The Constitution and me….

Law enforcers or ...

With the introduction of various legal policing units on the road such as lastma, VIO, in the market and on the road(kai) and the Abuja SURE-P, the Police and the likes of them. Most of you may be as confused as me, but one thing i have observed is that a good number if Nigerians have no idea of their legal rights. Democracy may be said to exist but basic freedoms we are born with are either submerged or exploited by some of these so called government bodies and officials put into power by those we trusted and voted into office.

Take for example the basic police check points in the country that vary from the unexplained & illegal points in the city both on major roads & even in traffic. These officials box-in cars in traffic knowing fully well they that such act can be said to be trespassing. 

This brings me back to those basic things we ought to know; so what are your rights when a police man stops your vehicle on the road either in motion or at a halt? Is he allowed to board your vehicle? Must you be obliged to submit to a stop & search? What are the implications to resisting? Do they have the right to board your vehicle without your permission? What documents must you have in your vehicle? What documents do they ask you to present that does not exist?

S. 214 of the 1999 constitution FRN made provision for the Police force and S. 4 of the Police Act provides that:  The police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly charged, and shall perform such military duties within or outside Nigeria as may be required of them by, or under the authority of this or any other Act.

The whole of chapter IV of the same constitution provides for basic right that each citizen have. That is, you do not have to pay for it, you don't have to bribe, or even work for it. These basic rights are for all and not a chosen few. These right vary from life, to human dignity, fair hearing, personal liberty etc ( let me know if you'd want a list of them) 

Now we must know that in detection and prevention of crime, the police have the right to stop and search anyone at any time, however please note:

YOUR RIGHTS 

- You have the right to remain silent. If you wish to exercise that right, say so out loud. 

- You have the right to refuse to consent to a search of yourself, your car or your home. 

- If you are not under arrest, you have the right to calmly leave. 

- You have the right to a lawyer if you are arrested. Ask for one immediately, and you can get one free of charge

- Regardless of your immigration or citizenship status, you have constitutional rights.

So I have had a few encounters with some of the policing units earlier mentioned, however I have picked the three scenarios that stood out for me

Scenario 1

I had just resumed law school and decided to stay off campus for a few weeks, this faithful morning the driver was taking me to Law School in Bwari. It was only about 8:30, already in Bwari town, from my sleep I heard a battalion of people screaming park there. So I got up, what's the problem I asked, they continued talking to the driver ignoring me totally. Can we see your particulars (lol), the driver gave them, your license, he handed that over now seeing that all was intact. The police man turned and said this is a company car, I replied him that it was my mum's company car, bizarrely he asked why didn't you tie a dustbin up at the back seat. Apparently it's a law that company cars, not buses should have a plastic bin and some other very silly things on the list he handed to me. It was at this point that I lost it, I came down from the car and said he needed to show me where in the constitution or any other Act that passed this law. Then he said he had to call his oga, who came running thinking they had found meat for the day,  he came & started quoting all the laws I knew, and knowing that I had barely started law school, my brain was oozing these sections. The man quickly asked, please are you a lawyer, I said yes and infant am ready to take this case to any length as his boys had kept me there for about an hour and I was late for my lectures in law school. Then speech changed, oh madam we are very sorry, you know these boys...excuses.com....

Then one of the boys murmured...all these lawyers self, trust me to reply, I said its not about lawyers but about knowledge. If I didn't know my right, these people were going to deflate the tyres if I didn't pay 15k fine on the spot. What sort of crime detection and prevention is this, this is the highest level of exploitation and taking advantage of those you are to protect. It made me sick to my stomach, although they let me go with an apology, but they had taken money from other road users who had no slightest clue what they ought to do or say.

To be continued....

I

 Strategy and Determination ...

Hello guys, so i finally get myself to start actual blogging and not lip blogging, that is procrastination and yea am working on that....wide grin.

I thought we should talk a little about determination and strategy, the two main ingredients for success. I have just been on holiday in Dubai.....and what can I say.....Wow! Before you all start waggling your tongues...yes I know it's man-made, yes I know some of you may say its artificial....blah blah blah.
Now lets be serious, why do you think God gives us certain talents? Think about it, how did we discover medications, injections and the ability to operate on humans and sow them back and they come to life and the problem is gone? All talents he has given to us are for our ease and good. On that note, let me tell you a short story, so my friend was having a baby, after being in labour for several hours in excruciating pain her self and her hubby decided against taking epidural on religious grounds, the pain got so bad I could only pray for her. After some hours i asked her, why she didn't want the epidural, and then the excuses came flooding in like a thief in the night. No Tayo, the bible


says am a hebrew woman, daughter if zion and I don't  need that and a lot more followed. the other excuse that stayed with me was, 'my mother had all her children without this'.  Don't get me wrong, am a very strong believer in God, however i believe that God has given each one a talent to say the least to make life easier for the world and everyone in it. Technology has advanced since the days our mothers were having us, God raises great new ideas in the heart of men everyday, so as to make life easier and more comfortable for you and I.

So whats wrong with God thinking, my daughters are in too much pain, let me give this idea to a group of people who will then find a way to make child delivery easy for them and wolaah! Epidural is delivered!!! Please let's not be ignorant to all these wonderful provisions from God, they are for us to enjoy. Well my friend took the epidural in the end and then we had a beautiful baby.


So there are different talents like I said, as well as interests. So I may have a voice for advocacy, then I study law. Over time after years of experience, I'd become an expert and then I can start using that voice, the talent and experience to defend people. Lawyers are not only there to defend, they are to re-instate peace and discipline - that's a talk for another post.

Back to the discussion on Dubai, on getting off the plane into the airport all I could see was discipline, planning, strategizing, courage and determination. Just 23 years, Who would have thought this land that was void and with no form (just as the bible recorded in Genesis)...hehe. And JUST 23yrs later take a look around, see what talents and expertise has built in that little space of time. This is a man made epitome of beauty...I was shocked beyond words to say the least, several question kept creeping in, how did they do this? how did they even dream of achieving this? Etc.

So an old friend of mine always say why dream at all if you cannot dream big....which now makes more sense to me. I can imagine the hurdles that these people must have overcome in developing such a spectacular work of art. Some may have even thought, building these skyscrapers is too hectic, why don't we just build some face me I face you and the job is done. We all know that it's easier to put up such structures unlike the work that goes into building what I call the architectural show of talent.


In essence guys, I just wish we have such zeal, passion and determination to press harder, to stand up for what we believe in. We have a lot of talent in our young people, however one thing I know is lacking is belief, but how can others believe you when you don't even have faith in your self. Trust me I need no soothsayer to tell a person who has little or no faith in themselves. So guys I want you to put on the arm our of faith, breast plate of steadfastness and grab your sword of determination.

Do you know that the world is waiting for you to exhibit that talent of yours, generations are depending on you and heaven is waiting to rejoice over you. Do something today....discover who you are....
Have a fab weekend guys
Xoxo

Make a Difference Now!

This is something that has been on my mind for some time now and as I discuss with my friend, Tayo on the issues that affect our Nation Nigeria, she wants me to be a contributor on this platform. I believe you have been challenged in the light of this topic at some point of your life. But I think that a lot is expected of the young people of this country to start contributing something that will affect this nation positively.

From different walk of life, profession, class and position,  we have witnessed (young)Nigerians, in many places around the world contributing to knowledge and economy of other nations and thereby becoming a name to reckon with in their field of expertise. These include, Chimamanda Adichie, Mikel Obi, Dbanj and many more. I mentioned these people because they have made a difference in their own field, with the talents that God has bestowed upon them. In the course of my studying and working abroad, I have met few guys with brilliant ideas and such who command respect from what they do and not only the negatieve story on Internet scam and such others that put many at bay. However, these fellow young guys have made up their mind to stay outside Africa (Nigeria inclusive) because they feel that life outside the shore of Africa is better and they can stay there and make a living.

Since I return to Nigeria, I have seen a lot of opportunities in different sectors in the country and thought of ways in which young people could be involved other than raining blames on the government. As the faith that young people have dwindles, I believe that few still remain who have unwavering passion and astute believe that things will definitely get better. I am a believer too and yes we can! My charge to every young person is that the future belongs to those who believe in the beauty of  their dreams. So if you have a dream and a talent, what are you waiting for? Start acting and move forward in the inner power and God's grace upon your life. Make a bold step and do allow anything or anyone put you down. You can do it, stop the procrastination and start acting my brother and sisters. Let us all join our hands together and start making a difference now! See you again soon :) 

Hello people! My name is Omotayo Jokosenumi, I am a qualified barrister specializing in Oil & Gas Law. This will be a platform to trash legal issues, as well as encourage one another on life general issues as we go along. There will be other qualified barristers in the house so please feel free to contribute, discuss pressing issues or raise interesting topics.

And yea...this isn't just a legal blog, we are here to generally educate one another.
Enjoy!