₦airaland Forum

DeepSight:
The Movement for the Defence of Arresting People for Free and Rightful Speech showing up in 5 . . . 4 . . . 3 . .. . 2 . . . 1 . . .

aka the Ronu Slavery Battalion

waice6571:
The day I visited their office around Opebi/Toyin Street in Ikeja, I started suspecting so many things based on the presentation of the staffs on ground that day.

Everything seems awkward to me, especially their investment plan. That was the last time I ever went there

I was never defrauded by them but their expectations explanations that day left so many questions unanswered in my mind.

Fixed

Seun needs 35 more characters to complete the sentence

DeepSight:
The bold (you should say libel and slander, both of which are defamation) should remain civil wrongs for which the wronged person can sue.
This is the principled stand Falana SAN took on the matter of VDM.

He could have joined the bandwagon and gone after him with police. He had the money, power and influence to do so. But he specifically said he would not do so - and the reason is the same - all principled lawyers know that this should not be criminalized.

But slander is spreading false information, which can be very damaging...maybe I ought to put the defamation in quote...not yet proven...Sir Falana is a righteous activist and conscious human being, with the spirit of forgiveness, he will get his good rewards.
(had to correct my earlier premise)

SadiqBabaSani:
This defamation thing is gonna be taken to a whole new level with the use of this new Cyber Crime Act

There's no new Cyber Crime Act. It's the same old one with some amendments. And generally the amendments have the effect of softening the Act.

histemple:
You are correct to a large extent. However, the onus lies on he who alleges to prove.

does the onus not also lie with the police to investigate allegations before arresting those who make arrests?

Sacchi1162:
Typical Nigeria... The big institution bullying the small individual. I hate this country aswr

Typical Nigeria.... The small individuals using access to internet to always bully big instructions. I hate Nigerians

I knew it that use. less guy will definitely be picked up

I saw this coming

Pwan should pay up or they pay up...
Those that have their receipt with you, you guys should try and balance them up or give them theor lands.

lexy2014:
does the onus not also lie with the police to investigate allegations before arresting those who make arrests?

Yes, the police has a duty to investigate and establish that the crime alleged to have been committed, was indeed committed.

But, in the instant case, the police, not being a court of law, is only limited to investigating the crime reported by the complainant.

Thereafter, it's left for the court to determine whether the accused was right or wrong. And whether due process of the law was followed. This would depend on the preponderance of evidence before the court.

dederocs:
It should not be a criminal issue, until investigation has been carried out and proven it is false allegations.

I urge you to read the relevant provisions of the cybercrimes Act?

Take note that if a crime is committed, the victim has a duty to REPORT it to the relevant law enforcement agencies for further investigation and possible prosecution.

If you fail to report it to the appropriate agencies and decide to handle it as you wish (self-help), you may unknowingly contravene certain provisions of the law.

Senior Lawyer, Afe Babalola did same to Dele Farotimi
Fuji singer, Osupa did same to Portable

At the end of the video . Someone said Scott was arrested because he was talking to the police anyhow or he was insulting the police.


Can someone be arrested for taking anyhow? Lawyers please shed more light

SmartPolician:
PWAN didn't have to go through this route. That guy is doing the lord's work and this may further ruin the image of PWAN

They should've just ignored him. I don't know why people keep making this foolish mistake. Other people will now get involved, people who pwan has defrauded will get involved, Scott will get released and this case will blow up more than pwan ever expected

histemple:
Yes, the police has a duty to investigate and establish that the crime alleged to have been committed, was indeed committed.

But, in the instant case, the police, not being a court of law, is only limited to investigating the crime reported by the complainant.

Thereafter, it's left for the court to determine whether the accused was right or wrong. And whether due process of the law was followed. This would depend on the preponderance of evidence before the court.

since you say that the police is not a court of law, how did the police establish that a crime was committed before making said arrest?

who will provide this "preponderance of evidence" that will be presented before the court?

SavageResponse:
Fixed

Seun needs 35 more characters to complete the sentence

Thank you for the correction.

histemple:
I urge you to read the relevant provisions of the cybercrimes Act?

Take note that if a crime is committed, the victim has a duty to REPORT it to the relevant law enforcement agencies for further investigation and possible prosecution.

If you fail to report it to the appropriate agencies and decide to handle it as you wish (self-help), you may unknowingly contravene certain provisions of the law.

my point is reporting a situation of supposed libel or defamation should not be followed by arrest, rather investigations carried out, to see if there is an element of truth in the publication...if it is truth it should not be prosecuted as a criminal case.

TopNotchTrends:
The Nigerian Police have arrested Scott Iguma for allegedly defaming PWAN group. Scott has been on the neck of PWAN group as he has been steadily calling them out for selling receipts instead of land.

It was learnt that PWAN group used the DCP to arrest Scott Iguma but an ally of PWAN group has claimed that PWAN group was not responsible for the arrest of Scott Iguma.

Activists like VDM, Seaking and Harrison gwanishu have added their voice my calling for the release of Scott Iguma.


https://www.youtube.com/watch?v=VSgl60sJENU?si=PYukjQbswF2sUlBn

He has been released since yesterday

TopNotchTrends:
The Nigerian Police have arrested Scott Iguma for allegedly defaming PWAN group. Scott has been on the neck of PWAN group as he has been steadily calling them out for selling receipts instead of land.

It was learnt that PWAN group used the DCP to arrest Scott Iguma but an ally of PWAN group has claimed that PWAN group was not responsible for the arrest of Scott Iguma.

Activists like VDM, Seaking and Harrison gwanishu have added their voice my calling for the release of Scott Iguma.


https://www.youtube.com/watch?v=VSgl60sJENU?si=PYukjQbswF2sUlBn

Coincidentally, I saw this other video right BELOW in my YouTube timeline as well. Interesting.


https://www.youtube.com/watch?v=gRI9jJr_oXw?si=NV2h3k8teArtZoVF

lexy2014:
since you say that the police is not a court of law, how did the police establish that a crime was committed before making said arrest?

who will provide this "preponderance of evidence" that will be presented before the court?

Let me give you an example of how the law operates.

Let us say somebody raped your daughter. Then rather than reporting it to the police, you decided to "teach him a lesson by beating him to death, you will be arrested by the police and charged to court for murder.

And it's not the duty to ask whether the deceased actually raped your daughter. In fact, it has become immaterial.

histemple:
Let me give you an example of how the law operates.

Let us say somebody raped your daughter. Then rather than reporting it to the police, you decided to "teach him a lesson by beating him to death, you will be arrested by the police and charged to court for murder.

And it's not the duty to ask whether the deceased actually raped your daughter. In fact, it has become immaterial.

I didn't ask you for example. I asked

1. since you say that the police is not a court of law, how did the police establish that a crime was committed before making said arrest?

2. who will provide this "preponderance of evidence" that will be presented before the court?

histemple:
Let me give you an example of how the law operates.

Let us say somebody raped your daughter. Then rather than reporting it to the police, you decided to "teach him a lesson by beating him to death, you will be arrested by the police and charged to court for murder.

And it's not the duty to ask whether the deceased actually raped your daughter. In fact, it has become immaterial.

It may not be entirely immaterial. It may go to establishing provocation which may mitigate the punishment. If there hadn't been time for passion to cool. . .

DeepSight:
It may not be entirely immaterial. It may go to establishing provocation which may mitigate the punishment. If there hadn't been time for passion to cool. . .

Given your response, I am convinced that you now understand where I was pointing to.

First, is that the police lacks the interpretative jurisdiction to arrive at such decision as to whether or not the actuating circumstances, and the timing of actions, align with the relevant provisions of defense of provocation.

That, is entirely the job of the court.

But let it be understood that the police cannot exonerate a premeditated murder simply because there was a provocation. Even when the defense of provocation has been established, the court often resort to reducing the sentence ONLY.

histemple:
Given your response, I am convinced that you now understand where I was pointing to.

First, is that the police lacks the interpretative jurisdiction to arrive at such decision as to whether or not the actuating circumstances, and the timing of actions, align with the relevant provisions of defense of provocation.

That, is entirely the job of the court.

But let it be understood that the police cannot exonerate a premeditated murder simply because there was a provocation. Even when the defense of provocation has been established, the court often resort to reducing the sentence ONLY.

That's what I said. . . "Mitigating factor.
. Reduction of punishment."