₦airaland Forum

On the 14th day of January, 2017, Madam Oluwatimilehin Olatunde called me to explain something really sad that happened in her area the previous day. From the way and manner she was panting and consistently losing her breathe, I could only imagine how horrific it must have been. She complained that Chief (Mrs) Seunlo Mobigold, a reputable woman and a business tycoon in her area was carrying on her usual trade of jewellery sales across the road when her manfriend, Chief. Amafa Kelu came to visit her. She was standing at the roadside with Chief Amafa Kelu who was having a nice conversation with her when an horrible incident happened. She was was suddenly hit by a Toyota Venza while the driver of the vehicle was trying to avert coalition with an oncoming Nissan Micra. Unfortunately, she died before getting to the hospital while Chief Amafa Kelu's leg was broken. The man that drove the car is well known in Madam Oluwatimilehin Olatunde's area and is on good terms with the deceased. He was identified as Mr. Sly Indika and he is the Chief Accounting Officer of Fabregas Oil. He reported himself to the police the same day the horrific incident happened and Chief (Mrs) Seunlo Mobigold was buried the following morning . Madam Oluwatimilehin Olatunde is interested in knowing what will become of the man. " This man should killed too for such an offence but I doesn't trust lawyers because they're too dishonest. The man has money and lawyers can can lie more than Ananais and Saphira on his behalf. Everybody will see that something happened but the lawyers will turn everything and make the suspect will still go scot-free", she said.
Points to Note:
1. An offence or a crime is defines as any act or omission which is rendered punishable by some legislative enactment. In essence, a wrong must be stated in a written law as an offence and the punishment it attracts before it can be said to be a crime.
2. An offence consist of two elements- physical and mental. The physical element (actus reus) is the guilty act while the mental element (mens rea) is the guilty mind. For example, if a person steals a Nokia 3310, the physical element is the unlawful taking of another person's phone while the mental element is the intention to steal the Nokia 3310.
3. Before a person can be convicted of an offence, both the physical element (actus reus) and the mental element (mens rea) must be proved. For example, a person who takes another person's Nokia 3310 thinking it is his own perhaps because he has a very similar one may be exonerated. (The physical element is present but the mental element is absent- There is no intention to steal the phone). Also, a person who has an intention to steal another person's Nokia 3310 but has not stolen cannot be said to have committed an offence. (The mental element is present but the physical element is not absent- The is no unlawful taking of the phone).
NB: There are exceptions to this rule. The court can convict a person of some guilty act even if there is no guilty mind. For example, if a person kills another without intention.
4. For a person to be convicted of an offence, it must be proved beyond reasonable doubt that the person committed the offence. You want to know why? The Law believes that it is better for 99 Criminals to go scot-free than to punish 1 innocent person. I'm sure some of us must have watched films where the original offender showed up or the truth was ascertained after the innocent person had been killed. How did you feel?
5. Homicide is the killing of a human being by another human being. There is a distinction between lawful and unlawful homicide. For example, soldiers killing a person that has been sentenced to death by hanging is a lawful homicide and it is not an offence.
6. Unlawful homicide is causing the death of another human being in circumstances which are not authorised, justified or excused by law. Unlawful homicide with intention is called MURDER while unlawful homicide without intention is MANSLAUGHTER.
7. The punishment for murder is death while the punishment for manslaughter is life imprisonment.
8. There are DEFENCES open to the suspect; during the trial, the suspect may claim that a certain fact or set facts in the case serve to exonerate him from liability. Example of such defences are accident, insanity, bona fide claim of right, mistake, involuntary intoxication etc. For example; the person that took another person's NOKIA 3310 thinking it is his own may be discharged and acquitted if he successfully pleads the defence of "Bona fide claim of right".
9. Although there are new developments under the law, the victim gets no remedy under criminal law except that the accused person is punished. However, the victim can bring a separate civil action to claim remedy.
It's such an unfortunate incident but Madam Olatunde has to understand that Mr. Sly Indika may be convicted of the offence of manslaughter for unintentionally killing Chief (Mrs) Seunlo Mobigold. However, if he successfully pleads the defence of "accident", he will not be found guilty. For example, if Mr. Sly Indika is able to successfully show the court that his brake failed and the situation was beyond his control, he may be discharged and acquitted.
Chief Amafa Kelu on his own can bring a civil action to claim damages for the loss of his Leg.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
Lalasticlala, mynd44

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ENDTIMEISNEAR:
If the president or his vice has the time to inspect airports, then we'll continue to chase our collective tails like a foolish cat would do. What are the ministers of aviation doing? What are the airport managers doing? I am sorry, but this is an unnecessary waste of president's precious time. There are better things Osinbajo could have been doing to get Naija running better. He should have been busy brainstorming with the country's economic team about how to stop the already battered economy from further steep slide into depression. But he left Aso Villa to come to MMIA to inspect the conveyor belt? While at it, did he also check to be sure the toilets can flush and are stocked with tissue papers? I guess he also had time to inspect the floors to be certain that they are washed & buffed clean.

I don't know why we are like this; what will ever satisfy us? NOTHING! So you didn't read the news about British Airline suspending their flight because of poor facilities such as potholes on the runway? You've not heard the threat by other airlines suspend services due to that as well? And you think that won't contribute to paralysing the economy of th country? What impression will other countries have of us? Investors coming to Nigeria won't be able to access Lagos straight because of poor facilities and you think they will be eager to invest in Nigeria? I doubt it. Let us think deep and critically before condemning abeg!

datola:
Bloggers are creative these days imagining unimaginable to sell news to the gaulibles.

The probability that this was formed by a want be e-warrior is high.

I don't think it was forged. The man is truly a friend of the Governor and people go through him to talk to the Governor.

On the 5th of January, 2014, Dr. Ayo Amosun bought a duplex at Gbonagun Estate from Ven. Lekan Akinbode at the sum of Fifty Million Naira Only (N50,000,000.00). Both of them had agreed that there was no need to put pen on paper since the payment is to be made once and for all. On the 4th of March, 2015, Dr. Amosun promised to give his wife, Deaconess Imek Amosun the duplex if she comes out with flying colours in her Masters Degree programme. "Don't worry honey. I just want you to know this duplex is all yours if you get an excellent result upon the completion of your Masters Programmes" were his exact words. Fortunately for Deaconess Amosun, she emerged as the Overall Best Student of the University of Lagos for the Masters category but Dr. Amosun has refused to release the Duplex. "Sweetheart, but this is a contract between us. Why are you now attempting to breach it?", Deaconess Amosun complained.
Dr. Ayo Amosun just called me on phone to confirm whether he indeed contracted with his wife. He also expressed fear that Ven. Lekan Akinbode's wife, Mrs. Adeola Akinbode was trying to sell the duplex to another person.
Points to Note:
1. A contract is an agreement between two parties giving rise to obligations which are enforced or recognised by law.
2. For there to be a valid contract, the following elements must be present:
(i) Offer - One person must have made an offer to contract with another person. (Do you know that a cab man driving up and down the street while 'girraffing' to hear where you called is making an offer?)
(ii) Acceptance - The other person to whom the offer was made must have CLEARLY accepted it. This can be expressly or by the person's conduct. (For example, you can't say you have not accepted to sell your brogues when you've collected the money and spent it).
(iii) Consideration - Each person must be offering something of value to the other person in return for what he is getting.
NB: Consideration need not be adequate but it must be sufficient. (For example, if you sell your iphone 7 for N5,000 it is sufficient for a valid contact)
(iv) Capacity: Both parties must be up to age (18years) and of sound mind. (For example, a person whose 'skunskun' is official cannot enter into a valid contract).
(v) Contractual Intention/intention to enter into legal relation- Most social arrangement do not amount to contracts because they are not intended to be legally binding. But for some exceptions, domestic agreements between husband and wife or parent and children are not intended to have legal relation.
(vi) Contracts can be in oral or written form. However, there are some contracts which the law EXPRESSLY requires to be in writing. For example land agreements must be in writing (sealed, signed and delivered).
NB: I will advise that, as much as possible, all your contracts should be in writing. Yes! People can deny for Africa.
(vi) There is a protection for someone who has fulfilled his part of the contract if the other person does not want to perform his. It is based on the law that "What ought to be done is regarded as done". (Doctrine of Part-Performance)
As it stands now, Dr. Amosun should have gotten a written agreement that is 'sealed, signed and delivered' from Ven. Akinbode as evidence of the sale of the duplex. However, since Dr. Amosun has substantially performed his own part of the contract by making full payment, the law will not allow Ven. Akinbode to benefit from his own wrong. Dr. Amosun can get his lawyer to write to Ven. Akinbode demanding that a written agreement be made. If Ven. Akinbode refuses, Dr. Amosun can institute an action in court to claim his right.
There is no contractual agreement between Dr. Amosun and his wife, Deaconess Imek Amosun since it is a mere social or domestic arrangement made during one of those romantic evenings. You know?
Mr. "My Mum said she will get me a Bugatti if I get a distinction in Pharmacology" should take note. There's no contract to enforce even if she doesn't buy it.
[color=#000000]MY LEGAL DIARY[/color]
Joseph Jagunmolu Ogunmodede

This is why you should document your contract! http://thelegaldiary.com/you-should-document-contracts/

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The President of the Nigerian Society of Engineers (NSE), Engr. Olatunji received an International Award on the 26th day of April, 2016 from the British Engineering Society as Africa's Most Industrious and Exception Leader of the Society. He was celebrated by countless of well-wishers who extended their congratulatory message to him in the newspapers, radio stations, televisions, internet among other media.
Upon his return from the United Kingdom, the Secretary of the Nigerian Society of Engineers (NSE), Chief Kyrian met him personally in his office and confronted him that he does not deserve the award but was awarded erroneously because the British Engineering Society had no idea how much he(Engr. Olatunji) had siphoned from the purse of the Nigerian Society of Engineers and his betrayal of the Society at large
This didn't go well with the Engr. Olatunji at all and he went ahead to tell his P.A., Miss Ajayi who told him it was defamation and Chief Kyrian shouldn't go without paying seriously for such. On the 9th of January, 2017, Engr. Olatunji was invited to a television programme at Diamond T.V. where he made the statement, "Even International Bodies have recognised my exceptional leadership and industry so, people will have diverse opinions but those in their right senses will appreciate us. Imagine, the Secretary of the Society, Chief Kyrian was one of those that confronted me that I don't deserve the award claiming I've betrayed the Society and embezzled her funds".
The following day, Engr. Olatunji got some members of the Nigerian Police Force from the Lekki Police Division who detained Chief Kyrian at the Station. Chief Kyrian's wife, Dr. Dorris has called on me to seek legal advice and intervention especially now that Engr. Olatunji promised to sue for libel in turn of N5,000,000,000
Point to Note:
1. Defamation is any act done by one to bring done the reputation of another in the estimation of right-thinking members of the society or to expose him to hatred, contempt or ridicule.
2. There are two (2) types of defamation: (i) Libel, which, in general, is written (some have included defamatory content contained in discs, flashdrive etc) and (ii) Slander, which, in general, is oral. For example, the lady that lied on twitter that Davido impregnated her can be held liable for Libel while the man that made false allegation in a public meeting that the Chairman is a rapist can be held liable for slander.
3. The purpose of both is to protect the interest in his reputation which everybody enjoys: there is, therefore, no defamation unless there has been a communication of the defamatory matter to a third party for it is the opinion held of the person defamed by others that matters.
4. Insults directed to the person himself do not in themselves constitute defamation since it is not primarily concerned with the plaintiff's wounded feelings.
5. There are defences a person can raise as follows:
(i) Justification
A person who alleges that he has been defamed need not prove that it is false because the law presumes this in his favour. However, if the person he claims has defamed him can prove it's truth, he will be free.
(ii) Fair Comment
It is a defence that the statement was fair comment on the matter of public interest. Thus, if a person tells people that another has Ebola so the virus won't spread, he won't be liable for defamation.
(iii) Absolute Privilege
There are some occasions that are deemed to be so important that those making statements upon them are not liable in defamation even though their statements are untrue or even malicious. Examples are legislative proceedings, court proceedings etc
(iv) Qualified Privilege
There are some situations in which it is thought desirable that reflections on the reputation of another, although untrue, should not give rise to an action for defamation, provided that they were not published with "malice".
6. Defamation is a civil matter (although there's is also criminal defamation) and does not require the police to arrest or detain the other party.
You should be able to ascertain my advice for both parties.
Chief Kyrian did not defame Engr. Olatunji because there was no other person in the office during the confrontation. The fact that Engr. Olatunji went ahead to tell people himself does not amount to defamation or, at best, he was the one who defamed himself.
Also, Chief Kyrian's wife, Dr. Dorris is advised to get a Lawyer to write to the Police Station demanding the immediate release of her husband who has been detained unlawfully without committing any offence.

MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

KingRex1:
Baba no one's disputing the webometrics criteria with you. This 'past glory' thing y'all talk bout is a charade people like you use to wail. The academic standards, achievements and recognition of these schools are way higher now than it was many years back.
My Alma mater always top the list, and I know bout the high standard of living of its indigenous students in the 60s nd 70s. Which was due to the fact that students were few and the naira had an ample value. Still this doesn't match its current level.
You were fat as a kid but slim as a man doesn't make the old you greater than the new you.. after all labour, achievements nd development over the years.

Chairman, continue speaking English. I'm a product of University of Ibadan and either you like it or not, these institution live on past glories. This was confirmed authoritatively by Emeritus (Professor) Ayo Bamgbose in an interview today. Wait, are you addicted to suffering? I have a feeling you've not been to respected and recognized educational institutions outside your confines and that's why these 'tutorial centres cum academic prison' has so much of your respect.

KingRex1:
Baba what past glory? I've seen nd heard a lot of people say this sh¡t. Do u think these schools were recognised in the past? They prolly weren't on any charts at all.

Who is your Baba? You better be frank with yourself ehn? Mr. "Suffering and smiling". For your information, my alma mater is at the top of the list but be that as it may, you want to tell me that the University of Ibadan of today has a better standard than University College, Ibadan that was affiliated to the University College, London? Then the economic recession must be seriously dealing with you! Did your parents or elders ever sit you down to relay to you what the University was then and what they enjoyed? Learn!
Besides, the computer system was not as prominent as this during that period, even for research so the issue of whether they were recognized in the past is relative.
Note that the mistake we are making is the failure to realise that webometric ranking does not translate to high standard of education to the common man just as increase in GDP does not reckon with a high standard of living of the masses.
Are you one of those that have been brain washed? "When you know your problem it is half-solved"! Don't you think it is high time we moved on, face reality and try to cope with what we have while trying to restructure the whole system.