IVY LEAGUE LAW FIRM IS BACK AT IT AGAIN!!!

LAWSANITES are sharing their views on the DSS Raid on Judges and The Ivy Legaue Team went around to gather the views and comments of well-meaning LAWSANITES on the Issue:

Essang, EdemUmoh Asuquo, LL.B 3, Male, said “The due process was not duly followed, they were appointed according to certain laid down procedures established by the NJC. If they have been found wanting, the same procedure should have been adopted for their removal. The arrest of the Judges was unlawful.”

Victor Attang, LL.B 2, Male, said, “The due process and the constitutional process was not followed. The NJC should have been allowed to do their job rather than unleashing the DSS in a “commando” style to raid the homes of the learned Judges.

Uduakobong Uko, LL.B 4, Male, said “It is one of the best thing that has happened in the Nigerian Legal system and the Nigerian political arena at large in recent times. Without speaking much, I would like to say that it is the truest test of the justice. The president’s action deserves more than an applaud. It is my desire that this should be a continuum since no one is above the law. It is a high watermark of the fearlessness of the law.

Precious Ijere, LL.B 4, Female, said “The action does not promote the constitutional provisions of the separation of power. They should have been given the benefit of the doubt, even or assuming they were really corrupt. The court should have been allowed to decide that and not the presidency through the DSS. How can the Judges whose duty is to protect the rights of others have theirs publicly abused and ridiculed by the DSS.”

Aniekeme Okposon, LL.B 2, Female, said “I don’t see anything wrong with the arrest. If the Judges actually committed the crime levelled against them and the evidence presented, I don’t see why they should not have been arrested since no one is above the law. The action of the presidency was justified”

Bassey Bassey, AKA Sunshine, LL.B 2, female, said “I don’t think it was necessary. It is not in the jurisdiction of the presidency, all together I think it was uncalled for.” 

Uwemedimo Dominic LL.B 4, Male, said “The arrest of the Judges by the DSS operatives is not outside the boundary of the law, because they have given a press statement that it was a” sting operation”. A sting operation is allowed by law when there is every likelihood that the evidence would or may be concealed by the suspects, so the law gave them the power to strike in order to uncover the evidence in order to show it to the whole and justify their action. To me this is an exception to the known due process of the of law and it was within the ambit of Section 35(c) CFRN, 1999’’.

David Ekanem, LL.B 3, Male, said “The arrest of the judges was not bad because they do not have immunity. As justices of the apex court, they are persons with special authority, invading their homes in the dead of the night is undemocratic as gentlemen and justices of the supreme court, they should have been given a notice before the arrest. I believe that as justices they would not escape because they are the custodians of justice. The acts by the DSS was not proper. The presumed warrant for search was not a warrant for arrest.”

Abasifreke Umohinyang, LL.B 5, male, said” First I don’t support corruption in the judiciary, because when the judiciary is corrupt, justice will be perverted. The common man will not be able to get access to justice, because it will now be at a price. The NJC is vested with the power to de robe and suspend any judge found wanting in the conduct of his duties, the arrest of the judges was the right thing to do but with the wrong approach. Whenever a judge no matter how highly place is accused of being corrupt the law stipulates that a petition be sent to the NJC stating the fact and presenting evidence there in. The NJC as at the time of the arrest of the justices did not receive any petition by any party alleging the commission of the said crime. Due process was not followed by the DSS and as such though the intention was to clamp down on corruption in the judiciary under a democratic dispensation, due process ought to have been followed.

THE IVY LEAGUE LAW FIRM ALSO PRESENTS:

TAKING THE FRESHERS ON A LEGAL EXCURSION TO THE DISCOVERY OF SELF

Hurray! Your dream of becoming a lawyer is fast approaching, Congratulations!

 It is not fiction that you have all heard of studying law at the University, whether through family, friends or films. It is difficult to know what it really does involve and there is no shortage of stories out there, from the most accurate to the utterly fantastical. This article should debunk a few myths, confirm a few and make sure you know what you are figuring up for when you fill in that application form. It includes a little advice to help you settle into law student life that bit quicker. Law is a great subject to study at University but it does have its challenges:

Here are what you can expect.

(1)   There is a lot of reading

Just to get the scary ones put off the way first

Do not under estimate how much reading a law student have to do. It is difficult to explain how much reading a law degree involves other than to say there are a lot of law books. Law students get a reputation for clocking up the library for hours because each week you need to learn what law actually is. There is actually an art in reading and you will get all the advice you need from older students when you first arrive, but it does take a while to get used to the Faculty of Law and LAWSAN as a whole. That said, by the end of the first term, and after a brawl with legal methods, you will not believe how quickly you can pick up and find the important passages from a case. Just be ready for the inevitable long nights when you need to stay up getting through an endless reading list. If you manage your time well, self-imposing a schedule for getting reading done, you will surmount.

(2)   There is a rat race, but you do not need to join it

Do not let competitive classmates scare you. Being a law student is what you want it to be. The flexible hours of a law student give you opportunity to get involved in student activities in LAWSAN and beyond. Perhaps I am giving the impression that law students spend their whole lives in the library learning statues back to front, this just isn’t true. University is exactly what you make of it and that will eventually and should involve meeting some of your best friends and many of your future colleagues.

(3)   Get involve in students activities

Getting involved in as many student activities as you can make time for and at the same time, having the odd quiet night of reading, make you a balanced student. Make the most of it. The extra-curricular activities can be really rewarding for yourself and others. Some mooting, even though it is quite scary, it does wonders for your public speaking. There is no “single law degree experience”, much as there is no single ‘University experience’ choose what you want to make your priorities over the five-year period, as long as you always make time for your work.

(4)   Everyone is going to ask you legal advice

Somewhat ironically, the more law you know, the less confident you become, and so, be ready for legal consultations from everybody who is not lawyer or law student. There comes a time where you learn about liability for giving advice and accepting responsibility. This is even more so that you as a Part I law student. No one cares, everyone out there expect you to know the law. I remember I gave a legal advice to a medical student on matters arising from negligence while I was still in my first year in law, two years after I started the Law of Tort, I realized how hilarious it could be, but the fun of it was that the other guy did not notice the defect in the advice. For some reason, everyone assumes that the law students are over flowing fountains of legal knowledge to be tested at will. So if your give advice, be sure to add disclaimers

(5)   Pay attention to Tutorials

The workload becomes easier if you are well organized and focused on working efficiently. The planning ahead early and prioritizing work over play will guarantee a sure future in the Faculty. You will have lectures, then you will be assigned reading to do, and answers to prepare for your tutorials and presentations I was unlucky enough to have tutors who would use tutorial as interrogation sessions to highlight your deficiencies in knowledge of the law. In hindsight, these methods of teaching clearly work. Keep up with the tutorials, attendance is crucial to your success in any exams. You must be in class to learn and you must be on time and avoiding the disturbance of a late entrance. Ask questions and pay attention to other questions asked by others. Volunteer an answer or response when a question is put to the entire class. Give your lecturers and classmates the respect and courtesy they deserve, do not appear too important to mingle, do not judge other of your classmates, be polite and be friendly, you must be found worthy in learning and in character.

(6)      Social Stereotypes of Law Student

Finally, a series of phrases you will have to get used to hearing. Get thinking of good responses. “Oh, you are studying law? May be you can help me some day if I get into trouble”

 “Oh! These law students sef”

 “Is he/she a student? No wonder”.

 “They say law students belong to secret societies, is it true? I can see you have sold your soul to the devil for riches”

“How can you defend someone you know to be guilty? You lawyers are heartless and cold-blooded” etc.

 When you start learning the law, you will laugh over these stereotypes.

Master the law questions

There will be a lot of reading to do and you will require close attention to detail. The “sharp mind” you need for studying law comes in different varieties, and each demands a particular mix of certain skills. Law requires both absolute command of the details of legislation and cases and a wider view of how different areas interlock and what they aim to achieve. This is shown most clearly in the two main types of examination question.

(1)               Problem question require you to apply the law to very specific (and sometimes outright preposterous) factual patterns and explain why in this specific set of circumstances a piece of legislation or principle of law would/could apply in a certain way. Your need to known the legislation and the case law, by heart. If you do not know part of the case law or the required legislation it is an area that can lose you marks or narrow down the number of points.

(2)               Essay question: Requires you to make a broad point using specific examples, so you need to have a whole arsenal of example at hand. Basically, you need to remember a lot of things, and you need to be prepared to sit down and learn cases and cram them, for exams.

In conclusion, be resilient, stand your grounds on issues, study and stand out of the crowd.

CONGRATULATIONS!

UWEMEDIMO DOMINIC

LLB IV

IVY LEAGUE LAW FIRM AKA UDO UDOMA CHAMBERS

N/B: FOR RESOURCES ON HOW TO ANSWER LAW QUESTIONS AND SOME ACADEMIC ASSISTANCE, CALL 08100880230.

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!!