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Irepmyuniben's Posts

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Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 2:23pm On May 15, 2015
emmanuelsone:
Pls, kindly check OLOSUNDE OLUWATOSIN EMMANUEL...OYO STATE...compass 08

Olosunde Samuel NIS-000000681527 Male EKITI CONPASS 06 is on the list

1 Like

Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 2:20pm On May 15, 2015
andibanbang:
Pls how can I cheeck d names using ma phone.

https://www.nis.fedcivilservice.gov.ng/#/appointments
Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 2:18pm On May 15, 2015
awosod:
Someone should pls hlp check for Adeoye Seun Adeshina. Kogi State.
the only Adeoye on the list Adeoye Oluwasegun NIS-000000577444 Male OGUN CONPASS 03
Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 2:16pm On May 15, 2015
emmiesky:
@ Irepmyuniben can you please help me check for Edet, Emmanuel Matthew? Thanks

the only Edet on the list is CletusEdetNIS-000000699436MaleAKWA-IBOMCONPASS 03
Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 8:22am On May 14, 2015
lanrewaju23:


when did u got the mail? and was it stated that u'll do.camping and also da salary

i got the email yesterday. There was no indication on the letter as regards camping. the Letter contains an invite to obtain provisional appointment letter and undergo documentation. The salary will be reflected on the appointment letter
Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 8:19am On May 14, 2015
tomietush:
i just dd 2 m asked to report in rivers state.how abt u

kano
Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 8:18am On May 14, 2015
topiano77:
Someone should help me check mine: Ajiboye Babatope Mathew

i couldnt find the name
Jobs/Vacancies / Re: Immigration Provisional Appointment Letter by irepmyuniben: 8:16am On May 14, 2015
OlanikeAsaolu:




Pls kindly help me check my name Olanike Asaolu osun Conpass 06

i couldnt find your name.
Jobs/Vacancies / Immigration Provisional Appointment Letter by irepmyuniben: 9:08pm On May 13, 2015
just received an email from the presidential committee on immigration. Let's discuss possible travel arrangements and all sundry matters
NYSC / Re: IMO State Batch A15, Kindly Meet Here by irepmyuniben: 6:40am On May 02, 2015
simiolu1:
To everyone posted to Imo; you are welcome . If coming from any where in the south western part of Nigeria; don't board a bus to Owerri. Instead; board a bus going to Umuahia. And alight at Nkwere junction. A bike of 100 would take you to camp from that junction. If you proceed to Owerri; you'll spend nothing less than 500 to get to camp. If you have further questions; please ask. Corper auno

I'm Simi a batch B corp member serving in Ehime-Mbano LGA
simi,the Agbaja man. I salute you as a major stakeholder in imo affairs
Jobs/Vacancies / Re: NIS Invitation For Interview. by irepmyuniben: 10:29am On Apr 30, 2015
STATISTICS FROM NIS WEBSITE

48,400 SHORTLISTED FOR THE CBT TEST
24,700 CALLED FOR AN INTERVIEW IN THEIR VARIOUS STATES OF ORIGIN
Politics / Re: Abia Governor Elect Receives Certificate Of Return From Inec (pictures) by irepmyuniben: 9:46pm On Apr 28, 2015
what about to Alex Otti.cant he be compensated for being very popular on nairaland

2 Likes

Politics / Opinion On The Gmb-ait Controversy by irepmyuniben: 2:41pm On Apr 28, 2015
I totally agree with the submission of my learned colleague Ifeanyi Jerry Chiemeke on the GMB-AIT controversy on the alleged freedom of the press violation.My reasons are as follows:

1) The Right to Freedom of THE Press under our Laws is not absolute.
2) GMB did not ban the press/AIT from expressing their press rights which would be totally illegal under any democratic dispensation, he barred them from covering his events as a private individual.
3)GMB did not make this decision in the capacity of the President. GEJ remains the president until 29th May,2015

It is when GMB places every opinion of the press under unreasonable censorship and our opinion cannot be openly expressed. That is when the real fear creeps in.

Freedom of the press is established in the First Amendment of the United States Constitution, which states that "Congress shall make no law... abridging the freedom of speech, or of the press." Although the text of the amendment only specifically prohibits infringement by Congress, the Supreme Court has broadened the scope of the First Amendment to protect the freedoms of speech and press from censorship by any government entity, from the federal government down to the local police.

However, the Supreme Court has also recognized specific situations in which the government is allowed to limit the freedom of the press.
There are legal limits, for example, to how much protection a reporter can provide a confidential source. Reporters often rely on confidential sources for inside information that exposes government or corporate corruption. But if the source violated a federal law in leaking the information to the press, the reporter can be subpoenaed and required to name names, as established by the Supreme Court's 5-4 decision in Branzburg v. Hayes (1972)

In 2005, New York Times reporter Judith Miller served 85 days in jail for contempt of court when she refused to name the source who leaked the identity of undercover CIA agent Valerie Plame [source: Miller]. The following year, two reporters for the San Francisco Chronicle also served jail time for refusing to name the source who leaked closed grand jury testimonies from the Barry Bonds perjury case .

Bloggers, however, are something of a special case when it comes to press freedom: In 2011, an "investigative blogger" was found guilty of libel when she posted inaccurate and damaging statements about an Oregon lawyer. The federal judge ruled that Oregon's shield law, which protected journalists from most libel claims, did not cover bloggers or other citizen journalists who are not affiliated with a mainstream media organization

In conclusion, Even Nairaland is subject to censorship despite the 'Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland'.Your freedom of speech can be limited by a private entity. It is both reasonable and legal.

Mackstokes partners
Nairaland / General / Story For The Gods If You Cannot Sufficiently Prove Rape by irepmyuniben: 1:25pm On Apr 19, 2015
This article does not relate to offences committed against a minor because the law does not require the strict rule of consent. Under the Criminal Code of Nigeria, Rape is defined, as having unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false act, or, in case of a married woman, be impersonating her husband. This offence is punishable by imprisonment for life, with or without caning.

A man cannot be raped under our laws.

1. Why do we need to understand and properly prove rape
In the case of Popoola v State
“the offence appeared to be heinous and heartless. The sentence meted out by the trial court amounts to abdicating its role as a judicial officer. I condemn such type of sentence. The sentence is unnecessarily lenient and loose”.
If rape is not properly proved. Sentencing could be outrageous.

2. Legal Requirement of “Penetration of the Vagina”.
It has been held in several legal and judicial authorities that for rape to be proved there must have been penetration of the vagina, even if slight.
The recent case of the women physically assaulted and brutally sexually assaulted by shoving sticks and ground pepper into their private parts is instructive, this occurred in the Ejigbo area of Lagos state, Nigeria.
This woman has not been raped under our laws and individuals that engaged in that act cannot be charged accordingly.

3. Mere Penetration of the Vagina is not sufficient without corroboration(It could be sexual intercourse and not rape)

In the THE QUEEN V FRANCIS KUFI, The Medical Officer, Dr Onifade examined the complainant and the accused. His evidence bears out the complainant’s story that she had had recent intercourse. He found a recently perforated hymen, and in his opinion, intercourse had taken place up to six days previously, if the parts had not been washed.
He found that the accused had a discharge and the complainant an infection of the vulva and the vagina. He gave the opinion that this might in both cases have been due to gonorrhea, but he could give no definite opinion. This evidence was not enough to establish rape.

4. Prove that the accused was responsible for the penetration
“If it was the accused who tore it and the Doctor did not say so - it means that there was penetration. On the other hand if the hymen had already been torn before that day, penetration would be naturally easier, and there will be no cause to doubt that the penis was inserted into her vagina as testified by the prosecutrix. It was not enough that the prosecutrix alleged the insertion of the accused’s penis Into her vagina or that he lay on her except the penetration can be linked to the accused.

5. Because a witness saw you ontop of her screaming is not even sufficient enough to prove rape
If evidence of a witness has only a limited probative value in corroborating the prosecutrix’s story that the accused was on top of her but not as corroborating the actual act of penetration; If all the witness said on the point was: ‘When I saw the accused on top of X as he was apparently having canal knowledge of her, I saw Rose shaking her legs in resistance.” It cannot stand.

The World Health Organisation (WHO), in 2002, defined Rape as “physically-forced or otherwise coerced penetration, even if slight, of the vulva or anus, using a penis or body parts or an object”.
The Federal Bureau of Investigation in 2012 went a step further to include as a part of the list oral penetration, likewise, the International Criminal Court Tribunal for RWANDA described rape as “physical invasion of a sexual nature committed on a person under circumstances which are coercive”
We hope our law makers adopt this definition into our laws to remove the bottleneck involved in proving rape.

Ojo Edowmonyi Charles
Mackstokes Partners

1 Like

Phones / Re: Can I Use Bb Subscription For Android Through Hotspot? by irepmyuniben: 2:58pm On Mar 18, 2015
it depends on the network.only airtel allows that.
Nairaland / General / How To Make Your Tenant Pay His Rent Promptly Even When He Has No Money by irepmyuniben: 6:41pm On Mar 17, 2015
Tenants in Nigeria are notorious for their refusal or failure to pay rent. It is common practice among tenants to pay the first rent which forms the basis upon which possession of the premises is given to them. Once they are in possession, they begin to default on their obligation to pay rent. At this point, it becomes a tug of war to attempt to collect rent from tenants. Many landlords say that it is easier for a camel to pass through the eye of a needle than it is to collect or recover rents from tenants. This phenomenon of contractual rascality and irresponsibility on the part of many a tenant poses a serious threat to the ability of landlords to reap positive returns on their investment.
What is more, a landlord whose only means of livelihood and sustenance is rental income from his property is doomed indeed. In practice, there a number of remedies at law available to a landlord whose tenant has refused,neglected or failed to pay him rent. For example, a landlord whose tenant is owing rent or arrears of rent can exercise his right of distress.
Distress is the right of a landlord whose tenant is owing him rent to seize the goods or personal property of the tenant. The landlord would sell the goods or chattel of the tenant and use the money realised from the sale to offset the debt/arrears. The enforcement of this remedy is however fraught with several problems. For one,the tenant is likely to oppose or resist the seizure of his property.This might lead to
physical assault or injury being inflicted or suffered by either party.
Secondly,there are a number of restrictions on the enforcement of this remedy at common law, which makes it a cumbersome and time consuming process. These restrictions include:
(a) proper notice must be given to the tenant at the time the distress is taken
(b) after giving notice of distress and possession of the chattels, but prior to marketing the chattels for sale, the landlord must wait five (5)
days and then must have the distrained goods appraised by two (2)independent appraisers;
(c) when selling the distrained goods, the landlord must obtain “the best price available in the marketplace for them”; there is no specific requirement with respect to the process that must be followed for the sale of the goods; however, the landlord can be exposed to liability for making an “improvident” sale ;
(d)distress must be levied during daylight hours,ie after dawn and before sunset. Even when the landlord successfully seizes or distrains the
tenant's chattel,the value of the tenant's chattel might not be sufficient to offset the amout owed in rent or arrears of rent. Also, the landlord might have difficulties with finding ready buyers for the tenant's goods or personal belongings.

(2) Taking of security: A landlord should always demand or insist that the tenant furnishes or advances security in his favour to compensate
him in the event of a failure or default of the tenant to pay rent and other charges. Security simply means something that secures the
fulfillment or performance of an obligation. In other words, security is a property such as a house, a car,shares of a
company,bond,investments and any other thing of value that is temporarily relinquished to guarantee the repayment of a loan or other
financial or legal obligation. Landlords should therefore provide in the lease/tenancy agreement that if the tenant defaults on his
obligation to pay rent as at when due,that the landlord will be entitled to attach and sell a specified property(s) of the tenants.

This covenant or provision is therefore a charge,encumbrance or legal mortgage on the property of the tenant. Property(s) of the tenant that
could be advanced as security for the payment of rent and other charges could the tenant's house,a machine or piece of equipment,land
or his shares,bond,car,goods or any other thing of value. The beauty of this arrangement is that
(1) it encourages the tenant to pay his
rent promptly so as not to lose his property
(2) the landlord can easily,expediently and with little or no expense or otherwise dispose of the property advanced as security for payment of rent and other charges
(3) the landlord can enforce the security and realise the amount due to him as rent or arrears of rent without having to to the courts. We all know how cumbersome, expensive and time wasting litigation is.

In conclusion,the traditional remedies available to landlords at law for recovering of rent or arrears of rent are fraught with difficulties that make enforcement of these remedies ineffective,expensive and time wasting. Landlords are therefore advised to adopt additional measures to against the penchant of tenants for violating or dishonouring their obligation to pay rent as at when due. The conduct, investigations and inquiries into the financial strength and standing of prospective tenants before letting the premises to them

Henry Isiekwe Medua
Partner at MackStokes Partners
www.mackstokespartners.com
Nairaland / General / A Legal’s Perspective On The Issue Of A Cockroach Found In A 7up Bottle by irepmyuniben: 4:46pm On Mar 15, 2015
The Dream of an average Nigerian while growing up is to be catapulted to the ‘League of Millionaires’. One of the numerous ways then was to discover a dead cockroach or a worm in your beverage. The misconception of most of the ‘Prospective Millionaires’ is that this rich multinational companies would enrich you either for the fear of litigation (which most of us are unwilling to go through) or because we may hurt their goodwill (that is if they don’t sign a multi-million naira confidentiality deal with you, you will expose them) but this may not be as easy as it sounds.

Reasons Why this companies may not readily make you a millionaire

(1) The law bothering on consumer protection
It is not a wrong principle of law to believe that every multinational company that produces consumable goods owe you a duty of care. That is a Zobo company should produce only zobo and not zobo and cockroach or Zobo and worm delicacy. This rule is not absolute. The Law expects you to prove negligence on the part of the company and they are as follows:
a. The Company owes a duty of care to the plaintiff (easy to prove)

b. The defendant has acted or spoken in such a way as to break that duty of care (not too easy to prove)

c. The conduct of the defendant was careless (investigations may be required at the location of the company premises to show if the process of production of the beverage can accommodate cockroaches or worm)

2) You must have consumed the content of the drink and have been hospitalised/fell ill.
One of the major requirements of the law is to show damages. Reliance of psychological damage alone is not enough to scream tort except we are talking about actions of fiduciary relationship (Doctor and his Patient, Lawyer and his Client, Pastor and his congregation.
Copy of medical bills, loss of revenue as a result of that illness, medical report to show that the consumption of that particular drink led to the illness is important to show a good cause of action.

3) The Conflict between standard of care and duty of care

Duty of care is what the company owes you. It is expected that every product advertised must meet the minimum standard and must be merchantable/fit for its purpose. The Standard of care on the other hand is what the law has set for any company who embarks on production of food and beverages. A neat company premises, good disposable system, an automated washing and resealing system etc.
Remember rival companies may be desperate and be responsible for that cockroach. So, if your company is neat and impossible to breed cockroaches, then the law may deem them not liable.


4) [b]Someone has succeeded in suing the Nigerian Bottling Company(producers of Fanta) and the distributor of that product in 2008 but got a compensatory damage of about 950,000naira
[/b]Edward Okwejiminor started his suit in 1991 but got judgement at the supreme
court in 2008. 17years litigation(Edwars Okwejiminor v .G.Gbakeji&Nigerian Bottling Company Plc)
The facts of the case are as follows:
‘13th day of February, 1991 he returned from his place of work feeling very hungry and thirsty and as there was no food, he reached out for a bottle of Fanta orange drink from a crate of mineral he purchased from the 1st defendant earlier that day.
While drinking the Fanta orange he allegedly felt some sediments and rubbish down his throat and stopped half way to take a closer look at the contents of the bottle only to discover that the bottle contained a dead cockroach. as a result of his investigations or diagnosis that the appellant was suffering from food poisoning’


5) Hurting their goodwill
The reason why companies may be willing to settle out of court on consumer protection issue is their goodwill. The reaction of the general populace of a 0.9% chance that their product may be harmful is catastrophic. Most people can still recall the setbacks experienced by De-United foods, the makers of Indomie on the purported rumour that people died from the consumption of their product.
Companies are very careful not to overstretch this because the more you pay compensation out of court, the more the cases against them on the same subject matter increases. They do this before you make any revelation in the newspaper. The revelation is what they are preventing.

The information presented is not legal advice, is not to be acted on as such. Every litigant has a particular fact peculiar to him/her that may not have been covered by this article

Ojo Edomwonyi Charles
Partner at mackstokespartners
www.mackstokespartners.com
Phones / Re: Iphone VS Blackberry VS Andriod Users (hilarious Pic) by irepmyuniben: 6:09pm On Feb 20, 2015
First to comment via blackberry

2 Likes

Health / Fear Of Ebola! Patience Jonathan Joins New Vogue Of Greeting, See How She Greets by irepmyuniben: 6:29pm On Aug 14, 2014
Ebola is caused by direct contact with an infected host.

1 Like

Technology Market / Re: PRE ORDER 2.0 - CHEAPEST PRE-ORDER TABLET/PHONE DEALS EVER FROM CHINA. by irepmyuniben: 7:57pm On Aug 10, 2014
It is quite difficult to trust, Trust anyone in this present age. The high number of scam, 419ers is something to be scared of. It is important that we inform you of the credible ones. The ones that are tested and trusted. I have ordered two numy 3g sword tablets
To igando, Lagos state. It is the only company I can recommend to anyone.
Signed,
Ojo Edomwonyi Charles

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