Steady Steady Saga: No Legal Wrong On The Side Of Bolu- By A Concerned Student
Click Here For Free Iphone 14!
By Michael Solanke
Let me consider these piece a concise one. I think it will be an exceeding saving of time and more business-like if I avoid all sweet preliminaries and go straight into the object of this piece.
Various arguments have been made on the side of the two parties as to who is to blame?. While indulging ourselves in these strong contemplations, we need to ask questions. Questions from point of law
1) is the beater, blessing legally married to the acclaimed boyfriend,Saheed?
2) With Copious evidence that shows the reluctance of Blessing to beat Bolu, the former having subjected to compulsion by some third parties to act on the latter, can it be said that she is not liable having carried out the act under duress?
3) Are the beaters supporter, third parties, guilty of the offence?
4) Does Bolu’s act, sleeping with Blessing’s boyfriend, amount to a legal offence?
*ISSUE 1*
From all indications, it is clear that the beater, Blessing is not married to her acclaimed boyfriend Saheed, both were just into an informal relationship. The law does not recognize this and any act done within or/and as regards to this effect will hold no water. It would have been a different matter if they were both married.
*ISSUE 2*
It is submitted both in the code of conduct of the school in section 2A and 351 of the Nigeria Criminal Code that an act done to inflict injury or cause bodily harm to another is tantamount to assaults, totally unacceptable and punishable.
3) It is trite law that there are parties to an offence . Section 7(a) of the Criminal code stars that “every person who actually does the act or makes the omission is guilty of an offence”. No exemptions as to whether commission is by duress as long as the act is carried out.A defence of commission of the act under duress is immaterial as long as the act is being carried out. She can’t escape punishment though might be minimal.
But come to think of it, these ladies went to Bolu’s hall to challenge her which means there must have been an agreement to gang beat her in the first place before they even got there. This is Nigeria.
*ISSUE 3*
The beaters supporters as the third party are of course guilty as they are also parties to the offence. Section 9, paragraph of the Criminal Code states that “when a person counsels another to commit an offence,and an offence is actually committed after such counsels by the person to whom it is given, it is immaterial whether the offence is actually committed is the same as that counsel or a different one,or whether the offence is committed in the way counselled or in a different way, provided in either case that the facts constituting the offence actually committed are a probable consequence of carrying out the counsel”
Moreso, any person who aids another in committing an offence or counsels or procures any other person in committing an offence is guilty of that offence.
*ISSUE 4*
It is clear that bolu has done no legal wrong. It would have been otherwise if Blessing is married to Saheed and be sued for adultery.
However, what she has done is morally wrong.
Categories: Uncategorized