ARTICLE WRITTEN BY ONYIA EMEKA HARFORD TITLED: “IS MARRIAGE A RIGHT, AN OBLIGATION OR A CHOICE UNDER NIGERIAN CONSTITUTION”

Subject to provisions of customary imposition to sections of Nigerian Constitution; marriage becomes an obligation to certain communities, which is not binding to the entire society and when being judged by English/statutory laws as stipulates in Acts of marriage of Nigerian constitution; the persons indulging in some certain acts under customary laws are breaking statutory laws of Nigerian constitution. For example, the customary laws stipulates according to the tribes in Nigeria, that the age limits permitted for marriage varies according to customary  section 3(1) of the law which says that marriage between or in respect of persons under the age of 16 years shall be void. And it is an offense to give, confer or procure from any person any property or benefit in relation to such void marriage.

Therefore, though in some customary tribes in the middle Belt  of Nigeria, IDOMA TRIBE AND TIV tribes of Benue state stipulates for girls as follows: TIV tribe gives girls in marriage at  age of puberty while IDOMA tribe gives girls in marriage at age of fourteen (14) years which is still against the statutory age by Nigerian constitution under marriage acts, according to acts of Marriage section 48 of Nigerian constitution which stipulates that the age limit for giving out girls to marriage is 21 years and any person found guilty of such Act is punishable by 2 years imprisonment. We should also note that all obligation laws ends in customary law and will not extend to statutory laws on marriage which is the main base of discussion. The statutory laws of Nigerian constitution under marriage acts starts from  chapter 218 laws of the federation of Nigeria 1990 section 1 to section 55, which also helps to explain the limitations of custom to original English/statutory law of the federation as well as punishment for breaking such marriage acts.

Now, in section 44 of the same marriage acts, states that any person that obtains any property or use any persons’ name in marriage in order to deceive such a person to marry by pretense is committing felony and liable to 5 years imprisonment:

SECTION 44

                “Whoever personates any other person in marriage

                Or marries under a false name or description, with

                Intent to deceive the other party to marriage, shall

Be liable to imprisonment for five years”

This is why marriage is not absolutely obligation to detriment of custom but a right to the person and should be exercised to meet up with the societal ethics and values as stipulated by law. Marriage is not imposing law but a permissive law that should be exercised in accordance with requirements by constitutional law.

Now, what makes marriage a right?  Just as we said earlier, one party should not impose it on another party to get married to a particular persons or forceful marriage which is against the law. Though some customs practice it under tradition and customary law; but when measured with statutory law; it is an offense, especially when the persons in quote are girls of under 21years who is still recognized as a minor in Nigerian constitution according to section 48 of Marriage Acts.

SECTION 48

                “Whoever, knowing that written consent

Required by this Act has not been obtained

Shall marry or assist or procure any other

Person to a minor under the age of  twenty-one

Years, not being a widow or widower shall be

Liable to imprisonment for two years”

One can see that the person infuriating such act is liable to imprisonment for two years. Now, what makes marriage a choice or permissive Acts? Just as section 37 of Nigerian constitution stipulates right to privacy which government must protect:

Section 37 Of Nigeria Constitution

37.“The privacy of citizens, their homes,

correspondence, telephone conversations

and telegraphic communications is

hereby guaranteed and protected.”

Marriage I came to understand is a privacy; which the person in quote has the absolute right to decide what, when and how he wants to go about it. And that is why, it is absolutely dangerous to trade on this ground or perpetrate or trespass injustice to someone’s right to privacy. According to section 44 of marriage Acts in Nigerian constitution which we mentioned above that stipulates the punishment to personating a person’s marriage and section 47 completes the story:

SECTION 47

                “Whoever contract a marriage under provisions

                Of this Act, or any modification or re-enactment

                Thereof, being at the time married in accordance

                With customary law to any person other than the

Person with whom such marriage is contracted,

Shall be liable to imprisonment for five year”

We can see the limitations of Customary law to the constitution, they are not what the custom said and believe but what does the constitution said about them, in case a third party sues you for such offenses? Now, just as marriage is a permissive will and a choice to make, it also has limitations to choices according to marriage Acts in Nigerian constitution. Some marriages are void of Nigerian law just as it is welcomed in other countries like Europe and United State. As you are making these rights choices; never you dabble into Gay marriage because the punishment had been stipulated while you are still in Nigeria according to sections 214 to 217 of Nigerian constitution which is punishable by 14 years imprisonment as stated under:

SECTION 214

                214         “Any person who

                                (a)          have carnal knowledge of any person

                                                Against the order of nature or

                                (c)           Permits a male person to have carnal

                                                Knowledge of him or her against the

                                                Order of nature

                Is guilty of felony and liable to imprisonment for fourteen years.

SECTION 215

         215                “Any person who attempts to commit any

                                of the offense defined in the last preceding section

                                is guilty of a felony and is liable to imprisonment

                                seven years. The offender cannot be arrested

without warrant

SECTION 217

       217                  “Any male person who whether in public or

                                Private, commits any act of gross indecency

                                With another male person, or procure another

                                Male person to commit any act of gross

indecency with him, or attempt to procure

the commission of any such act by any male

person with himself or with another male

person whether in the public or private is

guilty of felony and liable to 3 years

imprisonment”

More over the origin of the newly above amended laws is from the marriage Acts of Section 45 and 46 of Nigerian Constitution:

SECTION 45

                “Whoever goes through the Ceremony of

Marriage, or any ceremony which he or

she represents to be a Ceremony of

marriage, knowing that the marriage is void

on the marriage ground, and that the other

person believe it to be valid, shall be liable to

imprisonment for five years”

SECTION 46

                “And whoever contracts a marriage under the provisions

                Of this act, or any modification or re-enactment thereof

                Being at the time married in accordance with customary

                Law to any person other than the person with whom, such

                Marriage is contracted, shall be liable to imprisonment

                For five years”

So in conclusion, we can say that Marriage is legal institution established by God to man; which must be handled and treated as stipulated in the constitution of nations as highest sovereign authority that God’s public servants according to Holy Bible book of Romans 13:1-7 which are the governments of the nations use to administer justice by punishing offenders or law breakers. So marriage can be said to be a right choice to make according to legal law of the constitution and not an   obligation towards community or family. Though still an obligation to God but with a permissive will when you are led to do it.

WRITTEN BY

ONYIA EMEKA HEATH

+2348186388641

HUMAN RIGHT ARTICLE WRITTEN BY ONYIA EMEKA HARFORD TITLED: HOW THE INNOCENT NIGERIAN CITIZENS CAN BECOME VICTIMS OF FELONY OF STEALING BY TRICK

We are in a country where getting rich is the system, notion and logo of everybody. And as a result a lot crimes are being infuriated and perpetrated; whereby, the innocent ones ends up being the guilty of the felony perpetrated by criminals. This forms the basis for the article.

Nigerian Law is very simple and straight forward to understand and abide with. Whereby if one cannot adhere to these rules written in the constitution even as a learned person, the person must expect the written punishment specified to each felony in the sections of the crimes.

Now, my commentary goes to stealing by trick as law which comprises the following:

(1)       Personating               -           SECTION 484 of Nigerian Constitution

(2)       Pretense                     -           SECTION 419 (A &B) of Nigerian Constitution

(3)       Forgery                       -           SECTION 467 of Nigerian Constitution

The above sections remains the major sections in Nigerian constitution for criminals and perpetrators to easily operate from, but before we proceed let take the definition of each of the crimes according to their sections to know the height  and gravity of these crimes as it relates to stealing by trick.:

Personating in Nigerian Law is a type of stealing by trick which involves obtaining something with someone’s name or document or on behalf of somebody without legal permission, to worsen the matter when the thing obtained in this regard according to the section is not appropriately delivered to the person in quote, it becomes a felony which punishable according to section 484 of Nigerian constitution with 14 years imprisonment:

            chapter 46 section 484

“Any person who, with intent to defraud any person,

falsely represents himself to be some other person,

living or dead, is guilty of a felony, and is liable to

imprisonment for three years. If the representation is

that the offender is a person entitled by will or operation

of law to any specific property and he commits the

offence to obtain such property or possession thereof,

he is liable to imprisonment for fourteen years.”

Personating is illegal misrepresentation.

Pretense on the other hand is also stealing by trick whereby one disguises him/her self to obtain something or induces someone to deliver a thing which is meant for a purpose in disguised. It is an offense punishable by section 419 Subsection A and B of Nigerian constitution as specified below:

“419A.  (1)          Any person who by any false pretence or by means of

any other fraud obtains credit for himself or any

other person-

(a)            in incurring any debt or liability; or

(b)            by means of an entry in a debtor and creditor

account between the person giving and the

person receiving credit,

                 is guilty of a felony and is liable to imprisonment

for three years.

  (2)           The offender cannot be arrested without warrant

unless found committing the offence.

419B.                Where in any proceedings for an -offence under section

419 or 419A it is proved that the accused-

(a)            obtained or induced the delivery of anything capable of being stolen; or

(b)           obtained credit for himself or any other person, by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were standing to the credit of the drawer of the cheque in the bank on which the cheque was drawn, the thing or its delivery shall be deemed to have been obtained or induced, or the credit shall he deemed to have been obtained, by a false pretence unless the court is satisfied by evidence that when the accused issued the cheque he had reasonable grounds for believing, and did in fact believe, that it would be honoured if presented for payment within a reasonable time after its issue by him.”

Forgery also is a felony punishable by section 467 of Nigerian constitution and specified in the section 467 as follows:

467.    “ Any person who forges any document, writing, or

 seal, is guilty of an offence which, unless otherwise

stated, is a felony, and he is liable, if no other

punishment is provided, to imprisonment for three

years.”

Forgery of any type is punishable depending on the gravity of the offense; it is not limited to two years alone. But minimum is two years.

Relating the above crimes sections to human right law, a lot of Nigerian Innocent Citizens human right had been infringed upon, more especially to section 37 of Nigerian constitution which guarantees safety to privacy of citizens like telephone conversation. Social amenities and duties are protected by the government:

37.   “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

But today these rights are being denied some citizens who will even after seeking redress in the court of law will not be given fair hearing to the issues due to corruption. Those that are ignorant of these law are the true breakers of law, and no adequate attention as well as fair hearing are giving to complaints of such cases within the authorities involved when such offense are reported due to corrupt system. What happens is that the perpetrators of stealing by trick will cease means or mediums like:

(1)               RUMOUR

(2)               SOCIAL MEDIA

(3)               FALSE DOCUMENTS ETC.

Using the above as a platform with materials to execute their evil intentions; we have heard cases of people using the names of public dignitaries like TB Joshua as to dupe others in the society by obtaining money using false document like picture of the well known public figure as his boss which is misrepresentation as well as crime under section 467.

 Also people had as well been sentenced to imprisonment for Personating in the social media like facebook.com, twitter.com and whatsapp.com as well they cease this medium to pose pretense under section 419 of Nigerian constitution.

On the other hand, Rumor mongers can perpetrate their wicked acts easily by defamation of character of good and innocent citizens as well as spread of evil report and false information in order to threat with demand which is also punishable by law according to section 376:

376.                “Any person who publishes, or threatens to publish, or

offers to abstain from publishing, or offers to prevent the publication of defamatory matter, with intent to extort

money or other property, or with intent to induce any

person to give, confer, procure, or attempt to procure,

to, upon, or for, any person, any property or benefit of

any kind. is guilty of a felony, and is liable to

imprisonment for seven years.”

Under personating, they cease this platform to damage the reputation of the innocent ones in the society by using their influence as relations, sibling, friends, Boss etc. to commit crimes of obtaining credit as well as become debtors which may finally land on the innocent one as the one inducing the act under pretence.

Also false document still remains the root of forgery and pretense in obtaining anything as stealing by trick under section 467 subsections 1-5 of Nigerian constitution as follows:

“467.         Any person who forges any document, writing, or

 seal, is guilty of an offence which, unless otherwise

stated, is a felony, and he is liable, if no other

punishment is provided, to imprisonment for

three years.

Punishment in Special Cases

 (1)           If the thing forged-

(a)            purports to be, or is intended by the offender to

be understood to be or to be used as, the public seal

of Nigeria or of any State of Nigeria or the great or

privy seal of any country of the Commonwealth or

under the protection of a Commonwealth country,

or the seal of the President, or a Governor of a State;

or

(b)      is a document having on it or affixed to it any

such seal, signet, or sign manual, or anything

which purports to be, or is intended by the offender

to be understood to be, any such seal, signet, or sign

manual;

                 the offender is liable to imprisonment for life.

  (2)          If the thing forged purports to be, or is intended

by the offender to be understood to be or to be used

as, any of the following things-

(a)       a document which is evidence of title to any

portion of the public debt of Nigeria or of any State

thereof or of any other country, or to any dividend

or interest payable in respect of any such debt, or

a transfer or assignment of any such document, or

a receipt or certificate for any interest or money

payable or accruing on or in respect of any such

public debt;

(b)           a transfer or assignment of a share in any

corporation, company, or society, whether

domestic or foreign, or of any share or interest

in the capital stock of any such corporation,

company, or society, or in the debt of any such

corporation, company or society, or a receipt or

certificate for any interest or money payable or

accruing on or in respect of any such share,

interest, or debt;

(c)            a document acknowledging or being evidence

of the indebtedness of the Government of

Nigeria or of the Government of any other country;

(d)            a document which by the law of Nigeria, or

any other country is evidence of the title to any land

or estate in land in Nigeria or that other country, or

an entry in any register or book which is such

evidence;

(e)       a document which by law is required for

procuring the registration of any title to any land or

estate in land;

 (f)           a testamentary instrument, whether the testator

    is living or dead, or a probate or letters of

   administration, whether with or without a will

   annexed;

(g)            a bank note, bill of exchange, or promissory note,

or an acceptance, endorsement, or assignment,

 of either;

(h)            a deed, bond, or writing obligatory, or a draft,

warrant, order, or other security for the payment of

money, or for the delivery or transfer of a valuable

security, or for procuring or giving credit, whether

negotiable or not, of an endorsement or assignment

of any such document;

(i)             an accountable receipt, or an acknowledgement

of the deposit, receipt, payment or delivery, of money

or goods, or of any valuable security, or an endorsement

or assignment of any such document; a bill of lading,

dock warrant, warehouse keeper's certificate, warrant,

or order for the delivery of goods, or any other

document used in the ordinary course of business as

proof of possession or control of goods, or as

authorising, or purporting to authorise, either by

endorsement or by delivery, the possessor of the

document to transfer or receive the goods represented

by the document, or an endorsement or assignment of

any such document;

(k)            a charter party, or a shipping document accompanying

a bill of lading, or an endorsement or assignment of either;

(l)            a policy of insurance of any kind;

(m)            a power of attorney or other authority to execute

any such document as is herein before in this section

mentioned; 

(n)            the signature of a witness to any of the documents

herein before in this section mentioned to which

attestation is by law required;

(o)            a register of births, baptisms, marriages, deaths, or

burials, authorised or required by law to be kept, or

any entry in any such register;

(p)            a copy of any such register or entry as last

aforesaid, which is authorised or required by law

to be given or sent to or by any person;

(q)            a seal used by a registrar appointed to keep any

such register as is herein before mentioned, or

the impression of any such seal, or the signature

of any such registrar,  the offender is liable

to imprisonment for fourteen years.

 (3)                   If the thing forged purports to be, or is intended

by the offender to be understood to be or to be

used

as, any of the following things--

(a)            the signature of the President or a Governor of

a State or of a Commissioner, as the case may be,

upon any grant, commission, warrant, or order;

(b)            a seal or stamp used for the purpose of the public

revenue in Nigeria or in any other country;

(c)            a document relating to the obtaining or receiving

or any money payable on account of the public

service of Nigeria, or any other property of the

State in any country, or a power of attorney or

other authority to execute any such document;

                 the offender is liable to imprisonment for

fourteen years.

 (4)                     If the thing forged purports to be, or is intended

by the offender to be understood to be or to be

used as, any of the following things-

(a)            the seal of a court of record in any part of a

country of the Commonwealth or of a country

under the protection of a Commonwealth

country, or a seal used at the chambers of a

Justice of the Supreme Court or a High

Court for stamping or sealing summonses

or orders;

(b)            a seal or signature by virtue whereof any document

can by law be used as evidence;

(c)            any process of any court of justice in any part of

a country of the Commonwealth or of a country

under the protection of a Commonwealth country;

(d)           a document issued or made by or out of or by the

authority of any such court as last aforesaid;

(e)            a document or copy of a document of any kind,

which document or copy is intended by the offender

to be used as evidence in any such court as last

aforesaid;

(f)             a record or other document of or belonging to a

court of record in any part of a country of the

Commonwealth or of a country under the

protection of a Commonwealth country;

(g)            a copy or certificate of any record of any such

court as last aforesaid;

(h)           an instrument, whether written or printed, or

partly written and partly printed, which is made

evidence by any Act,  Law, Statute, or Order, in

force in Nigeria;

(i)             a document which a judicial officer is required

or authorised by law to make, attest, or issue, and

purporting to be made, attested, or issued, by a

judicial officer;

(j)              a stamp used for denoting the payment of fees

or percentages in any court;

(k)             a licence or certificate required or authorised by

law to be given for the celebration of a marriage;

(l)              a consent to the marriage of a minor given by a

person authorized by law to give it;

(m)            a certificate of marriage given under the provisions

of the laws relating to the solemnisation of marriage;

(n)             a copy of the registration of a marriage;

(o)             a stamp issued or made under the laws relating to the

post office; 

(p)             a power of attorney or a letter of attorney;

(q)              the signature of a witness to a power of attorney or

letter of attorney;

(r)               the superscription of any postal matter by any

person empowered under any enactment to frank

postal matter;

(s)              a contract or a writing which with other writings

constitutes a contract or is evidence of a contract;

(t)             an authority or request ,the payment of money or

for the delivery of property;

(u)            an acquittal or discharge or a voucher of having

received any property, or any document which is

evidence of the receipt of any property;

(v)            any mark which under the authority of any Act, Law,

Statute, or Order, is impressed upon or otherwise

attached to or connected with any article for the purpose

of denoting the quality of the article or the fact that it

has been examined or approved by or under the

authority of some public body or public officer; the

offender is liable to imprisonment for seven years.

 (5)                  If the thing forged purports to be, or is intended by the

offender to be understood to be or to be used as, a

message to be sent by telegraph, or a message received by telegraph, the offender is liable to the same punishment as if he had forged a document to the same effect as the message”.

So with these points we can see that innocent Nigerian Citizens are prone to Felony due to corruption in the society which violates their human right law.

WRITTEN BY ONYIA EMEKA HARFORD

CONTACT: +2348186388641