LEGAL AGE FOR SEX IN NIGERIA

LEGAL AGE FOR SEX IN NIGERIA


Credits-thegirlsshowng.blogspot.com

For the purposes of determining the legal age of
sexual consent, we shall be relying on the provisions of the Child Rights Act
(2003). However, we must understand that the
in 2003,
Nigeria adopted the Child Rights Act to domesticate the Convention on the
Rights of the Child. Although this law was passed at the Federal level, it is
only effective if State Assemblies also enact it. To date, only about 16 of the
country’s 36 States have passed the Act.  The Act aims to promote and protect the rights
of children and it is quite important that other states in Nigeria yet to adopt
same do so in the interest of the children of that state.
With regard to sexual intercourse
with children, the Act provides in Section 31, that-

  
(1) No person, shall have sexual intercourse with a
child.
(2) A person who contravenes the provision of
Subsection (1) of this section commits an offence of rape and is liable on
conviction to imprisonment for life.
(3) Where a person is charged with an offence under
this section, it is immaterial that—
(a) the offender believed the person to be of or above
the age of eighteen years ; or
(b) the sexual intercourse was with the consent of the
child.
The above provisions simply mean that sexual
intercourse between an adult and a minor is prohibited and such adult cannot
claim that he/she believed the minor to be 18 or the intercourse was with the consent
of the child.
Other forms of sexual abuse and exploitation provided
for in the Child Rights Act can be found in Section 32 which provides that –
(1) A person who sexually abuses or sexually exploits
a child in any manner not already mentioned under the Act commits an offence.
(2) A person who commits an offence under Subsection
(1) of this section is liable on conviction to imprisonment for a term of
fourteen years.
The above provisions of the Act anticipate situations
of sexual exploitation against minors which may have not been provided for in
the Act and states that such acts will find the offender liable to 14yrs
imprisonment.  
Adedunmade
Onibokun Esq.
@adedunmade
HOW SELF DEFENSE WORKS

HOW SELF DEFENSE WORKS


 

credits-www.tes.com

What will you do if
an angry colleague with whom you had a heated argument earlier in the day is
running towards you with a knife, obviously with the intention of doing you
harm? I am guessing if you do not have a way of protecting yourself, you had
probably run away but what if you had a gun, would you shoot your assailant?
And if you did shoot him, will self – defense avail you in court?
Let’s begin by
delving into what the self –defense as a defense stands for?

Self- defense
according to Black’s Law Dictionary, 10th Edition, is the use of
force to protect oneself, one’s family, or one’s property from real or
threatened attack. The principle states that a person is justified in using a
reasonable amount of force in self – defense if he or she reasonably believes
that the danger of bodily harm is imminent and that force is necessary to avoid
this danger.
Section 286 of the
Criminal Code Act states it as follows: –
“when
a person is unlawfully assaulted, and has not provoked the assault, it is
lawful for him to use such force to the assailant as is reasonably necessary to
make effectual defense against the assault:
Provided
that the force used is not intended, and is not such as is likely, to cause
death or grievous harm.
If the
nature of the assault is such as to cause reasonable apprehension of death or
grievous harm, and the person using force by way of defense believes, on
reasonable grounds, that he cannot otherwise preserve the person defended from
death or grievous harm, it is lawful for him to use any such force to the assailant
as is necessary for defense, even though such force may cause death or grievous
harm”.
An illustration is
the case of Nnamani V State (2005) 9 NWLR (Pt. 929) 147, where the accused
was charged with murder. The case of the prosecution was that the accused
person stabbed the deceased with a knife which led to the death of the latter.
The accused pleaded self – defense, stating that the deceased had tried to stab
him with a broken bottle, however, it was discovered that the deceased had
already dropped the broken  bottle long
before the accused stabbed him and it was held that self – defense could not
avail the accused.
The general rule is
the force you use to protect yourself must be equal to the degree of imminent
threat. Therefore, stabbing a person who wants to slap you is not self –
defense or shooting a person who wants to punch you except you can prove that
the punch would have killed you. 
Adedunmade Onibokun, Esq
@adedunmade

QUOTE

QUOTE


Photo credit – www.3dprint-uk.co.uk


Of course people are getting smarter nowadays, they are
letting lawyers instead of their conscience be their guides.
Will Rogers

American Actor & Humorist.  
ROBBING AN ATM

ROBBING AN ATM

Photo credits – www.atm-link.com

I
remember a scene from the movie Fast and Furious 6 where Ludacris, a member of
Dominick Torredo’s team, manipulated an ATM (Automated Teller Machine) and
money began spewing from it, you can imagine how people on the streets must have
rushed to pick up the notes as they spilled out. So after hearing about a
failed ATM burglary in the news someday, my friends and I debated how easy or
difficult it must be to burgle one, a look at the metal machine seems to
somehow say I am not giving up any money except you type in a password. Sadly,
the reported thief in the news could not get any money out of the machine but
ended up in a jail cell. 
Trying
to break into or manipulate an ATM is a serious crime with serious consequences
in Nigeria as espoused in the Cyber Crimes (prohibition, Prevention) Act, 2015.
The law in Section 30 states that:

“Any person who
manipulates an ATM machine or Point of Sales terminal with the intention to
defraud shall be guilty of an offence and upon conviction sentenced to five (5)
years imprisonment or N5,000,000 (Five
Million Naira) fine or both”
.
I
guess now you must see my point about why it is a serious crime. Due to the
fact that most ATM machines are located within banks or fitted by banks, it is
not unusual to hear that staffs of a bank are involved in certain fraudulent
acts with others to defraud the bank. That’s why sub-section 2 of section 30
stated above further provides that; 
“Any
employee of a financial institution found to have connived with another person
or group of persons to perpetrate fraud using an ATM or point of sale device,
shall be guilty of an offence and upon conviction sentenced to seven years
imprisonment without an option of fine”. 
In
a nutshell, if you have been intending to burgle an ATM machine you should
probably think twice except you believe 5 years in a Nigerian prison is an
experience you will like to partake in. 
Adedunmade Onibokun, Esq
@adedunmade

DID YOU KNOW:PENALTY FOR RAPE

DID YOU KNOW:PENALTY FOR RAPE


A
person commits rape when he or she intentionally penetrates the vagina, anus,
mouth or any other opening of another’s person’s body without the person’s
consent. Also if the consent was obtained by force, intimidation or threats or
fear of any kind or by misrepresentation of the act
Such
offender may be found liable to imprisonment for life, however when the victim
is below 14 years, the offender shall be liable to a minimum of 14 years in
prison, in other cases to a minimum of 12 years in prison without an option of
fine. In the case of rape by a group of persons, such group shall be liable to
imprisonment for a minimum of 20 years collectively.
LEGAL PERSONALITY – BABATUNDE FAGBOHUNLU, SAN

LEGAL PERSONALITY – BABATUNDE FAGBOHUNLU, SAN

If you have ever met Tunde Fagbohunlu,
then I don’t have to convince you of how much of a gentleman he is. Or how he
radiates poise,is very humble and treats everyone with utmost respect, even
younger lawyers. I met Tunde Fagbohunlu for the first time at the Law Society,
Chancery Lane, London. The event was about the Lagos Chamber of Arbitration, a
subject he is very passionate about. Here are a few things about this gentleman
per excellence.
Tunde obtained a Bachelor’s degree in
law (LLB honors) from the University of Ife, Ile Ife, Nigeria, and an LLM from
the University of Lagos, Nigeria, in 1987 and 1991 respectively. He is a
barrister and solicitor of the Supreme Court of Nigeria (admitted 1988).

 
Tunde Fagbohunlu is a Partner and head
of Litigation, Arbitration and ADR Practice Group at Aluko & Oyebode. Tunde joined
the firm of Aluko & Oyebode (Barristers & Solicitors) in 1993 and his specialty
is in commercial litigation. Tunde has litigated on extensive range of issues,
including that pertaining to oil and gas, maritime, intellectual property,
telecommunications, taxation, finance and banking, contracts, receiverships and
insolvency, commercial law transactions and general litigation both at trial
and appellate levels. 
Tunde has represented various clients
including oil companies, telecommunication companies and banks both in
litigation and arbitration proceedings. He renders legal advice on a wide range
of commercial transactions. He regularly represents Nigerian as well as foreign
and multinational clients in ad hoc arbitrations and arbitrations administered
by arbitral institutions such as the International Court of Arbitration of the
ICC.
Tunde was a member of the national
committee on the Reform and Harmonization of Arbitration/ADR Laws in Nigeria. In
Chambers Global 2013 legal rankings he was described as “hard-working
and thorough”
respected by peers for his litigation skills, and is
also increasingly involved in arbitration.
Tunde’s expertise has also been
recognised in publications such as Who’s Who Legal Nigeria 2010 and 2012. Where
he was described as a “fantastic litigator” and (2012), he was noted for his
“craftsmanship” in constructing legal arguments when representing international
entities in arbitration proceedings.

In December 2008, Tunde was conferred
with the rank of Senior Advocate of Nigeria (SAN) by the Nigerian Legal
Practitioners Privileges Committee. A Nigerian equivalent of the Queen’s
Counsel.

Tunde participated in the International
Arbitration Seminar: Transnational Arbitration Issues in Emerging Markets
(jointly organized by Aluko & Oyebode and Clyde & Co) Lagos, Nigeria
(February 2011). He was also a speaker at the ICC, UK Annual Arbitration 
Practitioners’ Symposium, London, England (July 2010).


By: Adedunmade Onibokun

DID YOU KNOW: PENALTY FOR HACKERS

DID YOU KNOW: PENALTY FOR HACKERS

Any person, who without authorization, intentionally accesses in whole
or in part, a computer system or network for fraudulent purposes and obtain data
that are vital to national security, commits an offence and shall be liable on conviction
to imprisonment for a term of not more than 5 years or to a fine of not more than
N5,000,000.00 or to both fine and imprisonment.
– Section 6(1) Cyber Crimes (prevention, prohibition) Act, 2015 
RULES ON TRADING IN UNLISTED SECURITIES by Oyinkansola Annie.

RULES ON TRADING IN UNLISTED SECURITIES by Oyinkansola Annie.

Credits –www.ncas.rutgers.edu
Until
recently, the trading of securities of unlisted public companies in Nigeria was
freely carried out through private arrangements with little or no regulatory
oversight. This arrangement seemingly did not encourage transparency, enhance
liquidity of the securities and did not augur well for price
certainty/discovery.
In
order to ensure transparency in trading of securities of unlisted public
limited companies in Nigeria, the Securities and Exchange Commission (“SEC”)
introduced the Rules on Trading in Unlisted Securities (the “Rules”) effective
April 13, 2015.

HIGHLIGHTS
OF THE SEC RULES ON TRADING IN UNLISTED SECURITIES

The
Rules have been primarily introduced to ensure that the buying and selling of
securities including equities and bonds of unquoted/unlisted public companies
is carried out through a system which has been approved by the SEC. In this
regard, the Rules stipulate that no person shall buy, sell or otherwise transfer
securities of an unlisted public company except through the platform of a
registered securities exchange established for the purpose of facilitating
over-the-counter (“OTC”) trading of securities
.
This
new requirement implies that the legitimate trading platform for unlisted
securities of public companies in Nigeria can only be effected through a
registered OTC platform. Accordingly, buying, selling and transfer of all
securities of unlisted/unquoted public companies must henceforth be made through
SEC registered OTC platforms such as the NASD Plc (sponsored by the National
Association of Securities Dealers) and the FMDQ OTC Plc (owned by the Financial
Markets Dealers Association) platforms which deal in trading of equity and debt
securities respectively. Therefore it has become illegal to trade in securities
of unlisted public companies through a platform not recognised by SEC.
To
further ensure strict compliance with the Rules, an ad valorem penalty
provision was included in the Rules which stipulate that any unlisted public
company, director, company secretary, registrar, broker or dealer or such other
persons who facilitate the buying, selling or transfers of the securities of an
unlisted public company otherwise than through the platform of a duly
registered securities exchange shall be liable to a penalty of not less than
N100,000.00 in the first instance and not more than N5,000.00 for every day of
default.
It
is our view that the introduction of these penalties for trading in unlisted
securities will serve as deterrence and ensure strict compliance with the
requirements of the Rules.

CONCLUSION

It
is our belief that the introduction of the Rules will generally enhance trading
in the securities of unlisted companies by ensuring transparency and liquidity
which are required to further improve and make the Nigerian capital market more
attractive for investment by both domestic and foreign investors.
By: Oyinkansola Annie
Credits – http://odujinrinadefulu.com
http://odujinrinadefulu.com/rules-on-trading-in-unlisted-securities/