THE LAW AND I

A COURT SHOULD NOT DETERMINE A SUBSTANTIVE SUIT IN ITS RULING ON A TRIAL-WITHIN-TRIAL CHARLES v. FRN (2018) LPELR-43922(CA)   PRACTICE AREA: CRIMINAL PROCEDURE   INTRODUCTION EKANEM, J.C.A. in the Appeal at hand explained the need for a trial-within-trial procedure as follows: “The need for a trial-within-trial arises when at the point of tendering the extra-judicial confession of an accused person, the defence objects to its admissibility on the ground that it was not obtained voluntarily. The trial of the substantive charge is put on hold for the sole purpose of determining the voluntariness of the making of the confessional statement and hence its admissibility or otherwise.” On whether a Court may, at the trial-within-trial stage, delve into the substantive suit, the learned Justice said “The law is that a Court must be cautious in its ruling at an interlocutory stage not to make any pronouncement or observation on the facts which might appear to determ

UNDERSTANDING THE ACT OF USING CUFFS AND FORCE IN EFFECTING ARRESTS. The CRIMINAL CODE: SECTION 271 States: When a peace officer or police officer is proceeding lawfully to arrest, with or without warrant, a person for an offence which is a felony, and is such that the offender may be arrested without warrant, and the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the peace officer or police officer and for any person lawfully assisting him, to use such force as may be reasonably necessary to prevent the escape of the person sought to be arrested, and, if the offence is such that the offender may be punished with death or with imprisonment for seven years or more, may kill him if he cannot by any means otherwise be arrested. It is true that Police officers make Arrests, but how true is it that they must cuff up these persons they want to arrest? Now, 271 has made it an option to forcefully arrest an accused person, but it has also given the c

THE POLICE AND THE NIGERIAN PUBLIC The Nigerian police is a security "personnel" and should have the interest of the masses at the back of it's mind, but the reverse is the case.  These days you find people getting in the employ of private investigators and security personnel. So I ask, does it mean that the Nigerian Police isn't capable of protecting the Nigerian citizens? Don’t get me wrong. The Nigerian Police is a superb force when it wants to work. Tell me, if a poor man and another poor man has a case, the Nigerian Police would not only conclude investigation on the case; they would charge them to court without wasting time. But when the case involves a poor man and a rich man (whahala), it would be in favour of the rich man. If it ever gets to court that means somebody somewhere is interested in the case. This is rare anyway. So that means different police for different category of citizens, but if the case involves politicians, this is a different story. The c

11 RIGHTS EVERY NIGERIAN SHOULD KNOW ABOUT Every Nigerian has rights, duties, liabilities and privileges, which are provided for in the hundreds of laws that exist in Nigeria. However, there are certain rights that basically trump all other ones. They are rights that are referred to as inalienable rights, rights for which the law has made specific and special provision. These rights are contained in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, and are officially known as Fundamental Rights. This article will explain what these key rights are, because every Nigerian really should know about these rights. 1. Right to Life This is the most important right of every Nigerian (and in fact every human being). The right that everyone has to ‘exist’, and no one can intentionally deprive a person of this right, either an individual or the Government, unless in the execution of a sentence of the court in respect of a criminal offence. In a nutshell, wh