oluwafunmibifayemi's Blog

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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

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

CHANGE! — April 1, 2015
PRAYER — January 27, 2015

PRAYER

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Who else can we look up to?
If not to you our heavenly father
To you we present our father’s land
A land gracefully endowed
To replenish and have the good things of life.
Dear God, even with all you’ve bestowed on this land
Some important things are still amiss,
The masses are suffering,
The land has been soiled with innocent bloods,
There ain’t peace of mind in the country,
The leaders of tomorrow has been deprived of their hopes,
And there is a lot of chaos everywhere.
To thee Lord we present our Nation
That you intervene and bring peace to our perplexed minds
We pray for good leadership
And we look up to you for the heavenly
Spirit of love, unity and harmony.
We need your divine wisdom and understanding
To communicate within ourselves,
We prithee that you reign in this Nation
Bless our land and bring everything to order.
We seek your mercy and grace.

Who is fooling who?! — January 20, 2015

Who is fooling who?!

Yesterday I had a discussion with couple of friends about the present state of Nigeria politics, about the forthcoming election and what to look out for especially for the presidential election. I’ve been ruminating so much on the discussion that I feel I just have to pen my opinions down, actually I ain’t seeing much difference between the two aspiring candidates because they are both after the same thing and I believe they’ll definitely say and do things in order to have their way… But something amazes me,the refusal of the masses to see these callous people (the politicians) are using them to have their own selfish way because I can’t imagine why it will only be during campaign period you see the politicians give out things to the masses in a bid to win their favour and luckily for them the masses also sees it as a way of getting their share of the NATIONAL CAKE (as it is said). . . #smh!
The question is who is fooling who?! The politicians bribing their way in or the masses fooling themselves by selling their voices and rights for some couple of goodies. . .
I’ve seen a lot of news trend,politicians blackmailing each other and everybody is screaming for CHANGE! Yes change is the word but is it really what we are prepared for? Left to me I’ll go for REVOLUTION because I feel these whole power thing has been run by same set of people who just don’t want to give in for the real change agent and I really wish MY people of this great nation will stand on their feet to defend their integrity and raise their voices like the sons of the land not shy out and continue to be used as slaves.
To most youths,remember the people who promised you this and that just to have you fight for their cause have their own kids protected out of the country, you don’t have to get yourself fooled by these people. You know what is right and what you want, you know where your heart leads you. Don’t allow your vote to be bought because that’s the only right you have to choose what you want, your vote is the voice you have to speak your mind.
Stop fooling around and support a peaceful,free and fair election.

#Oluwafunmibi