₦airaland Forum

neighy:
azin we r talking money.. Shey d NPF or Engr olatunji cannot be fined niii??

Well...except Chief Kyrian wants to bring an action for "False imprisonment" and "infringement of fundamental human right".

neighy:
what if he sets you up with people not his family members but pretening to be??

Seriously just sayying thank you and well done is not enough.. Keep up with the good work

That's why I said you should observe his reaction. You never can be totally sure. But from experience, by the time you tell them your Lawyer and two policemen will be involve in the transaction they're always on the defensive if their plan is to dupe you. On the other hand, it will be on record that you did "due diligence" and was not negligence but rather it was the family head that was entirely fraudulent.

neighy:
lets say damages would be paid in cash who decides how much?

The court has the discretionary power to determine the damages to be paid (assessment of damages).

Electroweb:
This is very enlightening. My question is...if someone is buying a property from a family via the family head, how can he confirm that all the other family members have consented to the sale? Is a verbal confirmation in order or should he have a signed document from all of them before parting with money? You know that for Deed of assgnment or lease is ususally signed as money exchanges hands and the family members don't all sign at the same time claiming to be outside the country. So is there a document to ask from the head of family or is verbal affirmation enough? Experts in the house can answer too.
Thanks

The best approach is to tell (insist) the Family Head you want to meet with the family members. 1. His reaction to that can show whether he wants to be dubious. 2. Tell him to give you their contacts ; now that the world is a global village...insist that you want to have a video conference with them where they will give their consent in the presence of the Family head. 3. Tell them to send a written consent from wherever they are.

Tedpgrass:
good evening.

could you provide some examples regarding foreign direct investment and culpability within Nigeria and West Africa.

pls mention/ explain jurisdictions with specific mention of relevant courts of appeal .

Thank you.

Please, your question/request is not clear enough.

@babydfaceafrica In this instance, the wives are more of onlookers because the children of the deceased are the one's entitled to inherit the property. In essence, the children are the principal members of the family even in a polygamous setting.

ElPhoche:
The seller according to the guy asking the question is the FIRST BORN. According to you, he has the right to sell. Check again , please.

Good job. This is one of the most educating thread I have ever seen on nairaland. Keep it up. I know it wasn't easy to write/type

Check my comment again. He has a right to sell but it must be with the consent of the principal members of the family or they must ratify the sale, at least.

babyfaceafrica:
oga problem dey.one of the sons has sold the house claiming he is the first born....since there is no will...what can the other 2 sons do?....the person that bought the house has started to live there..but tyebtwo son usually carry thugs to disturb the man...he is threatening to arrest them..what can the 2,sons do ?..and what can the person who bought the house do?

The sale is not valid! A family property can only be validly sold by the family head (presumably the first born in this instance) with the consent of the principal members of the family (who are the two other sons). The first one cannot give what he doesn't have; in fact, he has sold nothing. The two other sons are on their right although they are sleeping. They should take legal action fast.

hardeycute:
hopefully i get admitted to study law this year

I wish you the very best!

kacchy:
Very educative and informative


Good job @op

This is the kind of thread that should be given front page at least twice every month.

Thank you so much. Please, share with others.

rossychik:
We need more of such threads in NL not those trashy news.
very commendable n educative.
carry on Withambition

Thank you very much for the encouragement. Please, share with your friends.

babyfaceafrica:
OP..if a parent dies without doing a will..and he has only one house.....the three children he has are all claiming the house.. How will the law settle it?

It is very simple. Their parents are said to have died intestate. They jointly own the property; they can use it as family house. However, with the way you presented it, I sense there is controversy on the house and I will advise them to sell the house and share the proceeds.

Engineer Yaw is a well-known man in the society especially for his dexterity in the electrification of newly constructed buildings. On the 3rd of July, 2015, he was awarded a contract worth N50,000,000 to ensure the electrification of the new ultra-modern poultry of Seun Oladele Farms Ltd. Upon the award of the contract, he approached Sudoku Electrical and Electronic Company Ltd to purchase the electrical materials to be used for the project. The total cost of the electrical materials Engineer Yaw ordered was N31,254,500 and he presented a Jarroy Bank cheque bearing the name "Engiyaw Electrical Company Limited" to cover the cost.
On the 6th of July, 2015, Mr. Klam, the Chief Accounting Officer of Sudoku Electrical and Electronic Company Ltd presented the Cheque at Jarroy Bank and he was greeted with the shock of his life; the Bank knows nothing about an account holder with the Account Name "Engiyaw Electrical Company Limited". It was later discovered that there was in fact no company bearing such name in existence.
Engineer Yaw has been arrested and the management of the company rest assured that he will face the wrath of the Law for engaging in "419". However, they have been having sleepless nights over how to recover the loss of the company.
Points to Note:
1. "Obtaining property by false pretence" is the obtaining of property by intentionally misrepresenting a past or existing facts. For instance, our own dear Yahoo boys falsely pretend to be what they're not and misrepresent themselves to their victims in order to obtain money and other valuables from them.
2. It is popularly referred to as "419" in casual usage because the offence is defined in Section 419 of the Criminal Code of Nigeria.
3. For a person to be guilty of obtaining by false pretence, the following elements must be proved:
(i) that there is a pretence;
(ii) that the pretence emanated from the accused person;
(iii) that the pretence was false;
(iv) that the accused person knows of its falsity or that he does not believe in its truth;
(v) that there was an intention to defraud;
(vi) that the thing was capable of being stolen;
(vii) that the accused person made the owner to transfer his own interest in the property;
4. If the accused person is found guilty of the offence of obtaining by false pretence, he will be punished accordingly with imprisonment; if the thing is of the value of one thousand naira or upwards, he is liable to imprisonment for seven year and it is immaterial that the thing is obtained or its delivery is induced through the medium of a contract induced by the false pretence.
5. However, this does not guarantee the recovery of the victim's loss even though there are new developments in this respect under the Nigerian Law.
6. It is therefore advisable for the victim to bring a separate civil suit for "conversion" to recover the property obtained by false pretence.
7. Conversion is an intentional tort in which one person “takes” someone else’s property by using or altering the property in a way that is inconsistent with the rights of the owner.
8. For the victim to succeed in an action for conversion, he must prove the following elements:
(i) the defendant took and/or changed his property somehow;
(ii) the change prevents or hinders him from using his property in some way; and
(iii) being unable to use the property the way he wanted caused damages to him.
9. Note, however, that the defendant need not physically take the property before he can be guilty or liable for obtaining by false pretence and conversion respectively. This shows why yahoo boys are often found guilty of obtaining by false pretence (419) even though the transaction is usually online.
It is therefore my advice for the management of Sudoku Electrical and Electronic Company Ltd to bring a separate action for conversion against Engineer Yaw to recover the goods he falsely obtained or, alternatively, the equivalent sum.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

My legal diary

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

John Kadi and Michael Lads were lucky to be among the students admitted into the University of Ibadan in the year 2010. John was in the Agricultural Engineering Department while Michael was a medical student. They looked so much alike that other students hardly believe they were not identical twin or at least, brothers from the same mother. It was therefore not uncommon for students as well as lecturers to ask one whether he knew the other. Unsurprisingly, they became good friend and walked together on campus. Unfortunately, while Michael Lads was the studious and serious type, John Kadi turned out to be very wayward. Michael tried all his best possible to encourage John to stay focused so that his stay on campus won't be a waste but every advice of his fell on deaf ears.
On 7th of October, 2014, Michael Lads was selected alongside two other colleagues of his to represented University of Ibadan at the Doctors-in-Embryo International Competition in the United States of America. The Competition was slated for 23 October - 29 October, 2014 and Michael, his colleagues as well as the Supervising Lecturer left for the United States of America on the 21st day of October, 2014. At the end of the Competition, University of Ibadan came out victorious and their success was reported on the 30th day of October, 2016, in both international and national newspapers. The headline of one of the newspapers read "Unibadan Medical Students Set Record, wins International Medical Students Competition". The Internet was also flooded with their success story and when Michael's Secondary School colleague, Daniel Ayokunsi came across the news online, he exclaimed "Wow! This is fantastic. That boy that likes book. He's my friend ooo".
On the 10th of November, 2014, Michael was in the reading room when he noticed the noise in the hostel was becoming unbearable. He stepped out of the room to confirm what the issue was when he noticed it was some policemen attached to the Doherty Police Station that has stormed the hostel. "They're in search of a student that stole a lecturer's apple laptop on Monday, 27 October, 2014", a student whispered. Within a twinkle of an eye, one of the policemen shouted "Mr. Man! Hands up!! You are under arrest!!!" {Pointing at Michael}
Michael was taken to the Police Station where he was accused of stealing an apple laptop belonging to a lecturer at the Faculty of Engineering. He was asked to make a statement against his will and he was thereafter detained in the cell. He could not even talk or argue because he had not the slightest idea of what was happening. He was charged to court on Tuesday, the 11th day of November, 2017 and upon arraignment, he was asked whether he was guilty of the offence or not. He said, crying, "I'm not guilty, I was not there. I was not even in school". The Prosecutor shut him up that he could not be heard saying he was not there at that point and he was later sentenced to 9years imprisonment. He screamed in tears "My Pathology exammmmm...". Highly pathetic, right? Yes.
Points to Note:
1. Alibi is a defence open to anyone alleged to have committed a criminal offence.
2. Alibi means "elsewhere" i.e that the accused was somewhere other than where the prosecution says he as at the time of the commission of the offence making it impossible for him to have committed or participated in the commission of the offence with which he is charged.
3. For Alibi to avail an accused person, the follow elements must be satisfied:
(i) He must raise the defence promptly immediately he is arrested and told the allegation against him.
(ii) He must give a detailed particularization of his whereabout on the day the offence is said to have been committed and this must include not only the people in whose company he was but also what transpired between them.
(iii) The police must have had ample time to investigate the accused person's plea of alibi.
4. Where the accused person fails to satisfy this three elements, the defence of alibi will not avail him. For example, an accused person that raises the defence of alibi or says he was not there for the first time in court would not be allowed to plead the defence.
5. The accused person will not be punished for the failure of the police to investigate the defence of alibi so long as he has raised the defence promptly.
6. The accused person must prove that he was indeed elsewhere and the proof is on the balance of probability and not beyond reasonable doubt.
It shows that the reason why the defence of alibi could not avail Michael Lads was because he raised it for the first time in court. Had he raised it immediately he was accused of stealing, informing the police he was in the United States to represent the University at a competition, he was in company of two of his colleagues and his lecturers and they can also call the organizers of the competition to confirm, he would most likely have been discharged and acquitted.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%25

https://m./1298091223567870?view=permalink&id=1370670786309913&mds=%2Fsharer-dialog.php%3Ffs%3D8%26fr%3D%252Fwap%252Fprofile_tribe.php%26m%3Dpage%26sid%3D1370670786309913%26_ft_%3Dtop_level_post_id.1370670786309913%26internal_preview_image_id&mdf=1