Criminal Justice Monday

#CriminalJusticeMonday

*RAPE CANNOT BE SETTLED OUT OF COURT (NO ROOM FOR PAY-OFF/FORGIVENESS/WITHDRAWAL OF COMPLAINTS).* Daily Law Tips (Tip 596) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

There is a great difference between civil cases and criminal cases. Civil cases are matters of dispute among private persons, corporate persons and or government. Criminal cases are matters where the society (through government and its agencies) charges and seeks to punish offenders for violating written laws. Generally, civil cases and disputes can be settled …

*RAPE CANNOT BE SETTLED OUT OF COURT (NO ROOM FOR PAY-OFF/FORGIVENESS/WITHDRAWAL OF COMPLAINTS).* Daily Law Tips (Tip 596) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

*CAN A WOMAN BE CHARGED WITH RAPE ?* Daily Law Tips (Tip 595) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Since rape is about penetration without consent, can a woman be charged with rape? Does a woman have anatomical (physical body structures) abilities to sexually penetrate a person? Does any law in Nigeria provide that a woman can be charged with rape? If there is any such law, does it operate across all states in …

*CAN A WOMAN BE CHARGED WITH RAPE ?* Daily Law Tips (Tip 595) by Onyekachi Umah, Esq., LL.M, ACIArb(UK) Read More »

*NEW PUNISHMENT FOR RAPE IN NIGERIA?* Daily Law Tips (Tip 594) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Change is constant and law must grow with society. Definition of rape as well as punishment for rape has changed since 2015. Prior to 2015, rape was exclusively defined and punished under the Criminal Code (for states in southern part of Nigeria), Penal Code (for states in northern part of Nigeria) and the Child’s Right …

*NEW PUNISHMENT FOR RAPE IN NIGERIA?* Daily Law Tips (Tip 594) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

CHILD MARRIAGE/ABUSE IS A CRIME (RAPE): AN EXPOSÉ ON LAWS PROHIBITING CHILD MARRIAGE. Daily Law Tips (Tip 593) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

INTRODUCTION: There seem to be a misconception that Nigeria has gaps in her laws that allow pedophiles (persons that are sexually attracted to children) to get away with rape in the name of customary or Islamic marriage. In the contrary, there are adequate laws to fight child marriage and all forms of sexual abuse. Although, …

CHILD MARRIAGE/ABUSE IS A CRIME (RAPE): AN EXPOSÉ ON LAWS PROHIBITING CHILD MARRIAGE. Daily Law Tips (Tip 593) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

*CAN A HUSBAND RAPE HIS WIFE ?* Daily Law Tips (Tip 592) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

It is common to find people argue that a man cannot rape his wife or cannot be punished for raping his wife. They also argue that a wife must always grant sex to her husband and that where a husband forces, drugs or deceives his wife to have sex, it is not rape. Many husbands …

*CAN A HUSBAND RAPE HIS WIFE ?* Daily Law Tips (Tip 592) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

*WHEN IS SEDUCTION OR INDECENT DRESSING A JUSTIFICATION FOR RAPE IN NIGERIA?* Daily Law Tips (Tip 591) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

RAPE is an act of sexual intercourse, wherein a male knowingly penetrates a female’s vagina that is not his wife’s with his penis, without the consent of the penetrated female or with her consent that was obtained by fraud, force, threat, intimidation, deceit or impersonation. In proving rape, there is need to establish slightest penetration …

*WHEN IS SEDUCTION OR INDECENT DRESSING A JUSTIFICATION FOR RAPE IN NIGERIA?* Daily Law Tips (Tip 591) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

*PUNISHMENT FOR ASSAULTING AN OFFICER OF THE FRSC.* Daily Law Tips (Tip 587) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

It is not strange to find road users assaulting, attempting to assault or threatening to assault officers/members of the Federal Road Service Corps (FRSC) or other law enforcement agents. This is part of the high risk faced by FRSC, that prompted federal law makers to authorize members of the FRSC to bear arms like members …

*PUNISHMENT FOR ASSAULTING AN OFFICER OF THE FRSC.* Daily Law Tips (Tip 587) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

*IS THERE A FIXED ORDER FOR CRIMINAL INVESTIGATIONS IN NIGERIA?* Daily Law Tips (Tip 584) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Who must be interviewed first in criminal investigation? Is there a person that must be investigated first before others? Is there an approved order or sequence for investigations in Nigeria? Below are the words of the Supreme Court on this issue: “Apart from the power vested in the Police for the prevention and detection of …

*IS THERE A FIXED ORDER FOR CRIMINAL INVESTIGATIONS IN NIGERIA?* Daily Law Tips (Tip 584) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

*WHAT IS THE FATE OF THE FIRST PERSON TO REPORT A CASE TO POLICE?* Daily Law Tips (Tip 580) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Is the first person to report a case to the Police always right? Is the police bound to take, accept and believe the testimony of the first person to report a case? Is it possible that the first person to report a case is the guilty person? Below are the words of the Supreme Court …

*WHAT IS THE FATE OF THE FIRST PERSON TO REPORT A CASE TO POLICE?* Daily Law Tips (Tip 580) by Onyekachi Umah, Esq., LLM. ACIArb(UK) Read More »

*IS CBD OIL (CANNABIDIOL) LEGAL IN NIGERIA?* Daily Law Tips (Tip 569) by Onyekachi Umah, Esq., LLM. ACIArb(UK).

According to Harvard University’s publication, “‘CBD’ stands for cannabidiol. It is the second most prevalent of the active ingredients of cannabis (marijuana). While CBD is an essential component of medical marijuana, it is derived directly from the hemp plant, which is a cousin of the marijuana plant. While CBD is a component of marijuana (one …

*IS CBD OIL (CANNABIDIOL) LEGAL IN NIGERIA?* Daily Law Tips (Tip 569) by Onyekachi Umah, Esq., LLM. ACIArb(UK). Read More »