It is the season of the year when people let down their guards. YEJIDE GBENGA-OGUNDARE reviews simple acts that people engage in during celebrations that may earn them a criminal charge.
2024 is coming to an end and festivities for the yuletide have commenced across the nation. And as the holidays continue, students at all levels of education; universities, high school and elementary schools are home and majorly have free time and enjoy freedom from classes. Also, youths that are employed are on yuletide vacation and engaging in all forms of recreative activities.
While parents with younger children can occupy their wards, older students in high school, colleges and youths that have worked year-round are not easily controlled by pedestrian activities and will explore with their peers for their own entertainment. Often, it is a period to reconnect with old friends who don’t necessarily have the same academic or professional goals and orientation about life; this can lead to unexpected issues as engaging in some activities with them may lead to getting involved in crime.
Except one takes great care, some seemingly innocent activities which seem to be fun and mere entertainment, may lead to a criminal charge and the possible conviction at this period. For everyone, no amount of entertainment is worth risking one’s future especially students who just want to feel cool among their peers but may end up becoming criminals during the holiday break
There are many acts that must be avoided during this period in order not to be found culpable of committing a crime. Below are some of those acts:
Driving under the influence (DUI)
Driving under the influence (DUI), popularly known as Drunk Driving is common in the Nigerian society, especially during festivities and it is more prevalent amongst the younger generation and commercial drivers. Driving under the influence of alcohol is a serious offence that poses significant risks to public safety as a large percentage of the accidents that occur in Nigeria can rightly be ascribed to the drunken state of drivers. There are strict laws against drunk driving in Nigeria. It refers to the offence of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs to a level that renders the driver incapable of operating a motor vehicle safely.
In Nigeria, the primary legislation governing drunk driving is the Road Safety Commission Act which provides that it is an offense to operate a motor vehicle while under the influence of alcohol or any other intoxicating substance that impairs one’s ability to drive safely. The legal blood alcohol concentration (BAC) limit for drivers is set at 0.05g.
The consequences of drunk driving extend far beyond the immediate impact of an accident. If a driver is suspected of driving under the influence, law enforcement officers have the authority to stop and detain him/her for further investigation. This may involve conducting field sobriety tests and breathalyzer tests to determine the driver’s level of impairment and those found guilty of driving under the influence can face severe penalties, including fines, imprisonment or both. The specific penalties vary depending on the circumstances of the offence and whether it is a first-time or repeat offence.
Fines and Imprisonment: The fines for drunk driving can range from thousands to millions of Naira, depending on factors such as BAC level and previous convictions. Offenders may face imprisonment ranging from a few months to several years, depending on the severity of the offence and any previous convictions. By virtue of the Road Safety Act 2007, the prescribed punishment is a fine of N5,000.00 (Five thousand naira) or a term not exceeding two years or to both fine and imprisonment. For a student, this is hazardous to their future.
In addition to fines and imprisonment, offenders may have their driver’s licence suspended or revoked for a specified period. This serves as a deterrent and ensures that individuals who pose a risk to public safety are temporarily or permanently removed from the roads and in extreme cases; the vehicle used in the offence may be impounded by law enforcement authorities. A conviction for drunk driving in Nigeria results in a criminal record, which can have long-lasting consequences. This record can affect employment prospects, travel opportunities, and personal reputation.
To avoid the legal implications of driving under the influence, revelers are advised not to drink when they are driving; if one plans to consume alcohol, he should designate a sober driver to take him home or use public transportation services or ride-sharing apps to avoid driving under the influence.
Criminal Trespass
In Nigeria, criminal trespass is the act of entering or intruding on another person’s land without justification or warrant and it can be considered a misdemeanor and result in a prison sentence of up to one year. In criminal trespass, the person in possession of the land can sue for trespass, even if he is not the owner and the trespasser’s intent is not relevant, nor can he claim ignorance of the true owner. Also, entering land in a way that could cause a breach of peace, that is, forcible entry is also considered criminal trespass.
While it may be hard to believe, statistics reveal that college students are more liable for trespass usually because they are dared to do something to gain acceptance among peers. Also, criminal trespass involves ignoring no-trespassing signs posted on places as well as ignoring verbal commands to leave or stay off the premises.
Trespass to land, also called Trespass quare clausum fregit, is committed where the defendant, without lawful justification, enters upon land in the possession of the plaintiff, or remains upon such land, or directly places or projects any material object upon such land. It is an injury to or interference with possessory right or interest in land. It comprises any intentional or unintentional act which directly interferes with the plaintiff’s exclusive possession of land. It is further defined as a wrong committed against a person who is in exclusive possession of the land trespassed on.
The right to acquire and own land or immovable property anywhere in Nigeria is a fundamental right guaranteed in the Nigerian constitution. As a result of the right, a person is entitled to have and enjoy quiet possession of his land, and any interference with land in the possession of another is a trespass to land.
Essentially, trespass to land involves any direct interference with land in the possession of another person
As a general rule, trespass is usually a direct rather than a consequential interference with another person’s land. Any “indirect trespass” to a person’s land is often in the form of nuisance, especially private nuisance and the right of action is usually in the tort of nuisance. While any indirect interference which affects the general public is a public nuisance.
When a person abuses the purpose for which he has been permitted to be on a land, he becomes a trespasser ab initio. Thus, where a right to enter is abused it may be a trespass. Once the plaintiff is able to establish that the defendant unlawfully entered into his land or that while on the land he did things outside that which was lawful for him to do, he would be entitled to damages even though he has suffered no loss or injury. So people should watch where they enter in the name of entertainment.
Simple Assault
In Nigeria, simple assault is a misdemeanor offence that can result in up to one year in prison. The Criminal Code Act defines assault as the act of threatening or attempting to apply force, applying force through a bodily act or gesture or having the ability to carry out the threat or application of force. Section 355 of the Criminal Code Act in Nigeria makes provisions for this when it stipulates that any person who unlawfully assaults another and thereby does him harm, is guilty of a felony and is liable to imprisonment for three years.
Examples of assault include setting a dog on someone, spitting on someone, striking someone, pointing a gun at someone or threatening to shoot someone even with an unloaded gun. Assault is considered unlawful unless it is authorized, justified or excused by law. Also, battery is a type of assault that involves the use of physical force against someone without his/her consent. Depending on the severity of the offence, battery can result in jail time, fines, or probation.
Yuletide is the period people meet in places and hold discussions in public spaces with strangers; fights can start over different political views or values and one party finds it difficult to keep his temper, such a person may commit assault if he attempts to cause or intentionally, knowingly, or recklessly causes bodily injuries to another person or negligently causes bodily injury from another person with a deadly weapon. A person also commits simple assault if he puts another person in fear of imminent serious bodily injury.
While a threat itself doesn’t constitute a simple assault. A threat is only simple assault if the person is in a position to carry out the threat immediately and takes affirmative steps to do so.
Possession of illegal drugs and narcotics
In Nigeria, knowingly possessing or using drugs popularly known as cocaine, heroin or any other similar drugs by smoking inhaling or injecting the said drugs shall be guilty of an offence on conviction to imprisonment for a term not less than 15 years but not exceeding 25 years. At this period, it is important to watch what people around are using or what you are holding for them.
S3xual assault/rape
According to the provisions of the Violence Against Persons Prohibition (VAPP) Act, a person commits the offence of rape if he or she intentionally penetrates the vagina, anus, mouth of another person with any other part of his or her body or anything else or the other person does not consent to the penetration, the consent is obtained by force or means of threat or intimidation of any kind or by fear of harm or by means of false and fraudulent representation as to the nature of the act or the use of any substance or additive capable of taking away the will of such person or in the case of a married person, by impersonating his or her spouse.
A person convicted of an offence under sub-section (1) of this section is liable to imprisonment for life except where the offender is less than 14 years of age, the offender is liable to a maximum of 14 years imprisonment; in all other cases, to a minimum of 12 years imprisonment without an option of fine; or in the case of rape by a group of persons, the offenders are liable jointly to a minimum of 20 years imprisonment without an option of fine.
Reckless driving
Reckless driving is committed when a person drives his or her car “heedlessly, in willful or wanton disregard” of the rights of safety of others, in the manner that endangers or likely endangers a person or property. It is much more serious than careless driving and carries with a possible licence suspension. It is important to avoid car races at this period.
Abuse of naira
The legal implication of physically damaging the naira is a major offence now in Nigeria. Indeed, two celebrities were prosecuted for this by the Economic and Financial Crimes Commission (EFCC). The law prohibits what it terms abuse of naira; these include writing on the notes or crumpling them, spraying of naira notes, especially during celebration is a sure means of getting arrested especially if you throw naira notes in the air, step on them or paste them on other people while dancing at social events.
Sections 20 and 21 of the Central Bank of Nigeria Act became law in 2007. The law applies only to Nigeria’s currency, not to others. The aim was to stem the abuse of naira notes and coins and improve the lifespan of the notes, thereby reducing the cost of replacement to curb the norm of having Naira notes that are dirty and mutilated, which is not the case with other global currency.
The law prohibits soiling, spraying, dancing on, stamping, writing on, mutilating, diminishing, engraving, piercing, squeezing, tearing or stapling them as well as any other form of defacement.
The law says that any person convicted for the abuse of a naira note or who tampers with a coin or note is liable for imprisonment for a term not less than six months or to a fine not less than N50,000 or to both a fine and imprisonment. Don’t dance your way into prison through celebrations this season.
Other “simple” acts classified as offences under Nigerian law, include: tampering with telephone wires, threatening violence, obscene or indecent acts, insulting religious creed or inciting contempt of religious creed and sending dangerous or obscene things by post
The Miscellaneous Offences Act also covers;
*Willful destruction of public property: Any person who unlawfully or with intent to destroy or damage any public property removes, defaces or damages any public property shall be guilty of an offence and liable on conviction if the property in question is a building, structure, vehicle or thing whatsoever owned or occupied by the Government of the Federation, or of a State, local government, a department or statutory corporation of the Government of the Federation or of a State, to imprisonment for a term not exceeding fourteen years without the option of a fine or if the property in question is a railway line, electric power line, telephone line or a demarcation line on a public highway and the property is damaged or rendered dangerous, impassable or non-functional, to imprisonment for a term not exceeding 21 years without the option of a fine.
*Arson of public building: Any person who willfully or maliciously sets fire to any public building, dwelling house, office or structure whatsoever, whether completed or not, occupied or not; or any vessel, ship, aircraft, railway track or wagon, or vehicle; or any mine or the working, fittings, or appliances of a mine, shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life.
*Any person who willfully or maliciously sets fire to any stack of cultivated vegetable produce or mineral or vegetable fuel shall be guilty of an offence, and liable on conviction to imprisonment for a term not exceeding fourteen years without the option of a fine.
*Attempt to commit offence: Any person who attempts to commit any of the offences specified under this section shall be guilty of an offence and liable on conviction to the same punishment as prescribed for the offence. Where a person is charged with any of the offences specified under this section, but the evidence establishes an attempt to commit that offence, he may be convicted of having attempted to commit that offence although the attempt is not separately charge.
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