IS THERE ANY BANKRUPTCY LAW OR COURT IN NIGERIA? IF THERE IS, IS IT FUNCTIONING AT ALL? Wally Adesia Joseph to Joseph Fagbola on the extra judicial death of Tunde Oke Pa Joseph Fagbola, you must have read in the news about a young man Tunde Oke who was killed in police custody few days ago. Tunde was said to owed his bank N1.2m which he denied, he was forced to pay N600,000 and the bank become impatient, get him arrested where he was beaten to death. Very sad....Pa Joseph Fagbola, Tunde could have filed for bankruptcy and get the bank of his back and still living with his wife and kids now. Please tell me Daddy, is there any bankruptcy law or court in Nigeria? If there is, is it functioning at all? Common man is suffering in Nigeria while our Leaders are carting away $$$$$$$$ away everyday. Please educate me here. Joseph Fagbola I read about the unfortunate death of Babatunde Oke who had to die in Police custody for an alleged involvement in bank fraud for a sum of N1.2 million. I said this is unfortunate because at worst, Mr Oke could have been a hungry pickpocketer, compared to Cecelia Ibru, and Akingbola who defrauded depositors to the tune of billions and billions of Naira. They are still living and that is the paradox of the Nigerian situation. You will recall the case of a man who stole N50000 mobile phone of Gov Rauf Aregbesola and he was sent to a term of 45 years imprisonment. I have reproduced here my comment on this particular case which to me is part of the effect of break down of the administration of the criminal justice system which every Tom, Dick and Harry is taking advantage of to commit incessant atrocity, barbarism and extra-judicial killing. Please read it and below, I have distinguished for you the difference between fraud which is what was alleged to have happened here, and bankruptcy BAD POLICING AND POOR DEFENCE LAWYERING This is high-handedness on the part of Nigeria Police. After all, committing fraud under Sections 391-400 of the Criminal Code is analogous to stealing and stealing is a bailable offence. Why would they refuse to do that. With due respect, I also blame the defence lawyer for poor defence job as he should have insisted that the suspect be arraigned before the court where he should have requested for his bail Going to your point, a bankrupt is a who has become unable to pay for his debt and whose property is divided by court order , among his creditors. There is law of bankruptcy in the common law, in Nigeria as well as in the US. A bankrupt is not a criminal and a criminal cannot file for bankruptcy, anywhere , otherwise fraudulent people would not be serving time in US at all. What you want to consider is that the law of America tends to side more with the defendant than the plaintiff. Anyway that is not much relevant here and could be discussed at another time On the other hand, Chapter 35 of the Criminal Code starting from Section 391-400, describes fraud as an offence analogous to stealing. This makes it different far away from the law of bankruptcy, which is a different kettle of fish here altogether. Sections 7-10 also deal with parties to an offence. Since the paper said Oke was involved in the fraud, I want to safely assume he is a Party to the alleged crime in which case, he could be the principal or one of the principal offenders, according to Section 7 He could have done this by forming a common intention along with others -Section 8; if he counsels the commission of the fraud he could be charged under section 9 while he could be an accessory under section 10 The essence of my explanation is that Bankruptcy law is no extenuating circumstance to exculpate Oke for fraudulent involvement. But he could not have been held by the police for more than 24 hours , without being charged to court as stipulated by Section 36 of our Constitution. LIKE facebook/parrotafricaherald PAGE, IF U HAVE NOT DONE THAT ALREADY. FEEL FREE TO TAG YOURSELF ******************** REPORT ANY SUSPICIOUS ACTIVITY TO THE LAW ENFORCEMENT AGENCY, AS THAT WILL SAVE LIVES. SHARE/TAG YOUR FRIENDS!!! JOIN NIGERIAS FIRST PARROT THEM PAGE
Posted on: Mon, 24 Feb 2014 06:21:21 +0000
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