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Possession Of Pepper Spray Is Not An Offence In Nigeria

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With the recent rise in news reports of sexual assaults in different parts of the country, the time is ripe to reach deep into the inner recesses of the law to find, if any, possible lasting solutions to the menace.

In so doing, it is expedient to examine a seeming controversial position of the law on how rape victims can protect themselves in the face of sexual assaults.

The reasoning cannot be faulted at all. Every human has a right to protect his life in the most legal means. Self-help, self-protection or self-preservation, or whatever form it chooses to be called is legal. That much is clear.

As a result, to curb the increasing tide of rape, some women now arm their selves with pepper spray or other similar mixtures to fend off possible attackers/violators. However, this move is being resisted by some Policemen.

According to tweets credited to Assistant Commissioner of Police, Abayomi Shogunle, “being in possession of pepper spray” is considered an offence under Nigerian criminal laws by the Police. However, this view is unfounded in law.

The purpose of the highlighted parts of the provision of the law is not far-fetched.

In all legal systems, the doctrine of mens rea or mental element is encapsulated in the criminal law principle of “no liability without fault”.

According to the doctrine, no one should be convicted of a crime unless some measure of subjective fault is attributable to him.

Nigerian criminal law adopts this principle wholesale. Mens rea simply means a guilty mind or intent. That is to say, the state of mind that the accused person must possess at the time of performing whatever criminal conduct.

It has been long established that before an act could qualify as a crime, the perpetrator must have the guilty intent of doing that act.

It is this mens rea which seeks to fix the culpability of the offender. Apart from a minute number of crimes imposing strict liability on the offenders such that only the act would constitute the crime, it is the law that the mens rea – guilty intent – of the accused person must co-exist with the guilty act – actus reus. Anything short of that would not make an accused culpable.

Back to the cited provision of section 417 of the Criminal Code. Can it be said without any vestige of doubt that a lady who arms herself with a pepper spray does so “with an intent to break or enter a dwelling house, and to commit a felony therein”? The answer is an emphatic and resounding ‘no.’

So as not to be accused of advocating for crime since even the devil himself knoweth not the heart of man, we should reiterate that self-preservation is legal.

Even though pepper spray could easily fall under the category of ‘offensive weapon’ as defined under section 403B of Criminal Code, it is unassailable that the intent of carrying a pepper spray cannot by any stretch of the imagination be said to be for the purpose of committing a crime.

The raw data is available for anyone who wishes to look into. The major purpose of carrying pepper spray is solely for personal safety. It is designed to be carried to protect a person from potential attackers.

Even if ACP Abayomi or other Policemen were to rely on another statute, that is, the Public Order Act which seemingly gives the police a wide range of powers, including but not limited to, the power to nip a suspected crime in the bud by arresting people armed with offensive weapons who intend to breach the peace, in claiming that carrying of pepper spray amounts to an offence under the law, it must be stated that this statute cannot aid his view in this case.

We will still have to look at the intent of carrying the pepper spray: and having established that it is carried mostly for self-defence, that statute cannot help.

In addition, the provisions of the Public Order Act has been declared to be unconstitutional by the Court of Appeal in 2007, hence, no reliance can be placed on it.

The mere possession of pepper spray does not constitute an offence in Nigeria so long as it cannot be positively proved that a woman who carries it does so with the intent of committing a crime with it.

The duty of the Police is to enforce laws and not to make laws. The Police cannot also arrest anyone for an offence which does not exist or is unknown to law. It would be better if the use of pepper spray is regulated, rather than banned, as is done in the US.

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Senator Ifeanyi Ubah dies at 52

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The Senator representing Anambra South in the National Assembly, Ifeanyi Ubah, is dead.

Ubah, who was the Chief Executive Officer of Capital Oil, was said to have died in a hotel in London, the United Kingdom, on Saturday.

He would have been 53 on September 3.

Senate spokesperson, Yemi Adaramodu, confirmed Ubah’s death to our correspondent on Saturday.

He said, “It’s confirmed, but I am sending an official statement soon.”

Ubah, who was re-elected into the 10th Senate under the Young Peoples Party, had last year defected to the All Progressive Congress.

In September 2022, Ubah escaped assassination when he was attacked by gunmen on his way to Nnewi in Enugwu-Ukwu in Anambra State.

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JUST IN: Edo state Assembly impeaches Deputy Governor Shaibu

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The Edo State House of Assembly, on Monday, impeached the state’s Deputy governor, Comrade Philip Shaibu.

The impeachment followed the adoption of the report of the seven-man investigative panel set up by the Assembly to probe allegations of misconduct against Shaibu.

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JUST IN: Olubadan of Ibadanland, Oba Lekan Balogun joins ancestors at 81

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The Olubadan of Ibadanland, Oba Lekan Balogun has joined his ancestors after a brief illness.

He joined his ancestors at the age of 81.

It was gathered that the late monarch was taken to the hospital Wednesday morning having stayed indoor throughout Tuesday on account of slight malaria fever, though, he was hail and hearty on Monday during which he personally received few guests that paid him congratulatory visits on his second year anniversary on that day.

Making this announcement was the Baba-Kekere Olubadan and his younger brother, Dr Kola Balogun in a statement by the Personal Assistant (Media) to the late monarch, Oladele Ogunsola.

According to the statement, Dr. Balogun disclosed that Oba Balogun would be buried at his Aliiwo ancestral home by 4.00pm on Friday according to Islamic rites just as he said that the State Governor Seyi Makinde, though already verbally informed, would be formally notified early in the morning.

The late Olubadan was the first most educated to have emerged as Ibadan monarch, a British trained P.hd holder, a former university lecturer, former member of management staff of Shell British Petroleum, former gubernatorial candidate of the defunct Nigeria People’s Party, NPP, former Senator and a successful business man.

His last official outing was the Olubadan Advisory Council’s meeting which he presided over last Saturday where the decision to derobed Mogaji Akinsola, Olawale Oladoja was taken.

He however, on Tuesday instructed the Ekerin Olubadan, Oba Hamidu Ajibade to midwife a small committee to deliberate on last Friday’s decision on what should be the position of Ibadan Zone in the proposed newly reconstituted Oyo State Council of Obas and Chiefs.

The decision of the small committee was earlier on Thursday ratified by the Olubadan Advisory Council at a meeting presided over by Otun Olubadan and the former governor of Oyo State, High Chief Rashidi Ladoja and was to be taken to the late Oba Balogun for his signature Friday morning so as to meet the deadline for submission to the state Commissioner for Local Government and Chieftaincy Matters later in the day.

The late Olubadan is survived by wives, children and grandchildren.

Announcing the passage of the monarch, Governor Makinde, in a statement, stated that Olubadan, who joined his ancestors late Thursday evening at the University College Hospital, UCH, Ibadan, described him as an epitome of royal excellence and a great achiever, who made great marks on Ibadanland in just a little over two years of his reign.

He expressed his condolences to the Olubadan-in-Council, the Oyo State Traditional Council and the people of Ibadanland and Oyo State, praying to God to grant repose to the soul of the deceased monarch.

Makinde said: “With total submission to the will of God, I announce the passing unto glory of our father, His Imperial Majesty, Oba Dr. Mohood Lekan Balogun, Alli Okunmade II, the 42nd Olubadan of Ibadanland.

“A mighty Iroko has fallen; Oba Dr. Balogun has joined the ancestors.

“In Kabiyesi, Ibadanland had a cosmopolitan and well-experienced Olubadan, who made indelible marks on the sands of history and achieved greatly within a short while.

“On behalf of the Government and good People of Oyo State, I condole with the immediate family of the Oba Dr. Balogun, the Olubadan-in-Council, the Oyo State Traditional Council and the people of Ibadanland.

“It is my prayer that God grants repose to the soul of our late monarch.”

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Bodex F. Hungbo, SPMIIM is a multiple award-winning Nigerian Digital Media Practitioner, Digital Strategist, PR consultant, Brand and Event Expert, Tv Presenter, Tier-A Blogger/Influencer, and a top cobbler in Nigeria.

She has widespread experiences across different professions and skills, which includes experiences in; Marketing, Media, Broadcasting, Brand and Event Management, Administration and Management with prior stints at MTN, NAPIMS-NNPC, GLOBAL FLEET OIL AND GAS, LTV, Silverbird and a host of others

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