The year 2020 was a very trying one. From the COVID19 pandemic to the death of George Floyd, Kobe Bryant and Chadwick Boseman in the United States, the year carried some major sad news. One of such was, news reports of the horrific rape and murder of a 22 year old University of Benin (Uniben) student – Miss Vera Uwaila Omozuwa shocked many around Nigeria.

As it was popularly reported, on the 13th of May 2020, Miss Vera Uwaila; the 100 level student of the University of Benin was gang raped and clubbed to death in a church where she went to read. Uwa’s story stands out as a shocking example of the vile acts of gender based violence that continue in Nigeria and even the world.

The statistics and glory tales of rape show that the crime is more widespread and far reaching than what merely meets the eye.

[LEGALESE: you may choose to skip this ]

The Criminal Code – applies in the Southern States of Nigeria

Under the Criminal Code (Section 357 & 358), Rape is defined as “having unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false act, or, in case of a married woman, be impersonating her husband.” This offence is punishable by imprisonment for life, with or without caning.

The Penal Code – applies in the Northern States of Nigeria

Under the Penal Code (Section 282), “A man is said to commit rape who has sexual intercourse with a woman in any of the following circumstance: against her will; without her consent; with her consent, when the consent is obtained by putting her in fear of death or of hurt.”

The Criminal Law of Lagos – applies only in Lagos State

Under the Criminal Law of Lagos State (Section 258) “Any man who has unlawful sexual intercourse with a woman or girl without her consent, is guilty of the offence of rape”

The Violence Against Persons (Prohibition) Act (VAPP Act )

Under the Violence Against Persons Prohibition Act (Section 1) “A person commits the offence of rape if he or she intentionally penetrates the vagina, anus or mouth of another person with any other part of his/her body or anything else without consent, or the consent is obtained by force”

What does the Law say about Rape in Nigeria? Basic information you should know.

Rape is non-consensual sex. That is, it is sex performed on a girl or woman without getting her consent. So, when a man forces his way to have sex with a woman without getting her consent, he has raped her. By law, if he gets the woman’s consent by force, threats, intimidation, deception, or even impersonation, he has also raped her. We talk more about consent later in this article.

Our definition above may seem one-sided. We understand. We are very aware that it is also possible for a woman to have sex with a man without his consent. In Nigeria, when such happens, the woman may be found guilty of raping the man (depending on where in the country the act occurs). We have deliberately used the word ‘may’ and we will explain why.

At the time of this writing, the laws in some states of Nigeria only contemplate a man raping a woman. The laws in these states by clear implication, consider it impossible that a woman would or could have sex with a man without his consent. Little wonder that in these states, the definition of the offense of rape makes no mention of or reference to a woman raping a man. A clear example can be seen from the definition of rape according to the criminal code. If you skipped the definition of rape from the laws (above), you may want to revisit it to get our point.

So in these states, it would be a ‘legal impossibility’ for a woman to be convicted for raping a man.

But in some other states, the law considers it possible for a woman to rape a man. These states (at the time of this writing) are Kaduna, Anambra, Oyo, Ogun, Lagos, Plateau, Cross River, Benue, Ebonyi, Edo, Ekiti, Enugu, and Osun States as well as the FCT, Abuja. The Violence Against Persons (Prohibition) Act (or Law) applies to these parts of the Country. It is this law that makes it possible for a woman to rape a man under Nigerian Law. This is because the definition of rape in this law is not as restrictive as the definition in the criminal code, the penal code, and the criminal law of Lagos State. We yet again would have to refer you to the definition of rape under the various laws to clearly show our point. So, in these parts of the country, a woman can actually be found guilty of raping a man because of the VAPP Act.

Interestingly too, the Violence Against Persons (Prohibition) Act, makes the offense of rape more encompassing. Therefore, rape under the VAPP Act is not just the non-consensual sex performed on a woman or girl by a man. It includes the non-consensual penetration of the anus or mouth of another person with any other part of a man or woman’s body or anything else. In effect, in the states where the Violence Against Persons Prohibition Act applies (including the FCT, Abuja), the following is true;

1. A man can be raped by a woman in the eyes of the law.
2. The non-consensual penetration of the mouth or anus of another person by a man or woman also amounts to rape.
3. The instrument of penetration does not have to be a penis. It could be any other part of the body or an object too.

What consent is not

Since rape is non-consensual sex, many rape cases usually revolve around the issue of whether or not the victim consented to sexual intercourse. It is noteworthy that when the consent of the victim is gotten through the use of force, threats, intimidation of any kind, or by instilling fear that the victim could get hurt if she does not ‘comply’, the law actually considers there was no consent at all.

Equally, consent obtained by a false or fraudulent representation of the nature of the act is not valid in the eyes of the law. In the case of a married woman, where the rapist impersonates her husband and deceives her into giving her consent, the law also considers that there was no consent at all.

Organizations that Help and Support Rape Victims in Nigeria

Recovering from the trauma of a rape incident can be difficult. Most times victims do not want to talk about it at all. At other times they keep the incident as a secret for the fear of how others will react or respond. It is always advisable that help is gotten either from an organization or even trusted spiritual leaders or family.

In response to how sensitive the issue of abuse can be, these organizations have been set up and offer help, assistance and support for rape victims. They can be reached through their web addresses and contact details below;

Stand to End Rape Organization (STER) – find out all you need to know about STER by visiting their website http://standtoendrape.org/

Lagos Address: 1B Godson Ilodianya Close,Off Ayo Babatunde Crescent, by Akiogun road, Oniru, Lekki, Lagos.

Email: contactus@standtoendrape.org

Phone No: 08095967000

Abuja Address: Second Floor, FCT City Library, No. 2 Gwani Street, Opposite IGI House, Zone 4, Wuse, Abuja.

Email: STERAbuja@standtoendrape.org, Phone No: 08130320270

Port-Harcourt: Phone No: 08130320270, 08188576948, Email: sterph@standtoendrape.org

The Mirabel Center: This is a center set in 2013 to provide medical and psychosocial aid to survivors of rape and sexual assault in the country. The center is managed by Partnership for Justice with Tel: 08155770000, 07013491769, 08187243468, 01-2957816 www.pjnigeria.org sarc@pjnigeria.org, partners@pjnigeria.org, partners4justice@yahoo.com.

 The Center is located at Lagos State University Teaching Hospital (LASUTH) Ikeja, Lagos. Opening hours are; 9am – 5pm – Monday – Friday, 10am – 4pm Weekends & Public Holidays Tel: 07013491769, 01-2957816, 08176275732, 08176275695 and you can visit their website at https://mirabelcentre.org/ for further details

Women at Risk International Foundation (WARIF) – https://warifng.org/

Further contact details for WARIF are

WARIF Centre

6, Turton Street Off Thorburn Avenue, Yaba, Lagos, Nigeria

Telephone contact (+234) 809 210 0008 and email address- info@warifng.org

FIDA Nigeria: To reach FIDA Nigeria, you can visit their website at https://fida.org.ng/ or send an email to fidanigeria@yahoo.com or call +234 708 849 6115 for inquiries.

Sexual Assault Referral Centers (SARCs)

A Sexual Assault Referral Centre provides the following services to victims of sexual assault:

1. Confidentiality, privacy and a client-focused approach, where the victim is believed and not blamed
2. Immediate, emergency medical treatment
3. Forensic medical examination services by specially trained doctors and midwives (who prepare reports that are admissible as evidence where appropriate)
4. Advice on sexually transmitted infections (STIs) and the risk of pregnancy
5. Immediate and on-going counselling support from people experienced in the specialized field of counselling victims of sexual abuse
6. Support in contacting the police, social welfare department or CSOs where appropriate and where the victim requests it
7. Advice and on-going support throughout any police investigation and prosecution

Victims can ‘walk in’ to the SARC or can be referred by any number of agencies including the Police, Ministries of Gender / Women Affairs, Hospitals, CSO/NGOs, etc. All cases are treated with confidentiality and no victim is required to report their case to any other agency if they do not want to (if the victim is a minor, reporting to the appropriate authorities is mandatory). The SARCs provide services free of charge.

Agape Sexual Assault Referral Centre

Immanuel General Hospital, Eket, Akwa Ibom State

08023009220, 09077777433, 09090000648

FCT – Sexual and Gender Based Violence Response Team (FCT-SGBVRT) Walk in CLINIC

Social Development Secretariat (SDS) 2^nd Floor Cyprian Ekwensi House, Arts & Culture Complex Area 10, Garki, Abuja, Federal Capital Territory, 08077111126

Jigawa Sexual Assault Referral Center

Dutse General Hospital, Jigawa State

08033035588, 08153005400

JNissi Mission Help Initiative

Laderin Workers Estate, Laderin, Abeokuta, Ogun State

07052459648

Ogun State Min of Health

Department of Public Health, Okemosan, Abeokuta, Ogun state

0802 8766211

Kano Sexual Assault Referral Center

Waraka Centre, Murtala Mohammed Hospital, Kano

08065340578

Mirabel Sexual Assault Referral Center

Lagos State University Teaching Hospital

Ikeja, Lagos State

08155770000, 08115554877, 08187243648 08176275732, 07013491769

Nigerian Institute of Medical Research (NIMR)

Edmund Crescent, Yaba, Lagos State

08033065683

Rayuwa Sexual Assault Referral Center

Police Clinic, Minna, Niger State

08188107782, 07030735333, 08084944034

Salama Sexual Assault Referral Center

Gawna Awan Specialist, Kakari, Kaduna State

08033837025

Adamawa Hope Centre

Yola Specialist Hospital, Yola, Adamawa State

08033162823, 08069710461

Tamar Sexual Assault Referral Center (SARC)

FSP Medical Center, opposite former Institute of Management and Technology (IMT), Enugu, Enugu State

09091333000, 09092777000, 08060084441, 07032567458

Umaru  Shehu Ultra Modern Hospital

Maiduguri, Borno State

08023585805

Women at Risk International Foundation (WARIF)

6 Turton Streeet off, Thorburn Avenue, off ozone Cinema, Yaba, Lagos State

08092100009

Yobe Sexual Assault Referral Center

Damaturu, Yobe State

07030103847

Kaduna State

Salama Sexual Assault Referral Centre

Dr. Gwamna Awan General Hospital, Kakuri, Kaduna state.

08092049888, 09029991140

We hope this article helped you find help for a rape victim or any other information about rape you needed. You may also want to see our list of organization that offer free legal services and assistance to Nigerians. If you liked this article then please subscribe to our youtube channel for videos relating to the law and you can also find us on facebook. We would also love to receive feedback or suggestions from you

“If we no get money, wetin we gain?”

                                                -Victor AD

“If you no get money, hide your face!”

                                                -Davido, Small Doctor

The quotes above are lines from the songs of popular Nigerian musicians that have repeatedly found their way to the top of the trending playlist. To delve into the truth or morality of these lyrics would be an incursion to the field of jurisprudence, which is outside the ambit of this article. One thing is clear from these lyrics however, money as well as bills of exchange is important in the smooth running of governmental and private lives.

Modern times have witnessed the ease of financial transactions such that with a mere signature or a few clicks, money can be transferred across various continents of the world seamlessly through the use of cheques, bank drafts, mobile applications or even USSD codes. The focus of this work would be on the use of cheques as a means of money transfer.

A cheque is “a written order to a bank to pay a certain sum of money from one’s bank account to oneself or to another person…. It metamorphoses into physical cash on due presentation at the bank and that makes it a legal tender. In other words, a cheque is always regarded as a legal tender or an instrument for payment once it is duly completed and signed with date[1]”.

What is a Dud Cheque?

For emphasis only, a dud or bounced cheque is one that cannot be paid because the person who wrote it has no money or not enough money in their bank account. At the risk of sounding repetitive, a “Dud” cheque is when you issue a cheque whose amount is more than the actual funds in your account. 

Cheques are without doubt, a legal tender and a negotiable instrument. However, unless a cheque is honoured or cleared, it does not equate to money[2].  Where a customer has sufficient funds in his account, a bank has the duty to honour the cheque of the customer. Where a bank fails to honour the cheque of a customer that has sufficient funds in his/her account, such customer can:

• Sue the bank for breach of contract and the bank would be liable to pay damages[3]: This is rooted in the principle that the Bank is in law, deemed to be the agent[4] as well as the debtor[5] of its customer. As an agent and a debtor, a bank is therefore in a contractual relationship with the customer and a refusal to honour the cheque of the customer is a refusal to honour its contractual obligations.
• Sue the bank for defamation[6]: To defame a person is to lower that person in the esteem of right thinking members of the society. Generally, where defamation is oral, it is called slander but where it is written, it is libel. In this sense, where a bank dishonors the cheque of a customer, it may be presumed that such customer did not have sufficient funds in his account as he had claimed and therefore reduce his esteem in the eyes of the third party to whom the cheque was payable. Where a cheque which was payable to self, that is, to the customer, was dishonored, the Court has held that there was no defamation as his esteem was not reduced among the members of the society[7].

On the flip side, a bank may dishonour the cheque of a customer because such customer DOES NOT have sufficient funds in his account[8]. This cheque is often referred to as a dud cheque. This act of the customer has serious repercussions. In the case of N.B.N Ltd v. Opeola[9], the Court held that:

“A dud cheque paid into a bank is not only an embarrassment to the payer but also to the bank and therefore the banker. A banker which is not vigilant can get itself involved in serious accounting problems, at times, huge shortages, depending on the amount involved in the dud cheque.”

Perhaps, another reason why the issuance of a dud cheque is highly frowned at by the law is because the customer of a bank has the option of issuing a bank draft instead. Unlike a cheque, a customer does not need to have sufficient credit in his bank account to issue a bank draft. A bank is “payable at sight regardless of whether the person on whose behalf the draft was issued held money in his account at the material time or not”[10].

In any case, a customer who issues a dud cheque incurs both civil and criminal liabilities.

CRIMINAL LIABILITIES[11]

Is Issuing a Bounced Cheque a Crime in Nigeria?

The principal law that makes the issuance of dud cheque a crime in Nigeria is the Dishonoured Cheques (Offences) Act 1977. Section 1 of this Act proscribes a person from obtaining the delivery of anything capable of being stolen or obtaining credit for himself or any other person by means of a cheque that, when presented for payment not later than three months after the date of the cheque, is dishonored on the grounds of insufficient or no funds[12]. The punishment for this for an individual is two years imprisonment without the option of a fine[13]. If the offender is a corporate body, the punishment is a fine of not less than N5,000[14]. The Economic and Financial Crimes Commission (E.F.C.C) is empowered to prosecute cases of financial crime. As such, they are also empowered to prosecute instances of the issuance of dud cheques[15].

This Act further states that where the dud cheque was issued in settlement of an obligation under an enforceable contract entered into between the owner of the cheque and the person to whom the cheque is issued, the owner of the cheque is still liable to be punished irrespective of the fact that at the time the contract was entered into, the manner in which the obligation would be settled was not specified[16].

A defence to the issuance of a dud cheque under the Act is that the owner/issuer of the dud cheque had reasonable grounds for believing that the cheque would be honoured when presented for payment[17]. In line with the presumption of innocence accorded to an accused person under the Constitution[18], a person is not precluded from raising other probable defences to aid in his defence[19].

CIVIL LIABILITIES

Can I get Sued for Issuing a Dud or Bounced Cheque?

Aside from criminal liabilities, the issuer of a dud cheque also incurs civil liabilities for himself. The Bills of Exchange Act by Section 47(1) and (2) states to the effect that where a bill of exchange (which is inclusive of a cheque), is dishonoured, then an immediate right of action accrues against the drawer and endorser of that bill of exchange.

 The reason for this provision is stated in Section 55 of the Bills of Exchange Act where the law says that such drawer or endorser of that cheque is liable because by so drawing or endorsing the cheque, he has made a representation that on the presentation of that cheque, the cheque would be accepted and the money would be paid by the bank[20]. This section further states that the drawer or endorser of a cheque has also impliedly guaranteed that if the cheque is dishonoured, he would compensate the holder of the cheque.

In considering the damages payable by the issuer of a dud cheque, Section 57 of the Bills of Exchange Act enjoins a consideration of the:

• The amount of the bill (i.e the amount of the cheque for the purposes of this article)
• Interest from the time of the presentation of the bill or maturity of the bill
• The expenses incurred in the noting or protest of the bill.

In recent times, to uphold the integrity of financial transactions, the Central Bank of Nigeria, through the Credit Registry launched an Application Programming Interface. The essence of this is to ensure that all financial institutions verifies the ‘dud cheque risk’ of their customers. Under this application programming interface, where the financial institution finds out that a person issues a dud cheque, that person may be:

1. Banned from accessing credit facility for a period of five years
2. All the unused cheque books of such a person would be cancelled.

Thank you for reading.

Written by Memma Udowoima BL

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[1] Per Niki Tobi J.S.C in Bolanle Abeke v. The State (2007) 9 NWLR (pt. 1040) 411 at 432 paragraphs G-H; Section 73 of the Bills of Exchange Act

[2] PerAndrews Obaseki J.S.C in H.M.S Ltd v. First Bank (1991) 1 NWLR (pt. 167) 290 at 310 paragraphs E-F

[3] Nwosu v. Zenith Bank Plc (2015) 9 NWLR (pt. 1464) p. 336; Afri Bank (Nig.) Plc v. A.I Investment Ltd (2002) 7 NWLR (pt. 765) 40 at 64; U.B.A Ltd v. Ibhafidon (1994) 1 NWLR (318) page 123 C-D; Savannah Bank (Nig.) Ltd v. Salami (1996) 8 NWLR 9pt. 465) 131 at 140-141

[4] Yesufu v. A.C.B (1981) 1 SC 74 at 92; Union Bank v. Nwoye (1990) 2 NWLR (pt. 130) 67 at 77 

[5] Akwule & ors v. The Queen (1963) All NLR 191 at 198; B.O.N v. Yau (2001) 10 NWLR (pt. 721) 408 at 438

[6] Balogun v. N.B.N (1978) 11 NSCC 135 at 143; Coker v. Standard Bank of Nigeria Limited (1976) NCLR 174 at 177-178; Ide Chemists Ltd. V. National Bank Nig Limited (1976) NCLR 143 at 148. In these cases, the Court also held that where it is also defamatory where a bank endorses a cheque as “referred to drawer” or “re-present cheque” or “return to acceptor”.

[7] I.B.W.A v. Kennedy  Trans. (Nig.) Ltd (1993) 7 NWLR (pt. 304) 238 at 254; Kinlan v. Ulster Bank (1928) 1 IR 171

[8] Lack of funds or insufficient funds are not the only reasons why a bank may decide to dishonor the cheque of a customer. However, refusal based on lack of funds or insufficient funds is the focus of this article.

[9] (1994) 1 NWLR 141 paragraph C

[10] Section 83 of the Bills of Exchange Act; U.B.A v. Ibhafidon supra; Lagricom Co. Ltd v. U.B.N Ltd (1996) 4 NWLR (pt. 441) 185 at 205. However, when a customer presents a cheque and money or credit is given to the customer but the bank later finds out that such customer did not have sufficient money in his account, the cheque would be deemed to be a request for an overdraft, a loan. A.C.B v. Egbunike (1988) 4 NWLR (pt. 88) 350 at 365; A.C.B v. Babayemi (1969) NCLR 363 at 370; Barclays Bank of Nigeria v. Mahmud (1976) 1 FNR 26 at 29; B.O.N v. Yau supra; Adereti & Anor v. Attorney General, Western Nigeria (1965) NSCC 193

[11] Bolanle Abeke v. State supra; Abraham v. State (2018) LPELR-44136 (CA); Fajemirokun v. Commercial Bank Nigeria Limited (2009) All FWLR 487; Suleiman v. F.R.N (2018) LPELR-46667 (CA)

[12] Section 1(1) of the Dishonoured Cheques (Offences) Act

[13] Section 1 (1)(b)(i) of the Dishonoured Cheques (Offences) Act

[14] Section 1(1)(b)(ii) of the Dishonoured Cheques (Offences) Act

[15] Danfulani v. E.F.C.C (2016) 1 NWLR (pt. 1493) 239 at 246; Section 1(2)(c); Section 6(b)(h)(m); Section 7(1)(a)l; Section 7(2)(f) of the Economic and Financial Crimes Commission Act

[16] Section 1(2)(b) of the Dishonoured Cheques (Offences) Act

[17] Section 1(3) of the Dishonoured Cheques (Offences) Act

[18] Section 35 and 36 of the 1999 Nigerian Constitution (as amended)

[19] Emenegor v. State (2010) All NWLR (pt. 511) 884 at 913; Akpabio v. State (1994) 7 NWLR (pt. 359) 671

[20] Section 55(1)(a); Section 55(2)(a) of the Bills of Exchange Act.

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To live in Nigeria, two things are involved; it is either you are a landlord or you are a tenant. If you are a landlord, two more things are involved; it is either your tenant pays rent or he owes rent. If your tenant pays rent, happy are you but if your tenant does not pay his rent, two more things are involved.…

Okay we believe you have gotten our focus for in this article, so we won’t stress you with our landlord-tenant rhyme any further. Yes, you guessed it right, will talk about the rights of landlords and tenants in Nigeria.

The relationship between a landlord and tenant is one which gives rights and obligations to both parties. The relationship is equally regulated by the law. So, we will consider the rights of each party to the relationship.

What are the rights of a landlord?

« Right to receive or collect rent: A landlord is entitled to the collection of rent on the apartment that has been rented out to a tenant. The rent to be paid is as agreed by both the landlord and the tenant. This amount is usually stated in the tenancy agreement.

« Right to review or increase rent: the Landlord also has a right to review (that is increase or decrease) the amount of rent charged on a rented apartment in view of economic realities prevalent at a certain time. However, the landlord is mandated to inform the tenant before reviewing the rent and there has to be a clause in the tenancy agreement allowing for such a review of the rent. Also, in some states, a landlord’s right to review rent can be curtailed by the Court.

« Right to have his house maintained in a good condition: It is the right of the landlord to have his house maintained in a good condition by the tenant. The tenant is to take good care of the rented apartment and to prevent avoidable damage to the apartment. This right does not however extend to damages caused by natural disasters, for instance, where the roof of the house is blown off by a thunderstorm.

« Right to lawfully evict a tenant: Yes, the landlord can evict a tenant. But such an eviction must be carried out within the bounds of the law.

« Right to issue a notice to quit: It is the right of a landlord who no longer desires that a particular tenant reside in his premises to issue the appropriate notice to quit to the tenant. The length of the notice to be given will depend on a number of factors such as the nature of the tenancy etc

« Right to reasonable periodic inspection of the rented apartment: The landlord is allowed to at certain intervals to come to the rented apartment and check the apartment for possible repairs. This is to be done at a reasonable time of the day and after reasonable notice has been given to the tenant.

What are the rights of a tenant?

• Right to issuance of a payment receipt: Upon payment for the rented apartment, the tenant is entitled to a payment receipt for the rent paid from the landlord. This is to serve as a proof in case the landlord happens to rent out the same apartment to another person. The dates on the receipt can help to determine who actually rented the apartment before the other.

• Right to an apartment fit for human habitation: The apartment rented must be one which a human being is reasonably expected to reside in.

• Right to a written tenancy agreement: This is very important as this agreement will clearly spell out the rights and obligations of both the tenant and the landlord. This agreement is of utmost importance to the tenant in case of any misunderstanding that might crop up and require the exercise of the law.

• Right to peaceful enjoyment of the rented premises: Once rented, the premises is in possession of the tenant and he or she is entitled to the peaceful use and enjoyment without unnecessary interference from the landlord or some other person.

• Right to be issued a valid notice to quit before eviction: In the event that the landlord wants the tenant to pack out of the rented building, the tenant is entitled to be given a valid notice to quit having regard to the nature of the tenancy.

Queen Charles B.L.

The information above is only provided for general information purposes and does not amount to legal advice or soliciting. Also, No Lawyer-client relationship has been created and neither can such a relationship be implied. This information is not intended to substitute the services of a lawyer, if you need legal advice, kindly consult a lawyer for your specific needs. For any further information, you could send us a mail via contact@ls-ng.com

The CyberCrimes (Prohibition, Prevention, Etc) Act was enacted in 2015. This radical and novel legislation is essential and its provisions are a must know in the wake of the explosive use of the internet.

Question is; how does this Law affect you as a person? Not to worry, at LAWgically Speaking-NG, we are here to provide the answers.

1. All operators of Cyber Cafés are to be registered as business concerns

Since this law came into force in 2015, all operators of cybercafés in the country are to register as business concerns with:

a) The Computer Professionals’ Registration Council and

b) The Corporate Affairs Commission (as business names)

In addition, all cybercafés must keep a register of their users through a ‘sign-in register’. This is usually necessary to help the law enforcement agencies carry out their investigations of cybercrimes. Also, this register might be useful as a defense if the cybercafé owner is arrested and charged for allegedly conniving or conspiring with cybercrime suspect comes. [Section 7 of the Act]

2. Electronic Signatures used in transactions are presumed to be regular and of full effect

By this law, electronic signatures on documents are generally presumed as regular and binding {Section 17(1) (a)}. What this means in simple terms is that where a document is signed using an electronic signature, such a document will be presumed to be in order (that is it is presumed to be valid and binding). The effect of this is that if anyone alleges that such signature was a forgery, it will be such a person’s ‘duty’ or ‘burden’ to prove his allegation that the electronic signature is indeed not genuine {Section 17(1) (b)}.

However, the law excludes some documents from this presumption. Therefore electronic signatures used on these documents that are excluded would not be presumed valid by the effect of this law. The excluded documents include – court official documents, birth and death certificates etc.

Corporate bodies, Businesses and Persons are therefore advised to invest in technologies that will prevent hacking and other electronic identity theft practices. [Section 17 of the Act]

3. Producing, making available, distributing and possessing Child Pornography is a crime.

Child pornography is criminalized by sec. 23 of the Cyber Crimes Act. This covers not only depictions of children engaging in sexually explicit activity but also persons appearing to be children or realistic images representing children engaging in sexually explicit activity. All these are offences by this section of law {sec. 23(4) of the Cyber Crimes Act}.

By this section, the production or offering or making of child pornography; as well as the distribution, transmitting and possessing of child pornography in a computer system or computer storage medium are all criminal offences. Each of these offences has various punishments. They are summarized as follows

• Producing, Offering and distributing child pornography – 10 years imprisonment or fine of not more than N20M or imprisonment and fine.

• Procuring and possessing child porn – imprisonment of not more than 5 years or or fine of not more than N10 Million or imprisonment and fine

Also, it is a crime under this law for a person to intentionally propose, groom or request (solicit) to meet with a child for the purpose of engaging with sexual activities with the child. Equally, where a person in a position of trust (say a relative or guardian to the child) engages in sexual activities with a child, irrespective of the dependence or mental or physical disability of the child, such a person has committed an offence under this law. Same applies to a person who recruits, induces, coerces or causes a child to engage in pornographic acts.

4. Cyberbullying is a criminal offence

The rise of instant messaging and social media has given rise to cyberbullying. The world of social media has become a ‘no-man’s land’ where persons become the accusers, judges and executioners of a suspect/accused from the comfort of their phone, laptop or desktop screens. The tragedy of this kind of bullying played out recently with Izuchukwu Madubueze at the center and caused him to take his life as a result.

Cyber bullying is prohibited by sec. 24(2) of the Cyber Crimes Act and as such, the transmission of communication over a computer system with the intention of bullying, threatening or harassing a person to put such person in fear of death or bodily harm or containing any threat to kidnap a person is prohibited. Demanding a ransom after a kidnap or threatening to destroy the reputation of another, living or dead; or to extort from a person is also prohibited. The period of imprisonment or the amount of fine that a person may pay depends on the offence committed but the least term of imprisonment prescribed in that section was 5 years imprisonment or the sum of N15 million as a fine or both imprisonment and the payment of fine.

Where the nude pictures of a person is circulated round the internet with the aim of humiliating such person, it is covered under Section 24 of the CyberCrimes Act but where there is no such intention, it is still criminalized under the Criminal Code Act and Penal Code for obscene publication.

5. Cyberstalking is a criminal offence

This is defined in the Act to be: a course of conduct directed at a specific person that would cause a reasonable person to feel fear- Section 58 of the Act. Cyber stalking covers situations such as sending a message to someone that is so grossly offensive, pornographic or indecent or obscene in character. Even if the message is not of an indecent nature, where the sender, knowing the message to be false still goes ahead to send it for the purpose of causing enmity or annoyance or ill will or insults, it also amounts to cyberstalking. The penalty for cyberstalking is a fine of N7 million or imprisonment for not more than 3 years or both {Sec. 24(1) of the Cyber Crimes Act}.

Hope the foregoing has informed you substantially about your activities online. Kindly ensure you are not found on the wrong side of the law.

The information above is only provided for general information purposes and does not amount to legal advice or soliciting. Also, No Lawyer-client relationship has been created and neither can such a relationship be implied. This information is not intended to substitute the services of a lawyer, if you need legal advice, kindly consult a lawyer for your specific needs. For any further information, you could send us a mail via contact@ls-ng.com

“The love that once bound these two people and got frosted. Can be likened to verse xxxv of Shakespeare “Sonnets a sort of Lamentation”. And also verse 1 of “Passionate Pilgrim” Thus we have in this case” so much love.  And then so much pain”. It is the way of the World.”

PATS – ACHOLONU, JSC

Fellow compatriots, heartbreaks seem to have a never-ending trend season. A few months back, news of breakups, dumping, eloping and jilting were very common. As you would expect, each ‘jilt or breakup’ episode had different story lines and plot twists but all had a common summary. That summary as you also know is this; one romantic partner refused fulfilling his or her promise to marry.

This is what one may call – ‘a very annoying I no do again situation’. And it often leaves the disappointed partner heartbroken and sometimes doing a mental cover of Toni Braxton’s un-break my heart or Adele’s someone like you. This is a sad reality, I know and you might ask; is the law silent on heartbreaks? The answer is a ‘technical’ No, the law actually offers the heart broken some succor in selected situations. The Law also affects couples when they are dating as you can remember by this previous article of ours.

To commence our explanation, it is important to know that a romantic relationship remains unrecognized or unprotected by the law until a promise of marriage is made. Once this promise is made, the status of the relationship is lifted to a legally binding contract.

What is a Promise to Marry?

A “promise to marry” is simply an agreement between two people to be married. This agreement can be made orally, in writing or otherwise. No matter how the agreement is made, it must be made with mutual understanding by both parties to each other. Note the word ‘mutual’ please. Interestingly too, in some cases, a promise to marry can be inferred from the conduct or action of the party making the promise.

Where a party calls off the engagement by any means, other than by an agreement with the other party, he/she is in breach of a promise of marriage and can be sued (put differently, he or she is liable).

But after the heart break comes this news Flash: if the heartbroken partner engages in acts of violence to hurt the eloped or jilting partner, criminal charges could come knocking. And the heart broken partner may console himself or herself in prison after being prosecuted. It is therefore advisable that a hurt partner seeks redress in court and not inflict violence on the heart breaker.

In suing for breach of promise to marry, it would be necessary to prove that:

1. there was a promise of marriage (recognizable in Law) and this does not need to be in writing. The promise of marriage must be clear. No one should be in doubt of the real intentions of the parties into enter into a marriage. A mere romantic relationship, wishful thinking and futuristic talks won’t sustain a suit in Court.
2. the other party has failed or refused to honour their obligation (in this case, the promise of marriage)

Once these elements are sufficiently proven, the party is entitled to and may be granted a measure of monetary compensation (damages). However, the proof of these elements is not an automatic lottery ticket to monetary compensation. That is because of Section 197 of the Evidence Act (which I have reproduced below).

Very importantly too, never forget that the Court will not force an unwilling partner into marrying a willing and ready partner. Therefore, you will not get an order from the Court forcing the ‘heartbreaker’ to fulfill his or her promise of marriage. Rather, the court will convert whatever loss suffered into monetary and material value. Such may be loss of marriage/consortium, injured feelings, wounded pride and money spent in contemplation of the promise to marry.

Other Compensations may include: 

1. Recovery of engagement ring: where the lady breaks off the engagement without just cause, she is bound to return the ring. On the other hand, where the man breaks off the engagement without just cause, he loses his right to reclaim the ring.
2. Recovery of Gifts: this is the most sort after compensation. Just for the records, it is noteworthy that the law makes a distinction between gifts made in contemplation of marriage on the one hand, and those that are absolute and free on the other hand. The former include the ring, money and items directly meant for the wedding day and matrimonial home. These are recoverable. While absolute and given gifts given freely out of love, and not on the ‘business’ or contract of marriage are not recoverable. Putting it more practically, all those recharge cards, hair money, sit-out expenses, valentine’s day gifts and iPhone money are irrecoverable because they were given out of love as could happen between friends, and are therefore not proof of a promise to marry.

The ‘Heartbreaker/Defendant’ may have a sufficient defence in Court if: 

1. he or she proves that the agreement to marry was made under fraud, duress or misrepresentation.
2. the plaintiff/heartbroken party (or Ex) possesses certain moral, physical or mental infirmity or incapacities which makes he or she unfit for marriage. Some instances here include: bad character, violence and ungovernable temper, lady is pregnant for another man, or where the plaintiff had an illegitimate child without the knowledge of the defendant before the agreement was made.

On the whole, the law frowns on heartbreaks after there has been a promise of marriage. Also in appropriate cases, the law provides monetary compensation to the heartbroken when there is an unfulfilled promise of marriage.

Next time you or someone you know suffers a breach of promise to marry, please do not try to physically harm anybody. Get mad by consulting a lawyer!

Sources:

MISS CHINYE A.M. EZEANAH V. ALHAJI MAHMOUD I. ATTA (2004) LPELR-1198(SC)

Lambe v. Jolayemi (2002) 13 NWLR (Pt. 784) Pg. 356 Paras. E – G

Section 197 of the Evidence Act 2011 states that No Plaintiff in any action for breach of promise of marriage can recover a verdict unless his or her testimony is corroborated by some other material evidence in support of such promise, and the fact that the defendant did not answer letters affirming that he had promised to marry the Plaintiff is not such corroboration.

You may also want to read this article by Alliance Law Firm

Aniekan Imeh LLB

The information above is only provided for general information purposes and does not amount to legal advice or soliciting. Also, No Lawyer-client relationship has been created and neither can such a relationship be implied. This information is not intended to substitute the services of a lawyer, if you need legal advice, kindly consult a lawyer for your specific needs. For any further information, you could send us a mail via contact@ls-ng.com.

A few months back, the trending lyrics were; “valentine is coming, where is your boyfriend…”. At the time of this writing, valentine has passed and we must admit for most cases, labor room manifestations may have shown up 8 months later. 

I admit that falling in love may sometimes seem like some tricky business. The law seems to identify this too. Thus, the law does not give you substantial regulations on when to “shoot your shot”, who to “chyke” as well as the hot strike or toasting lines that you must use on a prospective boo. The major restrictions by Nigerian Law on who you could think of entering into a marriage relationship with are; 

1. You cannot marry a minor or child that is a person below 18 years¹
2. You cannot marry a person of the same sex or gender ²
3. You cannot marry within the prohibited degrees of consanguinity³. If you and your intended spouse, are within the prohibited degree of affinity you can only lawfully get married after applying to a Judge for permission to do so⁴. Sounds strange right? I know.

Just to explain further, the prohibited degrees of consanguinity and affinity are actually classes of relationships either by marriage or blood which render it unlawful for two persons to get married. Blood relationships are called consanguinity and marriage relationships are called affinity. By the law, the prohibited degrees of consanguinity include – a blood Sister or brother, Uncles, Aunties, Nephews, and Nieces. So as a man or woman, the law prohibits your getting married to any of the persons on that list (the consanguinity list).

For the affinity list (or the prohibited degrees of affinity) here we go; your mother-in-law, your wife’s grandmother, stepdaughter or son, Step Mom or Dad. Don’t ask why anyone would want to get married to someone on this list.

4. You cannot marry a person who is already lawfully married to another person under the Marriage Act. This is called the offense of bigamy. Interestingly, it is important to know that Lagos State has decriminalized bigamy. Hurray? There are still some arguments about this in some law circles.

Before I continue, pls note: in this article, we use bae and boo as conventional slang terms for girlfriend or boyfriend. 

In continuation, don’t forget that the law in this realm is rather protective of boo’s interest and so, doing the work of ‘Johnny’ in Yemi Alade’s hit song may just land you a lawsuit. Put differently; don’t follow Cynthia, don’t give Uche belle, and don’t promise Nene marriage when you don’t intend to marry Nene. If you do, Nene can sue you for breach of promise to marry and may get monetary compensation for your toiling with her heart. This is because, under Nigerian law, an agreement to marry is seen as a binding legal contract. It is however important to note that the Court will not force an unwilling party into getting married to a boo that he or she now considers an ex-boo. 

Having said the above, here are some specific things to note;

What if I physically abuse my Partner while dating?

It is common to overhear shouts from most couples in a dating relationship. Scratch that. Let us get a bit more specific; in most dating relationships, it is common to hear “You will kill me today” from the lady while the man pounds at her as if he is another heavyweight boxer (it could be the reverse mind you). Note that, being in a relationship does not give you the right to physically abuse your partner.

Doing this may make you guilty of criminal assault and make you enjoy the solitary confines of a jail cell⁵

In Lagos State, there is also the Protection Against Domestic Violence Law of 2007 that prohibits all forms of domestic violence. Also, an abused partner could maintain or file a civil action and if successful may be given (or awarded) monetary compensation by the Court. 

Does My Girlfriend or Boyfriend Legally Owe me Sex?

As a boyfriend, your boo does not legally owe you any duty to satisfy your sexual demands (consortium). This duty is only legally owed by validly married couples to each other. Also, don’t forget that having sex with your girlfriend where she is below 18 is a criminal offense⁶ 

Put differently, if by any strange occurrence, your boo is below 18 and you are caught having sexual intercourse (even when it is with her consent) you will be prosecuted for having committed an offense. This is because since boo is less than 18 years, she has not reached ‘the age of consent’. The age of consent in Nigeria is 18 years old. The ‘age of consent’ is the minimum age at which an individual is considered legally old enough to consent (or agree) to participate in sexual activity.

Where boo is above 18 but withholds consent and you forcefully carry out sexual activity with her, it is termed rape and this is also punishable by law. It is also important to say that Men can now also be raped by women under Nigerian Law. This position of the law does not apply throughout Nigeria and you could find out why in this previous article of ours.  

Can I sue My darling for gifts and unfulfilled promises?

Strange as it may sound, Boo is not “legally bound” to give you a birthday gift, valentine’s day gift, women’s day money, Friday evening money, hair money, shoe money, etc. As a general rule, whatever your partners gives you or fails to give you cannot be adjudicated upon. This is because the law presupposes that your partner didn’t make the promise or give the gift with the intention of being sued where he/she fails. Whatever material benefit you enjoy is solely at the romantic discretion of your partner. Don’t tell Boo I told you. This doesn’t mean that people dating cannot enter into a valid contract. One exception to this general rule is the promise to get married (or promise of marriage). This is one promise that can lead to a lawsuit if broken. You can equally confirm this through this article of ours.  

Remember Also:

Under Nigerian law, where adult you have lived with your adult girlfriend as man and wife for a reasonable length of time, there’s the rebuttable presumption of marriage. This means that the law presumes that you’re presumed married until otherwise proven.

Nkobowo Frederick BL 

The information above is only provided for general information purposes and does not amount to legal advice or soliciting. Also, No Lawyer-client relationship has been created, and neither can such a relationship be implied. This information is not intended to substitute the services of a lawyer, if you need legal advice, kindly consult a lawyer for your specific needs. For any further information, you could send us a mail via contact@ls-ng.com

CITATIONS

1. Sections 21, 22, and 23 of the Childs Rights Act 2003
2. Sections 1 and 2 of the Same-Sex (Prohibition) Act 2013
3. Citation – Section 3 of the Matrimonial Causes Act 1970
4. Section 4 of the Matrimonial Causes Act
5. Section 252 of the Criminal Code Act, Section 170 of the Criminal Code Law of Lagos State
6. Sections 221 and 357 of the Criminal Code Act, Section 31 of the Child’s Right Act 2003
7. the Violence Against Persons (Prohibition) Act, the Criminal Code Act, the Penal Code

Sometimes, getting legal services may require that you have enough money to pay the professional fees that would be charged by a lawyer. In most cases, this can be demanding because it is not common to find Nigerians who save money in preparation for ‘legal trouble’. At other times, the professional fees charged by your preferred lawyer maybe well above your current financial means and therefore difficult for you to pay.

Organizations that offer free Legal Services In Nigeria

Do not worry, there are organizations that offer free legal services to Nigerians who would otherwise not have access to legal help or services.

These organizations include;

LEDAP (Legal Defence and Assistance Project)

LEDAP is a non-governmental organization (NGO) comprising of Lawyers and law professionals. The primary aim of LEDAP is to promote and protect human rights, rule of law and good governance in Nigeria. The organization majors in providing free legal services to poor Nigerians who are victims of human rights abuses, women who are victims of domestic violence amongst others.  

You can visit their website at http://ledapnigeria.org/ or send them an email via info@ledapnigeria.org. You could equally follow their facebook page at  https://www.facebook.com/ledap.nigeria

and twitter handle @ledapnigeria to keep up with their activities and reach out to them.

LEDAP currently has offices in Lagos, Abuja, Port Harcourt and Osogbo. Some contact phone numbers for the organization are +234 9 290 1589, 0813 846 0703 (Abuja office), +234 803 302 4914 (Port Harcourt office), +234 1 291 4123, 08036913264 (general phone lines), 07030000014 (toll free number).

Legal Aid Council, Nigeria

The Legal Aid Council, Nigeria (LAC) is a governmental body established by the Legal Aid Act of 2011. The LAC provides legal services in selected criminal cases and civil cases.

The criminal cases the LAC provides legal representation for include stealing, rape, armed robbery, murder, common assault etc. The civil cases include; fundamental rights enforcement cases, a case filed by an employee for compensation for injury or accident suffered during his employment etc (for the complete list of services offered by the LAC see the Second Schedule of the Legal Aid Act 2011)

You can visit the LAC’s website at https://legalaidcouncil.gov.ng/  For correspondences, you could send an email to the LAC via info@legalaidcouncil.gov.ng

FIDA Nigeria

FIDA Nigeria is a Non-Governmental Organization that focuses on protecting women and children’s rights in Nigeria. It provides free legal services to poor or indigent women and children as well as counselling services. Currently FIDA has branches in 32 states of the Federation including the FCT.

To reach FIDA Nigeria, you can visit their website at https://fida.org.ng/ or send an email to fidanigeria@yahoo.com or call +234 708 849 6115 for inquiries.

You can equally reach out to the organization through its Facebook page. To access the services of FIDA Nigeria, you could also choose to fill a complaint form via this link https://fida.org.ng/how-to-access-our-services/

Apart from the organizations listed above, these organizations in the list below equally offer free legal services. For ease, their contact details include;

Office of the Public Defender, Lagos state

Contact Information

Head Office: – 2/8, Iyun Road, Stadium/Barrack Busstop by Funsho Williams Avenue, Surulere, Lagos.

Ikorodu Office: The Combined High/Magistrate Court, Ita-Elewa, Ikorodu Lagos.

Ogba Office: Samuel Ilori Court, Ogba, Agege, Lagos

Epe Offie: Ligali Ayorinde Combined Magistrate/HighCourt Complex, Epe, Lagos

Toll Free: 070 80 60 10 80

Email: opdlagos@yahoo.com, opdlagos@facebook.com Twitter: @opdlagos

Care for Legal Assistance and Human Rights Protection

Abuja, Nigeria

Contact Information

+2347061016859, +2347050413395

clahrpnigeria@gmail.com

Probono Clearing House

(An Initiative of the Justice Research Institute Ltd. Gte)

Contact Information

Abuja: No. 817B (Twin House) Behind GT Bank, Off EbituUkiwe Street, Jabi, Abuja FCT

Lagos: 4a Ademola Street, South West Ikoyi, Ikoyi, Lagos State.

Telephone: +234 8148922270

Email: support@probono.ng Website: https://www.probono.ng/

Women’s Rights Advancement and Protection Alternative (WRAPA)

Front Page

Contact Information

19, Monrovia Street, Off Aminu Kano Way, Wuse II, Abuja

Phone :08188699961, 08172125692, 07063807887

Email:Wrapa399@gmail.com, wrapa399@yahoo.com

Justice Development and Peace Center (JDPC) of the Catholic Secretariat of Nigeria

Contact Information

Lagos: 19, Maye Street, Yaba, Lagos jdpcarchlag@yahoo.co.uk, +(234)8102580516

Ibadan: http://www.jdpcibadan.org/, Inside St. Patrick’s Catholic Church Compound, Bashorun, Ibadan, Nigeria, jdpcibd@gmail.com, +234 (2) 7519315

Sokoto: https://catholicdiocese-sokoto.org/jdpc, Catholic Diocese of Sokoto, St. Bakhita Secretariat, No 1 Aliyu Jodi Road, +234(0) 8060934550, admin@catholicdiocese-sokoto.org

Abuja: https://jdpcabuja.org.ng/, Flat 1, Block 6, No 2, Oba Close Off Mokwa Street, Off Bendel Street, Area 2, FCT Abuja, jdpcabuja@yahoo.com, +234 807609825, +234 8038765410

Pro bono Services by Lawyers

It is also worthy of note that most lawyers offer free legal services (also called pro-bono services) to indigent persons out of their own volition or free will. These services are usually provided by lawyers without anticipation of financial remuneration or payment of legal fees. To help further, we started the LAWgically Speaking Blog to offer free legal information for every Nigerian.

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The information above is only provided for general information purposes and does not amount to legal advice or soliciting. Also, No Lawyer-client relationship has been created and neither can such a relationship be implied. This information is not intended to substitute the services of a lawyer, if you need legal advice, kindly consult a lawyer for your specific needs. For any further information, you could send us a mail via contact@ls-ng.com.

As a young child, were you ever caught by your Dad with a hot piece of meat? Like, caught ‘red-handed’. Right before you could toss the attractive piece of meat into your mouth and say nothing happened?

Or maybe Dad never caught or saw you but little Sis always did and threatened to tell Dad what she caught you doing. Now, did it happen that Daddy never allowed you to explain what you were really doing since little sis “caught” you red-handed and He often began to flog the living heaven into you?

But wait a minute, it could have been that you had a proper explanation for why you were caught in the ‘compromising situation’

• For instance, WHAT IF you were only returning the meat to the pot, and not removing that meat found in your hand?
• WHAT IF big brother had forgotten to give you meat and asked you to go and remove a piece of meat from the pot?

When Little Sis told on you, Daddy may not have had the patience to listen to your proper explanation before handing down the cane treatment (a.k.a flogging). Unlike Dad, the law actually considers things differently. So, the law places a duty on a Judge to exercise patience enough to listen to that explanation of yours. In fact, the law gives you a right to make your explanation. This is where your right to fair hearing comes in!

So for the records, remember that even with a lump of stolen meat in hand, the law gives you a right to a fair hearing. We will explain how it all fits in.

What Does the Right to Fair Hearing Basically Mean?

The right to Fair hearing is a Constitutional right granted to everyone who goes before or is brought before a court or an administrative tribunal. Section 36 of the 1999 Constitution of the Federal Republic of Nigeria contains the relevant provisions for the right to fair hearing.

The Two Pillars of the Right to Fair Hearing

The right to fair hearing has two major ambits, parts or pillars.

The first pillar of the right is that ‘both parties must be heard’. In Latin we say it this way; ‘Audi Alteram partem’ which means – hear the other side.

Usually, there are two sides to every case or dispute. These sides are what we have just called ‘parties’. Therefore in our illustration, Little Sis (the accuser) is a party and you (the accused pot opener) are ‘another’ party while Dad is certainly the Judge.

This pillar of your right to fair hearing implies that you as well as your opponent or accuser should be given equal opportunity to present your respective cases. Also, each party is entitled to know what are the allegations being made against him or her and be allowed to be heard before a verdict (or judgment) is given. A Judge is therefore at all times expected to allow both parties to present their cases and should listen to the case of each party.

Applying this to our illustration, it simply means that Dad is to allow you and little sis to explain what happened before he decides to punish or applaud you.

A Justice of the Supreme Court once explained it this way; “It is the duty of anyone in control of proceedings to allow both parties to be heard and should listen to the point of view of each. Even God saw Adam eat the forbidden fruit which he warned him never to eat but the Lord still gave Adam a fair hearing when the Lord asked “Did you eat the fruit I told you not to eat”? See Genesis 3:11. It was after Adam was unable to give a satisfactory answer that punishment followed. That was the beginning of fair hearing.”; JUDICIAL SERVICE COMMISSION OF CROSS RIVER STATE & ANOR. v. YOUNG (2013) LPELR-20592(SC)

Let us emphasize also here that as a part of the right to fair hearing, when anyone is accused of committing a crime and charged to court, by Section 36(5) of the 1999 Nigerian constitution that person is presumed to be innocent until his or her guilt is proven. This is why even persons accused of the most heinous crimes are allowed to defend themselves in court either by themselves or through a lawyer of their choice.

Got the picture right?

The second pillar of the right to fair hearing is “a person should not be a judge in his own cause”. There is a Latin phrase for this too – ‘Nemo Judex in causa sua’. This pillar really implies that no judge should preside over a matter in which he has a personal interest or involvement. Every judge is to be an independent umpire or referee called upon to settle the dispute without bias or even the likelihood of bias. Anyone can only imagine or expect that if the judge was even ‘remotely’ interested in the result of the dispute or case, he would not be fair in his judgment.

In summary, both pillars of the right to fair hearing are mainly to the effect that; no person shall be a judge in his own cause and that both sides to a dispute have an equal opportunity to present their case.

A Short Graphical Illustration of the Right to Fair Hearing

The graphical illustration in this article is meant strictly for explanation purposes. Kindly swipe to view them.

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How Does Your Right to Fair Hearing Play out in Court?

1. You must be informed of the case against you and given adequate opportunity to prepare for your defense;
2. All important materials of evidence, including documentary and ‘real’ evidence unfavorable to you (and which your accuser intends to use) are to be given to you to enable you to prepare your defense;
3. You’re to be present during the Proceedings and hear the evidence against you. There are actually instances where the proceedings may continue if you knowingly and persistently absent yourself from Court.
4. You are to be allowed to cross-examine all the witnesses that testify against you. Cross-examination simply means asking the witnesses some questions in other to challenge their evidence. Where you are represented by a lawyer, he or she would carry out the cross-examination;
5. You are allowed to give evidence for yourself, call witnesses, if you choose to, and make oral submissions, whether personally or through a lawyer of your choice.

If you do not have the necessary financial resources to get the services of a lawyer, there are organizations that offer free legal services. You could find out about them and get their contact details here.

So now you know about your right to fair hearing.

Aniekan Imeh LLB.

The information above is only provided for general information purposes and does not amount to legal advice or soliciting. Also, No Lawyer-client relationship has been created and neither can such a relationship be implied. This information is not intended to substitute the services of a lawyer, if you need legal advice, kindly consult a lawyer for your specific needs. For any further information, you could send us a mail via contact@ls-ng.com