EVERYDAY ASSAULT IN NIGERIAN UNIVERSITIES
Akpan a 19 year old Law Student in the University of Uyo just walked into the school environment. Not too far from his hostel, a group of boys surrounded him and told him that if ever they were reported to the hostel guard for their misconducts in the hostel, he will be dealt with. One of the boys brought out a gun and showed it to Akpan and asked if he understood. Akpan nodded his head in fear.
As he lay on his bed that night, he was in fear as he pondered on the threat he just received.
His mind went back to class and all his Lecturer taught on Assault as defined by Section 252 of the Criminal Code provides that a person who by any bodily act or gesture attempts or threatens to apply force of any kind to the other person without his consent, in such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person and the act is called an assault and this was exactly what he just experienced outside his hostel.
He went on remembering that it requires that where a person attempts or threatens to apply force on another person he shall have actually a present ability to effect his purpose. This therefore entails that once a person has the ability to act on his threat, it is regarded as an assault regardless of whether the person lacked such intention because a person cannot attempt or threaten to do something unintentionally. This also made him realize that the presence of the Gun going along with the threat helps to prove his point.
He also remembered when the Tutorial Lecturer also added in class that It is believed that Nigerian courts hold that there must be caused in the victim's mind some expectation of immediate force even though Section 252 does not expressly states this. However, it is not necessary that the victim's state of mind should be one of fear or alarm, it is enough if he merely expects the application of unlawful force. In Brady v. Schatzel, the court held that an assault was committed even when the prosecutor stated he was not a bit scared when a loaded gun was pointed at him.
Still on his bed he remembered what himself, Emeka and Bayo were discussing last night while reading together that for assault to constitute an offence it must be unlawful. If such conducts are authorized or justified by law (see Brett v. McLean), it is not considered an offence. Where an assault is committed in the course of executing sentence or warrant of a court authorized by law provided the act constituting the assault is duly authorized by the court expressly or impliedly, is not considered an offence. Iman a Senior Colleague reading close to them also added that where a conduct such an operation or correction is for the benefit of the other and the person understands this benefit or the reason for the correction, it is not regarded as an offence. “Those boys had no such authority and such threat is definitely not for my benefit” he said out loud.
Later that night, while Akpan was still pondering, his friend, Kunle, a fourth year law student came to his bedside and seeing Akpan's mood asked of his problem. He explained everything and when he was advised to call his dad, report the issue and his dad would help him file a petition another of his roommate said he should rather report to the school authorities and not take things that far. They argued for a while confusing Akpan himself.
As students, we might encounter various forms of assault and it is expedient that we have at least a little knowledge of what assault entails.
Please advise Akpan on what to do and if you were in his shoes, what will you do? COMMENT BELOW! SAVE A LIFE!!
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