THE NATIONAL CONFERENCE: PROGRESSION, WASTE OR WHAT?

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‘The gods had condemned Sisyphus to ceaselessly rolling a rock to the top of a mountain, whence the stone would fall back of its own weight. They had thought with some reason that there is no more dreadful punishment than futile and hopeless labour’.

These words of the French philosopher, Albert Camus, featuring the absurdist tale of poor Sisyphus inevitably bring to mind the pitiable story and futile circumstance of some 496 individuals, most of them advanced in years, who, on the 17th day of March, were ‘conscripted’ to partake in the on-going national conference.

President Goodluck Jonathan has said the conference is a medium where high-standing national stakeholders will ‘engage in intense introspection about the political and socio-economic challenges confronting our nation and chart the best and most acceptable way for the resolution of such challenges in the collective interest of all’. The question that crosses ones thoughts then is; what comes next after the resolutions have been charted?

It is visible to the blind and audible to the deaf that the conference is an utter waste. Reasons being: one, despite the fact that the whole venture is meant to be a service to the nation; and many of the delegates are pensioners with enough wealth to suffice their whole village and numerous progenies, the government still finds it appropriate to fund the conference with ridiculous generosity. At a time when various abandoned projects daily cry for attention, we find the government bold enough to spend as much as about 7 billion naira on a ‘talk-shop’.

If it were to end there, the situation may still be manageable as the funding, though unnecessary anyway, can be deemed a sacrifice for a worthy cause. But then, the whole process is just ‘vanity upon vanity’, waste upon waste, because the conference, from all indications, lacks any iota of efficacy. This is because the conference is not sovereign and fully autonomous. It is, at the end of the day, answerable to the President. In essence, whatever the resolutions reached, no matter how laudable, they are still subject to the whims and caprices of the government of the day which is the quintessential exemplar, if not origin, of the decay in the nation. This is a pointer to the sad fact that the national conference is nothing but a façade of seriousness and an incapacitated gathering of honest patriots. As Tony Blair aptly puts it; ‘power without principle is barren, but principle without power is futile’.

The national conference is not the panacea we seek. It was set up to find solutions in issues such as fiscal federalism, resource control, regional autonomy and security of lives and property. And even if it actualises this, it definitely cannot serve as a means of tackling political corruption, abject poverty, miscarriage of justice etc., as these are problems only sincerity on the part of the supreme authority in a country can solve. It cannot be, as the President has said, ‘a means of resolving differences and tensions that may exist in the country’, because the delegates were not popularly chosen. When it ends, it does not mean the average Ibo man will cease to hate the average Hausa man, or that the Yoruba Ijaw man will be comfortable handing his daughter in marriage to the typical Yoruba man.

Fred Allen once said that ‘a conference is a group of people who singly can do nothing, but together can decide that nothing can be done.’ How true this is. The reports of past conferences and committees, a good instance of which is the National Political Reforms Conference constituted by Former President Obasanjo in 2005, are still gathering dusts wherever it is they were dumped.

To conclude, I would say the national conference can definitely not be regarded as a form of progression. In fact, it is a means for retardation. It is not a step in the right direction; instead, it is many steps on a vain path. It is not a thing of value; rather it is a big joke, a diversionary and pointless activity; a waste, of time, money and, most saddening of all, lives. To suggest otherwise is to live in fanatical denial.

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INSECURITY AND AMNESTY: A JOLLY RIDE TO LAWLESSNESS

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ABDUL FATTAH ADEBAJO ADEKUNLE, LAW, 100 LEVEL

Winner of the 1434AH superior pen writing competition

[Published on pages 38 and 39 of Adh-Dhikr Magazine, February, 2014]

Written: several months back…

At times, I wonder how it is that we find ourselves in the current predicament. What have we done or failed to do as a nation that causes us to deserve this ‘punishment’? Are Nigerians that distinct from those in other lands, that we are bedevilled with insecurity?

It is quite demoralising that, today, the word ‘Nigeria’ is coterminous and equated with fear, insecurity and loss of lives. Nigeria is, today, a no man’s land. No tourist wishes to see our mouth-watering cultural artefacts. No company holder dares attempt to extend his investment to Nigeria. In fact, the ones already here are, so to say, running for their dear lives. That is not all; presidents and government officials now publicly announce their apprehension in paying Nigeria a visit. A quintessential instance is the recent case whereby President Obama of the United States visited African nations such as Ghana, Senegal, South Africa and deliberately put Nigeria aside.

The pivotal genesis of their lugubrious status-quo is not far-fetched. It all started with militant activities in the Niger-Delta region, which perhaps was made possible during the civil war of 1967-1970 that left myriad arms in the hands of individuals. As an offshoot, we also have innumerable cases of high-profile kidnappings; those being most rampant in the South East and South West on the other hand are infamous for harbouring petty thieves and notorious armed robbers. With the intervention of late President Umar Musa Yar’Adua’s regime, the militants in the Niger-Delta, and activities of MEND were considerably checked. This was mainly due to the introduction of amnesty, which is a process in which violent individuals are disarmed in exchange for education, employment or wealth. This recession brought untold joy unto the hearts of Nigerians, but little did we know that we are yet to get to the end of the beginnings of the burdensome quest.

In 2009, a group popularly referred to as Boko-Haram came into the limelight. Jama’atul Ahlis-Sunna lidda’awati wal-jihad (Boko-Haram) is believed to have originated from the activities of Maitatsine in the 1970s and 80s. its fame also rose when Mallam Alli was heading it around 1995. Thereafter, he passed the leadership to Muhammad Yusuf, a radical whose extra-judicial death in 2009 gave rise to the blood thirsty side of Boko-Haram and the death of more than 10,000 Nigerians – most of the innocent.

The federal government has for too long a time turned a blind eye to the activities of the sect, allegedly because some of the members have rich backgrounds with links to top government officials. However when the situation appears to be getting out control, albeit it never was in control; the government deemed it fit to offer a friendly arm to the sect; taking as precedent the Niger-Delta militants saga. This offer was, sadly and unexpectedly, harshly turned down, with the remarks that it is the government that actually needs amnesty.

Relentless, President Goodluck Jonathan shows that he is still ‘on top of the situation’ by putting to use another trick up his sleeve, a declaration of the state of emergency. This he did on May 14, 2013 in four states of the federation including Adamawa, Bornu and Yobe states. He imposed a 24-hour curfew in these states and sent thousands of military personnel, with the aim of fishing out and crushing the sect members. In addition, telecommunication and GSM were disabled to disorganise the sect. despite the strict measures, we still hear incidents of bombing (of religious institutions and market places); a very fresh case is the killing of juveniles in Yobe by setting a school ablaze. Up to 20 people were reportedly killed. Those who fled from the inferno were shotdown in cold blood. This is to point out that, truly, no real progress have been made.

All said and done, what can we say is the panacea to this precarious situation? The answer to this is very simple, but the implementation, not quite so. Indubitably, the root cause of Boko-Haram and other shapes insecurity is taking in Nigeria is simple and straightforward: poverty, unemployment and illiteracy. In the case of Nigeria, these are most obtainable in the North.

At this juncture, it would be apt to cite one of the remarks of a famous Greek philosopher, Aristotle – he said: ‘poverty is the parent of revolution and violence’. A hungry man does not think of anything but his hunger; and an idle hand, they say, is the devil’s workshop. The only rational explanation for a case in which a teenager in Lagos killed another individual with a knife for 10,000 naira is poverty.

I hereby submit that no level of military expedition or amnesty can salvage us from our predicament; Muhammad Yusuf was able to gain supporters and disciples because people were ignorant and because he strongly preached against corruption and police brutality. Thus, if we must restore sanity, safety and self-dignity in this nation we must set out to tackle corruption, fight illiteracy, and combat poverty with all available means, lest the aftermath becomes ineluctable: a jolly ride to lawlessness.

ON ‘MAMA PEACE’ AND HER ‘PEACEFUL’ BLUNDERS

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I must confess, many times in the past, I have thought them exaggerations, all the viral posts on social media that supposedly point out the shameful grammatical blunders or hilarious outbursts of Mrs Patience Dame Jonathan, alias Mama Peace, the first lady and wife of President Goodluck Ebele Jonathan of Nigeria.

However, after seeing for myself a recent video in which she literally humiliated herself on national TV, I might just believe any remark credited to her henceforth. It may not even be out of place to suggest that a separate set elections be conducted  for the office of the First Lady in subsequent elections; or that there be a constitutional provision for both a ‘first lady; kitchen’, and ‘first lady; publicity’. 🙂

Here is a transcript of her most recent outburst [or ’emotional display’ as put by Channels TV].The words in bold are her words, while others aren’t.


Do you come with two teachers?

No [comes the reply].

You were not informed too? Ehn?

Continue. No problem. God will see us. There is God. [With a raised voice], there is God in everything we are doing. Those bloods, that are sharing in Bornu, will answer … What of two teachers, WAEC, two teacher, two, ehn what of two teachers that can tell us that they conducted that exam? Do you come with any? ‘Prispal’?

Ma [says Principal].

No too?

Yes [replies Principal].

Na only you waka come, okay …[Again, raising her voice], now the first lady is calling you, come, I want to help you. Come to find your pa…, your child, your missing child. Will you keep quiet?

Nooo [All murmur in unison].

Chai! Chai! There is God o! Theeere is Good ooo! The bloods we are sharing, there is God o. [Crying now], there is God o, there is God o, there is God. Theeere is Good o, eeeee [crying loudly, clearing tears with handkerchief].

Please can you change your camera [says a male voice from the back].

 


THESE ARE SOME OF HER PAST UTTERANCES ACCORDING TO NEWSINNIGERIA.ORG

Can’t vouch for the veracity of most of them though.

1. My husband and Sambo is a good people (Imagine)

2. The President was once a child and the senators were once a children.

3. My fellow widows.

4. A good mother takes care of his children.

5. The people sitting before you were once a children.

6. Yes we are all happy for the effort, it is not easy to carry second in an international competition like this one,(addressing press men after Female Under-19 FIFA World Cup).

7. The bombers who born them? Wasn’t it not a woman? They were once a children now a adult now they are bombing women and children making some children a widow.

8. My heart feels sorry for these children who have become widows for losing their parents for one reason or another.

9. We should have love for our fellow Nigerians irrespective of their NATIONALITY

10. Thank God the Doctors and Nurses are responding to treatment.

11. I would rather kill myself instead of committing suicide.

12. Ojukwu is a great man, he died but his manhood lives on.

13. On behalf of 2million, I donate my family.

14. Why will boko haram bomb last churches on christmas day, they don’t have respect for Jesus, they are a very bad person, in fact I’m a sadder woman right now and Mr.President is more saddest.

15. We all have HIV.


‘BUT MAKE SURE YOU DON’T BLOW UP ANYBODY’

May 10, 2014 – 03:30PM

Remember the ‘old’ joke of there being no difference between Blacks and Monkeys? I believe today, it has re-surfaced in many countries, but now it talks about Muslims and Terrorists.

I was in need of internet connection earlier today, whence, I went to the Faculty of Agric. and Forestry, University of Ibadan; as the Wi-Fi service is still operational. I was about having my sit in the relaxing arena when suddenly one of the security officials, popularly known as ‘Abefele’ sitting nearby beckoned on me. This is the conversation that ensued between us.

Note: I was putting on ‘jumping trousers’; a symbol of Islam which is pants that are not long enough to cover the ankles.

Note again: I will only attempt to paraphrase the expressions used in the actual dialogue, except of course the punch line in the whole story which has stuck to my mind since the incident.

Him: Hello, why are you sitting there?

Me: Good evening sir.

Him: What are you doing here?

Me: I’m only here to make use of my P.C. sir.

Him: Can I see your school ID card?

Me: I’m not with it sir.

Him: So, how do I know you are a student of this school?

Me: I’m sorry but I don’t have any document with me for proper identification sir … but.

Him: Well, you know this is a very critical time for the nation. This Boko-Haram menace, in particular. Seven countries are even here now to render assistance.

Me: Hmmm, yes, I only know of four though.

Him: They’re seven.

Me: Okay sir.

Him: May Nigeria be rid of those terrorists o.

Me: By God’s grace.

Him: So, where’s your ID card.

Me: It’s in my schoolbag sir.

Him: Go and bring it. Where’s your bag?

Me: I actually left it inside the mosque.

Him: Can you go and bring it?

Me: But sir, can you allow me to sit under the Coca-Cola shed over there, since it seems you’re uncomfortable with me sitting behind you

Him: Hmm, okay, no problem. You can sit there.

Me: Thank you sir.

Him: ‘But make sure you don’t blow up anybody o       !

Me: [leaves faking a smile, and thinking what an idiot he is]…

FIRST SESSION IN OFFICE

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FIRST SESSION IN OFFICE

Ante-Ante-Scriptum: I believe the topic for this article ought to have read ‘first year in office’. However, no thanks to the Academic Staff Union of Universities, that caption has been automatically rendered inappropriate.

Ante-Scriptum: Created this document on my PC since June 28, 2013; opened it on several occasions hoping to add something to it. However it remained unchanged and substantially incomplete for many months. All thanks to God that today, May 10, 2014, almost a year later, I finally am able to be done with it.

It’s been up to a session now since I was saddled with the great responsibility; and perhaps opportunity too, of serving in the position of a class representative once again. Well once again, because I have had a taste of such honour in the past, only that now it is not as a leader of some kindergartners or captain of a class of high school lads; it is as the head of an assemblage of whiz kids, prodigies, soon-to-be jurists and exceptional scholars in Nigeria’s premier university; the University of Ibadan.

The first surprise came when I heard someone shout Kunle; after Mrs Olomola, our first Law 101 lecturer, declared the ground open for nominations into the positions of male and female class representatives. ‘It can’t be’, ‘it has got to be someone else’, ‘who could possibly know me by name’, my thoughts rolled in. But my hope turned vain when nobody else stood up, and the lecturer called for a second time; ‘who is Kunle?’

The second one came when after the voice vote; as if fate was bent on disappointing me, I emerged as the class representative, despite my shortcomings, both overt and covert; and despite the presence of many, better than I am in many aspects, in the same class.

I was even more surprised because I never aspired to or intended to be in such position, even though my action on the morning of that very day, which unexpectedly turned out to be the Election Day, may have triggered the outcome.

I had always wanted to be one who is not easily noticed. One who would come to class quietly, receive lectures, sign attendance registers and leave without anyone’s interference. One who would sit at the tail-end criticising whoever the class rep. was and dishing out my opinions, for the progress of the class, whenever expedient. However, with that singular turn of events, all those hopes were dashed, quashed and short-lived like the Hobbesian state of nature.

I was (and still am) not the most brilliant in the class. I was not the most experienced. I was not the most charismatic. And I certainly was not the most outspoken. How then, I wondered, could I be chosen as the one to lead a class of intellectuals, studying the noblest of professions in Nigeria’s ‘first and best’ university of learning?

The ‘modus operandi’ of what is called ‘destiny’ amazes me at times. What you think could least happen, will happen daringly and remorselessly, and vice versa. I remember that, weeks back, during our medical test [one of freshers’ many rituals] at the law clinic, I was in the gathering of some of my course-mates. One thing led to the other, and a particular lady, I’m not certain of her identity now, said in my presence that I’m ‘not the class rep. type’; and I totally agreed with her. I still think I’m ‘not the type’ though, but then, as the ‘Grand architect of human fate’ would have it, here I am.

Days turn into weeks, and weeks into month. It’s been up to a year now, and I still answer to the title: Class rep. of [now] 200 level law students class [a.k.a. LLB octal-final]. The journey from day one till this moment has been filled with the good, the bad and, of course, the ugly. I have had to do things I ordinarily would not. I have had to meet people I ordinarily wouldn’t move close. Again, I have had to forbear many things, that if I were an ordinary member of the class, I would not have.

WHAT WE HAVE DONE: My appointment into the position is not, so to speak, a political one. I did not engage in campaigning, pleading or manifesto declaration. I was not bound to ‘achieve’ anything through the office, except representing the class, connecting with lecturers and ensuring a smooth ride through our five years in the university. But then, I think it necessary to mention the few things I [and/or we] did in the past year that deviated a little from the routine practice of an average class representative. They are not exceptional, but as this is a recount of my experience in the first session, I will share them still.

  • ‘The Class Directory’: This is where it all started from, I guess. The class directory is a document I prepared before resumption, containing an almost-complete list of names of members of the class along-side spaces to fill-in other details, using the admission lists released by the university. I compiled and designed it solely based on the doctrine of necessity and a spirit of generosity, with no ulterior motives in mind. But then as it turned out, the directory which I publicised on the day of the election, was, more or less, what first endeared me to my colleagues. Anyway, the document has proved useful on many occasions, to both members of the class and non-members alike, in getting the needed contacts.
  • ‘Class versus Congress’: one of the most unforgettable events experienced in the class’s fresher days is the ‘clash with the congress’; the protest of some members of the class at the second (or first?) congress sitting. In short, we were denied our franchise, contrasting what is expressly provided by the LSS (Law Students’ Society) constitution. And rather than argue based on facts and law, the members of the class present that very day decided it best to ‘make them know’ we aren’t docile idiots. They allegedly stood on the chairs, and then some staged a walk-out. The congress was offended, and I eventually had to tender a formal apology before it weeks later. This satisfied them and, in a way, cooled their ego. End of story (or is it … well … not really).
  • ‘Gentleman of the week’: this is another of the projects I embarked on for the class. Every week, I would choose a particular member of the class (male-female-male-female, in that order, week after week). The chosen one would fill, in a form, information such as nick, favourite food, best friend, role model, hobbies, best day on campus, message to colleagues etc. And this would then be uploaded on the Facebook group, as well as the Whatsapp group for others to see. The aim of this apparently is just to bring members of the class into one accord, by facilitating familiarity.
  • ‘Public Address Item’: Aha, well, this came up close to the close of the session. I thought since most of the time, my colleagues complain of not being able to grasp my vocal announcements properly. After I have spoken, many would still ask for what it was I said. Hoping to find a lasting solution to this hitch, I decided to get a mini-public address system; a device that resembles a radio and has a mouthpiece to speak into. I didn’t think to use it several weeks after we resumed from the strike, but when I did use, it really felt awkward, plus it turned out not to be of much use too.
  • ‘Unbeaten Soccer Champs’: one thing that makes me really proud of being a coordinator of the class is that, it is no ordinary class, it is one jam-packed with intelligent, yet equally talented, folks. My course mates are not only bookish, and stylish, they are ‘sportish’.Consecutively, our soccer team has won up to two soccer tournaments and one soccer match, unbeaten on the field of play. First, it was our seniors that challenged us to a match, hoping to welcome us by showing us who’s boss at the faculty. But then, their plot backfired as we turned out to be no rookie at the game. After that, proving our first victory was not a matter of luck, we went ahead to also win the CBN cup and Dean’s cup.

CHALLENGES I CONFRONTED:

  • ‘The Class’: the class has, in a way, been a challenge for me in my capacity as the representative. But then, this is perfectly understandable since we are speaking of learned (or if you may, learning) scholars here; who are perfectly aware of their rights, even the most insignificant, who best know the law and again, how best to break it.

When I say the class has been a challenge, it is primarily in the aspect of cooperation and attentiveness.It is usually frustrating, standing before an audience with an important notice, and then majority of them are making one distracting noise or the other.

Another instance to buttress this challenge is in the area of attendance registers. On one or two occasions, with respect to LAW class I have had to plead with the lecturer not to input the registers. Why, because I would not be able to get back all the lists I passed, God knows why. Maybe, aliens are pilfering them in order to create a database of humans. Just maybe ;-).

  • ‘Finance’: thanks to the Almighty, this hasn’t been much of a challenge. Even though I’m from a humble background, I’ve, thus far, found it bearable to expend money on things such as transport, stationeries and recharge cards (for making calls and browsing); most especially recharge cards.
  • ‘Time management’: sincerely, if I were not in this position, I might have been one of the perpetual late-comers of the class. If I were not the class rep., I would not have had to attend to countless extemporaneous calls from the Faculty Officer, lecturers and students. I would not have had to sacrifice my time for many things that my position requires of me, or that I have made it to require of me. Maybe, this has made me a more responsible person, or maybe it has only succeeded in making not to succeed enough in my studies, I honestly do not know.
  • ‘The Whatsapp group’: this has somewhat been an issue to me since its creation. The problem is: I created the group to serve solely (or basically) as a platform to disseminate information that concern our academic life, I added as many class members as I could to benefit from this, BUT some prefer to convert the status of the group from ‘strictly business’ to ‘fun-for-all’. The group was so anarchical eventually that many leave persistently, including me, during the mid-second semester break (ASUU strike i.e.). I created another one after resumption but the same problem, of getting hundreds and hundreds of chat messages daily, resurfaced. In the end, I came to shape my mind-set into subscribing to the Utilitarian proposition that what is most important is seeking the ‘greatest happiness for the greatest number of people’. I have come to accept that this is a democracy, and the will of the majority must be respected. When the same people that you think you are fighting for turn against you, then you are only wasting your time. Like a Greek philosopher once said; to help a man against his will (e.g. preventing a suicidal person from dying) is, in fact, same as murdering him.

THE GOOD SIDE:

  • ‘Rapport with lecturers and other students’: this is one major reason why many crave to be in the position of class rep. And it is true that my being there has ignited rapport between many lecturers and me. However, I know many students who are closer to all our lecturers than I am. So, I guess it’s never about the position, it’s about the ambition and determination. I have also interacted with many other individuals [e.g. LSS officials, and excos of student organisations], not because they find my personality likable, but because they find my rank instrumental.
  • ‘Public speaking practice’: my public speaking and audience facing skills have been improved, I guess, as a result of the incessant cases where I had to address a class of hundreds for one thing or the other. But I must add, that even though I’ve done it times without count, I still hesitate, most times, before taking those steps to the front of the class.

CONCLUSION: That I may not be criticised for writing something not too far from being a facsimile of ‘So long a letter’, I will promptly conclude by, first appreciating my course mates for understanding and bearing with my inadequacies all these while – all the times I failed or forgot to pass attendance sheets, all the times I could or would not check for results and time-tables on time, all the times you called and I didn’t pick, all the times my voice was not audible enough for the whole class to grasp, all the times I did not speak when I was expected to and the times I spoke when it was uncalled for, all the times it seemed I deliberately shunned some person(s) or that I was not amiable enough, all the times I have, in one way or the other, offended either an individual, a caucus, or the whole class in general, and all those other times, in which I did other things, my frail brain would not remember. I thank you all for understanding; and indeed I am sorry for all those times.

I want to use this medium to enjoin everyone reading this not to hesitate in sharing prickly, but constructive, criticisms whenever necessary, directing them to whoever is concerned, and not minding whose toe is stepped on, not caring whose ox is gored.

What I am trying to say is: censure, reproach and lash the leader whenever he does something that is, in your honest opinion, wrong; whenever his attitude is becoming unbecoming and his actions are turning untoward.

My religion has made me to understand perfectly that the position of leadership is a very crucial and consequential one. It is one which one holding it will be made to compulsorily account for, if not in this world, in the next. My job is to promote the good of the class, and to satisfy its needs. If anyone is aggrieved as a result of my actions or decisions, I cannot possibly know unless I am told. Just like mens rea is no crime and a mere cerebral or wishful acceptance is no acceptance; a mental dissatisfaction, which is not expressed or even impliedly indicated, is no dissatisfaction at all; it is useless.

Verily, the tasks before us are much greater than the ones we left behind. Let us learn from our past mistakes, especially respecting our academic concern, and apply the lessons therein to better our present with a view to inheriting a desired future.

Let us face our studies squarely, yet also remember that facing it only will merely educate us partly and not roundly.

Let us make unity our watchword; sustain the spirit of camaraderie that has kept us thus far; and do away with all fissiparous factors, whether via political affiliations, behavioural polarity or academic envy.

And with the God of Justice on our side, like He has been on our side in all those soccer tournaments, we will get to our preferred termini; and we will be glad, in the end, that we did not get there with another set of great young minds, different from the one we are with now.

Thanks for reading; LOVE YOU ALL!

SOCIAL NETWORKS AND MUSLIMS

Photo credit: Kairay Media

Photo credit: Kairay Media

A MUSLIM:

He is someone who submits willingly and absolutely to the will of Allah, the almighty. He lives consistently by the tents of Al-Islam. He considers the sayings of Allah and his messenger in whatever he sets out to do.

In this age of rocket-science, there exist quite a lot of novel inventions which could only be dreamt about in the Prophetic era. This poses a challenge to present-day Muslims, as patterning their lives with that of Prophet Muhammad (Peace be upon his soul) would be somewhat difficult considering the quantum jump experienced in technological, environmental, and socio-economic spheres. One of such new inventions is the internet, and more specifically, social networks.

Continue reading

NIGERIA HAS NOT FAILED!

NIGERIA HAS NOT FAILED

I was spreading my washed clothes one afternoon [23-04-2013] when ‘it’ suddenly crossed my mind…

It’s been repeated on innumerable occasions, through several means; television, radio, newspapers, social networks, bear parlours, collegiate debates, gossip joints etc. that NIGERIA is not only a failing nation, but an already failed and irredeemable one.

It is said that NIGERIA is a doomed country, a marriage grounded on duress and mistake, a company about to liquidate, a time-bomb waiting to explode. In fact, a particular politician has developed the habit of uttering the view that ‘the ship of the Nigerian state is heading towards {an avoidable} cataract, iceberg and oxbow lakes.’ And, fortunately or unfortunately, that is the view of the majority, excluding, of course, the ‘microscopic few’ who feed off the woes, hunger and misery of the masses.

However, putting sentiments aside, and focussing solely on reality; how true can we say this viewpoint is?

I’m sure it is obvious already, from the title of this write-up; that I disagree with the notion, even though I definitely am not part of the parasitic ‘microscopic few’. So what exactly is my thought respecting the issue.

I believe Nigeria is not a failure. But neither can she be labelled a success.         I believe just as we cannot call a particular course (or subject, as the case may be) a failure or success, we cannot call ‘Nigeria’ the same.

What am I trying to say? Only students fail or succeed. They fail or pass particular courses. And since Nigeria is not a student, {just a subject or ‘a mere geographical expression’ as Chief Obafemi Awolowo once put it} she has neither failed nor succeeded. Thus, the accurate proposition should not be ‘NIGERIA has FAILED’ or ‘NIGERIA is a FAILED STATE’; it ought to be; ‘NIGERIANS have FAILED NIGERIA!’

In school, we have easy courses {e.g. General studies, use of English etc.} and difficult ones {e.g. advanced mathematics, programming, physics etc.}. If we are to categorise Nigeria into one of these two broad types, she would be a very easy course to pass, easier than English language, easier than religious studies and even easier than ‘nullology’, the study of nothing, if there’s anything such thing. This is so because she has all the resources in the world to make even a dullard pass. Yet, Nigerians have failed her.

The question to ask now, I guess, is WHY? Why have we failed our fatherland despite her rich and copious mineral resources? Why have we failed our country despite her possessing a more than enough {fresh and youthful} human resources? Why have Nigerians failed Nigeria, even though she is very easy to pass? Why, oh why? Is it that we are that daft? I don’t know. But in a country where hundreds of people die daily in the most despicable ways and yet the number one figure finds it easy to engage in political crusades; a country where little children are being raped, sold, kidnapped and murdered, yet all the parliament thinks of is a raise in allocation; a country where genuine justice is incessantly slaughtered on the altar of cupidity; what else do we expect? It is not that we are too daft to succeed, just that everyone is too busy ‘surviving’ {even if it’s at others detriment}, to care about the greater good. We are too busy salivating for political appointments and governmental contracts to remember that others also deserve a good life; and even a life at all. We are too busy chasing money; fame and comfort that we fail to see the big picture, to be concerned about the verdicts of posterity.

And until that changes, we will keep failing this country. We will keep having a ‘carry-over’ of the vicious cycle of corruption and poverty and insecurity.

This article is not aimed at highlighting the many problems bedevilling this country, because we do not just already know them, we, as a matter of fact; sensually perceive them on a daily basis. Again, it is not that I have set out to postulate solutions to these problems, as an ignorance of the way-out of our predicament has never been a problem for us as well; it is the will cum the zeal to follow them through that we lack.

I have only thought it worthwhile to correct the popular, but erroneous notion that Nigeria has failed. No! She hasn’t; because she is inanimate, she is lifeless, and she makes no decisions to determine her well-being or otherwise.

It is we, Nigerians, that have failed the Nigerian subject.

It is we, Nigerians, that have failed the Almighty, our teacher.

It is we who have failed ourselves.

Nigeria has not failed; rather she is failed.

I HOPE TO ALWAYS BE SICK

                            HOW I WISH  …

… TO ALWAYS BE SICK

Walking back home today ‘under’ the scorching heat, with no cash in hand [nor in pocket, nor in the bank], and witnessing a gradual resurrection of my supposedly buried malaria infection, I could not but become philosophical in mood.

I was sick of the level of abject poverty that walks free in my society. Old men without security, struggling to keep a life many without creed would thoughtlessly terminate. Young children who stare at their juniors going to school, and who, rather than go to school too, are forced by their guardians to hawk petty goods for long hours every single day. Fathers [and these days, mothers too] who become speechless or prevaricate whenever their kids ask why they can’t have this or that; why they eat once a day while their neighbours have all they want; why they have to wear the same dress for the same festival, five years in a row, before getting a new sub-standard one. What about the gutters? Rather than prevent flooding; they have become a massive bin system, an abode for flies, tadpoles, and in fact unwanted new-borns.

I was sick of the naivety of our youths. The guys going through any means imaginable to be [not just rich but] filthily and ostentatiously rich, wrongly assuming that’s all there is to life; and then spending all the money, not on education or business ventures, but on drugs and girls. And the girls: thinking so low of themselves and trading their priceless bodily endowment for small, insignificant ephemerons. Both parties trying endlessly to please the other, but doing no more than to ruin their own lives.

I was sick of people dying, dreams quashing and families crumbling; all because some unemployed and confused youths are paid to blow things up for whatever reason. Every year, the frustration keeps increasing. Frustrated youths, both within and without the country, are taken advantage of to frustrate the lives of others. And then, there seems to be no end in sight.

I was sick of the government responsible for all these. Not that it caused it, and neither that it didn’t, but that it failed to arrest them. Politicians who sponsor terrorism just to register fear in the people’s minds and pit them against their opponents. Office holders who steal, in a matter of seconds, what their whole kinsmen and countless progenitors may never exhaust; building mansions in faraway countries, which they may never step in; buying sporty cars as if buying their kids toy cars, and as is they could ride in ten at the same time.

I was sick, and I am still.

Hence, how it is that wish to always be sick.

How I wish my sickness would graduate to become sadness.

How I wish my sadness would graduate to become resentment.

…and that resentment would, in one way or the other, lead to an insurgence…

…be it peaceful, or otherwise… I don’t care, because no patient is patient enough to care HOW he gets treatment, all he wants is THAT he gets it.

LEGAL MAXIMS AND THEIR SHORT EXPLANATIONS


LEGAL
MAXIMS AND THEIR SHORT EXPLANATIONS

WRITTEN & COMPILED BY:ESSAYS NG


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ACCUSARE NEMO SE DEBET [NISI CORAM DEO]: NO ONE OUGHT TO ACCUSE HIMSELF [EXCEPT TO GOD].

  • Also called the ‘right against self-incrimination’.
  • Similar to ‘Nemo tenetur seipsum accusare’.
  • An accused is fully entitled to plead ‘not guilty’ whatever the facts may be.
  • A witness may refuse to answer questions on the ground that a reply might incriminate him.
  • A confession is not admissible unless it is made freely and voluntarily. It must not be induced through promise or threat.
  • See R v Lagos, Miranda v Arizona and Mapp v Ohio.

 

ACTA EXTERIORA INDICANT SECRETA INTERIORA: THE OUTWARD ACTS SHOW THE SECRET INTENTIONS.

  • This involves the ascertainment of someone’s subjective interest/purpose motivating his/her actions, by considering what the immediate, proximate and reasonably to be anticipated consequences of such actions are and to reason that the person intends to accomplish them.
  • Facta non verba’ – actions speak louder than voice.

 

ACTIO PERSONALIS MORITUR CUM PERSONA: ANY RIGHT OF ACTION DIES WITH THE PERSON.

  • It applies to actions in form of ‘ex delicto’. ‘Delict’ meaning wrong/injury done to someone.
  • It is a common law rule which states that ‘if an injury were done either to the person or to the property of another for which damages only could be recovered in satisfaction, the action died with the person to whom or by whom the wrong was done.
  • In case of injury to the person, if either party dies, no action can be supported either by or against the executors or other representatives.
  • Thus, going by this maxim, it would be better for a motorist to kill rather than merely injure a pedestrian who is unemployed, unmarried, childless and an orphan.
  • The relevance of this principle has been substantially removed by statutes which allow a deceased’s estate to pursue the litigation.
  • It does not apply to personal action founded on contract.
  • It now seems to be generally confined to ‘defamation’.
  • See Phillip v Homfray, Ayodele v Ore and Kareem v Wema Bank Ltd.

 

ACTORE NON PROBANTE, ABSOLVITUR REUS: AN ACTION NOT PROVED, ABSOLVES THE GUILTY.

  • When the plaintiff/prosecution does not prove his case, judgment is for the defendant/accused.
  • The same principle applies to an appellant if the judges are equally divided in their decisions.
  • See Famuroti v Agbeke and Awomuti v Salami.

 

ACTUS DEI NEMINI FACIT INJURIAM: AN ACT OF GOD CAUSES LEGAL INJURY TO NO ONE.

  • The law holds no man responsible for the act of God’ ~Herbert Broom.
  • The loss from an injury caused thereby must be borne by the victim.
  • It refers to an injury, inevitable as a result of an act of God, which no industry can avoid or policy prevent.
  • Supposing a storm causes Mr A’s car to land on, thereby damaging Mr B’s house, Mr B cannot claim damages from Mr A.
  • See Omotayo v Arbuckie Smith & Co. Ltd.

 

ACTUS NON FACIT REUM, NISI MENS SIT REA: AN ACT DOES NOT MAKE GUILT, UNLESS THE MIND BE GUILTY.

  • The intent and the act must both concur to constitute a crime.
  • Similar to Nemo cogitationis poenam patitur: No one shall be punished for his thoughts alone.
  • The existence of a criminal mind may be negated with the defences of: *Mistake *Accident *Compulsion *Consent *Claim of right.
  • A lunatic may however be found guilty of crime, but will not be executed and only kept in custody for lack of ‘real’ intent [i.e. mens rea].
  • See R v Nasamu, Sweet v Parsely and The State v Adelenwa.

 

AFFIDAVIT: HE SWORE.

  • Or ‘FOR HE HAS DECLARED UPON OATH’.
  • A written sworn statement of fact voluntarily made by an affiant or deponent under an oath/affirmation administered by an authorised person.
  • Witnessed by a solicitor or a commissioner of oaths.
  • It may not be admissible as evidence; must be backed up.
  • The content should be only within the knowledge of the affiant.
  • If discovered false, with the intent to deceive; may lead to a charge of perjury.

 

ARMA IN ARMATOS SUMERE JURA SINUNT: THE LAW PERMITS THE TAKING UP OF ARMS AGAINST THE ARMED.

  • The use of arms is only lawful if it is necessary as a form of self-defence, to prevent or repel the commission of a forcible entry or an atrocious crime.
  • See Nwuguru v The State, R v Igwe and The Queen v Jinobu.

 

AUDI ALTERAM PARTEM: HEAR THE OTHER SIDE.

  • First enacted in the Magna Carta, 1215.
  • Similar to ‘AUDITUR ET ALTERA PARS’.
  • No person shall be condemned, punished or have any property or legal right compromised by a law court without being heard.
  • It includes habeas corpus, right to receive notice of hearing and to be given an opportunity to be represented or heard.
  • It is a principle of fair-hearing; that both party shall respond to the evidence against them.
  • It is considered a principle of fundamental justice or equity.
  • The ancient Greek dramatists considered ‘hear both sides’ as part of ‘common wisdom’.
  • Today, legal systems differ on whether a person can be convicted in absentia.
  • Even God, it is said, allowed Adam to make his defence before passing judgment.
  • See King v Chancellor, Cooper v Wandsworth Board of Works, Fawehinmi v LPD committee per Kayode Eso JSC, R v Chancellor of Cambridge Univerisity, Adedeji v Public Service Commission, Akande v The state, adeigun v A.G. Oyo state and Udemah v Nig. Coal Corp.

COMMODUM EX INJURIA SUA, NEMO HABERE DEBET: OUT OF HIS OWN WRONG, NO ONE OUGHT TO HAVE ADVANTAGE.

  • Mostly applied in insurance cases whereby the assured inflicts injury on himself, spouse or property to make a fraudulent claim.
  • See Lek v Matthews and Cole v Accident Assurance Co. Ltd.

 

CORPUS DELICTI: BODY OF CRIME.

  • Plural: ‘Corpora delicti’.
  • A principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime.
  • It is ‘the fact of a crime having been actually committed’ ~Black’s law dictionary.
  • Out-of-court confession of a defendant is insufficient as evidence.
  • An accused cannot be convicted solely upon an accomplice’s testimony.
  • If a person disappears and cannot be contacted, a ‘missing person’ case is initiated. A ‘body’ of evidentiary items must be obtained to establish that the missing individual has indeed been murdered.
  • Misinterpretation: in the case of British serial killer, John George Haigh, he destroyed the bodies of his victims with acid thinking that in the absence of a corpse, murder could not be proven.

 

DOMUS SUA CINQUE EST TUTISSIMUM REFUGIUM: A MAN’S HOUSE IS HIS SAFEST RETREAT.

  • The house of everyone is to him a castle/fortress for his safety, and defence against injury and violence.
  • A house” includes a rented house.
  • In R v Hussay, the tenant was justified to have shot his landlord who tried to forcibly eject him after a quit-notice.
  • See also The Queen v Eyo and R v Ebi.

 

 

 

 

EX PARTE: FOR ONE PARTY ONLY.

  • Or ‘OUTSIDE THE AWARENESS OF A PARTY.’
  • It refers to the proceedings where one of the parties has not received notice and, therefore is neither present nor represented.
  • It is not ex parte, if a notice is received but the person chose not to attend.
  • However, some jurisdictions expand it to mean any proceeding that goes undefended.
  • One of the parties applies to the court and is awarded without the knowledge of the other party who may be bound or affected by the proceeding/verdict.
  • Ex parte applications often seek‘court injunction’.
  • It gives room for injustice.
  • It is not common in the adversarial system.
  • Urgency often leads to it.
  • The party present in court must/is expected to present the case fairly.

EX TURPI CAUSE NON ORITUR ACTIO: OUT OF A BASE/DISGRACEFUL/ILLEGAL CAUSE, AN ACTION DOES NOT ARISE.

  • “No polluted hand shall touch the pure foundation of justice.”
  • “He who comes to equity, must come with clean hands” [a maxim of equity].
  • It means redress shall not be granted to persons involved in an illegal deal.
  • Illegality in an agreement renders it wholly void of legal effect.
  • See Canfailla v Chahin, Stevens v Gourley and Onyiuke v Okeke.

 

HABEAS CORPUS: MAY YOU HAVE THE BODY.

  • Habeas: 2nd person singular present subjunctive active of ‘habere’ – to have.

Corpus: accusative singular of ‘corpus’; plural is ‘corpora’.

  • Fully written as ‘habeas corpus ad subjiciendum.’
  • Also called ‘the great writ’.
  • It is a writ [legal action] that requires a person under arrest to be brought before a judge.
  • It ensures that a prisoner can be released from unlawful detention.
  • The remedy can be sought by the prisoner and anyone coming to his aid.
  • It is addressed to the prison custodian.
  • Others, aside the detainee, can write the petition because he might be held ‘incommunicado’.
  • It may be suspended due to a ‘national emergency’.
  • Types: *Habeas corpus ad deliberandum et recipiendum.

*Habeas corpus ad faciendum et recipiendum (or cum causa).

*Habeas corpus ad prosequendum.

*Habeas corpus ad respondedum.

*Habeas corpus ad testificandum.

 

INTER ARMA, LEGES SILENT: IN THE MIDST OF ARMS, THE LAW IS SILENT.

  • First written by Cicero in his oration; ‘Pro Milone’, as ‘Silent enim leges inter arma’.
  • “The laws will thusnot be silent in time of war, but they will speak with a somewhat different voice” ~ChiefJustice William Rehnquist.
  • “The clatter of arms drowns out the voice of the law” ~Henry David Thoreau.
  • It applies between different states, during civil disturbances or a coup d’état.

 

INTEREST REIPUBLICAE UT SIT FINIS LITIUM: IT CONCERNS THE STATE THAT THERE BE AN END TO LAWSUITS.

  • Or ‘IT IS FOR THE GENERAL WELFARE THAT A PERIOD BE PUT TO LITIGATION’.
  • In effect, the law does not encourage prolonged litigation.
  • The wealthy might cause nuisance to the poor if litigation is not restricted.
  • Hence, the court expects the parties to come prepared and present their points of differences as whole and not in bits.
  • See Ijale v Leventis Co. Ltd and Agu v Ikwibe.

 

JUDEX NON REDDIT PLUS QUAM QUOD POTENS IPSE REQUIRIT: A JUDGE DOES NOT GIVE MORE THAN THAT WHICH THE PLAINTIFF ASKS.

  • If a plaintiff claims the sum of ₦10 as debt from the defendant, the judge cannot grant more even if evidence reveals it’s actually ₦15.
  • See Khawam v Elias and Horizon Ltd v Wasurum.

 

JUDICIS EST IUS DICERE, NON DARE: THE JUDGE DECLARES (EXISTING) LAW, AND DOES NOT MAKE NEW ONES.

  • Under our constitution, the court can only interpret legislations: See Section 4 of CFRN.
  • See Abioye v Yakubu.

 

LEX DILATIONES SEMPER EXHORRET: THE LAW ALWAYS ABHORS DELAYS.

  • ‘Justice delayed is justice denied’ ~William Gladstone.
  • See Usikaro v Itsekiri [Land Trustee.]

 

LEX NON COGIT IMPOSSIBILIA: THE LAW DOES NOT COMPEL THE DOING OF IMPOSSIBILITIES.

  • The law which is founded on good sense and reasoning cannot possibly direct that impossible things be done.
  • See: ‘nemo tenetur ad impossible

 

MANDAMUS: WE ORDER.

  • A judicial remedy or an order from a superior court to a subordinate court, corporation or public authority to do or not to do some specific act which that body is obliged under law to do or refrain from doing.
  • Types: *Alternative *Peremptory *Continuing.
  • Example: In December 2009, Falana, in a suit against the Attorney General, issued for a writ of mandamus compelling Yar’adua to transmit a written declaration to the Senate President and speaker of House of Representatives empowering Jonathan as Acting President [in line with Section 145 of CFRN].

 

NEMO DAT QUOD HABET: NO ONE GIVES WHAT HE DOES NOT HAVE.

  • Sometimes called the ‘nemo dat’ rule.
  • It states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership right to it also denies the purchaser any ownership title.
  • A person who is not the legitimate owner of an item cannot despatch it to another person.
  • Often stays valid even if the purchaser is not aware.
  • There are exceptions, though, which aim to give a degree of protection to bona fide purchasers as well as original owners.
  • Section 27, Sale of Goods Act: anybody purchasing something without the consent of the legitimate owner only attains the same rights to the item as the dishonest seller.
  • Section 26(1): a buyer from a non-owner obtains no better title than the seller.
  • Exceptions: *Mercantile agent *Sale by joint-owners *voidable contract *Sale by an unpaid seller *Termination of offer *Quasi-contract.

 

NEMO DEBET BIS VIXARI PRO UNA ET ENDEM LITIUM: NO ONE OUGHT TO BE TWICE VEXED (SUED) FOR ONE AND THE SAME CAUSE.

  • Similar to‘NEMO BIS PUNITUR PRO UNO (EODEM) DELICTO’ – No one should be twice punished for one wrong.
  • Similar to the principle of Res judicata; in civil matters.
  • It states that nobody should be twice sued or prosecuted upon one and the same set of facts, if there has been a final decision of a competent court.
  • However, an abortive or premature trial can be retried [see Windson v R].
  • In Connelly v DPP, the defendant tricked the judge by sending a dozen bottles of champagne with the compliment of the plaintiff, hence winning the case. If realised, the case could be re-tried on the ground of a mistrial.

 

NEMO DEBET ESSE JUDIX IN PROPRIA CAUSA: NOBODY OUGHT TO BE A JUDGE IN HIS OWN CAUSE.

  • This is a principle of natural law.
  • Popularly known as the rule against ‘bias’ i.e. anything which tends a person to decide a case other than on the basis of evidence.
  • It is based on the premise that it is against human psychology to decide a case against himself.
  • It accords with the dictum of Lord Hewart C.J. in R v Sussex; ‘Justice should not only be done, but also manifestly and undoubtedly be seen to be done.’
  • A biased decision is a nullity and is ‘coram non judice’.
  • May also be expressed as: *Nemo judex idoneus in propria causa est *Nemo judexin parte sua *Nemo judex in causa sua *In propria causa nemo judex.
  • The maxim crystallised in United Breweries Co. v Bath in which the Lord Chancellor (a shareholder in the company) decided in favour of the canal company.
  • In Wright v Crump [1790], the Mayor of Hereford, England; claimed title to a local house, arranged with a friend to lease it to him and then the friend brought a legal action for the ejectment of the occupants – Lord Mayor himself found for the claimant. Occupants appealed to the court of King’s Bench and the Mayor was sentenced to a term of imprisonment.
  • Exception [doctrine of necessity]: bias would not disqualify an officer if no other person is competent to act in his place e.g. Speaker of a house in impeachment proceedings.

 

NOLLE PROSEQUI: UNWILLING TO PURSUE.

  • Or ‘DO NOT PROSECUTE’.
  • It is most often used in criminal cases.
  • It is called ‘voluntary dismissal’ in civil cases.
  • Similar to it is ‘declination of prosecution’.
  • Its opposite is ‘involuntary dismissal’.
  • It is the prosecutor’s decision to voluntarily discontinue criminal charges either before trial or fore a verdict is rendered.
  • Judges seldom challenge such declarations.
  • It is not a guaranteefor the impossibility of a later re-indictment and nor is it a protection against ‘double jeopardy’ as the merits of the case were not adjudicated.
  • Reasons: *Weak or insufficient evidence.

     *Doubt as to the guilt of the defendant.

*Death of the accused.

 

 

 

 

PAR IN PAREM, NO HABET IMPERIUM: AN EQUAL POSSESSES NO POWER OVER AN EQUAL.

  • Also called the ‘doctrine of immunity from suit’.
  • This is a precept that a state cannot be sued in the courts of a foreign state, along-standing rule of customary international law identified with the personalimmunity of a foreign sovereign from suit.
  • It also applies to private individuals acting in their official capacity or representing their state e.g. USA v Guinto.
  • But when the public official does act contrary to law and injurious to the plaintiff, he is made accountable e.g. Shauf v Court of Appeals.

 

PLUS VALET UNUS OCCULATUS TESTIS, QUAM AURITI DECEM: ONE EYE WITNESS IS STRONGER THAN TEN HEARSAYS.

  • Based on the principle that, at all times, justice must be manifestly seen to have been done.
  • In law, ‘hearsay evidence’ is the opposite of ‘direct evidence’.
  • Also, any evidence given in the absence of an accused is not admissible against him.
  • See R v Samuels and Onwocha v The state.

 

PRO BONO PUBLICO: FOR THE GOOD OF THE PUBLIC.

  • Done or undertaken for public good without any payment or compensation.
  • Necessitas publica major est quam privata: public necessity has priority over a private need.

 

QUI NON IMPROBAT, APPROBAT: HE WHO DOES NOT DISAPPROVE, APPROVES.

  • Hence, a person in authority may be punished for covering a very serious crime known to him/her.
  • In English law, ‘MISPRISION’ is an offence which is to conceal a treason/felony.
  • See R v Aberg.

 

QUI PARCIT NOCENTIBUS INNOCENTES PUNIT: HE WHO SPARES THE GUILTY, PUNISHES THE INNOCENT.

  • For instance, the letting off of a rapist amounts to an ironical/literary punishment of the victim for her agony, violation of dignity and molestation.
  • However, the sentence of ‘cautioned and discharged’ is deemed a conviction and cannot be equated with sparing the guilty.

 

QUI PECAT EMBRIUS, LUAT SOBRIUS: HE WHO SINS WHEN DRUNK SHALL BE PUNISHED WHEN SOBER.

  • …even if a person drunk himself to the state of ‘dementia effectum’ (self-imposed madness), he will be punished for the crime after his sober moment; in common law i.e. before 1920 [introduction of the concept of mens rea].
  • The present legal position is that voluntary drunkenness which deprives a person of necessary mens rea cannot ground a criminal conviction.
  • If intent is coupled with violent passion, guilt is established as he is presumed to intend the natural consequence of the act.

 

QUICQUID PLANTATUR SOLO, SOLO CEDIT: WHATEVER IS AFFIXED TO THE SOIL, BECOMES PART OF IT.

  • In Onuwaje v Ogbeide, the plaintiff warned the defendant not to enter his land warning that it is his. The defendant went ahead to erecta building on the real estate; and then the plaintiff claimed title to it.
  • See also Atanda v Ajani and Tewogbade v Adeolu.

 

RES JUDICATA: MATTER ALREADY ADJUDGED.

  • Also called ‘claim preclusion’.
  • It is a legal doctrine meant to bar continued litigation between the same parties.
  • It may refer to a case which cannot be appealed because there has been a final judgment.
  • It cannot be raised whether in the same court or another.
  • Aims at preventing injustice and a waste of resources.
  • It prevents contradictory judgments and multiple recoveries of damages.
  • Requirements: *Identity in the thing at suit.

     *Identity of the cause at suit.

*Identity of the parties to the action.

*Identity in the designation of the parties involved.

*Whether the judgment was final.

*Whether the parties were given fair-hearing.

  • It includes two related concepts: *claim preclusion *issue preclusion or collateral                                                                                                               estoppel.
  • It may be ignored if there is a deficiency in due process in the adjudged case.
  • See Agu v Ikewide, Iyayi v Eyiegbe and Odjevwaje v Echanokpe.

 

SUB POENA: UNDER PUNISHMENT.

  • A writ by a government agency (court) compelling testimony by a witness or production of evidence under a penalty for failure.
  • The English term, ‘witness summons’ is used in England and Wales.
  • John Waltham, Bishop of Salisbury, createdthe writ.
  • Subpoenas are usually issued by the clerk of the court in the presiding judge’s name.
  • Types: *Subpoena ad testificandum: orders a person to testify before court or     face punishment, in person or by phone.

*Subpoena doces tecum: orders a person to bring physical evidence before the court or face punishment.

 

VOLENTI NON FIT INJURIA: THAT TO WHICH A MAN CONSENTS CANNOT BE CONSIDERED AN INJURY.

  • Expressly or impliedly assenting to an act makes it not to be actionable as a tort.
  • In another sense, no one can enforce a legal right which he has voluntarily waived/abandoned.
  • That party must have known of his legal rights and either by express language or sufficient overt act, tells the other party that he is not insisting on it (or them).
  • See Herd v Weardale Co. and Odua’s investment Co. Ltd v Talabi.

 

 

 

 

 

 

 

 

 

OTHERS!

CONSTITUTIO RESPICIT FUTURA ET NON PRAETERITA:.

CONSUETUDO EST OPTIMA LEGUM INTERPRES:.

DAMNUM SINE INJURIA ESSE POTEST:.

FRAUS EST CELARE FRAUDEM:.

FRAUS ET JUS NUMQUAM COHABITANT:.

IN CRIMINALIBUS, PROBATIONES DEBENT ESSE LUCE CLARIORES:.

JUSTITIAE DILATIO EST QUAEDAM NEGATIO:.

LEGES AB OMNIBUS, INTELLEGI DEBENT:.

LEGES EXPONERE, NON FERRE, DEBET JUDEX:.

LEX INJUSTA NON EST LEX:.

LEX NON SCRIPTA: NON-WRITTEN LAW.

LEX NON VALET EXTRA TERRITIORIUM:.

LEX SCRIPTA: WRITTEN LAW.

MORBUS EST IMPEDIMENTUM IN LEGE:.

NEMO EST HAERES VIVENTIS:.

NULLUM CRIMEN SINE POENA:.

NULLUM PONA SINE LEGE:.

NULLUM SIMILE EST IDEM: NOTHING SIMILAR IS THE SAME.

QUID AB INITIO NON VALET, IN TRACTU TEMPORIS, NON CONVALESCIT:.

VIM VI REPELLERE LICET: IT IS ALLOWED TO REPEL FORCE WITH FORCE.


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