RAPE IN LAGOS STATE IS LIFE IMPRISONMENT

RAPE IN LAGOS STATE IS LIFE IMPRISONMENT

Credits: Google


As a
lawyer and blogger, I come across many reports bothering on sexual crimes. I bet
you have as well. I particularly remember the shocking news out of India when
four men raped and killed a lady who commuted in the same vehicle with them.
Don’t push your nose up just yet at the Indians; we both know such similar stories
come out of your city or communities as well. Sexual crimes are a universal problem
which the courts and law enforcement agencies come across almost daily, I
wonder why we have so many perverts and sexual predators people committing
such crimes in today’s society.

In Lagos
State,Nigeria, the Criminal Code Law (2011) in Section 258 (1) provides that “any man who has unlawful sexual intercourse
with a woman or girl, without her consent, is guilty of the offence of rape and
liable to imprisonment for life
”. A life time in prison is a long time to rot
cool off in jail because you can’t zip up   control
your sexual urges. Plus, it’s important to identify that fine line between
seduction and attempted rape, the law further states in Subsection (2) that “a woman or girl does not consent to sexual
intercourse if she submits to the act by reason of force, impersonation, threat
or intimidation of any kind, fear of harm or false or fraudulent representation
as to the nature of the act
”. I wonder if religious leaders who cajole
their followers to have sexual intercourse come under this head, what do you
think?
Credits: Vanguardngr.com

Sexual
intercourse between a man and a woman who are married is not unlawful and sexual
intercourse is complete on the slightest penetration of the vagina or any other
part for that matter as seen in Section 259 which says “any person who penetrates sexually the anus, vagina, mouth or any other
opening in the body of another person with a part of his body or anything else,
without the consent of the person is guilty of a felony and liable to imprisonment
for life”
. Wow, like I earlier stated, life in jail is a long time for a
crime that takes less than a few minutes to execute, in my opinion, it’s
definitely not worth it, even an attempt to sexually assault or rape is a
felony liable to imprisonment for fourteen (14) years, I bet you don’t want
that either.
Sexual Harassment
is a big thing that could get you a 3 year jail term in Lagos State, you cannot
even touch another person sexually without their consent or you could be liable
to imprisonment for three (3) years, that means squeezing the yansh grabbing
a co-worker or passerby in a sexual manner without their consent is not a good
idea either (S. 261(1)).
“Sexual
harassment is unwelcome sexual advances, request for sexual favours, and other
visual, verbal or physical conduct of a sexual nature which when submitted to
or rejected–
(a) implicitly
or explicitly affects a person’s employment or educational opportunity or
unreasonably interferes with the person’s work or educational performance;
(b) implicitly
or explicitly suggests that submission to or rejection of the conduct will be a
factor in academic or employment decisions; or
(c) creates
an intimidating, hostile or offensive learning or working environment”.
A person
consents if he agrees by choice and has the freedom and capacity to make and
communicate that choice. In determining whether a person charged had reasonable
grounds for believing that another person consented, the court shall have
regard to all the circumstances, including any steps taken by the defendant to
ascertain whether the woman or girl consented. So when a girl says no, she
means no. You may ask how can one tell if she’s saying no but means yes, well, except
she is saying no and putting your penis into her vagina if she implies
yes by her other actions or speech, that will be a question for the court to
decide.  
Credits: connectnigeria.com

Bestiality
is another ball game, meaning to fuck an animal to have sexual relations
with an animal is a no-no, any person who has sexual intercourse with an animal
is guilty of a
felony,
and is liable to imprisonment for three (3) years (S.265).
Adedunmade
Onibokun, Esq
@adedunmade
#FREEMUBARAK: A FUNDAMENTAL RIGHTS ISSUE

#FREEMUBARAK: A FUNDAMENTAL RIGHTS ISSUE


Mubarak Bala, a self professed
atheist has been locked up in a psychiatric ward in Kano because of his belief
that God does not exist, Read
story here.
 The outspoken atheist
and ex-Muslim was allegedly beaten by his family, placed in a psychiatric
hospital and now faces possible execution, all for renouncing Islam and
declaring himself an atheist. A #FreeMubarak Campaign has been launched on
twitter and an online Petition
has been collecting signatures with a view to compelling his immediate release.
Mubarak’s detention has provoked wide spread criticism from various quarters in
and out of Nigeria, a country which is no doubt deeply religious, however, the
law protects the rights of Nigerian citizens to freedom of thought and religion
therefore Mubarak should not be subjected to this degrading and inhuman
treatment.

Every Nigerian is at liberty to
manifest or propagate his or her religious beliefs freely without condemnation as
provided in the Constitution, so also Mubarak even though he chooses not to
belong to any religion. Section 38 of
the Constitution of the Federal Republic of Nigeria, 1999, which provides for
the Right to freedom of thought, conscience and religion, states that:
   “(1). Every person shall
be entitled to freedom of thought, conscience and religion, including freedom
to change his religion or belief, and freedom (either alone or in community
with others, and in public or in private) to manifest and propagate his
religion or belief in worship, teaching, practice and observance.”

The
provision of the Constitution could not be anymore clearer, Mubarak has a right
to freely choose his religion and he should not be subject to the degrading
treatment he is allegedly being subject to at the moment in the hands of psychiatric
Doctors in Kano.  The Supreme Court in Agbai
vs. Okogbue (1991) & N.W.L.R. (Pt 204) 391
also echoes this
provision of the law and goes further to state that even a conflicting
provision of customary law cannot deprive the individual of the right to
freedom of thought, conscience and religion, thus even Sharia law cannot
divorce him from these inalienable rights. 
Not
only is Mubarak’s right to religion being breached but his right to freedom
from discrimination based on his religion (or lack of it) and his right to
freedom of movement have also been thrown out the window. Nigeria as a
democratic society must uphold the tenets of the law and the Human Rights
Commission should ensure that Mubarak’s case is properly investigated and an
example should be made of his captors.  We therefore call for his immediate release.
You
can participate by signing the petition for Mubarak’s release and also tell
your friends to do same.
Adedunmade
Onibokun Esq.
@adedunmade
protect sexual violence survivors in Algeria, Morocco and Tunisia.

protect sexual violence survivors in Algeria, Morocco and Tunisia.

Do you remember the high profile case of Amina Filali? She was just 16 when she took her own life. A few months earlier, the Moroccan teenager had been forced to marry the man she said had raped her. Her death exposed the appalling get-out clause that allowed men accused of rape in Morocco to walk free by marrying their victim.

In January 2014 – two years later and after sustained campaigning – the Moroccan parliament unanimously agreed to amend this clause. We are now campaigning for similar provisions to be removed in neighbouring Tunisia and Algeria and for the state to go further to protect sexual violence survivors in Algeria, Morocco and Tunisia.
Act now to defend the rights of Algerian, Tunisian and Moroccan survivors of sexual violence.
Women and girls have the right to live free from rape and other forms of sexual violence. Yet discriminatory and harmful provisions in Algerian, Moroccan and Tunisian laws not only fail to protect survivors of sexual violence they further stigmatize and victimize them.
In Tunisia, a 27-year-old woman, Meriem Ben Mohamed, said she was raped by two policemen in September 2012. Instead of investigating her complaint, the authorities accused her of indecency. Her case exposes a clear need for the authorities to ensure that survivors receive the legal, social and medical assistance they need.
Stand with survivors of sexual violence like Meriem, and call on the Algerian, Moroccan and Tunisian authorities to abolish these discriminatory and harmful laws once and for all.
Join us now in saying no more excuses and no more delays.

Many thanks

Jessie Macniel-Brown

My Body My Rights Campaign Manager

INVESTMENT:  TIPS & ADVICE

INVESTMENT: TIPS & ADVICE


Dear Valued Investor,
In the outgone week, the NSEASI maintained its positive steam although ended with a marginal loss of 0.03%. The marginal cool-off comes after 4 weeks of straight gains back-to-back. The benchmark index ended at 41, 228.65 points. At this level, the Nigerian bourse has delivered 0.24% negative return for the year-to-date. The current market mood clearly suggests strong profit taking sentiment amongst most market participants.Recall that positive sentiment following the inclusion of ETI and FO in the MSCI Emerging Market Index, stable monetary environment, mixed corporate earnings, impressive dividends and yields were key drivers of the market equities in May despite heightened security concerns.

                                         
We would expect the equities market to see some decent level of zigzag trading over the next three months as both profit takers and bargain hunters slug it out. Bargain hunters will be taking position for second quarter/first half corporate results while profit takers will linger to close existing positions in the market. Notwithstanding, we believe there is still value. The Nigerian basket of equities is valued at price-to-earnings (P/E) ratio of 13.37x which we find attractive relative to peers within the SSA basket priced at 25.13x P/E ratio. The recent inflation numbers which shows a pick-up in the consumer price index to 8.00% from 7.9% in April might be begin to be a source of concern for fixed income traders over the medium-term. This should be a positive catalyst for the equities market.
                                    
Our basket of recommended stocks reflect the current mood in the market. While there are currently no “Sell” recommendations in our coverage universe, 53.8% of the stocks within the basket commands “Hold” rating while 46.2% is rated “Buy”. This shift in our coverage universe is reflective of the tight range within which the overall market is currently valued. Within the banking sector, DIAMONDBNK, FIDELITYBK, and SKYEBANK enjoys “buy” rating. Traditionally, we favour names such as GUARANTY, ZENITHBANK, FBNH, ACCESS. However, we will recommend a “Hold” on this names pending when we see a modest correction in their share prices. These names already are trading at our target prices.

In the consumer goods sector, DANGSUGAR offers the highest potential at current market price, alongside FLOURMILL, NASCON, NESTLE and UNILEVER. Nigeria’s demography in terms of population size, purchasing power, cash economy, changing consumer taste are key drivers of the consumer goods sector. We continue to see sustained earnings and margins growth in the sector.

The growth potential in Nigeria’s industrial (cement and building) sector is captured by CCNN, WAPCO, and DANGCEM.
Warm Regards,
Research & Strategy
Elixir Investment Partners Limited
Eleganza Building,
9th Floor, 634 Adeyemo Alakija,
Victoria Island Lagos
Eresearch@elixirinvestment.com


LAGOS STATE LAW ON CHILD ABANDONMENT

LAGOS STATE LAW ON CHILD ABANDONMENT





In
Nigeria, children’s rights are protected by law and held sacred, not only does
the law protect the child; it also stipulates punishment for adults who take
advantage of children or seek to negatively influence them.
  If you missed the blog on the rights of the
Nigerian child,
Click
Here
. The Lagos State Government has however taken the protection of
children’s rights a bit further by providing laws in the Criminal Code Law of
Lagos State (2011) that seek to prevent the abandonment of children and also instil
fines members of the public who do so.


As an
illustration, consider the following scenario;
“John, a charming and dashing young man meets Jane
at a public gathering in Lagos, Jane is swept off her feet by John’s chivalrous
nature and they both spend the weekend in John’s beach house where they have
repeated and unprotected sexual intercourse though John informed Jane that he
was in another relationship, to which she replied she did not mind. Eventually,
4 weeks later, Jane misses her period and after running hospital tests confirms
she is pregnant which she dutifully informs John.
John is however having none of it and tells Jane he
would not be accepting responsibility for the child, Jane cries and cries but
her emotions do not sway John who is set on his course of action with regard to
the child”.
What can
Jane do in this situation, have an illegal abortion or take care of the
child by herself?
OR
“Mark gets Linda pregnant and refuses responsibility
for the child, eventually Linda reports Mark to the police.”
Can she
do that?
There was
a time when the woman will probably decide to leave John or Mark to the laws of
Karma or like many Nigerians will say “in the hands of God” but now these women
can do more than that and here is why; Section
277 of the Criminal Code Law of Lagos State (2011)
states that:
(1) Any person who impregnates a
woman or girl and fails, refuses or neglects to contribute to maternity related
costs from ante-natal to post-natal stages is guilty of an offence and is
liable to a fine of Forty Five Thousand Naira (N45,000.00) without
prejudice to the recovery of any cost that any other person may have reasonably
incurred in relation to the upkeep of the woman or girl.
(2) For the purpose of this
Section, maternity related costs includes all medical expenses, food expenses,
reasonable shelter and other necessaries.
(3) In determining the financial
liability of a person under subsection (1) of this Section, the Court shall
have regard to the means and resources available to him
.

 Furthermore, Section 276 of the Law also provides that;
Any person
who being the parent, guardian or other person having the lawful care or charge
of a child under the age of twelve years, and being able to maintain such
child, wilfully and without lawful or reasonable cause deserts the child and
leaves him without means of support, is guilty of a misdemeanour, and is liable
to a fine of One Hundred Thousand Naira (N100,000.00) without prejudice to the
recovery of any cost any other person may have reasonably incurred with respect
to the upkeep of the child
”.
The law
is clear, you cannot abandon a woman who is pregnant with your child, neither
can you abandon a child who is your responsibility or you just may find
yourself having to pay a court fine in addition to being compelled to take up
the responsibility which you tried avoiding in the first place.
So my
advice to couples is to play safe (not that it works all the time) or don’t play
at all, at least till you are married. LOL. It should however be noted that the
law will not compel either John to marry Jane nor Mark to marry Linda, it will
only compel them to take responsibility for the children they deem to have abandoned.
Adedunmade
Onibokun, Esq
@adedunmade
2014 LAW REGULATING PUBLIC SMOKING IN LAGOS STATE

2014 LAW REGULATING PUBLIC SMOKING IN LAGOS STATE


Several weeks ago, the Lagos
State govt passed a law banning smoking in public places. While some Lagosians
received the news with mixed feelings, others commended and supported the govt
of Raji Fashola SAN for its commitment to making Lagos state a safer community for
everyone. It is worthy of note that a similar bill is being considered before
the National Assembly in the guise of the National Tobacco Bill which
is being sponsored by Hon. Dayo Bush-Alebiosu representing the good people of
Kosofe Local Govt in the House of Representatives.

Many Lagosians are however still
in the dark about the actual provisions of the law. Legalnaija in its bid to
inform Nigerians about their civil rights,duties and obligations in law
dedicates this blog post to informing about these lagos state law which is the
first of its kind in the country.

The law which is culled as a “Law
to provide for the regulation of smoking in public places in Lagos State and
for connected purposes” and enforced by the Lagos State Environmental Agency
(LASEPA) provides thus:

The law in section 1 defines
smoking in Section 1 as:

  • The
    carrying or holding of any lighted pipe, cigar, cigarette of any kind, or any
    other lighted smoking equipment;
  •  The
    lighting, inhaling or exhaling of smoke from a pipe, cigar or cigarette of any
    kind; or 
  •  Being
    in possession of any other list of substance in a form in which it could be
    smoked.
The law further provides that no
person shall smoke in all public places including but not limited : All places designated as “No smoking areas” by
the act of the National Assembly in Nigeria; Libraries, Archives, Museums and Galleries; Public toilets; 
Hospitals and other health care premises; 
Creches, Nurseries, Day care centres and other
premises used for the day care of infants, children and adults; Kindergartens, Nursery, primary and Secondary
Schools; Public telephone kiosk or call centers; Public transportation vehicles within Lagos state; Private vehicles which have more than one person
inside;
School buses; Restaurants; Cinemas, Concert Halls, Theaters, Amusement
Arcades, Studios and other premises used for entertainment of the members of
public; Halls and any other premises used for the
assembly of members of the public for social, religious or recreational
purposes;  Conference centers and exhibition halls; 
Shopping centers; Retail shops; Factories and other premises that are non –
domestic premises in which one or more persons work; Premises which are being used wholly or
principally as a place of work; Lifts; All common parts of flats or communal spaces; Any place that is enclosed or substantially
enclosed and opened to the public. 

The law however allows owners of
Tertiary institutions; Bars and Night clubs and Hotels to designate no more
than 10% of their premises as smoking areas. It also mandates that owners and
managers of public places must put up “No smoking signs” in their premises;
install smoke detectors in no smoking areas and ensure that anyone smoking
outside a no smoking area must do so at least 10 feet away from the entrance of
the premises. any one that violates this provision of the law is liable to a
fine of N100,000 or 6 months in prison or both. Where this law is breached by
an organisation, if it is committed by an officer of the organisation shall be
liable to a fine of N250,000.

Smoking areas must have also
proper ventilation and where necessary ventilation equipments. Authorised
officers have the authourity to enter such places in other to inspect that the
law is complied with and it is a crime to prevent such officers from carrying
out their duties.Persons who violate this law are
liable upon conviction to a fine not less than N10,000 and not more than
N15,000 or imprisonment for a period not less than one month and not more than
3 months or both. The court may also stipulate any non – custodial punishment
that it deems fit. Repeat offenders are liable to a fine of N50,000 or
imprisonment for a term of 6 months or both. Smoking in the presence of a
child under the age of 18 in a way that will be injurious to the child is an
offence and offenders on conviction will be liable to a fine of N15,000 or
imprisonment for a term of one month or both. 

Adedunmade Onibokun Esq.
dunmadeo@yahoo.com