₦airaland Forum

BarrElChapo:
The suspect ought to be arraigned in court within 24 hours where there is a court of competent jurisdiction within a 48 kilometer radius from the place of arrest or 48 hours where there is no court of competent jurisdiction within a 48 kilometer radius from the place of arrest, unless he is suspected of a capital offence.

Wickedtruths:
This speaks to time of arraignment, not location for arraignment.

BarrElChapo:
It does speak of both. The police station and the court in which a crime is committed has the jurisdiction to adjudicate over a matter.

mrBlunt:
Are you asking this question? These cases have been viral online. Do a quick check: Farotimi published that Afe used his influence and wealth to buy favourable judgements from the Supreme Court, etc; Angelo repeatedly accused Mercy of witchcraft. These are heavy accusations tantamount to 'murder' without cocking a gun, especially as the plaintiff is able to established that such publications (libel or slander) has done a damage to their image in the sight of right-thinking persons.

zenburster:
How many people will Mercy arrest at this point?
[b]
Go to TikTok, how many of those people will she arrest?

This is a Sisyphean task she has embarked on.

And its only the police she is using who will gain from all this.[/b]

Chucks13:
Your judgement is very bias I mean extremely bias are you trying to play tribal sentiment or what?

She chose to be quiet they said she is a fool and she is guilty. She responded they said she is over-sabi and arrogant. Same you people that said she should approach law enforcement agency now blaming her again for trying to defend herself.

Pls how cool it is for someone to call you or your sister or your mum a witch to the extend your little kids suffering from the stigma in their schools and you will keep quiet?

Biko, na wetin concern Angela Okorie with matter between Mercy and her jealous childhood friend, wetin concern her?

DeepSight:
+
What an answer.
When Yaba is already mentioned there.

Anyway the correct answer is that Panti, the great and infamous, is that street off Herbert Macaulay Road where the darkest arts of hell fire are practiced by the police.

Chucks13:
Your judgement is very bias I mean extremely bias are you trying to play tribal sentiment or what?

She chose to be quiet they said she is a fool and she is guilty. She responded they said she is over-sabi and arrogant. Same you people that said she should approach law enforcement agency now blaming her again for trying to defend herself.

Pls how cool it is for someone to call you or your sister or your mum a witch to the extend your little kids suffering from the stigma in their schools and you will keep quiet?

Biko, na wetin concern Angela Okorie with matter between Mercy and her jealous childhood friend, wetin concern her?

Brendaniel:
I just see this as Legal bullying, if you claimed somebody defamed you, you charge the person to court, let it now be that the person is rejecting court summons, then the court effects an arrest but...

You find out with legal bullying that happens a lot in Nigeria, it is the other way round, you claim someone defamed you, you arrest an detain the person before taking the person to court, haven't you already judged and sentenced the person before allowing the person to defend himself with evidence of his/her claim against you and you see some Nigerians here supporting this legal bullying...

I will list cases here for example:

1. Afe Babalola vs Farotimi - Legal Bullying

2. Mercy Johnson vs Angela Okorie - Legal Bullying

3. Peter Obi vs Adeyanju - Legal process

4. Erisco vs The pregnant woman - Legal Bullying

If we are to go by the examples listed above, to me, only Peter Obi followed the right process and has shown good leadership example among these people listed in that regard, even the Lady in the United States that accused Macron of marrying a man was not arrested, she was only charged to court and she said she will defend it with facts, same with those calling Michelle Obama a man, have you ever seen anyone of them arrested for doing that? Highest if Obama is angry, he will charge them to court, let it now be that the the court decides to arrest them.

LordReed:
Defamation is a criminal offence in Nigeria so you can be arrested for it. But I do agree most of these people are just using the system to bully their perceived enemies.

Brendaniel:
Defamation can and should be determined by the courts, yes it is a criminal offense but who exactly determines truth from defamation?


Shouldn't it be the court? not even police have the power to do that, so why arrest someone before taking the person to court?

So if I saw a man kill someone and I say I saw this man kill someone, then should that warrant an arrest or detainment first before taking me to court to prove with my evidence ?

it means the system is already biased, let it be I am unable to prove that the man killed him then you can then classify it as defamation, arresting before charging to court will stifle people coming out to speak the truth especially against big personalities...

It will also kill freedom of speech, the court should be the one deciding what is defamation and what is not defamation not the the police or big personalities...

LordReed:
So you mean murder suspects should not be arrested because the courts have not determined the guilty party yet? That is not how criminal law works. The police are tasked with investigating criminal activity, apprehending suspects and arraigning them before a competent court.

Brendaniel:
Have you ever heard there is freedom of killing?

But you hear there is freedom of speech, the 2 are not the same, so don't compare them, apprehending is different from arrest, has the complainer filed a charge in court and the person refused to come?

That is why there is a court, if I said something about you. it could be true or it could be a lie, it is for the court to decide that but killing you, it is not the court that decides that you are dead or alive, and that is why even when there is no evidence or witness that I killed you it is hard for the police to even arrest me...

So for defamation, it is for me to prove if I Lied against you or not in the court, so If I am speaking the truth about the evils you have done and I am arrested before taken to court and still locked in prison while going to court, is that not injustice to me?

So I'm being punished for speaking the truth?

Listen to yourself...

The problem with you guys is that you hate looking at things from both sides, arresting before charging the person to court is wrong, police can summon you for explanation and evidence but not arrest you, except you refuse to show up, arresting you before charging you to court is already infringing on your rights on freedom of speech, let the court decide what is defamation...

You know sometimes people like you will be talking this way till it happens to you or a family member where someone does something bad against you and you speak out then the person comes back for you in the name of defamation just because he might have more money than you or connection, then you will know how painful it is.

I'm not praying that bad thing should happen to you, but I'm just letting you know, that you should try and be as logical as possible when dealing with these type of matters...

LordReed:
Freedom of speech is not freedom to commit crimes.

LoLz. Stop being emotional and personalising this matter. This is the law, defamation is a criminal act, your mini meltdown doesn't change it.

Brendaniel:
What exactly is the crime here?

Can you tell me the meaning of defamation?

LordReed:
Legal Framework: Sections 373-381 of the Criminal Code and Sections 391-395 of the Penal Code define criminal defamation, covering both libel and slander.

Online Defamation: Under Section 24 of the Cybercrimes Act 2015, online communication intended to annoy, insult, or cause hatred, which is false or offensive, is also criminally liable.

Civil vs. Criminal: In addition to criminal charges, victims can sue for damages in a civil tort claim for defamation.

Definition: It involves the publication of untrue information that lowers a person's reputation, exposes them to ridicule, or injures their profession.

Brendaniel:
Thank you, so when it is true, what do you call it?

HelenaWills:
Not funny. Bleh

LordReed:
You get to prove it is true in court. Lemme see how you prove someone is a witch in court.

If it is true then it is not defamation, simple.

Meanwhile still waiting for you to show me any legal framework that allows you via freedom of speak to speak defamatorily about someone.

Brendaniel:
So if it is true and the person was able to prove it in court after being arrested and detained throughout the court proceedings that maybe took months or years, what should be done in that regards?

LordReed:
Not answering any more of your questions till you answer mine.

Show me any legal framework that allows you via freedom of speech to speak defamatorily about someone.

Brendaniel:
The question is how do you know a person's comment is defamatory( a lie) by just reading it?

And if you say that it is reason you have to arrest the person to prove it in court, it means you have judged the person before giving the person the chance to prove his statement.

And if the person is now innocent by proving his statement in court, so it is good you arrested first, dehumanized him and humiliated for speaking the truth?

That's why I told you, you are not the one, not even the police to decide if a comment is defamatory or not, only the court has the power to do that.

That's why I asked you, how do you know a person's comment is defamatory by just reading it, do you know if it is a lie or true?

What mechanism did you use to determine it a lie or true for you to arrest the person first before taking the person to court ?

Haven't you already judged the person?

LordReed:
Then I take it you have no legal framework for claiming freedom of speech supports defamation. You simply speaking from a what you feel perspective.

The police are tasked with investigating criminal allegations, if they have sufficient prima facie evidence to have you detained and arraigned then they have done their job. The court is where you now prove the allegations are false.

If you are sure or you are acquitted then you can counter sue\sue for damages.

Brendaniel:
So you conclude that any person who talks bad about another person should be arrested first before being taken to court?

LordReed:
Do you know what the word investigate means and entails?

Brendaniel:
What investigation has been done?

Did you read of any summon by the police that was rejected?

LordReed:
You tell me since you are the one making the allegation.

It is funny how you never seem to be able to answer any questions directly. You couldn't give any legal framework to support your position nor can you answer a simple question of definition.

Brendaniel:
The article is here, there is nowhere they said she was summoned based on investigation, she was only arrested straight, so where is the investigation you are talking about?

The article is still here, go and read it, what investigation are you talking about?