There is a very hot conversation about ENDSARS that I expected to have heard from brilliant lawyers here on Twitter but none of them, to the best of my knowledge, have yet to mention it.
Thread count: 23
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Thread count: 23
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It is law in the Public Order Act that the Governor has power to direct any meeting, procession or assembly and such will be deemed as unlawful if no licence, under any conditions as the Governor or any authorised superior police officer may see fit, has been obtained for such...
...activity.
Now, I'm not certain if the protest heads obtained a licence. Moreso, the Supreme Court has pronounced sections 1-4 of the aforesaid Act as unconstitutional, null and void in IGP v ANPP. Fortunately, these sections sre where the law requires a processions to be...
Now, I'm not certain if the protest heads obtained a licence. Moreso, the Supreme Court has pronounced sections 1-4 of the aforesaid Act as unconstitutional, null and void in IGP v ANPP. Fortunately, these sections sre where the law requires a processions to be...
lawful only when a licence has been obtained. What informed the Sc's decision is simple. S40 of the CFRN guarantees every person's right to freely and peacefully assemble and associate with and association for the protection of his interests.
So what's the problem then?
So what's the problem then?
The law sha says it's our rights, abi ki tun ni (or what then)?
All will have been well but sadly, the protest culminated in a full blown civil unrest; a riot, where thugs took the chance to demolish and even burn buildings and loot public property.
All will have been well but sadly, the protest culminated in a full blown civil unrest; a riot, where thugs took the chance to demolish and even burn buildings and loot public property.
And that is what constitutes a crime which could attract a jail term of up to life imprisonment under the law. In short, that's where the problem sets in for the ENDSARS campaign and the Law only concerning itself with what is rather than what ought to be, your emotions,
...they don't count for anything. The law is not concerned about whether the destruction of public properties and lootings and maiming of public officers out of spite for an entire institution or a segment of it, was the intendment of the campaign to begin with.
Therefore, the instigation of a riot that triggered the destruction of properties and loss of lives attract very stringent and “red-faced” laws which will automatically apply. There's no question of what was intended. In law, this is referred to as a ‘Strict Liability offence’.
Owing to the contravention of this law, any or all of the following may apply:
1. Any such persons nabbed after an officer—a magistrate or in his absence, any police officer above the rank of assistant superintendent, or any commissioned Armed forces officer has announced the dispersal of the crowd which is causing or about to cause a riot, such person...
...may be arrested without warrant and if such person resists arrest or tries to escape after being detained, the taking of such person's life in a bid to prevent the escape will not be deemed as an unlawful killing. See S33 (2) (b) CFRN 1999 (as amended).
2. In the process of forcefully dispersing the crowd after an announcement has been made to that effect and a reasonable time has been allowed to pass for the dispersal to occur, any lives taken will not be deemed as an unlawful killing if 12 people or more continue to riot.
See Section 73 of the Criminal Code (CC), S 47 of the Criminal Law of Lagos State, 2015 (CLLS), and S 33 (2)(c) of the CFRN supra
3. Whoever is arrested amongst the rioters whose activities resulted in the damaging or demolishing of buildings— like that of SanwoOlu's mother's house in Akerele was destroyed— and public transport systems, machinery or structure, such persons commit a felony.
Now, the effect of committing a felonious offence upon conviction is imprisonment for not less than 3 years and it'll affect your eligibility for certain public positions and may be a determining factor in your eligibility for acquiring a visa to certain countries.
More, such person is a criminal in the eyes of the law and will go by “previously convicted felon” or simply, “felon”. This means that such persons have done time in jail.
So, continuing from (3) above, such persons commit a felony and will each be liable on conviction (OC)
So, continuing from (3) above, such persons commit a felony and will each be liable on conviction (OC)
to imprisonment for life, under S76 of the Criminal Code and 7 years in the case of the Criminal Law of Lagos State—which applies particularly to all criminal activities/offences/punishments in Lagos.
a. 3 years jail term OC, where there's no damage but just a riot (CLLS & CC).
a. 3 years jail term OC, where there's no damage but just a riot (CLLS & CC).
b. 5 years jail term OC, where you still proceed with rioting after proclamation has been made to the effect of dispersal.
c. 10 years jail term OC, where you forcibly prevent or obstruct the making of the proclamation by any present officer (as defined in “1” above).
c. 10 years jail term OC, where you forcibly prevent or obstruct the making of the proclamation by any present officer (as defined in “1” above).
4. For the maiming of police officers, every single rioter in that vicinity will be liable and may be charged for the murder of such police officer, pursuant to section 16 (1) (a)-(d) of the CLLS.
In conclusion, this is a hard truth, but whosoever’s lives were abruptly cut short, in the process of dispersing the crowd at the ENDSARS protest by any officer, will not be deemed as unlawfully deprived of their lives. See S. 33 supra. You can hold anyone in contempt for...
...their unsympathetic comments of the death of those people's lives, God rest their souls, but you should know that this is the law.
Phew! This took more than energy to write, tbh. But yh, there you have it. Stop ignorantly blaming anyone. Who ordered the shooting is not the question the law is concerned about. The relevant question is, was it unlawful to use reasonable force, which could lead to dẹath,...
...for the purpose of suppressing a riot, insurrection or mutiny? The answers have been presented to you.
Jsyk, the US requires you to take a permit if your protest or march will lead to road blockage and if the crowd begins to act disorderly, you may be liable for a misdemeanor.
Jsyk, the US requires you to take a permit if your protest or march will lead to road blockage and if the crowd begins to act disorderly, you may be liable for a misdemeanor.
All mistakes are mine and the above is only meant to serve as an exposition and not as a replacement for legal consultation or public prosecution of any persons who are perceived as offenders.
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