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Ogam Solicitors A Lawyer, Wife and Mother. Disclaimer: This content is solely for Educational purposes.
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22/05/2026

.LEGAL IMPLICATIONS OF A POLICE OFFICER THREATENING TO KILL PEOPLE FOR RECORDING HIM

A viral video recently showed a police officer allegedly saying he would be ready to kill anyone who attempts to video-record him. In the same video, the officer also complained about poor treatment and welfare within the police system, using the popular expression:
“Monkey dey work, baboon dey chop.”

After the video went viral, another video surfaced where the officer reportedly apologized.

But what are the possible legal implications under Nigerian law?

1. THREAT TO LIFE
Under criminal law, threatening to kill another person may amount to:
-Criminal intimidation,
- Threatening violence, or
-Conduct likely to cause breach of peace.

Even where no actual killing occurred, the law may still take such statements seriously if they create fear or public panic.

A police officer is expected to protect lives and property, not issue threats against citizens.

2. PROFESSIONAL MISCONDUCT
The officer may also face:
- orderly room trial,
- disciplinary proceedings,
- suspension, or
- internal investigation by the police authorities.

This is because members of the police force are expected to maintain professionalism, discipline, and public confidence.

This is governed by rules of conduct and disciplinary regulations.

3. HUMAN RIGHTS CONCERNS
Citizens generally have constitutional rights including:
- freedom of expression, and
- the right to document public events, provided it does not obstruct lawful police duties.

If a person is unlawfully harassed, assaulted, or detained for recording police activities in a public place, such conduct may raise constitutional and human rights issues.

4. EFFECT OF THE APOLOGY
The later apology video may help to:
✔ reduce public tension,
✔ show remorse, and
✔ possibly mitigate disciplinary consequences.

However, apology alone does not automatically prevent investigation if authorities believe misconduct occurred.

SIMPLE LEGAL POINT:
In law, words can have consequences, especially when spoken by armed law enforcement officers entrusted with public safety.

IMPORTANT:
A viral video alone does not automatically establish criminal guilt. Any allegation must still be properly investigated and proven according to law.

In summary:
A police officer who publicly threatens violence may face possible criminal, disciplinary, and constitutional implications under Nigerian law, depending on the facts established through investigation.

⚖️ Public authority must always be exercised with restraint, professionalism, and respect for the rule of law.

What are your thoughts 💬

WHAT IS THE PUNISHMENT FOR CORRUPTION IN NIGERIA? Corruption is one of the most serious offences under Nigerian law beca...
22/05/2026

WHAT IS THE PUNISHMENT FOR CORRUPTION IN NIGERIA?

Corruption is one of the most serious offences under Nigerian law because it affects public trust, governance, and economic development.

In Nigeria, corruption-related offences may include:
- Bribery
- Abuse of office
- Diversion of public funds
- Fraudulent acquisition of property
- Money laundering
- Receiving gratification
- Official corruption by public officers

The punishment for corruption depends on:
✔ the nature of the offence,
✔ the law violated, and
✔ the facts of the particular case.

Punishment may include:

- Imprisonment
- Payment of fines
- Restitution of stolen funds or property
- Forfeiture of assets acquired through corruption
- Disqualification from holding public office in certain situations

Under the Criminal Law of Lagos State:
✔ A person convicted of corruption may face up to 7 years imprisonment.
✔ Collection or receiving of bribe may attract 2 years imprisonment or a fine of ₦360,000 or both.

SIMPLE SCENARIO:
If a government official diverts public money meant for road construction into a personal account, such a person may be investigated, prosecuted, and upon conviction:
✔ sentenced to prison,
✔ ordered to refund the money, and
✔ lose assets connected to the crime.

IMPORTANT:
Under Nigerian criminal law, corruption must still be proved in court with credible evidence. Mere allegation or public accusation alone does not amount to guilt.

Every accused person remains entitled to:
- presumption of innocence, and
- fair hearing under the Constitution.

-In summary:
The punishment for corruption in Nigeria may include imprisonment, fines, forfeiture of assets, restitution, and other legal consequences depending on the offence and applicable law.

Corruption weakens institutions, but accountability strengthens the rule of law.

BUSINESS OWNERS & STARTUPS IN NIGERIA Do you want to register your business or company with the Corporate Affairs Commis...
22/05/2026

BUSINESS OWNERS & STARTUPS IN NIGERIA

Do you want to register your business or company with the Corporate Affairs Commission (CAC) in Nigeria?

I am an accredited CAC agent in Nigeria, and I can help you with:

- Business Name Registration
- Company Registration (Ltd)
- NGO/Incorporated Trustee Registration
- CAC Status Report
- Change of Company Details
- Other CAC-related services

Affordable, Fast, reliable, and stress-free process.

Interested? Kindly send me a DM today and let’s get your business legally registered.

Ogams Solicitors

CAN A FATHER SELL HIS PROPERTY WITHOUT THE CONSENT OF HIS CHILDREN? WHAT DOES THE LAW SAY?Under Nigerian Law, a father w...
22/05/2026

CAN A FATHER SELL HIS PROPERTY WITHOUT THE CONSENT OF HIS CHILDREN? WHAT DOES THE LAW SAY?

Under Nigerian Law, a father who legally owns a property has the right to sell, transfer, or dispose of that property without first obtaining the consent of his children.

The general principle of law is simple:
He who owns a property has the right to deal with it as he pleases.

There is no law in Nigeria that automatically makes children co-owners of their father’s property simply because they are his children while the father is still alive.

The Supreme Court has consistently recognized the right of a property owner to freely deal with his property. Ownership gives the holder the power to sell, gift, lease, or transfer the property.

However, while the law may not require the consent of the children, wisdom and family harmony may require communication and understanding within the family. After all, children are often seen as future beneficiaries of family properties.

One important exception:
Where the property is a family property under customary law, or jointly owned property, the consent of principal family members may become necessary before a valid sale can take place.

So legally:
- A father can generally sell his personal property without his children’s consent.
But morally and for peace in the family:
- Carrying everyone along is often the wiser approach.

What’s your take on this? Should parents freely dispose of their property, or should children have a say in family assets?

WHAT IS CONTEMPT OF COURT? Many people believe contempt of court only happens when someone insults a Judge. But contempt...
21/05/2026

WHAT IS CONTEMPT OF COURT?

Many people believe contempt of court only happens when someone insults a Judge.

But contempt of court is much broader than that.

Meaning of Contempt of Court Contempt of court refers to any act or conduct that:
- disrespects the authority of the court,
- obstructs the administration of justice, or
- disobeys a lawful order of the court.

In simple terms, it is any behaviour capable of bringing the court into disrespect or interfering with judicial proceedings.

TYPES OF CONTEMPT OF COURT

1. Civil Contempt

This occurs when a person deliberately disobeys a court order.

Example: A court orders a tenant not to enter a property pending determination of a case, but the tenant forcefully returns to the property against the court’s directive.

That may amount to civil contempt.

2. Criminal Contempt

This involves acts that insult the court, disrupt proceedings, or interfere with justice.

Example: A person shouts at the Judge during proceedings, threatens witnesses, or publishes materials intended to prejudice an ongoing case.

That may amount to criminal contempt.

In Atake v. Attorney-General of the Federation the court emphasized the importance of protecting the dignity and authority of the judiciary.

CONTEMPT CAN HAPPEN:
✔ inside the courtroom, or
✔ outside the courtroom if the act affects the administration of justice.

Punishment for contempt may include: - fine,
- imprisonment, or
-other sanctions imposed by the court.

SIMPLE SCENARIO: If a person refuses to obey a valid court injunction and continues the prohibited act despite repeated warnings, the court may punish the person for contempt.

IMPORTANT: Criticizing a court judgment respectfully and legally is not automatically contempt. People still have the constitutional right to express opinions and challenge judgments through proper legal channels.

In summary: Contempt of court is any act that disrespects the court, obstructs justice, or disobeys lawful court orders.

The authority of the court is essential for the administration of justice and the rule of law.

WHAT IS AN ATTEMPT TO COMMIT AN OFFENCE? Under criminal law, a person may still be criminally liable even where the inte...
21/05/2026

WHAT IS AN ATTEMPT TO COMMIT AN OFFENCE?

Under criminal law, a person may still be criminally liable even where the intended offence was not successfully completed.

Meaning of Attempt An attempt to commit an offence occurs where a person:
- intends to commit a crime, and
- takes a direct step toward committing it, but the offence is not eventually completed.

In simple terms, the law punishes not only completed crimes, but also serious efforts made toward committing them.

For an act to amount to criminal attempt:
✔ there must be intention to commit the offence, and
✔ there must be an overt act or step toward carrying it out.

Mere thoughts or plans alone are usually not enough.

SIMPLE SCENARIO:
A man points a gun at another person and pulls the trigger intending to kill him, but the gun fails to fire.

Even though death did not occur, the man may still be guilty of attempted murder because he had:
- the intention to kill, and
- acted toward carrying out the offence.

In R v. Eagleton
the court explained that a criminal attempt begins when a person starts putting his criminal intention into ex*****on through overt acts.

Examples of criminal attempts may include:
✔ attempted murder,
✔ attempted robbery,
✔ attempted r**e, or
✔ attempted theft.

IMPORTANT: A person is not guilty of attempt merely because he discussed or imagined committing a crime. The law usually requires an actual step toward the commission of the offence.

Under Nigerian criminal law, attempt is punishable even where the main offence was not completed.

In summary: Attempt to commit an offence means taking deliberate steps toward committing a crime, even though the offence was not successfully completed.

The law intervenes not only after crimes are completed, but also when dangerous criminal acts have already begun.

CAN A LEGALLY MARRIED HUSBAND AND WIFE BE CHARGED FOR CONSPIRACY?Many people often ask:“If a legally married husband and...
21/05/2026

CAN A LEGALLY MARRIED HUSBAND AND WIFE BE CHARGED FOR CONSPIRACY?

Many people often ask:
“If a legally married husband and wife decide to commit an illegal act together, can they be charged for conspiracy?”

The answer under Nigerian law is quite interesting.

THE GENERAL RULE UNDER NIGERIAN LAW

Under Section 34 of the Criminal Code Act, a husband and wife who are married under a statutory marriage (Christian marriage) are generally not criminally liable for conspiracy between themselves alone.

This principle came from the old common law position that husband and wife are regarded as “one person” in the eyes of the law. Since conspiracy requires at least two separate persons, the law historically considered it impossible for only husband and wife to conspire together.

However, this protection is LIMITED and not absolute.

IMPORTANT EXCEPTIONS

1. WHERE A THIRD PERSON IS INVOLVED:
If the husband and wife agree with another person to commit an offence, the protection disappears.

Example:
A husband, wife, and their friend jointly plan internet fraud or kidnapping. In such a situation, all parties may be charged for conspiracy.

2. THE EXEMPTION APPLIES MAINLY TO STATUTORY MARRIAGE
The protection usually applies to marriages celebrated under the Marriage Act and may not apply to customary or Islamic marriages.

3. THE MARRIAGE MUST BE PROVED
The burden is on the accused persons to prove the existence of a valid statutory marriage before relying on the defence.

IMPORTANT LEGAL NOTE

One person alone cannot commit conspiracy. Conspiracy requires at least two guilty minds coming together toward an unlawful purpose.

As courts often state:
“Conspiracy is the meeting of two or more minds to do an unlawful act.”

THE BOTTOM LINE

Marriage does not automatically shield spouses from criminal responsibility. Once other persons are involved, or where the legal requirements of statutory marriage are absent, both husband and wife can still face criminal charges for conspiracy.

This post is for educational purposes only and does not constitute legal advice.

WHAT ARE THE GENERAL EXCEPTIONS IN CRIMINAL LAW?Not every act that appears to be a crime is punishable under the law. Th...
21/05/2026

WHAT ARE THE GENERAL EXCEPTIONS IN CRIMINAL LAW?

Not every act that appears to be a crime is punishable under the law. The law recognizes certain situations where a person may be excused or justified for an act that would ordinarily amount to an offence. These are known as General Exceptions.

Under Criminal Law, some examples include:

Infancy
A child may not be criminally liable where the law considers the child too young to form criminal intent.

Scenario:
A 6-year-old child mistakenly sets a neighbour’s property on fire while playing with matches. Although damage was caused, the law may not hold the child criminally responsible because the child is presumed incapable of forming criminal intent at that age.

Insanity
A person suffering from mental illness or natural mental infirmity may be exempted where they could not understand the nature of the act or that it was wrong.

Scenario:
A mentally ill man attacks someone during a severe psychotic episode believing the person was trying to kill him, when in reality no such danger existed. The court may excuse him if medical evidence proves he could not understand his actions.

Accident
Where an act occurs unintentionally during the lawful performance of a lawful act without criminal intention or negligence.

Scenario:
A driver carefully driving within speed limits suddenly loses control because a tyre unexpectedly bursts, leading to injury of a pedestrian. If there was no negligence, the act may be treated as an accident under the law.

Compulsion or Necessity
Where a person commits an act under immediate threat of death or grievous harm, or in order to avoid a greater danger.

Scenario:
Armed robbers force a bank employee at gunpoint to open a vault. Although the employee assisted in opening it, the law may excuse the act because it was done under immediate threat to life.

Judicial Acts
Acts done by judges, magistrates, or persons acting under lawful court authority.

Scenario:
A court bailiff lawfully seizes property under a valid court order. Even though the owner may feel deprived of the property, the bailiff is protected because the act was carried out under judicial authority.

The principle behind General Exceptions is simple: the law considers not only the act itself, but also the circumstances surrounding the act.

“Actus non facit reum nisi mens sit rea” — An act does not make a person guilty unless the mind is also guilty.

WHAT ARE THE RIGHT OF PRIVATE DEFENCE?One of the most important general exceptions is the Right of Private Defence.The l...
21/05/2026

WHAT ARE THE RIGHT OF PRIVATE DEFENCE?

One of the most important general exceptions is the Right of Private Defence.

The law recognizes that every person has the right to protect:
✔️ Himself or herself
✔️ Other persons
✔️ Property
from unlawful attack or aggression.
The law understands that in certain situations, immediate protection from law enforcement may not be available, and a person may need to defend himself using reasonable force.

KEY PRINCIPLES OF PRIVATE DEFENCE:

- Proportionality
The force used must be proportionate to the threat faced. The law does not permit excessive retaliation.

- Imminence
The danger must be immediate or reasonably apprehended. You cannot rely on private defence for revenge or a past attack.

- Defence of Property
Reasonable force may be used to protect property against theft, trespass, or unlawful destruction.

-Cessation
The right of private defence ends once the danger or attack has stopped.

The Right of Private Defence is a shield, not a sword.
It exists for protection, not retaliation or revenge.

Legal Authorities: ▪️ Sections 24–33 Criminal Code Act
▪️ Sections 59–67 Penal Code
▪️ Section 286 Criminal Code Act

The court will always examine whether the force used was reasonable based on the facts and circumstances of each case.

WHAT IS CRIMINAL CONSPIRACY & HOW CAN IT BE PROVED? Many people believe a person must physically commit a crime before t...
21/05/2026

WHAT IS CRIMINAL CONSPIRACY & HOW CAN IT BE PROVED?

Many people believe a person must physically commit a crime before the law can punish them. That is not always true. Under criminal law, once two or more persons agree to commit an unlawful act, the offence of criminal conspiracy may already be complete — even if the actual crime was never carried out.

WHAT IS CRIMINAL CONSPIRACY?

Criminal conspiracy is simply an agreement between two or more persons to commit an unlawful act, or to carry out a lawful act by unlawful means.

The famous locus classicus on conspiracy is the English case of Mulcahy v R where the court stated:

“A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.”

This principle has been accepted and applied in many common law jurisdictions, including Nigeria.

ONE PERSON ALONE CANNOT FORM A CONSPIRACY

Conspiracy is the coming together of at least two minds toward an unlawful purpose. Therefore, one person alone cannot ordinarily be charged or found guilty of conspiracy because there must be evidence of agreement between two or more persons.

The law focuses on the meeting of minds (consensus ad idem) to commit the unlawful act. Without participation or agreement from another person, the offence of conspiracy cannot stand.

HOW CAN CRIMINAL CONSPIRACY BE PROVED?

Conspiracy is usually secret. Criminals rarely sign agreements or hold public meetings to plan crimes. Because of this, the law allows conspiracy to be proved through circumstantial evidence.

The prosecution may prove conspiracy by showing:

- Communication between the parties
- Conduct suggesting a common plan
- Meetings, phone calls, messages, or coordinated actions
- Acts done in furtherance of the illegal objective
- Presence and participation before or after the crime

Nigerian courts have repeatedly held that conspiracy is mostly inferred from surrounding circumstances.

In Patrick Njovens v The State, the Supreme Court held that conspiracy is rarely proved by direct evidence because it is often hatched in secrecy, so the court can infer it from the acts of the accused persons.

IMPORTANT POINT TO NOTE

A person may be guilty of conspiracy even if:
X The main crime failed
X The accused did not personally carry out the act
X There was no written agreement

Once there is a meeting of minds toward an unlawful purpose, the offence may be established.

LEGAL LESSON: Be careful who you plan illegal activities with. In law, agreeing to commit a crime can be as dangerous as committing the crime itself.

⚖️DOES A MARRIAGE VALIDLY CELEBRATED IN NIGERIA APPLY IN ANOTHER COUNTRY? A common question people ask is:“If I marry un...
20/05/2026

⚖️DOES A MARRIAGE VALIDLY CELEBRATED IN NIGERIA APPLY IN ANOTHER COUNTRY?

A common question people ask is:

“If I marry under Nigerian law, will another country recognize my marriage?”

The answer is: YES — in many cases, a marriage legally celebrated in Nigeria can be recognized in another country. But it depends on the type of marriage and the laws of the foreign country involved.

UNDER NIGERIAN LAW

Nigeria recognizes different forms of marriage, including:

• Statutory Marriage under the Marriage Act
• Customary Marriage under Native Law and Custom
• Islamic Marriage

So when someone says they are married under “customary law” or “native law,” that marriage is valid in Nigeria once the requirements of the custom are fulfilled.

WILL ANOTHER COUNTRY ACCEPT IT?

Generally, many countries follow the principle of:

“A marriage valid where celebrated is valid everywhere.”

This principle is known in Private International Law as Lex Loci Celebrationis.

That means if the marriage was validly conducted in Nigeria according to Nigerian law, another country may recognize it.

However, recognition depends on:

- Whether the marriage was legally valid in Nigeria
-Whether it violates the public policy of the foreign country
-Whether proper evidence/documentation exists

EXAMPLE

If a Nigerian couple contracts a valid customary marriage in Nigeria and later relocates to the United Kingdom or Canada, the foreign country may recognize the marriage for purposes like:

• Immigration
• Spousal visa
• Inheritance
• Child custody
• Divorce proceedings

BUT…

Some countries may request:

-Marriage certificate
-Affidavit/evidence of customary marriage
-Proof that the custom was complied with

IMPORTANT WARNING

Not every foreign country automatically recognizes all forms of marriage.

For example: Polygamous customary marriages may not receive full recognition in some countries.
• A marriage that violates the laws of the foreign country may be rejected.

LEGAL AUTHORITY

The Nigerian courts have long recognized customary marriages as valid marriages once customary requirements are fulfilled.

See: Ogunmodede v. Thomas (1967) NWLR 281
Ezeanah v. Atta (2004) 7 NWLR (Pt. 873) 468

FINAL NOTE

Before relocating abroad, it is always wise to:

✔️ Properly document your marriage
✔️ Obtain certificates where possible
✔️ Consult a lawyer familiar with international family law

Because in law, a valid marriage is not just about culture or love — documentation and legal recognition matter greatly.

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