000,000.00 in damages.

In ISENALUMHE V JOYCE AMADIN [2001] CHR 458 it was decided that irrespective of the fact the period of detention was counted in minutes , it will be adjudged that rights infringement and false imprisonment has occurred if the arrest and detention was not backed by law and that the period of detention was only relevant to accessing how much damages to award.

In GUSAU V UMEZURIKE & ANOR [2013] LPELR-8000 PAGE 36 Paras. C- E, it was held that the period of detention even if short will be adjudged as a rights infringement if the arrest or detention was extra-legal, unlawful, without legal foundation basis or authority in the first place.

Why release the OP if he was indeed a criminal? Clearly the police who arrested the OP are the criminals?

Why are they scared to let the law take its course against them for abuse of office?

Just in case anyone faces the same situation and decides unlike the OP to pursue his or her rights.

Your lawyer is your friend!

The police as we have just seen is not always your friend.

6 Likes

Car Talk › Re: I was Locked up, Extorted And Harrassed By Police In Aba Over Lagos Number Plate by AIIAssociates: 4:34pm On Dec 31, 2020

On what ground was the OP arrested?

There are 9 grounds or basis listed in Section 18(1) Administration of Criminal Justice Act 2015 that the police can arrest without warrant. Those 9 grounds/bases for arrest without warrant by the police are summarized below:

1. Suspicion on reasonable grounds Section 18(1)(a) Administration of Criminal Justice Act 2015

2. Committing offence in his presence Section 18(1)(b) Administration of Criminal Justice Act 2015

3. Obstruction of duty/attempted escape from custody/escape from custody Section 18(1)(c) Administration of Criminal Justice Act 2015

4. Reasonable suspicion of possession of stolen property Section 18(1)(d) Administration of Criminal Justice Act 2015

5. Deserter Section 18(1)(e) Administration of Criminal Justice Act 2015

6. Crime outside jurisdiction (Nigeria or a State of Nigeria) Section 18(1)(f) Administration of Criminal Justice Act 2015

7. Possession of implements used to commit crimes Section 18(1)(g) Administration of Criminal Justice Act 2015

8. Person against whom a warrant of arrest has been issued Section 18(1)(h) Administration of Criminal Justice Act 2015

9. Person concealing his presence with apparent criminal intentions Section 18(1)(i) Administration of Criminal Justice Act 2015

If any of the procedures below was not followed, whoever is arrested can sue for breach of fundamental rights and will win

Section 4 to Section 6 of the Administration of Criminal Justice Act 2015 contains the procedure for effecting a legal arrest as follows:

• Step 1: Intimate the suspect that he is under arrest and provide a reason for his arrest Section 6(1) Administration of Criminal Justice Act 2015. This aligns with Section 36(6)(a) 1999 Constitution of the Federal Republic of Nigeria (as amended) which details the constitutional right to be informed of the crime alleged

• Step 2: Inform the suspect of his right to silence which means that he is under no obligation whatsoever to answer any questions put to him until he has had a chance to consult either his lawyer or any other person of his choice Section 6(2)(a) Administration of Criminal Justice Act 2015. This aligns with Section 35(2) 1999 Constitution of the Federal Republic of Nigeria (as amended) which details the constitutional right to silence until he has conferred with a lawyer or other person, he chooses

• Step 3: Inform the suspect of his right to refuse to write a statement himself and/or the right to refuse to endorse any statement written for him by another and/or the right to refuse to answer any question put to him following his arrest until he has had a chance to consult a legal practitioner, he chooses for himself Section 6(2)(b) Administration of Criminal Justice Act 2015. This aligns with Section 36(11) 1999 Constitution of the Federal Republic of Nigeria (as amended) which details the constitutional right not to self-incriminate

• Step 4: Inform the suspect of his right to free legal representation by the Legal Aid Council of Nigeria if he so qualifies Section 6(2)(c) Administration of Criminal Justice Act 2015 except and unless the suspect was in the process of actually committing the offence, the suspect is pursued immediately after the commission of the offence or the suspect has escaped from lawful custody Section 6(1) Administration of Criminal Justice Act 2015. This aligns with Section 36(6)(c) 1999 Constitution of the Federal Republic of Nigeria (as amended) which details the constitutional right to counsel and if the accused cannot afford one, then the government is required to appoint one or pay the legal expenses he incurs. The right to counsel is generally regarded as a constituent of the right to a fair trial

• Step 5: Touch or confine the suspect unless he doesn’t resist i.e., he willingly submits to the arrest by word or action Section 4 Administration of Criminal Justice Act 2015 however if the person effecting the arrest is of the considered opinion that there is reasonable apprehension of violence or an attempt to escape Section 5(a) Administration of Criminal Justice Act 2015, the safety of the suspect or defendant is in issue Section 5(b) Administration of Criminal Justice Act 2015 or the court so directs Section 5(c) Administration of Criminal Justice Act 2015. This aligns with Section 34(1) 1999 Constitution of the Federal Republic of Nigeria (as amended) which details the constitutional right jurisdictional right to the dignity of the person and Section 35(1) 1999 Constitution of the Federal Republic of Nigeria (as amended) which details the constitutional right to personal liberty.

Car Talk › Re: I was Locked up, Extorted And Harrassed By Police In Aba Over Lagos Number Plate by AIIAssociates: 4:01pm On Dec 31, 2020

oladipuposadeeq:
those policemen are thieves. I delivered a Honda civic 07 which i registered before travelling they showed me shege along that owerri road but i stood my ground but was lucky that day because they checked and said its not showing on one site blablabla it was until i called someone in PSC in abuja then one of them said you think say you get connection i go just waste you then they insisted on 5k after delaying me on the road for 3hrs which i paid after the whole stress. Just be thankful they didn't harm you physically because they kill pple and dump them whereas pple will think they were robbed and killed

secretly record them for action later, act as a lame duck to preserve life, limb and property

come for your pound of flesh legally later

Car Talk › Re: I was Locked up, Extorted And Harrassed By Police In Aba Over Lagos Number Plate by AIIAssociates: 3:59pm On Dec 31, 2020*

Ikpumbe1:
On 29/12/2020 in Aba, I was stopped by a group of police men while driving myself and family members on my 2005 honda accord. The police men wore just police camouflage polos with no displayed Identity card, name tag or force number and were carrying AK-47 rifles. I was driving my 2005 honda accord car with Lagos registration number.

Inside the car were my two younger brothers, my younger sister, my wife and my one year old baby. The police men requested for my vehicle papers and driver's license which I handed over to them. They said that my license registration number is fake. They showed me an FRSC web page where they ran my plate number and it displayed "Invalid".

I explained to them that the number was duly registered in Lagos and that the plate number was gotten via legal channels and there is no way it can be fake. They wouldn't hear of that. I demanded that they allow me call who registered the vehicle for me which I did. The agent that registered the vehicle for me is a colleague of mine in the office that has connection with FRSC.

He explained to me that Lagos is the only state that produces their plate number themselves and that sometimes they don't upload it on FRSC database. So, that the number doesn't show on FRSC database doesn't mean that it's fake. He gave me Lagos autoreg verification website(verify.autoreg.ng) to give the policemen to verify the plate number . I personally verified my number on the autoreg website and it showed valid. I tried explaining these to the policemen but they wouldn't hear the explanation.

They collected the car keys from me to drive the car to their station but couldn't start the car after several attempts. They ordered I and my younger brother into their miniature mitsubishi bus and took us to their station. They later took my brother back to the car location and towed the vehicle to their station.

They told me to UnCloth to my boxer shorts and detained me inside their cell(the condition of the cell is story for another day). I was detained for approximately 6hours till my dad came and they collected thirty thousand naira from him before releasing me. The DPO ordered for my release after my father intervened and is most likely aware of the thirty thousand that was paid before I was released.

He(DPO) said my vehicle should not be released till they conclude investigation on the license plate issue. They defrauded 30k from my father to effect my release when I committed no crime. My vehicle was duly registered in Lagos which can be verified on autoreg website. They detained me for no just cause for 6hours in a filthy cell that is not fit for lower animals let alone a human being. They refused to release my vehicle till this moment thereby causing a lot of hardship to my family for someone that visited home for Xmas.

I have resolved to fight the humiliation I am suffering in their hands with everything I have got. I just want to be sure that what my agent told me is the truth. Is a plate showing on autoreg but not on FRSC database fake? How can I prove that my plate number is authentic?
Please gurus should respond.

Please see https://twitter.com/AIIASchoolofLaw/status/1332700166952943617

Take them to court. Others have and have won millions in compensation for a breach of fundamental rights.

One example FIRST BANK OF NIGERIA PLC & ORS v. ATTORNEY-GENERAL OF THE FEDERATION & ORS
(2018) LPELR-46084(SC) - the 5 applicants won 1 million Naira each.

Others are

In ECONOMIC AND FINANCIAL CRIMES COMMISSION v. MR. EJENAVI JONAH OYUBU & ORS
(2019) LPELR-47555(CA), N1,500,000.00 was awarded as damages in a similar case

In ECONOMIC AND FINANCIAL CRIMES COMMISSION v. ABIODUN AGBELE
(2018) LPELR-44677(CA), N5,000.000.00 was awarded as damages in a case with similar facts

In CHAIRMAN ECONOMIC AND FINANCIAL CRIMES COMMISSION & ANOR v. DAVID LITTLECHILD & ANOR
(2015) LPELR-25199(CA), N5,000,000.00 was awarded for breach of fundamental rights

in ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) v. WOLFGANG REINL
(2020) LPELR-49387(SC), N10,000,000 was awarded for breach of fundamental rights

All the above are examples of awards won by citizens like you.

Good job documenting their misdeeds.

Thoughtful of you to have retrieved the car before fighting them

Please pursue this matter to its logical conclusion.

If your rights have been trampled, the law is that you are automatically entitled to monetary compensation and an apology.

Here is your chance to turn that misfortune into some cool cash.

Don't sleep on it.

You can sue for infringement of the
1. Right to dignity of the human person Section 34(1)
2. Right to personal liberty Section 35(1)
3. Right to silence until a conference with a lawyer or other person of your choice Section 35(2)
4. Right to a public apology and compensation for unlawful arrests and/or detention Section 35(6)
5. Right to fair hearing Section 36(1)
6. Right to presumption of innocence Section 36(5)
7. Right to be informed of the crime alleged Section 36(6)(a)
8.Right to legal representation by self or legal representation by counsel Section 36(6)(c)
9. Right to a penalty not exceeding upper limits of the law Section 36 ( 8 )
10. Right to be tried only for an offense known to law Section 36 (12)
11. Right to private and family life Section 37
12. Right to freedom of movement Section 41
13. Right to freedom from discrimination Section 42
14. Right to freedom from indiscriminate takeover of movable and immovable property except by lawful means Section 43

Properly done, you should come out at least N5,000,000.00 richer

https://www.youtube.com/watch?v=pl8Dp5_CGiI Your constitutional rights explained

4 Likes

Politics › Re: SERAP Asks Buhari To Stop NIN Registration, Withdraw Threat To Block SIM Cards by AIIAssociates: 7:09am On Dec 24, 2020

"A governmental agency should not be the one that violates the law at any rate. It is sad and very sad indeed when government agencies see themselves as untouchable and decides to act outside the clear provision of the law.

A message must be sent and voice heard loud and clear that the midwife of the rule of law in any society is the court. If the other arms of government and particularly the executive and its agencies act without due regard to the rule of law, there will be a miscarriage in the delivery of the dividend of democracy.

Nobody is above the law and when any person goes against the law, a court should not pat the back of such a person but frown at such a situation.

An agency fighting corruption must be above board in all respect. Corruption is wider than monetary gains as anything done outside due process is corruption. I will not say more than this.”

The parties were the "Economic and Financial Crimes Commission (EFCC) and the Guaranty Trust Bank (GTB)" on the one hand and "Savannah & Chemical Industries Limited" on the other

The issue was illegal freezing of the company's bank account. Read the full story here:

https://guardian.ng/features/law/appeal-court-awards-damages-against-efcc-bank-over-illegal-account-freezing/

Politics › Re: SERAP Asks Buhari To Stop NIN Registration, Withdraw Threat To Block SIM Cards by AIIAssociates: 1:30am On Dec 21, 2020

There has been a new legal challenge thrown into the works:

https://thenigerialawyer.com/ngo-tells-court-to-declare-nccs-directive-over-sim-card-deactivation-unconstitutional/

The issue is not whether to do what he did or not

The issue is that he is going about it the wrong way

And that dear citizens is a problem, and why this has had to go to court

Politics › Re: SERAP Asks Buhari To Stop NIN Registration, Withdraw Threat To Block SIM Cards by AIIAssociates: 6:36pm On Dec 20, 2020

GentleRay:
When did owning and blocking lines became subject of the law and human right abused, Lawyer?

Did you read the post you quoted at all?

Restrictions on the ability to communicate and be communicated to are assaults on the fundamental freedom of expression.

The actions of the Honorable Minister constitute an infringement on fundamental rights.

Is there any law that says, you must register your SIM in 2 weeks?

Is there any law that prescribes that failure to register your SIM in 2 weeks is punishable?

Is there any law that prescribes that punishment as disconnection of unregistered SIM not registered in the next 2 weeks?

If the answer to any of these questions is NO, then his actions are patently illegal and unsustainable.
If the answer to all these questions are YES, then his actions are legal and constitutional.

Remember the expression fundamental rights, meaning rights that cannot be tampered with anyhow.

His actions are an affront on

the constitutional fundamental right to freedom of expression Section 39,

the fundamental right to be informed of the crime alleged Section 36(6)(a),

the constitutional fundamental right to penalty not exceeding the upper limits of the law Section 36(6)(c),

the constitutional fundamental right to be tried only for an offence known to law Section 36(12)

The words and wishes of the executive can never be law. The legislature makes laws. The executive enforces them.

Re-read how the so-called law/directive made by the Governors of Lagos and Kebbi fared when subjected to judicial scrutiny and you will appreciate.

Unless prescribed by law, this directive is uncalled for and unconstitutional.

The directive is currently being judicially examined.

Please remember to comment after the court rules on this issue.

Credits: https://www.equalityhumanrights.com/en/human-rights-act/article-10-freedom-expression

Politics › Re: SERAP Asks Buhari To Stop NIN Registration, Withdraw Threat To Block SIM Cards by AIIAssociates: 1:37pm On Dec 20, 2020

SERAPs proposed suit is in order

There is another suit on this matter https://thenigerialawyer.com/civil-society-groups-sue-minister-ncc-others-over-blocking-of-telephone-lines/

And yet another https://thenigerialawyer.com/sim-card-and-nin-ex-nba-vp-ubani-drags-fg-to-court-says-two-weeks-ultimatum-will-work-hardship-on-him/

These suits are in order. This is a clear case of executive overreach unless the reverse can be proven. The Honourable Minister of Communications and Digital Economy with all due respect has exceeded the bounds of the powers of his office. He is acting ultra vires. He needs to be reined in.

Our courts have done this before. In 2016, the Court of Appeal in FAITH OKAFOR V LAGOS STATE GOVERNMENT & ANOR [2016] LPELR-41066(CA) per Biobele Abraham Georgewill J.C.A had to answer the question of whether the directive of a State Governor which is not codified in a statute can amount to a breach of fundamental human right: That court held in part

"This is what Citizen Faith Okafor has complained about in this appeal, having herself become a victim. The Court below saw nothing and said nothing. It could neither understand nor stand or countenance the temerity of Citizen Faith Okafor in challenging, as it were, the directive of the Government of Lagos State that every person must stay at home and away from the streets of Lagos State on every last Saturday of the month save those so authorized to be on the street. Under Section 41(2) of the 1999 Constitution (as amended), for any law or every direction by the Respondent to merit justification, the restriction must be directed at any person who has committed or is reasonably suspected to have committed a criminal offence. Anything otherwise renders such a law or directive of the Governor of Lagos State unconstitutional, unlawful and illegal and thus to restrict the movement of every person, Citizens of this great country, who has neither committed any offence nor reasonably suspected of having committed a criminal offence in the name of enforcing sanitation directives of the Governor of Lagos State without any force of law is highly reprehensible, since it is unconstitutional. It is my view, that democracy thrives more on obeying and promoting the rule of law rather than the whims and caprices of the leaders against the lead. I find the conduct of the Respondent in not only persecuting the Appellant, yes that is what in my view it amounts to when a free Citizen of this great Country such as Citizen Faith Okafor, is put through the rigours of criminal process for an offence not prescribed in any written law but merely on the directive of the Governor of the Lagos State. An action which if allowed to thrive in a democracy such as ours could confer on such office holders infinite, absolute and autocratic powers contrary to the clear provisions of the Constitution of the land, to which both the leaders and the led are subject. I refuse to allow such autocratic, absolute and infinite powers to fester upon our nascent democracy. The Respondents, therefore, lacks the power in law to direct or order not only the restriction of movement of any and every person who has not committed any offence or is not reasonably suspected of having committed any criminal offence but also their prosecution, conviction and punishment for any offence not prescribed in any written law. The Respondent thus has no such carte blank cheque to direct the restriction of movement of free and innocent citizens of this country, merely because they reside or find themselves in the centre of excellence, Lagos State, on the streets of Lagos State on the last Saturday of the each month and prosecuting and convicting such persons, like the Appellant, for any offence not prescribed by any written law as an offence in Lagos State.

Applying the law to the facts, if a Governor of a State had no right whatsoever to impose his will on a citizen unless that will was captured in legislation, then the Honourable Minister of Communications and Digital Economy has no power whatsoever to place restrictions on the fundamental right to freedom of expression that did not align with constitutional provisions.

In plain English, unless it can be proven that the Honourable Minister's actions are backed by law, then this is not a case of enforcing the law, but a case of breaking law by the very arm of government tasked with ensuring that the law is enforced - that is the executive.

The fundamental right to freedom of expression and the press is enshrined in Section 39 of the 1999 Constitution of the Federal Republic of Nigeria.
It is not an absolute right. It has 5 limitations.

This right can be limited only by laws and not directives of the Honourable Minister that have not passed legislative scrutiny. The Honourable Minister should do the needful and align his proposals with the rule of law stand of the current administration.

Learn more about your constitutional rights with the help of this video
https://www.youtube.com/watch?v=pl8Dp5_CGiI

In 2013, the Court of Appeal in AG & COMMISSIONER OF JUSTICE, KEBBI STATE V HRH, ALHAJI AL-MUSTAPHA JOKOLO & ORS [2013] LPELR-22349 (CA) per Joseph Tine Tur, J.C.A had reason to determine how Section 41(2)(b)(ii) 1999 Constitution of the Federal Republic of Nigeria (as amended) would apply when it said in part:

" The further intention of the Constitution is that restriction or curtailment of the rights of an individual to move freely within and outside Nigeria or reside in any part of the country should be in accordance with the provisions of Section 41 of the Constitution… No body or authority can interfere with any of the fundamental rights enshrined under Chapter IV of the Constitution of the Federal Republic of Nigeria, except on the condition that can be supported before a Court of justice…. The executive powers of the Governor of any State must be exercised in accordance with law else the Courts will not shy from holding as invalid any law, an executive or administrative action that is not reasonably justifiable in a democratic society, be it in the interest of defence, public safety, public order, public morality, or public health, or that it is not for the purpose of protecting the rights and freedoms of persons in any part of the Federation. The Courts shall intervene to curtail or nullify abuse of powers and authority not supported by law. See GOVERNOR OF LAGOS STATE VS. OJUKWU [1989] 3 NWLR (Pt.18) 621, and OBEYA MEMORIAL SPECIALIST HOSPITAL VS. ATTORNEY-GENERAL OF THE FEDERATION & ORS. [1987] 3 NWLR (Pt.60) 325.

Applying the law to the proposals of the Honourable Minister, unless it can be proven that his directive issues from the law, his curtailment or attempts to curtail the fundamental right to freedom of expression are not in line with the Constitution.

Only then can his directives be supportable before a court of justice. Until then the executive powers of the Honourable Minister has been exercised in discordance with Nigeria's immutable law - the Constitution of the law which the Honourable Minister ought to uphold

There is thus every likelihood that our courts will hold his actions as invalid and not reasonable justifiable. The courts shall have no choice but to intervene, curtail and nullify the said abuse of powers and authority for lack of conformity with our laws

Crime › Re: Blord: "EFCC Seized My 3 Cars & Released One" by AIIAssociates: 3:50pm On Nov 28, 2020*

film3four:
This is Blord, an Awka based bitcoin dealer. In this video he accused EFCC of seizing his 3 cars and only released one. He was questioning the rationale behind such action even when nothing incriminating has been found against.

https://www.instagram.com/p/CIGsTU4jh7X/?igshid=kurl1vhpv8h3

https://www.youtube.com/watch?v=x7IKNA-pa4s

Something does not sound right. Please see a lawyer ASAP.

The Administration of Criminal Justice Act 2015 recognizes that an arrested suspect has property rights, and that is why,

1. It requires the arresting officer to make an inventory of items belonging to the arrested suspect following the conduct of searches on him and before the case heads to court Section 10(1) Administration of Criminal Justice Act 2015

2. It mandates the authentication of the list of seizures with the signature of the police officer and the arrested suspect, although it is immaterial that the arrested person refuses to sign Section 10(2) Administration of Criminal Justice Act 2015

3. It allows for the handing over a copy of the inventory to the legal practitioner of the accused or any other person of his choice Section 10(3) Administration of Criminal Justice Act 2015

4. If third party rights are affected by a seizure of property in the course of the exercise of the power of arrest, it permits their release on bond pending arraignment of the suspect Section 10(4) Administration of Criminal Justice Act 2015

5. If third party rights are affected by a seizure of property in the course of the exercise of the power of arrest, and a person or person either owning or having interest in the seized property reaches out to the police officer in charge of the case, and the police officer in charge of the case refuses to release the property to such a person or persons, such a police officer is obligated to inform the court that he has conducted a search and seizure of the property of the arrested suspect and also detail the property so detained to the court Section 10(5) Administration of Criminal Justice Act 2015

6. It then behooves on such a court receiving the report made according to the requirement of Section 10(5) Administration of Criminal Justice Act 2015 to conduct an enquiry so as to determine if there are any third party rights affected by all the property seized or a part of the property seized, and if it so finds, then it will determine that such property or a part of the property so affected be released/returned to the person or person so affected in the interests of justice Section 10(6) Administration of Criminal Justice Act 2015

7. It authorizes the release of the detained property of an arrested suspect if the following conditions are true: (i) the investigation is inconclusive as evidenced by his not being charged before a court; (ii) the property is not connected to or a proceed of crimes Section 10(7) Administration of Criminal Justice Act 2015

These provisions are in alignment with Section 43 and Section 44 1999 Constitution of the Federal Republic of Nigeria (as amended) which details the right to acquire immovable property and the right to freedom from indiscriminate takeover of movable and immovable property except by lawful means

Your rights when law enforcement is conducting a search is treated here:

https://www.youtube.com/watch?v=1feb4nOOOLo

Your rights when arrested by law enforcement is treated here:

https://www.youtube.com/watch?v=Y90xMqjN0lw

https://www.youtube.com/watch?v=ASOFrb8MJmw

https://www.youtube.com/watch?v=FhwtGp15DnE

https://www.youtube.com/watch?v=yMgZXkXKQaM

https://www.youtube.com/watch?v=Is6Z33yw2ak

Properties › Re: Fire Breaks Out In LASTMA Yard, Guts 11 Impounded Vehicles by AIIAssociates: 7:49pm On Aug 14, 2020

Playthepianos:
https://www.google.com/amp/s/punchng.com/breaking-fire-breaks-out-in-lastma-yard-guts-11-impounded-vehicles/%3famp=1

Damages loading

Section 44 of the 1999 Constitution of the Federal Republic of Nigeria as amended

Property cannot be compulsorily acquired or indiscriminately acquired without compensation

Issues of negligence loading

They owed those car owners a duty of care and failed at that duty

If you car was damaged, speak to your lawyer ASAP

1 Like

Properties › Re: House Of Architect Who Demolished Enugu Airport Fence Destroyed By Government by AIIAssociates: 7:17pm On Aug 14, 2020*

Two wrongs do not make a right.

He has been denied one right.

Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria details the constitutional right to fair hearing.

In Latin, audi alteram partem and nemo judex causa sua meaning

1. listen to both sides, consider the evidence of both sides, give the accused an opportunity to state his case and

2. someone who has interest in a matter should not seat in judgement over that matter or in other words, there should be no hint or taint of bias in the composition of the panel

The only exceptions to the above are:

1. Government agencies or authorities other than the courts may address issues of law that affect or have a tendency to affect the civil rights and obligations of anyone so long as the person or persons so affected can state their side of the story in advance of a decision being made

2. Government agencies or authorities other than the courts may address issues of law that affect or have a tendency to affect the civil rights and obligations of anyone so long as their decision is not final and conclusive.

He has also been denied another right.

Section 44 of the 1999 Constitution of the Federal Republic of Nigeria details the constitutional right to freedom from indiscriminate takeover of movable and immovable property except by lawful means

Without the involvement of the judiciary, destruction such as this is illegal and crude.

If the architect was uncivilized, the government should have shown it stands on higher moral ground by not returning the favor illegally.

Let me illustrate, in June 2018 the FBI became aware that Obinwanne Okeke was committing crimes against Americans, but they refused to rush to take action. They spent one month reviewing the case and only commenced investigations in July 2019, that is one month later.

After they succeeded in establishing a probable case against him, the FBI approached the United States District Court for the Eastern District of Virginia in November 2018 some 4 months after the case was reported and 3 months after investigation commenced.

Why did the all powerful FBI approach the courts for a Federal Search Warrant?

In one sentence, it is all about the due process of law.

Until and unless a court order was procured, the demolition is illegal and there will be damages awarded for such an indiscriminate takeover of property.

Which one do we really want? Rule of thugs or rule of law? Food for thought.
Which one was on display here? You be the judge.

Do you know your constitutional rights? if no, don't let this chance pass you by, this video will help.

https://www.youtube.com/watch?v=pl8Dp5_CGiI

2 Likes

Education › Re: UNILAG Senate, Staff Unions, Reject New VC by AIIAssociates: 4:57pm On Aug 14, 2020*

Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria details the constitutional right to fair hearing.

In Latin, audi alteram partem and nemo judex causa sua meaning

1. listen to both sides, consider the evidence of both sides, give the accused an opportunity to state his case and

2. someone who has interest in a matter should not seat in judgement over that matter or in other words, there should be no hint or taint of bias in the composition of the panel

The only exceptions to the above are:

1. Government agencies or authorities other than the courts may address issues of law that affect or have a tendency to affect the civil rights and obligations of anyone so long as the person or persons so affected can state their side of the story in advance of a decision being made

2. Government agencies or authorities other than the courts may address issues of law that affect or have a tendency to affect the civil rights and obligations of anyone so long as their decision is not final and conclusive.

If the VC can successfully prove that he did not enjoy fair hearing, he will regain his seat.

Elements that would help him arrive that verdict according to the Supreme Court in Effiom v The State (1995) 1 NWLR (PT. 373) P. 507 at 575 include:
1. Ease of access to the panel
2. Any encumbrances on his right to be heard
3. Was the panel impartial or partial
4. Was there any taint of bias howsoever small
5. How soon or how fast the judgment was delivered

News has it that he has retained the services of a top flight constitutional lawyer to fight his case.

Do you know your constitutional rights? If no, don't let this chance pass you by, this video will help.

https://www.youtube.com/watch?v=pl8Dp5_CGiI

Culture › Re: DSS Detains Tricycle Rider In Osun On Orders Of Ooni Of Ife Over Text Message by AIIAssociates: 5:05pm On Aug 11, 2020

Amotolongbo:
That is not how to conclude on a one side of a story heard.
The detained man has his story
The king, Ooni, has his own story.
The DSS acted on the story told them by Ooni.

The story narrated by the activits, Olawale Bakare “Mandate” And Sahara Reporters is half truth before venturing to conclude like this

What was the content of the message sent to Ooni?
Sahara Reporters et al don’t know.
Was the detained guy saying the whole truth and nothing but the truth?
They don’t know.

What if the DSS have detained the guy for stealing a phone belonging to the king’s associate and sending messages to the king?
They don’t know.

Some times the DSS also go on to act on their own after lodging a report to them, which could have also happened in this case. The Ooni might even have forgotten reporting a case like this.
The DSS should not have detained and held the man incommunicado, he should have been allowed to speak to his lawyer

Great analysis. That the tricycle rider is accused of a crime does not extinguish his rights under constitutional or procedural criminal law.

See videos that go in-depth into the issues below:

Rights of an arrested accused person under Nigerian Procedural criminal law

https://www.youtube.com/watch?v=Is6Z33yw2ak

Rights of an arrested accused person under Nigerian constitutional law

https://www.youtube.com/watch?v=pl8Dp5_CGiI

If the arrested rider is not charged to court, or allowed to meet a lawyer, amongst other things, then law enforcement and to be specific, the DSS is abusing its power to arrest, because in law that power is not unlimited! There are several checks and balances to prevent its abuse.

https://www.youtube.com/watch?v=Y90xMqjN0lw

https://www.youtube.com/watch?v=ASOFrb8MJmw

https://www.youtube.com/watch?v=FhwtGp15DnE

https://www.youtube.com/watch?v=yMgZXkXKQaM

Very recently, the DSS detained a lawyer for months and only rushed to charge the lawyer to court in a tactical attempt to foil contempt proceedings against its Chief Executive

1 Like

Politics › Re: Mubarak’s Wife Appeals To Nigerian Senate after 100 days in prison by AIIAssociates: 10:59am On Aug 09, 2020

Blue3k:
The religious zealots in government kidnapped Mubarak because he dared to criticize their prophet. They refused him his basic rights to trial or allow him a lawyer. Referring to Mohammed as terrorist as he did falls under free speach. Free speech is supposed to protect offensive and disagreeable comments. The state has no business mandating someone be agreeable to violent mobs under any circumstances.

Under what law is he being tried under anyway is it secular or sharia?

Rights of an arrested accused person under Nigerian Procedural criminal law

https://www.youtube.com/watch?v=Is6Z33yw2ak

Rights of an arrested accused person under Nigerian constitutional law

https://www.youtube.com/watch?v=pl8Dp5_CGiI

Yes the police have the power to arrest, but that power is not unlimited! It appears that law enforcement power has been abused given the facts shared above by the wife!

https://www.youtube.com/watch?v=Y90xMqjN0lw

https://www.youtube.com/watch?v=ASOFrb8MJmw

https://www.youtube.com/watch?v=FhwtGp15DnE

https://www.youtube.com/watch?v=yMgZXkXKQaM

Politics › Re: #RevolutionNow Protest Ongoing: Over 40 Arrested in Abuja (Photos, Video) by AIIAssociates: 11:17am On Aug 05, 2020

Everything you need to know about the power to arrest/the power of arrest and the rights of an arrested person

https://www.youtube.com/watch?v=Y90xMqjN0lw

https://www.youtube.com/watch?v=ASOFrb8MJmw

https://www.youtube.com/watch?v=FhwtGp15DnE

https://www.youtube.com/watch?v=yMgZXkXKQaM

https://www.youtube.com/watch?v=Is6Z33yw2ak

Politics › Re: Magu’s Investigation: Discordant Tunes Over Style Of Justice Salami’s Panel by AIIAssociates: 6:03pm On Jul 21, 2020

https://www.youtube.com/watch?v=_TH_qTjRfLA

https://www.youtube.com/watch?v=pl8Dp5_CGiI

https://www.youtube.com/watch?v=geC7utQuW1E

https://www.youtube.com/watch?v=fftG5WSCsso

What rights does an accused person have?

Several such rights are guaranteed by our constitution.

Several more such rights are contained in our procedural criminal legislation read that to mean that procedural criminal legislation has extended the constitutionally guaranteed rights.

The EFCC under Magu was notorious for trampling on those rights.

A panel headed by a retired jurist should have been different.

It wasn't.

Maybe Magu got served by karma so that he would appreciate that power is transient but laws last forever and that the fight against corruption could have been fought fairly, squarely and lawfully not recklessly, arbitrarily and vindictively.

In a yet to be published video, we will address rights of an accused contained in procedural criminal legislation with respect to arrests - which is directly applicable to the manner in which the suspended EFCC Chairman was arrested

Politics › Re: Policemen search Ibrahim Magu's house - Punch by AIIAssociates: 9:04am On Jul 08, 2020

Enyimbamercedes:
Guess who was the champion of house raids? Magu! ... without warrants! Lawless bunch of cowboys who raided the house of an individual, detained him for 3 months trying to force him to make a confession. He didn’t, he came out and sued them. They denied arresting or detaining him... they lost, he won 10 million naira against them. They appealed up to the Supreme Court and they lost! They haven’t paid yet...

So sad..illegal house raids obviously

In the light of the police search of the house of the EFCC Chairman in Karu

This video tells you everything you need to know about the power of search/the power to search by law enforcement under Nigerian Criminal Law

https://www.youtube.com/watch?v=1feb4nOOOLo

Crime › Re: MAGU: 7 Allegations By Sahara Reporters That Stirred Public Opinion by AIIAssociates: 2:32pm On Jul 07, 2020

villagecraft:
Late Monday evening, Sahara reported that the Acting EFCC Chairman, Magu has been detained By Police In Abuja, To Be Returned To Aso Rock Villa For Further Interrogation. In the exclusive publication by SR, .... see http://saharareporters.com/2020/07/06/exclusive-acting-efcc-chairman-magu-detained-police-abuja-be-returned-aso-rock-villa

Meanwhile in the past, despite official reactions denying these claims, Here are 7 allegations Sahara reporters have laid in the past.

1. Magu is currently occupying a residence rented for N40m at N20m per annum paid for by a questionable businessman

2. The EFCC boss furnished the residence at the cost of N43m & the contract was awarded to company owned by same questionable man

3.Magu constantly embarked on official n private trips in company of corrupt folks who are currently being investigated.

4. The EFCC boss flies first class or mosttimes private jets owned by the questionable businessman

5. On 24 June, 2016, Magu flew Emirate airlines first-class to Saudi Arabia to perform lesser hajj at the cost of N2.9m. This is in spite of Mr President’s directive to all public servants to fly economy class.

6. He allegedly transfers funds abroad through a third party.

7. Magu is found guilty of action prejudicial to state security, withholding of EFCC files, sabotage n unauthorised removal of EFCC files.

All these allegedly contained in the DSS report that has repeatedly made the senate decline approving him as the Substantial EFCC principal.

It is important to fight right by law.

There are constitutional protections for an accused person.

These two videos discuss the constitutional rights and safeguards for accused person.

Which of these rights of the EFCC Boss has been observed in breach if the news is to be believed that he was arrested without being invited and held in a cell overnight?

https://www.youtube.com/watch?v=_TH_qTjRfLA

https://www.youtube.com/watch?v=pl8Dp5_CGiI

Politics › Re: DSS Denies Arresting EFCC Boss, Ibrahim Magu by AIIAssociates: 7:32pm On Jul 06, 2020

What is a proper or improper arrest under Nigerian Law?
aka everything you need to know about the power of arrest/power to arrest in Nigeria

https://www.youtube.com/watch?v=Y90xMqjN0lw

https://www.youtube.com/watch?v=ASOFrb8MJmw

https://www.youtube.com/watch?v=FhwtGp15DnE

https://www.youtube.com/watch?v=yMgZXkXKQaM

Celebrities › Re: Kemi Olunloyo Clashes With SARS Officers At Ecobank In Lagos by AIIAssociates: 6:02pm On Jul 04, 2020

MasterRahl:
Kemi Olunloyo In Verbal Altercation With SARS

Kemi Olunloyo engaged in a heated argument with SARS operatives as they attempted to arrest @iamwealth9ja

Links to videos below

https://www.youtube.com/watch?v=sAkWkR1R734

https://mobile.twitter.com/KemiOlunloyo/status/1279037462652891136

Everything you need to know about the power of arrest/power to arrest in nigeria

https://www.youtube.com/watch?v=Y90xMqjN0lw

https://www.youtube.com/watch?v=ASOFrb8MJmw

https://www.youtube.com/watch?v=FhwtGp15DnE

https://www.youtube.com/watch?v=yMgZXkXKQaM

Everything you need to know about your constitutional rights during any interface with law enforcement

https://www.youtube.com/watch?v=pl8Dp5_CGiI

1 Like

Politics › Re: Reps To Rescue Martins Idakpein, Lance Corporal In Military Detention by AIIAssociates: 12:05pm On Jul 03, 2020

The legal issues surrounding his arrest/detention analyzed in depth in the following videos dealing with the power to arrest/the power of arrest and the constitutional rights of an accused person:

VIDEO 1
In this video, we introduce our viewers to the concept of "Arrest"

We explain why the criminal system has provision for "Arrest"

We give the viewer a bird's eye view of the entire syllabus on the subject of the Power of Arrest/The Power to Arrest

https://www.youtube.com/watch?v=Y90xMqjN0lw

VIDEO 2
In this video, we provide three methods of guaranteeing the presence of the accused in court for his trial

We explain the two possibilities: "arrests without more" and "arrests with more"

We list 12 high profile arrests that we will use to illustrate how the principles that govern lawful arrests can be applied

We take an in-depth look into the arrest of Omoyele Sowore by the State Security Service on August 3, 2019

We turn to a dictionary of law and an encyclopedia to help us define arrest as well as the power of arrest

We run down the constitutional provisions that have a bearing on arrest

We also list the enabling provisions for arrest by the Administration of Criminal Justice Act (ACJA), Administration of Criminal Justice Law (ACJL), Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC)

Next, we step into the realm of comparative law as we compare the statutory and judicial law on arrest in the UK - Section 24 Police and Criminal Evidence Act, Section 24A Police and Criminal Evidence Act, Sadiq v State (1982) 2 NCR 142, Holgate Mohammed v Duke (1984) AC 437

https://www.youtube.com/watch?v=ASOFrb8MJmw

VIDEO 3
In this video, we list the categories of persons who can arrest without a warrant: these include the police, judicial officers, private persons.

As is our practice for each of these categories, we take a look at the topics from the lens of the ACJA, ACJL, CPA, CPC and case law.

Cases treated include IGP V Ogbomo, Jackson V Omorokuna, Commissioner of Police Ondo State v Obolo, Wiltshire v Barrett, Dallison v Caffery

We list the statutory foundations for arrest without a warrant as Section 18(1) ACJA, Section 10(1) ACJL, Section 10(1) CPA and Section 26 CPC.

Courtesy of the provisions of those statutes, we list 15 grounds or basis for arrest without a warrant by the Police

Next, we treat arrest without a warrant by Judicial Officers and turn to Sections 24, 25, 26 and 27 of the ACJA; Sections 15,16 and 33 of the ACJL; Sections 15, 16 and 34 of the CPA, Sections 29 and 30 of the CPC as well as Onitiri v Ojomo

Finally, we treat Arrest without a warrant by Private Persons and turn to Sections 20, 21, 23 of the ACJA; Sections 12, 13, 14 of ACJL, Sections 12, 13, 14 of the CPA and Sections 28, 29, 30 and 39 of the CPC as well as Nweke v The State, John Lewis & Co Ltd v Tims, Abdullahi v Borno Native Authority and Dallison v Caffery

https://www.youtube.com/watch?v=FhwtGp15DnE

VIDEO 4
In this video, we discuss at length arrest with a warrant and warrant of arrest.

We define "Warrant of Arrest" and "Arrest Warrant"

We visit Sections 37 & 132 ACJA, 23 & 95 ACJL, 23 & 97 CPA and 143(d), 143(e) & 146(1), 146(2) CPC

Who is authorized to issue a Warrant of Arrest
Sections 36(1) ACJA, 22(1) ACJL, 22(1) CPA, 56(1) CPC, Ikonne v COP (1986) 4 NWLR 36 473

Who executes a warrant of arrest
Section 39(1) ACJA, 25(1) ACJL, 25(1) CPA, 58(1) CPC

Who can execute (serve) a Warrant of Arrest
Section 40(1) ACJA, 26(1) ACJL, 27(1) CPA, 58(1) CPC

Time of Issuance of a Warrant of Arrest
Section 38 ACJA, 24 ACJL, 24 CPA, 90 CPC

Time of Service (Execution) of a Warrant of Arrest
Section 43 ACJA, 27 ACJL, 28 CPA

When Warrant of Arrest is employed
Section 131 ACJA, 94 ACJL, 96 CPA, 70 CPC

Lifespan of a Warrant of Arrest
Section 39(2), 139 & 136 ACJA; 25(2), 100 & 98 ACJL; 25(2), 103 & 101 CPA; 56(2), 383 & 382 CPC

Contents of a Warrant of Arrest
Section 36(1) & 36(2) ACJA; 22(1) & 22(2) ACJL; 22(1) & 22(2) CPA; 56(1) & 56(2) CPC

Execution of a Warrant of Arrest
Section 43(1) - 43(4) ACJA; 27(1) - 27(4) ACJL; 28(1) - 28(4) CPA

Execution of a Warrant of Arrest OUTSIDE THE STATE OF ISSUE
Section 46(1) ACJA; 30(1) ACJL; 31(1) CPA; 64,65,66 CPC

Execution of a Warrant of Arrest OUTSIDE THE STATE OF ISSUE - A Discussion of the Rule of Law under the ACJA, ACJL & CPA and The Rule of Practice under the CPC
R v Oluwo, Commissioner of Police v Apampa, Section 365(2) ACJL; 482(2) CPA; Metropolitan Police Commissioner v Hammond, Section 482(3) CPA; 365(1) ACJL; 482(1) CPA; 65 - 66 CPC

Execution of a Warrant of Arrest WITHIN THE SAME STATE BUT OUTSIDE THE MAGISTERIAL DISTRICT AND JUDICIAL DIVISION OF ISSUE UNDER THE ACJA, ACJL AND CPA
Section 46(1) ACJA; 30(1) ACJL; 31(1) CPA

Execution of a Warrant of Arrest WITHIN THE SAME SATE BUT OUTSIDE THE MAGISTERIAL DISTRICT AND JUDICIAL DIVISION OF ISSUE AND OUTSIDE THE STATE UNDER THE CPC
Section 64(2), 64(1) & 65 CPC

Execution of a Warrant of Arrest NOT ENDORSED WITH BAIL OUTSIDE THE DISTRICT OF ISSUE
Section 46(1) ACJA; 30(1) & 365 ACJL; 31(1) & 482 CPA and 64(1) & 66(1) CPC

Destination of Person who is served a Warrant of Arrest
Section 43(4) ACJA; 27(4) ACJL; 28(4) CPA and 62 CPC

Powers of Police Officer to Arrest with or without a Warrant of Arrest
Section 18(2) ACJA;10(2) ACJL; 10(2) CPA; 26(a) CPC; 18(2) & 44 ACJA; 10(2) & 28 ACJL; 10(2) & 29 CPA; 26(a) & 61 CPC

Effect of Procedural Errors in the Issuance of a Warrant of Arrest on the Trial of the Accused
Mattaradona v Ahu (1995) 8 NWLR 412 225, Section 136 ACJA & 139 ACJA; 98 & 100 ACJL; 100 & 103 CPA; 382 CPC

Effect of a Defective Warrant
Section 136, 139 & 98 ACJA; Section 100, 101 & 103 CPA; 383 & 379 CPC

Effect on not responding to a Warrant of Arrest
Section 41 ACJA; 67 CPC

Bench Warrant

The Connection between Bail, Endorsement & Warrant of Arrest
Section 45(1) - 45(5) ACJA; 29(1) - 29(5) ACJL; 30(1) - 30(5) CPA; 57(1) -57(3) CPC

Procedure for effecting an Arrest
Section 6,4,5 ACJA; 3,1,2 ACJL; 5,4 CPA

Places where no arrest can be made
Section 31 Legislative Houses(Powers & Privileges) Act 2018, Tony Momoh v Senate 1981 1 NCL 29; Section 43(2) ACJA; 27(2) ACJL; 28(2) CPA

Court may direct particulars of security to be taken on execution of Warrant
Section 45(1) - 45(5) ACJA; 29(1) - 29(5) ACJL; 30(1) - 30(5) CPA; 57(1) -57(3) CPC

https://www.youtube.com/watch?v=yMgZXkXKQaM

VIDEO 5
In this video, we introduce our viewers to human rights and international human rights law.

We link the rights/safeguards for an accused to the Charter of the United Nations, the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the so-called International Bill of Human Rights, Article 49 and 55 of the UN Charter, the 1979 Constitution of the Federal Republic of Nigeria and the 1999 Constitution of the Federal Republic of Nigeria.

https://www.youtube.com/watch?v=_TH_qTjRfLA

What are the rights of an accused person, and how does the Constitution protect an accused person? What will the Federal High Court decide in this case? Our video on rights and safeguards for an accused person will help answer that question https://thenigerialawyer.com/army-dragged-to-court-for-arresting-wife-of-soldier-who-criticised-buratai/

VIDEO 6
In this new video, we do an in-depth analysis of Constitutional Fundamental Human Rights. We break those into absolute rights and relative rights. We treat a total of 15 absolute constitutional rights and 15 relative constitutional rights. We address limitations/exceptions to those rights whether those be in law or in practice where relevant. Finally, we treat Constitutional Fundamental Rights Overrides ( a total of 5 of them).

https://www.youtube.com/watch?v=pl8Dp5_CGiI

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