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Prof. Mike Ozekhome writes on ‘The Brouhaha about the Trial of Minors’

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Was it right to try minors for waving the national flags of other countries? Was this an act that constitutes a criminal offence? Was there mens rea (intention) and actus reus (physical consummation of the intention)? These are some of the questions generated by the recent arraignment of minors that rightly generated national ruckus. Let us briefly interrogate these questions.

Treason is defined in section 410 of the Penal Code as “levying war against the State” with the intention of “over-awing the (President)”. It is punishable with death. Treasonable felony (or “crimes”), on the other hand (as defined in section 412 of the Penal Code), manifests in, amongst others, an overt act done with the intention of either compelling the government to effect a change of policy, to intimidate, or to overawe the Legislature or to instigate a foreigner to invade Nigeria. It is punishable with life imprisonment.

It must be noted that while the Penal Code applies in the Northern part of Nigeria, the Criminal Code (and it’s variants) applies in the South. Provisions similar to those under the Penal Code also exist in the South

It appears to me too far-fetched to charge a person with treason simply for merely waving a foreign flag in Nigeria, without more. There must be something overt, capable of igniting the intention, otherwise it will amount to criminalising a person’s right to freedom of speech and expression which is guaranteed under the 1999 Constitution. Instigating our military (or that of another country) to overthrow the government would clearly constitute such an act; but nothing of the sort was shown in the case of the minors.

It must be pointed out that no law prohibits the prosecution of a person for violating any law – including treason or treasonable felony – unless he or she is less than 7 years old or if, between the ages of 7 and 12, he lacks the requisite maturity and capacity to understand the nature and consequences of his or her acts. See Section 50 of the Penal Code.

Subject to such express exceptions provided, such a person of less than 18 years of age should only be arraigned before a Family Court established under the Child Rights Act or Law (defined as a High Court judge or Magistrate sitting with 2 assessors); but certainly not while they are exercising their regular jurisdiction. All persons except court staff, the accused, their counsel and family members are excluded from such proceedings under sections 149, 150, 151, 152 and 162 of the Child Rights Act which is in force in Abuja. Similar provisions exist in the Child Rights Laws of various States that have domesticated the Act.

It therefore follows that the Police should have charged the ‘underage’ defendants in either Kaduna or Kano under the relevant laws of those States instead of dragging them to Abuja. The trial in Abuja was farcical and contrary to law. It was right and proper that same was discontinued.

Prof Mike Ozekhome, SAN,CON, OFR is a foremost Nigerian lawyer and human rights advocate.

 

 

 

 

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Experts raise alarm on Shawarma, Cancer, Kidney Disease

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Health professionals have warned that regular consumption of shawarma containing high amounts of salt, sugar, fat, seasoning and processed meat may contribute to hypertension, obesity, diabetes and kidney disease.

Excessive salt can raise blood pressure and put additional strain on the kidneys, while high-calorie sauces may contribute to weight gain.

Nutrition experts advised Nigerians to eat shawarma in moderation, use less mayonnaise and other sauces, choose lean grilled meat and add more vegetables. Consumers were also urged to check vendors’ cleanliness and avoid food prepared where ingredients are exposed to flies, dust or poor handling.

 

A recent report by experts also warned that frequent consumption of Shawarma may increase the risk of other food-borne infections and long-term health problems.

The report contains documented cases of people who suffered vomiting, diarrhoea, stomach pain and weakness after eating shawarma, with some requiring hospital treatment.

According to the report,  poor hygiene could allow bacteria and other contaminants into shawarma, causing illnesses including cholera, dysentery, typhoid and salmonellosis.

It also raised concerns about mayonnaise and creamy sauces kept without proper refrigeration and warned that poor storage could encourage bacterial growth and increase the risk of food poisoning.

A study cited in the report found bacterial contamination in ready-to-eat shawarma sold on the streets

Experts also raised concerns about processed meat such as sausage, noting that the International Agency for Research on Cancer classifies processed meat as carcinogenic to humans.

 

 

 

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Phone communication exposes married woman in the case of Abuja resident who died in a hotel

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The mystery surrounding the death of a man whose body was found by the roadside in Abuja has taken a new turn, with police tracing the case through his missing mobile phone to a married woman who allegedly spent time with him at a hotel.

The FCT Commissioner of Police, Mohammed Sanusi, disclosed this on Saturday in Abuja, saying investigators arrested Rukayat Muhammed after tracing the deceased’s final communications.

The man was found dead on August 26 along the Kubwa Expressway, near Katampe under the bridge, after his family had earlier reported him missing.

According to the police, the case initially raised suspicion of a possible “one chance” incident. Investigators, however, established that the dead man was the missing person after identifying his remains.

Sanusi said the deceased’s mobile phone was missing and had been switched off. Police investigators subsequently traced his last known communication, leading them to Rukayat, a resident of Garki Area 2.

Investigators reportedly discovered that Rukayat, who is married, was allegedly in a romantic relationship with the deceased. The police said she had saved his contact under the name “Safiyat.”

The CP said the pair had lodged at Good Samaritan Guest House on 2nd Avenue, Gwarinpa, where the man later died.

Sanusi said Rukayat allegedly discovered that the man was no longer breathing but failed to alert the police or hotel management. Instead, she allegedly took his phone and left the hotel.

The case took another turn when hotel management later discovered the man’s body inside the room after attempts to contact the occupants failed.

Rather than reporting the discovery, two hotel staff members, Ibrahim Omeiza and Kefat Bitrus, allegedly removed the body from the room and transported it to the Kubwa Expressway, where they dumped it under the Katampe bridge.

The police said the action was apparently intended to distance the hotel and its management from the death.

Sanusi said detectives were still working to establish exactly how the man died and determine the individual roles of those connected to the incident.

He warned that anyone found to have participated in the death, concealment or abandonment of the body would face prosecution.

The commissioner said the investigation remains ongoing.

 

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Enugu State govt suspends monarch for hosting Peter Obi

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The Enugu State Government has suspended His Royal Majesty, Igwe Eze William Ezugwu, the traditional ruler of Ibagwa Ogbozalla Opi Autonomous Community, in Nsukka Local Government Area of Enugu state.

The state government accused Igwe Ezugwu of violating provisions of the state’s Traditional Rulers Law.

In a letter of suspension dated September 24, the Enugu State Government cited his alleged failure to constitute his cabinet, failure to establish a Town Union governing body, and persistent conduct deemed inconsistent with the laws governing traditional rulers in the state.

The suspension comes barely three weeks after Igwe William Ezugwu received NDC presidential candidate Peter Obi at his palace in Opi, Nsukka LGA, where he reportedly blessed Obi’s presidential ambition.

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