if the original owner of property takes the property without the consent of the person who is having special property interest in the property is said to be guilty of the offence of stealing.
The lawyer who represented me was a very smart one and he argued that I was not trespassing because where I was arrested was a government house and not Nnamdi Azikiwe’s private house thus, that made it a public space.
All I will say is that not all that glitters is gold and this is a lesson for all of us! The truth is: most of us are unconvicted convicts; many are just as guilt as Dr. Nwobike, SAN but yconsider ourselves better because we’ve not been caught. This reminds me of the Battle of Waterloo.
ON THE LOOTERS LIST On Sunday, April 1, 2018, when Christians all over the world were celebrating the resurrection of Jesus Christ, who was said to have taken away the sins of the world, the Punch Newspaper reported that the Federal Government of Nigeria released to the world an updated list of those it alleges have committed the sin of looting. According to the Federal Government, the bearers of the names on the list have looted the country and are…
SEQUEL TO PART ONE AND TWO. 5. Right to Defend Himself Personally or by Legal Practitioner of Choice Most persons do not even know that they have a constitutional right to defend themselves personally, in any civil or criminal matter. Section 36(6)(c) of the Constitution entitles an accused person to defend himself in person or by legal practitioners of his own choice. This means that the defendant could elect to be his own lawyer throughout the trial. In more developed…
Continued From the previous post.
2. Right to be Presumed Innocent
Section 36(5) of the 1999 Constitution provides clearly that an accused person is at all times presumed innocent until he is proven guilty. This means that there is no duty on the accused or defendant to prove his innocence as the law already presumes him to be guiltless unless and until he is proven otherwise. The prosecution therefore has a duty of proving the guilt of the accused or defendant beyond reasonable doubt.
In very simple words, an accused is any person who has been charged with a criminal offence either by the Attorney General of the Federation or State; the Inspector General of Police; Commissioner of Police; the Economic and Financial Crimes Commission; National Drug Law Enforcement Agency or any other law enforcement agency. The Administration of Criminal Justice Act 2015 (hereinafter called “the ACJA”) refers to an accused person as a Defendant. Thus, using the word Accused or Defendant refers to one and the same thing.
the officer In charge of a police station shall release the suspect on bail on his entering into a recognizance with or without sureties for a reasonable amount of money to appear before the court or at the police station at the time and place named in the recognizance.
How many of you watch Nollywood movies? Whether you are one who intentionally sits through the beautiful movies churned out by the country’s Film industry or you are one who stumbles upon a scene or more, one thing is glaring. It is that the mode of arrest usually being portrayed is very wrong! Come to think of it though? I am yet to see a movie scene where the Police got the arrest of a person or persons right. That…
Whenever a breach of judicial oath occurs, it is a misconduct itself, then the NJC is the appropriate body to investigate such breaches by the judicial officer