TyroneP's Posts
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Cosmatikka:The crime is under reported... Official crime statistics report are not always complete in the media. What we're reading now is not even preliminary investigation report by detectives. It's a media report which might only constitute 10% or less of the investigation. It's a small region with big mouths and non-state actors(UGM). They'll definitely establish a nexus with other happenings which are not reported by the media but known to the security agencies. |
Fiscus105:Yea, you're right and Akpabio was right too. Most Nigerians don't know that big wigs in APC now were formerly landlords in PDP. They're currently in charge of the political structure. The differences are the names then one in power and the other opposition. That is the major reason most of them are political flirt- defection made easy. Nigerians should understand the political culture. |
Joclebs:College of Education, Ikere-Ekiti- NCE Computer Science/ Physics University of Ado-Ekiti (UNAD)- Bsc.Ed. Computer Science Education National Open University of Nigeria (NOUN)- Bsc. Criminology and Security Studies United Nations Institute of Training and Research (UNITAR)- MSc. Conflictology College of Criminology & Criminal Justice - (Florida State University) Msc. Criminology College of Criminology & Criminal Justice - (Florida State University) PhD. Student - Criminal Justice Administration |
Are Criminals Born or Made? The society is riddled with crime. This is because the environment can only be enjoined in a secured form. Crime threatens peace, safety and security of lives and property as such members of the society will continue to live in fear when crime occurs, either in its non-violent form or sophisticated form. Crime represents the unknown and when this situation exists at a high level it causes anxiety and mortal terror among the citizenry. Example of this is what we are experiencing on daily basis in the country. Criminals derive mental satisfaction from their acts. The statement 'Are criminal born, or made? is wide reaching and has remained the subject of many debates. Beginning several decades ago with social and criminal anthropologists wondering at causes of criminality and deliequency and set about to investigate them. Most theorists at the time believed that it had to be deep-rooted traits, an innate tendency. Over the years that followed, many other sociologists and psychologists have tried to answer this complicated question with some staying on the side of biological causes such as heredity, and some looking further into environmental causes. There are many factor surrounding this arguments for both sides. Evidence now also suggests that criminality is linked to economics and income inequilities. Glaser & Rise (1959) found unemployment to be a significant factor in property crime. They also found out that deliequency is inversely related to unemployment; that is, deliequency is high when unemployment is low and vice versa. They suggested that this might be due to the fact that in times of unemployment, parents were more available to their children. In furtherance to this, Block found in 1979 that it is young adults who are most likely to have criminal tendencies if they are also not employed. It is therefore a very complex and ongoing argument whether criminals are born or made. Another study by Goring postulated that crime was neither by environment nor heredity, but as a result of an interaction between the two. A view held by many cirminologists today. Modern studies and theories are much in favour of environmental causes of criminality which can be controlled or repressed. Therefore, criminality is certainly not an innate tendency, but a lifestyle imposed upon certain individuals by their environment as a result of interaction with the environment. Nelson T. Sande (MCrim.FL) |
SHINJA:She can't be 150 pounds like you stated in the post. That's 68 kilograms and besides $10 million is a lot of money in the States. |
jamesharryson:I wish you understand the elements/ingredients of kidnapping or murder in a case like this. However, in his new post, he has decided to do what the lady's family want. You can help him with crowdfunding for his new plan. |
natsuDragneel:You can increase your daily limit on your mobile app. Zenith Bank App is equipped with such feature. |
OKOATA:Despite 95% DNA sequence, human-chimpanzee crossbreed is not possible despite clinical trials by a Soviet biologist and China in the 1960s. |
Badboibipo:You're right about your assertions considering what's going on in our environment these days. But to be candid, are you a good man? |
dawnomike:Humans can't be crossbreed with any animal. We share about 95% DNA sequence with chimpanzee yet it's not possible. You can read more about this. |
Chidi2022:Are all cultural practices good irrespective of the tribe? I want you to answer this honestly- ranging from drinking water used in bathing corpse and lots more? Op stated in his post having demonstrated good faith by financing her healthcare by the virtue of sharing a love child with her and not kinship. He's still indebted to individual or groups. Let's be realistic about things and not cause him emotional or mental imbalance. Put yourself in his shoes and walk a while. |
Alexgeneration:The fact that she was sick was a public knowledge to the family. You should understand. These are issues I solve at work everyday. Everyone is spiritual in their own way and in their own cultural practices which gives room to relativism. You don't relate civil wrong/matter with criminal matter. They're different things. |
Alexgeneration:He's done his best by notifying them of her demise to rule out culpability. Hearsay is not admissible in court. She doesn't need to take the corpse to the village. Her people should come for that. It is his own decision if he will take the body to the village or attend the funeral. What they're toiling with is a criminal case in the embryo if op decides to make a move on that. |
The last may not have been heard of Yul Edochie’s decision to marry a second wife, as members of his family have distanced themselves from the new development. The actor, on his part, has maintained that marrying a second wife was one of the best decisions he has ever made in life. Recall that the actor during the week set tongues wagging on social media after he unveiled the birth of his son by his second wife, Judy Austin Muoghalu to the world. His post on Instagram instantly went viral and since then, the actor has been receiving backlashes from different quarters, with many declaring him unfit to contest for any elective position in 2023, as he’s presently preparing ahead of the general elections. Disappointed by Yul’s post, his first wife, Mary said “May God judge you both.” However, reacting to the development on his Instagram page yesterday, Yul’s elder brother, Uche said his family did not support Yul Edochie’s decision and they were shocked. According to him, Yul was advised against the marriage but he did not heed to their advice. He wrote: “So my younger brother, Yul Edochie, just married a second wife out of the blues and Nigerians are freaking out. I get it. We are all shocked. I am a low key type of guy and I have tried to mind my own business but this circus is chasing me around too. So here is my take. “I see two main problems here. His first wife Mary, a wonderful woman and my sister-in-law did not go into a relationship with my brother agreeing to be part of a polygamous marriage. That’s the first problem. So I feel for Mary. It is not fair on her. My family is not in support. This is not what we do and we are trying our best to console Mary. What else can we do? “The second issue is that Yul is not a Muslim. If he was a Muslim, no one will be talking about this. Muslims marry as many wives as they want and nobody says anything. Traditional rulers and traditionalists of sorts do the same thing too and the Nigerian constitution recognizes polygamy as a legal marital union. Maybe we should burn that bloody constitution. “We told Yul not to do it. He did it anyway. Have you ever tried controlling an adult when it comes to relationships? Good luck with that.” Uche further noted that “Yul is an adult who feels marrying a second woman is the best way to own up to his mistakes and make things right. It took a lot of courage for him to do this too. A Muslim marries two or more wives and his people throw a party. Totally normal. A Christian does the same thing and he is the worst human being alive. It is tough. “Women throw themselves at famous people so bad that it is suffocating. If the average person walks in Yul’s shoes for one year, they will get five or more women pregnant. So don’t be quick to judge if you have not lived that life. Most people will do worse. So this is Yul’s new baby with his new wife. Beautiful boy. Children are gifts from God. It is the circumstances of their birth that get us all riled up about what’s right and wrong. I wish them all luck,” Uche wrote on IG. Meanwhile, speaking in an online interview with comedian Kasboi yesterday, Yul Edochie described marrying a new wife as the best decision he has ever made in his lifetime. He said that he has always known that a day like this would come someday, adding that he didn’t need to seek his first wife’s permission to marry a new wife. According to him, the woman who doesn’t respect you will not respect you. And the one who loves you and respects you will be with you forever. On the backlashes trailing the development, the actor said everybody can’t see things the way you do. “A whole lot of people don’t know you but judge you from what they see,” he added. Yul Edochie and his first wife, May Aligwe have been married for 16 years. Their union is blessed with four children, three boys and a daughter. Source: Vanguard Newspaper |
Solofresh2:Op, you're funny. Are you really serious you want her to stop coming around? God is watching you. |
Islandlady:The jury system of court trial is what I do not like about American criminal justice system. It's really faulty. |
ibechris:He is obviously looking at legalistic approach to the issue. What you're saying is immaterial in the court of law- infact, he's not from the woman's tribe so he doesn't know the provisions of their customary practice in a case like this. In furtherance to this, the deceased was not a minor as at the time of cohabitation, she should have decided on which way to go as regards traditional wedding before agreeing if to cohabit wih him or get married to him. May her soul rest in peace. What if cases relating to stalking, intent to extort/defraud, misrepresentation of fact, threat to life or constructive possession is instituted/proven against the family? Moreover, he said he was willing to let them have the child. Op, take things easy on yourself. God be with you. |
ibechris:He simply asked for a lawyer's input. Most people commenting are condemning him. Advice should be from legal aspect. Lawyers in the house should help him with this. |
Insecurity:This man has guts. Make him pay for his crimes. People should know that hard work beats talent. |
MadamVanessa:You're right about your assertions. No sane man would marry a second wife if truly the woman is excellent. We've seen cases of men cheating and for him to take on a second wife, something is going on in Yul's home that we do not understand. Let's not throw jabs at him. I do not like polygamy but most men result to that because of series of spiral verbal abuse and the need for emotional balance which he couldn't get from home. |
Insecurity:Op, the topic is misleading. There's a difference between abduction and kidnapping. And the level of severity differs. This is a case of kidnapping. |
Chiden:I understand how you feel. It's just a matter of time when you'll be independent. You can't live with her FOREVER. You live for yourself, practice self-love and engage yourself in other self development activities just to take your mind off what's going on between you and your mom. |
Kwanza:A scenario similar to this happened at NSCDC Command Headquarters then while I was on field work as a criminologist then. We didn't take the threat likely as the officer in question was detained for hours before his release and we mounted road checks closer to the command gate because he vowed to return with his friends after his release but no five O turned up. |
aminulive:The case that led to Magu's suspension is a sensitive one. He's on indefinite suspension and it may amount to gross misconduct for the PSC. In a civilised clime where things work, the Office of Professional Responsibility (OPR) will look into it the other way round via the outcome of the case considering the severity of it and therefore recommend compulsorily retirement for him since his suspension seems indefinite. |
efficiencie:The unwritten contract might not stipulate the exact duty of what to do in all cases but the expectation is there for a housewife to do that. Husband is not an occupation because it's a patriarchal world and the definition goes way beyond the provision and protection you mentioned. The word, "livelihood" is what you're forgetting. Check my first post or you read more from other sources if my response is not satisfactory. |
efficiencie:Contract can be written or unwritten provided there is/are witnesse(s). For example, each time you go to the salon to barb, there is an obligation for you to pay before or after service which is an unwritten agreement/contract and is binding despite the absence of paperwork. A marriage certificate stands in place of agreement. The housewife occupation is one of the most problem-ridden in the economy. Being a housewife is no longer a lifetime vocation for most women these days. |
To be a housewife is to be a member of a very peculiar occupation—an occupation like no other. The nature of the duties to be performed, the method of payment, the form of supervision, the tenure system, the “market” in which the “workers” find “jobs,” and the physical hazards are all very different from the way things are in other occupations. The differences are so great that one tends not to think of a housewife as belonging to an occupation in the usual sense. It is commonly said that a housewife “doesn’t work” and that she “is unpaid.” The truth is, of course, that a housewife does work and does get recompense. Like other workers, she can quit or be fired. One dictionary defines an occupation as “an activity that serves as one’s regular source of livelihood.” Being a housewife is an activity that gets one food, clothing, and a place to live, and that certainly meets the dictionary’s definition of having an occupation. |
The act is condemnable and crime is committed in evey tribe/society. It's not a good thing to refer to a particular tribe as been bad. Even a sociological research don't work that way Irrespective of your reservations about a particular tribe. Do not engage in tribalistic comment. Internet don't forget things, you should know what to say and what not to. I hope this helps how you relate with people. Rastaramsey: |
The breach of promise to marry and its legal consequences By Theophilus Orumor “Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned.” – William Congreve, 1670-1729 The following, scary but true, recently reported incident is apt in introducing this piece : “Woman sent to jail for pouring hot oil on lover who refused to marry her… “. A 25-year-old woman identified as Victoria Alonge was on Monday sentenced to one-year in jail by a Karu Senior Magistrate court for pouring hot oil on her boyfriend, Roland Nna, because he refused to marry her. Telegraphng.com reports that Victoria was sentenced to one-year imprisonment without an option of fine after the convict admitted to the court that she committed the offence. Alonge was arraigned on a one-count charge of causing grievous harm to Nna, her boyfriend, who resides in Kurudu, Abuja. The prosecutor told the court that Alonge went to Nna’s house at about 4:30 a.m. on the fateful day and poured hot oil on him while he was asleep, resulting in grievous injury… He said she was immediately arrested by the police, after which she confessed to the crime. Njoku said that while in detention, Alonge threatened to inflict more harm on the victim. The prosecutor, however, urged the court to summarily punish the accused because she did not deny the charge brought against her. In her defence, Alonge told the court that her estranged lover dated her for over four years and promised to marry her, only for him to change his mind after falling in love with another woman in Abuja. “I did that to teach him a bitter lesson because he refused to marry me after dating me for over four years,’’ Alonge said. “He fooled me and my parents and ditched me after finding a new lover here in Abuja. I live in Lagos with my parents.” In these days of failed live -in- love affairs, heartbreaks, counter heartbreaks, jilting, eloping, dumping, etc, etc, commonly characterized in love/romantic relationships between lovers of opposite sex (in Nigerian jurisdiction), it is most apposite to consider the legal implications of the above actions which bedevils the pre marital institution in our modern day societal living. An in-depth understanding of the concept of the “promise to marry” and the legal consequences of its breach thereof would most appropriately assist us in achieving this aim. First, what is a “promise to marry”? A “promise” is defined as the manifestation of an intention to act or refrain from acting in a specified manner conveyed in such a way that another is justified in understanding that a commitment has been made; a person’s assurance that a person will or will not do something. A promise to marry is thus defined as a “betrothal”, an “engagement to be married” also termed “agreement to marry”. The promise to marry contract comes into existence by the mutual exchange of promises by the parties to marry each other. A mere convivial or romantic relationship is not enough for a court to found an agreement to marry. In the same vein as commercial contracts, a promise to marry can be oral, written or otherwise. As an oral contract, proof is determined by the same common law rules by which oral commercial contracts are judged. As a written contract, the evidence of personal letter indicating an agreement to marry is enough to establish proof. Promise to marry can be inferred from the action or conduct of the party making the promise. Any action or conduct which directly suggests promise would constitute evidence and therefore proof of promise to marry. (Dr Steve Ogan, 2008). In Aiyede vs Norman –William (1960) LLR 253, it was held that the promise to marry need not take the oral or written exchange of mutual promise. A germane criteria for a promise to marry to be legally binding apart from parties possessing the requisite legal capacity is that it must have consideration for it to be legally valid and enforceable. The evidence of consideration is the basis for establishing the existence of a contract. In a promise to marry case, the reciprocal promise of a woman to marry a man who promised to marry her is usually regarded as consideration. Other instances of consideration could include where for example a woman travels to another city/state/country to meet a man who promised to marry her! Does it include where a woman gets pregnant for her man in furtherance to the promise to marry? This is mootable! To constitute a breach of promise to marry, two elements are essential: First it must be proved to the satisfaction of the court that there was a promise to marry under the relevant law. Second, it must be shown that one party to the agreement, whether the man or the woman, has failed or refused to honour the obligation. When the above are established, the injured party may sue the other for breach of the contract and claim damages thereof, although no damages may be recovered unless his or her testimony is corroborated by some other material evidence in support of such promise in line with section 197 of the Evidence Act 2004. What constitutes material evidence is a question of law for the court to determine. The breach of promise to marry could either be in the form of non-performance or anticipatory breach. There may be non-performance where the time for performance is fixed, for example where parties agree on a particular date, the failure or refusal of one of the parties to turn up for the marriage constitutes a breach. Where no date is fixed, the law implies that the promise is one to marry within a reasonable time or at the request of one party. Where however, the promise is subject to a condition precedent, for example consent of parents, there can be no breach until the condition is satisfied or fulfilled. In Aiyede’s case (supra), the plaintiff’s case was dismissed as there was a condition precedent to the fulfilment of the defendant’s promise to marry, which in this case was obtaining the consent of the plaintiff’s father. The breach of promise to marry takes the form of an anticipatory breach where there is outright repudiation of obligation by a party, or by such conduct on his part that’s puts it out of his power to perform his obligation. An anticipatory breach may occur where before the contractual date for performance, a party to the contract announces his intention not to perform, which announcement the other party could treat as wrongful termination of the agreement and head to court. Anticipatory breach can also occur where one party to an agreement by his own act puts it out of his power to perform his obligation. Such is the case where a party to the contract to marry elopes and marries someone else .The case of Uso v Iketubosin [1975] WRNLR 187 depict this form. In that case, the defendant promised to marry the plaintiff in 1947. In 1957, the defendant married another woman in breach of his promise to the plaintiff. The Court held that the defendant’s act constituted a breach for which the plaintiff was entitled to damages. Interestingly, there are defences to a claim for breach of promise to marry to justify the breach. These defences come in form of general defences, which are available to general contract law such as fraud, duress or misrepresentation which could be pleaded to justify a breach of the promise to marry. For example, where a man misrepresent to a woman that he is from a very rich home and the woman, acting on that misrepresentation, promises to marry the man, a subsequent breach by the woman (who later discovers the real situation of the man) can be availed by the defence of misrepresentation! So men, stop that big talk, be real to your intended or else you get your heart broken! The other specie of defences are termed “special defences”. It may be pleaded that there are some actual moral, physical or mental infirmity in the plaintiff which makes him or her unfit for marriage. This defence presupposes that the plaintiff is suffering from some moral, physical or mental infirmity; the infirmity must be such as to render the plaintiff unfit for marriage; the infirmity must have been discovered after the contract to marry was made; and the defendant must show as a necessity, that some actual infirmity in the plaintiff exist as mere suspicion is not enough. A party who discovers after the contract to marry has been made that the intended spouse is a lesbian, gay, bisexual, transgender (LGBT) or a hermaphrodite could perhaps plead these facts as a special defence to a claim of breach of promise to marry. What are the damages for breach of promise to marry? The quantum of damages is generally subject to the rules of remoteness i.e the damages should be that which flow directly from the breach or which are within the contemplation of the parties at the time of the promise. In this light, damages awarded by courts fall under the following categories: general damages e.g. compensation for the loss of consortium of the other party; injured feelings, wounded pride, etc ; special damages affecting property e.g for money spent or financial loss sustained by the plaintiff as a direct result of the defendant’s breach of the promise to marry; recovery of the engagement ring and presents. An interesting thing to note is that damages could also be claimed against a third party who induced the breach. Whatever be the damage claimed, one thing the court would not do is to grant an order of specific performance as no court would force any one to marry another. Incidentally, though the English courts have since moved on away from actions/claims for breach of contract to marry and while serious contentions have been made for the scrapping of this claim from our jurisprudence as same is considered as an anachronism inherited from English law (E.I.Nwogugu,1974), a number of cases, having the issue of breach of promise to marry as principal or ancillary subject matters, have recently been decided by Nigerian Courts. In Ezennah vs Atta (2004) 2 S.C.(Pt II) pg 75, the Supreme Court gave an expository on the concept of breach of promise to marry thus: “Two elements are necessary to constitute a breach of agreement or promise of marriage. First, the party jilted must prove to the satisfaction of the court that there was in fact, a promise to marry under the Matrimonial Causes Act, 1990, or under Islamic law or under customary law, on the part of the other sex. Second, the party, reneging has really, and as a matter of fact, failed or refused to keep to the agreement of marriage…. Marriage is regarded as a very sacred institution both in our jurisprudence and in our sociology. Accordingly, an agreement to enter into a marriage should leave nobody in doubt as to the real intention of the parties to enter into a marriage.” In Mabamije vs Otto (2016) LPELR 26058(SC) the case of Ms. Mabamije was that Mr. Otto breached his promise to marry her, and for that reason she claimed a whopping N20 million as damages as well as an order to compel Mr. Otto to perfect/complete all marriage arrangements earlier made by him! Mr. Otto in his Statement of Defence denied this allegation and stated that Ms. Mabamije had in an earlier suit, namely Suit No. W/61/2000 also filed at the High Court, Warri claimed the same reliefs against him. Mr. Otto further asserted that following the intervention of OAN Overseas Agency (Nig.) Ltd, a company in which he was managing director, the said suit was withdrawn by Ms. Mabamjje after that Company had fulfilled certain conditions laid down by her. The condition was that OAN Overseas Agency (Nig.) Ltd should furnish the apartment of Ms. Mabamije with some named amenities and on the basis of which she discontinued the earlier suit instituted against Mr. Otto. This was never denied. In fact, Ms. Mabamije did not file a Counter Affidavit to contravene the Affidavit Support of the Motion to dismiss her suit on the ground of estoppel. One of the defences of Mr. Otto was that Ms. Mabamije should have been estopped from further litigating on the subject matter having been satisfied on same in an earlier claim. The facts of estoppel were specifically pleaded by Mr. Otto in his Statement of Defence as well as the Affidavit support of the Motion dated the 7th of February 2001 in which he sought to dismiss the suit. The High Court dismissed the Motion holding among others that the principle of estoppel had not been established. Mr. Otto being dissatisfied with the said ruling of the High Court, Warri appealed to the Court of Appeal, Benin Division, which allowed the appeal on the ground that the Appellant herein was estopped from instituting the present suit. Aggrieved, Ms Mabamije appealed to Supreme Court which court affirmed the judgment of the Court of Appeal and dismissed the Appellant’s appeal. As anachronistic as the claim for breach of promise to marry may seem to be in modern day reality, in the absence of any law abhorring such claims, the law still exists and should be resorted to where there is a genuine need. So ladies, the next time your fiancé chose to move on, or elope with another woman, don’t give him the hot oil treatment, for that could easily land you in jail. Sue him instead! Orumor is a Lagos based lawyer. |
According to report of a sociological research I read online few weeks ago that was conducted by a financial institution in the US, most married women prefer to have one of their kids or family members as next of kin instead of their husbands which is the expected traditional practice. A lady I know very well used my laptop to apply for her masters degree programme, her husband is sponsoring the programme but when it was time to fill her next of kin, she used her younger brother, she only used her husband as one of her refrees. Some women are badt |
Hustle harder and hustle smarter. And when I say smarter, you'll need to practice excellent and unwavering work ethics to get desired results. OlasunkanmiSM: |
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