₦airaland Forum

Biglive and flavour magazine presents- THE COMEDY FACTORY PRESENTS AFRICA VS THE WEST INDIES. WHO WILL COME OUT ON TOP , WHO ARE YOU SUPPORTING??Featuring Obonjo Comedian ,Peter Francis ,Nico Yearwood, Kane Brown,Victor comedian Daniels,Dane J,Baptiste and MCee Comedian



http://www.naijahood.com/2011/10/comedy-factory-presents-africa-vs-west.html

Naija with all the intrigues !!

    Entry for this year lottery starts by 12 noon today.  apply directly to the US department avoid  fraudsters.

switch47:
American visa lottery is here again  Dv 2013 green card  program. The Diversity Visa(DV) program registration fore this year is here again. for those who may wish to apply
   
  http://www.naijahood.com/2011/10/usa-visa-lottery-2011-dv-2013-visa.html










American visa lottery is here again  Dv 2013 green card  program.

follow the link all the instructions you need are on the official website.

American visa lottery is here again  Dv 2013 green card  program. The Diversity Visa(DV) program registration fore this year is here again. for those who may wish to apply
   
  http://www.naijahood.com/2011/10/usa-visa-lottery-2011-dv-2013-visa.html










American visa lottery is here again  Dv 2013 green card  program.

yes www.hypernigeria.net

According to Robert MC Namara, a former United States Secretary of Defence " Any Society that seek to achieve adequate military security against the backdrop of acute food shortages, population explosion ,low level of productivity and per capital income,low technological development,inadequate and insufficient public utilities and chronic problem of unemployment has a false sense of security"
Nigeria has not been able to surmount any of these challenges , there are too many "little" things wrong with Nigeria cumulating and snowballing into a very big problem. Nigerians are already used to most of the so called smaller problems , it is now taken as normal not to always expect constant electricity supply, it is now seen as normal for the police to extort money from motorists at gun point , brutalize and kill citizens extra judicially , corruption is seen as a norm and most people are only waiting for their turn to get there and loot the national treasure , are we all mentally corrupt? we are satisfied with mediocrity , we have simply lost it !!



Opinion
Yes Nigerians can be said to be mentally corrupt at the moment, For example Governor Fashola is only a good governor by Nigerian standard but most Nigerians will never see beyond their nose in that perspective, not in a country where we praise (NEPA) PHCN when they give us "uninterrupted" power supply for 6 hours you here words like " oh!! at least they have tried today o "!! Perspective we need some kind of revolution, regional maybe!!





http://www.naijahood.com/2011/09/independence-nigeria.html

D’Banj and Don Jazzy nabbed for drug trafficking
D’Banj’s fans has been dazed by by the report that he and his soul brother of the Mohits had been arrested by local authorities in the United States of America for alledged drug trafficking.
The “gist” was so “stunning” that it shows that the Mohits guys were apprehended “ a day after the FBI got an anonymous tip that the Nigerian duo were arriving the JFK airport “loaded” .------------------------------------------------------------------------------------------------------- http://www.naijahood.com/2011/09/dbanj-and-don-jazzy-nabbed-for-drug.html FULL GIST

The key word here is [b]diligent [/b]prosecution

The National Human Rights Commission on Tuesday in Abuja said it has submitted its report to the minister of youth Development, Mr Bolaji Abdullahi having concluded investigation into the gang-rape of a female student.

The commission urged the Nigerian police to “conclude their own investigations as soon as possible and arraign the suspects before a court of competent jurisdiction

The commission had earlier met recently with the Minister of Police Affairs, Navy Capt. Caleb Olubolade (retd), and urged him to direct the police to investigate the matter.

A statement by the NHRC’s Director of Public Affairs and Communication, Mr. Muhammad Ladan, quoted the Acting Executive Secretary, Mrs. Oti Ovrawah, as welcoming the progress recorded in the investigation of the gang rape.

.The Commission called for adequate police protection and a full medical examination of the victim, whom, it claimed, might have been exposed to sexually transmittable diseases and possible unwanted pregnancy.

The NHRC said, “Police protection and medical care for the victim as well as diligent prosecution of the suspects are critical issues to be addressed at this point. The gang rape is cruel, dehumanising and unacceptable. It is a primitive act of violence against womanhood and those involved in this dastardly and beastly act should be made to give a full account of their action.”

The NHRC also flayed the initial dismissive approach by the relevant authorities (namely the ABSU University Authourities and the Abia state Government) in the matter without a thorough investigation, describing it as “embarrassing.”
http://www.naijahood.com/2011/09/national-human-rights-commission.html

[quote author=Sisi_Kill link=topic=768717.msg9230143#msg9230143 date=1317130963]WTF is a "Profound Lawyer In progress"?

Is he an intense lawyer in progress?   

How does one become an intense lawyer in progress? 

Does one exist in an extreme degree of lawyering to be a Profound Lawyer in progress? 

How does one exist in an extreme degree of lawyering? 

Do you drown yourself in law to an extreme degree to become a profound Lawyer in Progress? 

Who makes the call on how extreme one must enmesh oneself to become a Profound layer in progress? 

All these questions are making me dizzy, going back to my original jare. . .

WTF is[b] Profound Lawyer in Progress?[/b]  [/quote]THe Guy sounds more like a diploma in Law student. hear what a real LAWYER has got to say.

  @ All
       Lord Babs is a clown and i will advise you guys to attach little weight to all his Latin maxims  it as nothing to do with superior knowledge of the law he sounded more like a law student to me. i cant believe seun and the rest took the guy serious perhaps he meant to say it is only the court that can interpret the law.
     Well , as a lawyer who is aware that the new trend in the legal profession is to explain things/issues in simple language that can be understood by everybody, especially in an open forum where majority of users are not lawyers.

By virtue of my profession as a legal practitioner , i will try and explain  what we have on ground.

In the case before us and what we can deduce from the video clip, it appears to the objective mind that the Lady in the video has not consented to the act and she was been forced to continue. there was also complete penetration which is a vital ingredient to prove that rap.e  has occurred.
  The problem is that it is not easy for the judge/court to just  step into the arena and decide that having seen the video l[b]ike Seun has stated[/b] , the suspects are hereby found guilty of the "Offence" the court does not work that way. the court acts and is limited to how well the prosecution conducts its case. violation is a criminal offence and the burden of proof is on the prosecution to prove the offence and this must be proof beyond reasonable doubt.
  The prosecution must conduct its case diligently for the expectation of the general public (especially the honorable laymen of the public) to be actualized.
    The Victim must be identified and must also be willing to come out to the open to identify the suspects as those she had an encounter with on the fateful day,the identification of the scene of crime (location where the act took place) should also be identified.,she must be willing to aid the prosecution in their investigation. she must also be willing to testify against the suspects(accused) in the open court ,
    The Prosecution's next hurdle once investigation is complete is to come to charge the accused to the open court , open its case, call its witnesses (Prosecution Witness(es) to testify in the open court , present the controversial video clip to the open court so as to establish its case that the act of violation actually took place and that there was penetration/ unlawful carnal knowledge and gross intimate assault. the prosecution will then seek to tender this as an exhibit in the open court. The prosecution then closes its case and the defense will open his own case in order to cast doubt on the prosecutions case. there are several options for the defense to adopt  including a no case submission if it feels the prosecution's case is so bad that it will "self destruct"
   What i am trying to  say in essence is that securing a conviction depends on the strength of the prosecutions case and more importantly  the diligence with which it is being carried out. and to some extent on how strong a defense lawyer can conduct the defence of the accused persons.


Going back to the analysis of the tape itself it can be seen that there was no consent and if there was consent previously, it could be seen that consent was withdrawn as could be seen on the video clip falling under the definition  of violation under   
  according to section 357 of the Criminal Code
Any person who has 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 threat or intimidation of any kind,or fear of harm,or by means of false and fraudulent representation as to the nature of the act,or, in the case of a married woman,by personating her husband,is guilty of an offence which is called violation.



http://www.naijahood.com/2011/09/absu-gang-violation-case-will-victim-get.html

@ All
      Lord Babs is a clown and i will advise you guys to attach little weight to all his Latin maxims  it as nothing to do with superior knowledge of the law he sounded more like a law student to me. 
    Well , as a lawyer who is aware that the new trend in the legal profession is to explain things/issues in simple language that can be understood by everybody, especially in an open forum where majority of users are not lawyers.

 By virtue of my profession as a legal practitioner , i will try and explain  what we have on ground.

In the case before us and what we can deduce from the video clip, it appears to the objective mind that the Lady in the video has not consented to the act and she was been forced to continue. there was also complete penetration which is a vital ingredient to prove that rap.e  has occurred.
 The problem is that it is not easy for the judge/court to just  step into the arena and decide that having seen the video like Seun has stated , the suspects are hereby found guilty of the "Offence" the court does not work that way. the court acts and is limited to how well the prosecution conducts its case. violation is a criminal offence and the burden of proof is on the prosecution to prove the offence and this must be proof beyond reasonable doubt.
 The prosecution must conduct its case diligently for the expectation of the general public (especially the honorable laymen of the public) to be actualized.
   The Victim must be identified and must also be willing to come out to the open to identify the suspects as those she had an encounter with on the fateful day,the identification of the scene of crime (location where the act took place) should also be identified.,she must be willing to aid the prosecution in their investigation. she must also be willing to testify against the suspects(accused) in the open court ,
   The Prosecution's next hurdle once investigation is complete is to come to charge the accused to the open court , open its case, call its witnesses (Prosecution Witness(es) to testify in the open court , present the controversial video clip to the open court so as to establish its case that the act of violation actually took place and that there was penetration/ unlawful carnal knowledge and gross intimate assault. the prosecution will then seek to tender this as an exhibit in the open court. The prosecution then closes its case and the defense will open his own case in order to cast doubt on the prosecutions case. there are several options for the defense to adopt  including a no case submission if it feels the prosecution's case is so bad that it will "self destruct"
  What i am trying to  say in essence is that securing a conviction depends on the strength of the prosecutions case and more importantly  the diligence with which it is being carried out. and to some extent on how strong a defense lawyer can conduct the defence of the accused persons.


Going back to the analysis of the tape itself it can be seen that there was no consent and if there was consent previously, it could be seen that consent was withdrawn as could be seen on the video clip falling under the definition  of violation under   
according to section 357 of the Criminal Code
Any person who has 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 threat or intimidation of any kind,or fear of harm,or by means of false and fraudulent representation as to the nature of the act,or, in the case of a married woman,by personating her husband,is guilty of an offence which is called violation.



http://www.naijahood.com/2011/09/absu-gang-violation-case-will-victim-get.html

If you are really interested in the Legal implication and analysis   check out this thread

https://www.nairaland.com/nigeria/topic-766695.0.html#msg9227312



The Offence is defined in section 357 of the Criminal Code as follows
" Any person who has 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 threat or intimidation of any kind,or fear of harm,or by means of false and fraudulent representation as to the nature of the act,or, in the case of a married woman,by personating her husband,is guilty of an offence which is called rap e.

http://www.naijahood.com/2011/09/absu-gang-rape-suspects-identified.html

it appears the victim has been identified and at least two suspects apprehended . having said this it should not be difficult to proceed with the investigation and charges as long as there is diligent prosecution.

Contrary to BBC reports that the two suspects were arrested purely on internet pictures, we can not be too sure as the minister for youth development has stated 2 days ago that a suspect has been identified conclusively.
http://www.naijahood.com/2011/09/gang-rape-suspect-identified-minister.html

Tinubu was reported to have hired 11 senior Advocates of Nigeria and 21 other Senior Lawyers.

Pukkah:
Did she crash through the roof as a human or as a 'cat'? If they apprehended her (as a human being) after crashing through the roof then she has a case to answer regardless of how she got there.

She crashed through the corrugated iron sheet and right through the asbestos (the ROOF) into the complainants(a couple) room in the middle of the night , while all doors and gate were locked.

switch47:
That is another point. what if the victim has been murdered?? that is a very big qustion?

without the victim it will be difficult to convict the accused?

Seun:
Poor woman.

Poor Woman?? what was she doing on top of another man's roof in the middle of the night . she crashed through the ceiling.

GoldCircle:
thought cases of witchcraft and sorcery were not admissible under the law? can any lawyer throw some light. it's indeed baffling!

As a Lawyer i can tell you that The Nigerian criminal code criminalized in section 210 (a) of the Criminal code,cap 30,Vol.ii Laws of ondo state of Nigeria,1978 But the admissibility of actual spiritual power manifesting is not envisaged by the ACT. the case was adjourned for today but unfortunately i was not able to go to the magistrates court. One thing is incontrovertible. the accused actually crashed through the roof of the complainant in the middle of the night !!

Range Rover sport

That is another point. what if the victim has been murdered?? that is a very big qustion?

Luckily. the clearest face on the video is that of the victim, any serious Government/ law enforcement agency should possess enough level of intelligence to locate the Victim in person in no time. if we can Not do this in Nigeria then it is A SHAME !!

ABSU Gang Rape Suspects Identified - The Legal Implication !!

The names of possible suspects and pictures in circulation at the moment are as follows :
1 Ifeanyi Justin Ogu
2. Jonah Uche (final or extra year accountancy)
3. Zaki (resides in Duberville Lodge, ABSU)
However only one suspects has been identified “conclusively” according to The Minister of youth Development Mallam mobolaji Abdulahi.
The Controversial gang rape video has gone viral on the internet and has a record of close to 1.4 million downloads (and still counting).

The Minister of youth Development Mallam mobolaji Abdulahi earlier said today that in-spite of the identification of the suspect of the ABSU Gang rape it may be difficult to bring them to book on the charge of rape. He was quoted to have said
" Some legal expert have told us that it may be difficult to convict the rapists because the video does not reveal the faces of the victims (suspects i believe he meant to say)

Now lets make an attempt to solve this puzzle logically and as a legal practitioner . i have worked at the National Human rights commission and i know how the system works. In the video, the girl’s face is clearly seen but the faces of the five boys remain blurred. One could clearly hear them speak Igbo and English language revering to each other by names; for instance, one of the rapists said, “Wisdom don dey talk now.” Other names the rapists called themselves during the commission of the act in the video include: Chisom, Zaki, Uchenna. Zaki even bragged to the victim, “Do you know who Zaki is?” The fifth name is a little muffled but sounded very much like Ifeanyi. One of them identified himself as a 400 level law student, while another claims to be on IT Industrial attachment.
The first thing to do is to ensure that the identifies suspects(s) are questioned and interrogated (of course they are at liberty to deny their involvement especially with the aid of a very good lawyer. The identification of Lady /Victim (in person) in the video is very important to prove its case against the suspects , she will be in a perfect position to identify the suspects and the location of the crime which will also be very helpful to the prosecution.
An important step the government can take now is to openly appeal to the victim to come forward and help bring the suspects to book. it is quite unfortunate that most rape victims would rather keep quiet and suffer the trauma in silence as they are afraid for stigmatization from the public if they ever come forward with their testimonies.
Rape is the most serious kind of sexual assault and is punishable with imprisonment for life with or without whipping according to the Nigerian Criminal code.
The Offence is defined in section 357 of the Criminal Code as follows
" Any person who has 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 threat or intimidation of any kind,or fear of harm,or by means of false and fraudulent representation as to the nature of the act,or, in the case of a married woman,by personating her husband,is guilty of an offence which is called rape.
" Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence and every person who aids another person in committing the offence are all criminally responsible under section 7 of the Criminal code.
this includes the person making the video of the rape and possibly the owner/occupant of the apartment/room in which the offence was committed are also criminally responsible for rape , conspiracy to commit rape and facilitating the commission of the offence.
It is clear from the video that the act of rape actually occurred, the suspects has been identified and we need to identify the victim in person and possible counsel and convince her to identify and testify against those who raped her.

http://www.naijahood.com/2011/09/absu-gang-rape-suspects-identified.html

http://www.naijahood.com/2011/09/gang-rape-suspect-identified-minister.html
The names and faces of the ABSU Gang rapists unmasked !!

t is now a notorious fact that the Former governor of Lagos state has been dragged before the code of conduct tribunal ,CCT sitting in Abuja on three count charge that he operated 10 foreign accounts while in office between 1999 and 2007.
A mild drama ensued at the tribunal yesterday while the trial was on , while the prosecution counsel and defence counsel were busy having their verbal warfare on some preliminary issues Tinubu remained comfortably seated at the gallery, a situation that prompted the prosecution Lawyer to insist that he should mount the dock
“Before we proceed Sir, I wish to make an observation. This is a criminal matter, and by the rules of this court once an accused is before the tribunal, a chair is placed for him at the dock to sit and listen to the proceedings.”
More at the source

http://www.naijahood.com/2011/09/tinubu-standing-trial-or-sitting-trial.html

t is now a notorious fact that the Former governor of Lagos state has been dragged before the code of conduct tribunal ,CCT sitting in Abuja on three count charge that he operated 10 foreign accounts while in office between 1999 and 2007.
A mild drama ensued at the tribunal yesterday while the trial was on , while the prosecution counsel and defence counsel were busy having their verbal warfare on some preliminary issues Tinubu remained comfortably seated at the gallery, a situation that prompted the prosecution Lawyer to insist that he should mount the dock
“Before we proceed Sir, I wish to make an observation. This is a criminal matter, and by the rules of this court once an accused is before the tribunal, a chair is placed for him at the dock to sit and listen to the proceedings.”
More at the source

http://www.naijahood.com/2011/09/tinubu-standing-trial-or-sitting-trial.html

BlueDiva:
That won't be an excuse if we are kicked out.

Rubbish team playing another rubbish team.

nateevs:
Tactics have changed. Every player except Lukaku behind the ball, invite them in, then press and counter.

story    

Interesting!!!

Jakumo:
Seatbelts are only necessary for ignorant drivers who fail to invest in "traditional means" of avoiding road mishaps.

With wide selections of smoke-dried animal parts and magic Voodoo talismans readily available in the Juju sections of most African marketplaces, there really is NO excuse for not having a couple of monkey skulls dangling from the rear view mirror, deployed to render seatbelt and airbag technology obsolete in the Native African context, which even the white man who invented the car can never comprehend.

Dont be ridiculous.

The most important question is if he actually has something to hide. it is almost a notorious fact that Tinubu is not clean
http://www.hypernigeria.net/2011/09/senior-advocates-set-to-defend-tinubu.html

In the Civilized world, those responsible for enforcing traffic laws obey the laws themselves, but in Nigeria , it is not uncommon to see Police officers and Vehicle inspection officers drive without the use of seat belt. do they believe they are above the law? what is our government doing about every little things wrong with the Nigerian society? The Road Safety Corps members do not violate the seat belt rules but must as a matter of fact be able to enforce this rules against everybody no matter who.
pictures in source below

http://www.naijahood.com/2011/09/overzealous-abuja-vios.html