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!!
Sunday, 25 September 2016
Friday, 16 September 2016
FIVE ROADBLOCKS YOU'D MOST LIKELY HIT FIRST YEAR AFTER LAW SCHOOL
So the easier days have come and gone by now. NYSC year (not counted this year when talking about the first year after Law school) arrives and it's done and over with. And then it's time to face the real world; of Court Cases and Clients and hopefully, favorable Jurys and Upright Judges. Well, I'd tell you this. Your first year? Yeah, you'd definitely have some flops. It's normal. Sorta. Others have and have survived. Doesn't mean you have to carry out these same errors too, especially when it's listed out here for you to avoid as often as you can. Let's get on with it, shall we?
1. Sitting At The Wrong Side At The Bar Table:
The commonly held perception of this is: The Police on the left and the Lawyer gets the right. However, simply because each court and each magistrate has it's own peculiar rules, jumping into assumptions might turn out to be an action that could be rather embarrassing at the end of the day (and as a fresh-out-of-the-oven Lawyer, nothing is more unappealing.) Whether you're expected to stand, and the spot at which to or to be seated depends on the proceedings. In Pretrial cases, a Lawyer is often expected to stand by the Counsel, in front of the Judge or seated. At trial, Lawyers mostly sit at the counsel table and are expected to be upstanding when addressing the Judge or questioning as a Prosecutor, while Prosecuted persons/witnesses are expected to be seated closest to the Jury Box. Do your homework. All the time.
2. Mediocre Legal Writing And Proof-Reading Skills:
Typographical errors, Grammatical mistakes, and misspelt words can be a glaring sign of a lackadaisical attitude towards your responsibilities in the long run. This is why it is important to strive to put together your documented drafts, statements and notes with utmost care and attention. Go over affidavits and figures and citations properly. All citations mentioned should be as specific, concise, convincible and consistent as possible. The commonly exhibited errors; wrong use of punctuation marks and abbreviations must be avoided. "It's" differs from Its. "Am" is distinct from "I'm." Dates should be properly affixed, monetary amounts in numerical and written forms. Statements going to the court must be penned with utmost formality and deep regard. Put your words and sentences together in a proper manner because one word could make plenty difference (which could be a good and a bad thing. Proceed with caution.) All of these at the end of the day add up to just how respected and regarded you'd be perceived by peers, clients and seniors and all others.
3. Lack Of Respect For Deadline:
All legal projects naturally come with extremely tight schedules. Religiously sticking to deadlines, due dates, multi-tasking and prioritizing obligations is essential. At the beginning stage, it's easy to succumb to the belief that you have your senior members, administrative team and other staffs to keep track of these things and monitor you overtime, to ensure due dates are duely met. And you do! (As a beginner. They sure as hell won't let you mess it all up. Lucky you, eh?) However, this can eventually lead to over-reliance and would eventually be perceived as lack of seriousness. Endeavor to inquire of deadline, important calendar dates, and carry out follow-ups when need be. It's rather dangerous to always assume that senior attorneys that you're working on a case with have all these important data in mind unfailingly. What we don't recognize is that Senior Attorneys regard the Junior staffs underneath them as a means of lightening their burdens while they simply carry out minuscule reviews and give much-needed answers to whatsoever questions you may have, and they would naturally expect you to live up to the task. They would expect that you take charge of assigned cases with dexterity, passion and the right attitude. All these safeguard ethical standards, your accountability and the good-standing reputation of all of whom and what you're representing.
4. Client-to-Lawyer Relationship:
Formation of a tight-fitted and cordial (to an extent) relationship with a client assigned to is equivalent to overall success. It would most likely strike you as somewhat stressful and burdensome as a result of all the procedures involved, but to be able to carry out your duties properly, get adequate information, and even have a couple of ideas how the case would most likely go down, it is your duty to ensure there are no secrets or loopholes with probabilities of springing up in the nearest future and diming the chances of a successful case. Put it the effort to get along with your client as naturally as possible. Take notes frequently, take notes in your head. Exhibit unity, even in court. It helps so as to be prepared for anything. Many Lawyers who have been in this Profession for a good number of years usually tell of how startled they are when advocates for clients don't follow the correct appeal procedures, when judgments are passed on a client they're apparently defending. What is expected that the Client and Advocate exit the court to confer and agree and then the advocate seeks appeal at the registry and if possible, bail. All as orderly and calm as possible.
5. Inability To See The Tactfulness Of The Profession:
Not every Profession operates strictly under the 9-5 work hours of the average job. Just like Doctors, not every obligation would be convenient. Client's needs could spring up at odd hours, weekends or off days. Notwithstanding, as a Lawyer, it is your obligation to respond to such needs when critical, and with great tactfulness. It won't be your most favorite time at the job, no doubt about that, but it shouldn't be regarded as optional either, and don't start making the mistake of expecting others to clean up after you and cover up during those inconvenience hours, if it can be avoided. The Quintessential Lawyer is one who should be grounded and prepared to give it all to keep the client happy. Ask questions, read advance sheets, consistently learn, and keep in mind always that your reputation and perceived Integrity is the biggest thing you have right now. All of these immensely contribute to advancement and promotion up that ladder.
So there you go. Run from these ones. Go ye forth, and rule your world - Glo (Oh yeah, and love what you do too! It's important.)
Written by: Imaobong Asuquo (Student, Freelance Writer, Personal Development Blogger at LemonsLemonade.com)
Brought to you by Ivy League Law Firm
So the easier days have come and gone by now. NYSC year (not counted this year when talking about the first year after Law school) arrives and it's done and over with. And then it's time to face the real world; of Court Cases and Clients and hopefully, favorable Jurys and Upright Judges. Well, I'd tell you this. Your first year? Yeah, you'd definitely have some flops. It's normal. Sorta. Others have and have survived. Doesn't mean you have to carry out these same errors too, especially when it's listed out here for you to avoid as often as you can. Let's get on with it, shall we?
1. Sitting At The Wrong Side At The Bar Table:
The commonly held perception of this is: The Police on the left and the Lawyer gets the right. However, simply because each court and each magistrate has it's own peculiar rules, jumping into assumptions might turn out to be an action that could be rather embarrassing at the end of the day (and as a fresh-out-of-the-oven Lawyer, nothing is more unappealing.) Whether you're expected to stand, and the spot at which to or to be seated depends on the proceedings. In Pretrial cases, a Lawyer is often expected to stand by the Counsel, in front of the Judge or seated. At trial, Lawyers mostly sit at the counsel table and are expected to be upstanding when addressing the Judge or questioning as a Prosecutor, while Prosecuted persons/witnesses are expected to be seated closest to the Jury Box. Do your homework. All the time.
2. Mediocre Legal Writing And Proof-Reading Skills:
Typographical errors, Grammatical mistakes, and misspelt words can be a glaring sign of a lackadaisical attitude towards your responsibilities in the long run. This is why it is important to strive to put together your documented drafts, statements and notes with utmost care and attention. Go over affidavits and figures and citations properly. All citations mentioned should be as specific, concise, convincible and consistent as possible. The commonly exhibited errors; wrong use of punctuation marks and abbreviations must be avoided. "It's" differs from Its. "Am" is distinct from "I'm." Dates should be properly affixed, monetary amounts in numerical and written forms. Statements going to the court must be penned with utmost formality and deep regard. Put your words and sentences together in a proper manner because one word could make plenty difference (which could be a good and a bad thing. Proceed with caution.) All of these at the end of the day add up to just how respected and regarded you'd be perceived by peers, clients and seniors and all others.
3. Lack Of Respect For Deadline:
All legal projects naturally come with extremely tight schedules. Religiously sticking to deadlines, due dates, multi-tasking and prioritizing obligations is essential. At the beginning stage, it's easy to succumb to the belief that you have your senior members, administrative team and other staffs to keep track of these things and monitor you overtime, to ensure due dates are duely met. And you do! (As a beginner. They sure as hell won't let you mess it all up. Lucky you, eh?) However, this can eventually lead to over-reliance and would eventually be perceived as lack of seriousness. Endeavor to inquire of deadline, important calendar dates, and carry out follow-ups when need be. It's rather dangerous to always assume that senior attorneys that you're working on a case with have all these important data in mind unfailingly. What we don't recognize is that Senior Attorneys regard the Junior staffs underneath them as a means of lightening their burdens while they simply carry out minuscule reviews and give much-needed answers to whatsoever questions you may have, and they would naturally expect you to live up to the task. They would expect that you take charge of assigned cases with dexterity, passion and the right attitude. All these safeguard ethical standards, your accountability and the good-standing reputation of all of whom and what you're representing.
4. Client-to-Lawyer Relationship:
Formation of a tight-fitted and cordial (to an extent) relationship with a client assigned to is equivalent to overall success. It would most likely strike you as somewhat stressful and burdensome as a result of all the procedures involved, but to be able to carry out your duties properly, get adequate information, and even have a couple of ideas how the case would most likely go down, it is your duty to ensure there are no secrets or loopholes with probabilities of springing up in the nearest future and diming the chances of a successful case. Put it the effort to get along with your client as naturally as possible. Take notes frequently, take notes in your head. Exhibit unity, even in court. It helps so as to be prepared for anything. Many Lawyers who have been in this Profession for a good number of years usually tell of how startled they are when advocates for clients don't follow the correct appeal procedures, when judgments are passed on a client they're apparently defending. What is expected that the Client and Advocate exit the court to confer and agree and then the advocate seeks appeal at the registry and if possible, bail. All as orderly and calm as possible.
5. Inability To See The Tactfulness Of The Profession:
Not every Profession operates strictly under the 9-5 work hours of the average job. Just like Doctors, not every obligation would be convenient. Client's needs could spring up at odd hours, weekends or off days. Notwithstanding, as a Lawyer, it is your obligation to respond to such needs when critical, and with great tactfulness. It won't be your most favorite time at the job, no doubt about that, but it shouldn't be regarded as optional either, and don't start making the mistake of expecting others to clean up after you and cover up during those inconvenience hours, if it can be avoided. The Quintessential Lawyer is one who should be grounded and prepared to give it all to keep the client happy. Ask questions, read advance sheets, consistently learn, and keep in mind always that your reputation and perceived Integrity is the biggest thing you have right now. All of these immensely contribute to advancement and promotion up that ladder.
So there you go. Run from these ones. Go ye forth, and rule your world - Glo (Oh yeah, and love what you do too! It's important.)
Written by: Imaobong Asuquo (Student, Freelance Writer, Personal Development Blogger at LemonsLemonade.com)
Brought to you by Ivy League Law Firm
Monday, 5 September 2016
Chancellor of the University Of Uyo.
Alhaji Adamu Abubakar Maje
Born in 1960 and married with seven children, Alhaji Adamu Maje was a student of the Federal Government College, Ikot Ekpene, from 1973 to 1976, and Government Secondary School, Danbatta from 1978 to 1979 for his secondary educator, after his primary education at the Abdukadir Primary School, Hadejia, Jigawa State.
For his higher education, the Emir of Hadejia enrolled at the School of Rural and Social Studies, Kano, between 1981 to 1982, and 1983 to 1985, and also attended Ahmadu Bello University, Zaria, Kaduna from 1995 to 1996; as well as Bayero University, Kano in 1998.
H.R.H., Alhaji Maje had his Primary School Certificate in 1973; West African School Certificate in 1979; and Certificate in Rural and Social Studies in 1982. He also holds a Diploma in Rural and Social Studies obtained in 1985; Advanced Diploma in Public Administration in 1996, crowning it all with a Post-Graduate Diploma in Public Administration in 1998.
After his schooling, and armed with academic credentials, the Emir of Hadejia first worked as a Social Welfare Officer between 1982 to 1985; Social Welfare Officer in charge of Hadejia from 1985 to 1988; and was a member of the Pilgrims Welfare Board, Kano, from 1988 to 1991.
Alhaji Adamu Maje also worked in the Pilgrims Welfare Board, Jigawa, from 1991 to 1998.
He was the Community Development Officer in his Local Government Area, Executive Secretary, Pilgrims Welfare Board from 2000 to 2002, and had served in the Hadejia Emirate Council (Iyan Hadejia) from 1999 to 2000.
The fifth Chancellor of the University of Uyo is the sixteenth Emir of Hadejia, and Chairman, Jigawa State Council of Chiefs.
His hobbies include reading, horse-riding, basketball and travelling.
Courtesy:
Ekemini Wholesome
The Director of Information,
University of Uyo.
Brought to you by:
Ivy League Law Firm(Udo Udoma Chambers)
Faculty of Law, University of Uyo
Alhaji Adamu Abubakar Maje
Born in 1960 and married with seven children, Alhaji Adamu Maje was a student of the Federal Government College, Ikot Ekpene, from 1973 to 1976, and Government Secondary School, Danbatta from 1978 to 1979 for his secondary educator, after his primary education at the Abdukadir Primary School, Hadejia, Jigawa State.
For his higher education, the Emir of Hadejia enrolled at the School of Rural and Social Studies, Kano, between 1981 to 1982, and 1983 to 1985, and also attended Ahmadu Bello University, Zaria, Kaduna from 1995 to 1996; as well as Bayero University, Kano in 1998.
H.R.H., Alhaji Maje had his Primary School Certificate in 1973; West African School Certificate in 1979; and Certificate in Rural and Social Studies in 1982. He also holds a Diploma in Rural and Social Studies obtained in 1985; Advanced Diploma in Public Administration in 1996, crowning it all with a Post-Graduate Diploma in Public Administration in 1998.
After his schooling, and armed with academic credentials, the Emir of Hadejia first worked as a Social Welfare Officer between 1982 to 1985; Social Welfare Officer in charge of Hadejia from 1985 to 1988; and was a member of the Pilgrims Welfare Board, Kano, from 1988 to 1991.
Alhaji Adamu Maje also worked in the Pilgrims Welfare Board, Jigawa, from 1991 to 1998.
He was the Community Development Officer in his Local Government Area, Executive Secretary, Pilgrims Welfare Board from 2000 to 2002, and had served in the Hadejia Emirate Council (Iyan Hadejia) from 1999 to 2000.
The fifth Chancellor of the University of Uyo is the sixteenth Emir of Hadejia, and Chairman, Jigawa State Council of Chiefs.
His hobbies include reading, horse-riding, basketball and travelling.
Courtesy:
Ekemini Wholesome
The Director of Information,
University of Uyo.
Brought to you by:
Ivy League Law Firm(Udo Udoma Chambers)
Faculty of Law, University of Uyo
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