oluwafunmibifayemi's Blog

A lifestyle blog that gives you wings to soar under the strength of grace

TO WHAT EXTENT DO S. 271 AND 273 OF THE CRIMINAL CODE JUSTIFY HOMICIDE???? — August 4, 2016

TO WHAT EXTENT DO S. 271 AND 273 OF THE CRIMINAL CODE JUSTIFY HOMICIDE????

This is a post from a guest blogger whose personal information is at the end of the writeup for your suggestions and contributions.
Happy Reading!

Homicide is the killing of a human being. This could however be lawful or unlawful. It is the unlawful specie that the Criminal Code Act (Cap C38, LFN 2004) makes an offence in S. 306 generally while the lawful one is also given the force of law in some specified sections, e.g. S. 254 of the Criminal Code Act on the execution of court sentence. In the same vein, the 1999 constitution of the Federal Republic of Nigeria (as amended 2011) frowns at the violation of an individual’s fundamental right to life save in some exceptional circumstances which may justify such a violation. (See S. 33 of the 1999 Constitution, as amended 2011)
I am concerned in this article most especially with S. 33(2)(b) of the 1999 Constitution as it is from this section that S. 271 & 273 of the Criminal Code Act (which constitute the crux of this article) derive their existence and validity, the constitution being the grundnorm of Nigerian law. For purpose of convenience, the provisions of the aforementioned section of the Constitution are reproduced verbatim:
S. 33 –
(2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary:
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained
A detailed explanation paragraph (b) above is contained in Sections 271 and 273 of the Criminal Code Act. The provisions of both sections are supplied below.
S. 271 provides thus:
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 imprisonment for seven years or more, may kill him if he cannot by any means otherwise be arrested.
S. 273 provides:
When any person has lawfully arrested another person for an offence, it is lawful for him to use such force as he believes, on reasonable grounds to be necessary to prevent the escape or rescue of the person arrested.
But, if the offence is not one which is such that the offender may be arrested without warrant, this section shall not authorize the use of force which is intended or likely to cause death or grievous harm. Continue reading

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Teacher’s Joy — July 31, 2016

Teacher’s Joy

Hi everyone! Its really been a while. I’ve been on and off and inconsistent because of my busyness. Friday marks the end of the session in the High school I taught (worked) and I couldn’t be happier with my students’ results. What more could a teacher want than the joy of seeing his/her students excel?! When I started the vacation job with the school in the beginning of the term, a boy was brought into my class who could even hardly spell his own name *parental factor cos’ he was given double promotion even when they knew he couldn’t cope*. And I’ll stay extra hours with this boy doing private lessons, I’ll even beg him to do my assignments cos he wouldn’t do them, at a point I almost give up on him cos he just wasn’t improving but I couldn’t just give up cos I believe God to work on him so I’ll pray with & for him in addition to the teaching.
Just when everyone gave up on him, he started getting things gradually, he could write proper sentences and solve mathematical questions, he could interpret questions well. Wow! God worked on him… And when his results were collated, even the school management doubted his promotion but after checking it all through, he had above average which was the pass mark and my heart was filled with so much joy… God has done it again!
Though teaching ain’t an easy job but it sure teaches you more about life; Being responsible for younger ones, imparting knowledge, serving as role models, and so on.
As much as I’ll miss those kids, I also look forward to resuming back to my school for the final lap next week *smiles*, 500 level here I come!

Much Love,
Oluwafunmibi Fayemi

BLEEDING EDUCATIONAL SECTOR: OUR MINISTER OF EDUCATION IS ASLEEP — May 21, 2016

BLEEDING EDUCATIONAL SECTOR: OUR MINISTER OF EDUCATION IS ASLEEP

This is a special post considering I have a guess blogger penning down his thoughts on the education sector. He’s a friend I really respect and a visionary leader. Enjoy his writeup and I sincerely pray, one day, our heart desires will be granted in this nation…

BLEEDING EDUCATIONAL SECTOR: OUR MINISTER OF EDUCATION IS ASLEEP.
It is no more a news that our educational system is under attack and the minister in charge is sleeping ferociously. If he were to be at slumber, it could have been fair. But he is not just sleeping, he is also snoring at duty. 
Recently, several federal universities were on heat with vice chancellors giving Union leaders suspensions for fighting for their rights as a student. Most of the protests were due to occurrence of social injustice, monster welfarism, poor administration and management to mention but a few. Permit me to take you on a memory lane, in 2013, the Academic Staff Union of Universities embarked on a 6 month strike due to the same issues mention earlier yet the status quo has changed. 
I would like to advice the minister of education to wake up from his dream land and work towards a POSITIVE CHANGE in the educational sector before it gets out of hands. 
It should be underscored that the younger generation is the future of this country. They are the ones who will find the formula that will guarantee development process and stability both for themselves and future generation. Hence a need for rehabilitation of the educational sector to promote education rather than schooling.
I mentioned schooling earlier because education in this country is bleeding to death in spite the establishment of schools daily. This indicates that building of schools is not the solution to this problem. By observation, many have turned establishment of schools into a business which of course is profitable as people have been brainwashed that going to school is your ticket to harnessing a comfortable life. If going to school or building more schools is not the answer, then what is the answer? A question we must ask ourselves and strive to implement our various answers.
Here are my TO-DO List for the minister of education:
1) Go back to the drawing board and get a blue print of your vision for Nigeria’s educational sector.
2) Get an operational plan with time schedule for each the realization of each plans and put together the work team.
3) Mobilize resources both man power, financial and institutional. These can be gotten by partnership with private sectors.
4) Implement a change in curriculum, training and thinking as well as government procedures and priorities. Like the new economy itself, most of the tools are new and the necessary changes should be introduced to allow them to be used successfully.
5) Be aware that this age is the one of great ideas and innovation that produce outstanding projects and not one of filling minds with information.
6) Our younger generation should not only be taught the whole spectrum of available knowledge, they must acquire and master practical skills and competencies by working in companies and on projects as a first step towards establishing their own successful ventures. They should be given chance to interact with the business community and market, enabling them to develop and enrich our national economy.
I would like to stop here for now but the main thing is timely implementation and formulation of policies that will develop education sector. Inside every Nigerian is a gold mine, good, right and quality education is needed to dig it out.

Oni Babajide David (OBD),
Agrocapitalism Initiative (AcI)
#progressivenigeria

Teaching ain’t what it looks like — May 11, 2016

Teaching ain’t what it looks like

“Being a teacher is quite easy”, did I hear someone say that?! Guess No. I decided to work during this break so I applied as a teacher in an high school where I was assigned to Basic 7 & 8. Trust me, it ain’t easy. I even had to take Work home during weekend *which I hate* to write my lesson notes.
I started last week Monday and hasn’t beaten anyone until today *wasn’t my fault* Some boys decided not to do their assignment.
But, the feeling has been fulfilling. Knowing I’m contributing to the foundation of a younger generation. . .

Officially a 500level Student! — March 20, 2016

Officially a 500level Student!

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Its all about God!

Wooh! Oooh! Guess who’s in her Finals/500level?! You just guessed right, Yeah! This Diva! Me!
Finally, after series of demanding academic obligations, I eventually did my last year4 exam yesterday. I shoulda posted this earlier but I’ve been sleeping and I guess I still need some more but I feel a lot better now.
I can’t but thank God because it has always been about him, what and where will I be without the love of my heavenly Father?! I humbly bless his holy name.
And I honestly appreciate my Mum, Siblings and Friends for the support so far. Thanks for being part of those who moulded me. I feel so blessed to have you all.
I got a gift *book* for myself yesterday “WHY ‘A’ STUDENTS WORK FOR ‘C’ STUDENTS AND ‘B’ STUDENTS WORK FOR THE GOVERNMENT – ROBERT T. KIYOSAKI”. I’m sure I’ll love it.

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The Award

And guess who bagged the award for the Most Social Female for my Class at our Class Dinner?! You’re so good cos you just got it, ME!
Well, I’ll be back online again and I now have more time to read my books. I’ve not read any since the beginning of this month cos of my exams though.
I really love you guys! *hugs*

500 level Almost Here! — March 7, 2016

500 level Almost Here!

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In A Week's time, I'll be in 500 level

Just left the reading room where I’ve been since yesterday preparing for the papers I have today and I realised I’m almost in my finals. Entering year 5 ain’t beans but the truth is it has been God all the way. Through it all, he has been my strength, shield, provider, protector, guardian, lover and a great father.
As I start my exams today, I look forward to my best results yet because I know my best days as an undergraduate are yet to come for my path will keep getting brighter and brighter until the day of perfection. I trust God to take care of me!

Year 4 — April 22, 2015

Year 4

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I’m so excited I’ll finish my exams tomorrow. My last paper for year 3 is by 8:00am and I feel so excited. I’m amazed by how time flies and when I remembered how and when I started I laugh at myself for how green and naive I was then.
Suddenly, I wish I’m taking a 4year course so that means I’ll finish next session but my course is 5years **shrugs** what can I do??! But all the same I’m glad year 3 will soon be over because it was one hell of a session. I had classes Monday to Thursday from 9am – 6pm except on Wednesday 10am – 6pm, Had loads of assignments and reports, burnt so much candles & calories. . . But in the end I BLESS GOD cos this semester will be my BEST semester yet. . . till tomorrow!
Ciao! Continue reading

Examination! — March 31, 2015

Examination!

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I’m starting my exams today and I feel so much like a Victor *conqueror*, maybe because I know it ain’t just about what my fragile body and brain can do but what Jesus has paid for. . .

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My confessions for this period;
I am a child of God that has the anointing of the holy one therefore I know all things. All things work together for my good in this season. The holy spirit teaches me all things and brings to my remembrance all that I’ve read and been taught. I have not been given the spirit of fear but of power, love and sound mind. Continue reading