Monday, 25 November 2024

THE STORIES WE WRITE




The people behind the places and the stories they tell have a great influence on how exciting or boring that place will be just as the environment of people also have an effect on its inhabitants.  Several great people in the world have influenced the places they came from, they grew out of their environments with their influence spreading to the ends of the earth. Billionaires do not always come from moneyed backgrounds, most grew up poor; they are mostly made not born. When these individuals submit themselves to necessary growth process they come out refined, meeting the needs of the world.  Oprah Winfrey, popularly known for her talk shows that surpasses her competition being the most watched daytime show host on television with her natural style with guests and audiences on the Oprah Winfrey Show earned her widespread popularity, as well as her own production company, Harpo, Inc.

According to her biography, Oprah Gail Winfrey was born to Vernita Lee and Vernon Winfrey on an isolated farm in Kosciusko, Mississippi, on January 29, 1954. Her name was supposed to be Orpah, from the Bible, but because of the difficulty of spelling and pronunciation, she was known as Oprah almost from birth. Winfrey's unmarried parents separated soon after she was born and left her in the care of her maternal grandmother on the farm. It is said that Winfrey as a child entertained herself by "playacting" in front of an "audience" of farm animals. Under the strict guidance of her grandmother, she learned to read at two and a half years old. She addressed her church congregation about "when Jesus rose on Easter Day" when she was two years old. Then Winfrey skipped kindergarten after writing a note to her teacher on the first day of school saying she belonged in the first grade. She was promoted to third grade after that year.

At six years old Winfrey was joined to her mother and two half-brothers in a Milwaukee ghetto, an extremely poor and dangerous neighborhood. At twelve years old she was sent to live with her father in Nashville, Tennessee. Feeling secure and happy for a brief period she began making speeches at social gatherings and churches, and one time earned five hundred dollars for a speech. She knew then that she wanted to be "paid to talk." Winfrey, again, was called back by her mother, and she had to leave the safety of her father's home. The poor, urban lifestyle had its negative effect on Winfrey as a young teenager, and her problems were compounded by repeated sexual abuse, starting at age nine, by men that others in her family trusted. Her mother worked odd jobs and did not have much time for supervision. She was sent back to her father in Nashville after many years because of her bad behaviour.

Winfrey says that her father saved her life. He was very strict and provided her with guidance, structure, rules, and books. He required his daughter to complete weekly book reports, and she went without dinner until she learned five new vocabulary words each day. She became an excellent student, participating as well in the drama club, debate club, and student council. In an Elks Club speaking contest, she won a full scholarship to Tennessee State University. The following year she was invited to a White House Conference on Youth. Winfrey was crowned Miss Fire Prevention by WVOL, a local Nashville radio station, and was hired by the station to read afternoon newscasts.  Winfrey became Miss Black Nashville and Miss Tennessee during her freshman year at Tennessee State.

Fast track to 1985, the popularity of Winfrey's show however skyrocketed after the success of The Color Purple, and in September 1985 the distributor King World bought the syndication rights (the rights to distribute a television program) to air the program in one hundred thirty-eight cities, a record for first-time syndication. That year, although Donahue was being aired on two hundred stations, Winfrey won her time slot by 31 percent, drew twice the Chicago audience as Donahue, and carried the top ten markets in the United States. In 1986 Winfrey received a special award from the Chicago Academy for the Arts for unique contributions to the city's artistic community and was named Woman of Achievement by the National Organization of Women. The Oprah Winfrey Show won several Emmys for Best Talk Show, and Winfrey was honored as Best Talk Show Host. Winfreyformed her own production company, Harpo, Inc., in August 1986 to produce the topics that she wanted to see produced, including the television drama miniseries based on Gloria Naylor's The Women of Brewster Place, in which Winfrey was featured along with Cicely Tyson, Robin Givens, Olivia Cole, Jackee, Paula Kelly, and Lynn Whitfield.

In September 1996 Winfrey started an on-air reading club. On September 17 Winfrey stood up and announced she wanted "to get the country reading." She told her adoring fans to hasten to the stores to buy the book she had chosen. They would then discuss it together on the air the following month. The initial reaction was astonishing. By the time the discussion was broadcast on October 18, there were seven hundred fifty thousand copies in print. She is one of the wealthiest women in America and the highest paid entertainer in the world, Winfrey has made generous contributions to charitable organizations and institutions such as Morehouse College, the Harold Washington Library, the United Negro College Fund, and Tennessee State University.

Oprah Winfrey wrote a story with a beautiful climax, though your beginning and place of birth may be small, your end can be exceedingly great. Never give up on you. Keep moving, heed to corrections, remember to learn is to earn.

                                                                                                                                    

Federal University of Technology Akure - FUTA

This article shows the Portal of Federal University of Technology- Futa Akure, latest School updates. Also, Students, Staffs and visitors to the School are exposed to the History, Vision, Mission, Faculties, Courses and Contact Address of FUTA.

The Federal University of Technology Akure (formally FUT Akure or simply FUTA) is a federal government-owned varsity located in the Centre of Akure, Ondo State, South-West Nigeria. 

It was founded in 1981, driven by the federal government of Nigeria to create universities that specialized in producing more graduates with practical skills to help for a technology-driven Nation.

Federal University of Technology Akure, FUTA | Latest School News - futa.edu.ng
Photo: Front page of FUTA School Portal | Image credit: FUTA portal

According to the welcome page of the University's Portal, - futa.edu.ng, it states "Federal University of Technology, Akure (FUTA), a top ranking University of technology in Nigeria and indeed the nation's pride.

"Established  in 1981, the university has grown tremendously, stretching its academic disciplines and research across eight different schools and over fifty academic departments."

Federal University of Technology Akure, FUTA | Official logo of the School:

Federal University of Technology Akure, FUTA | Latest School News - futa.edu.ng
Photo: official Logo of FUTA | Image Credit: FUTA portal

Federal University of Technology Akure, FUTA

 Short Bio:
  • Motto: Technology for Self Reliance
  • Established: 1981; 42 years ago [ref: futa portal]
  • Type: Government
  • Chancellor: Alhaji (Dr.) Umar Faruk II, the Emir of Katagum
  • Vice-Chancellor: Prof. (Mrs.) Temidayo Oladiji [first female FUTA VC] source - Futa portal
  • Administrative staff: 300 [ref: wikipedia]
  • Students: 15,000 [ref: wikipedia]
  • Undergraduates: 13,000 [ref: wikipedia]
  • Postgraduates: 2,000 [ref: wikipedia]
  • Location: Akure, Ondo State, South-West, Nigeria
  • Bearing: 7.3037°N 5.1388°E [ref: Google]
  • Colors: Purple [ref:futa portal]
  • Website: futa.edu.ng

Federal University Of Technology Akure, (FUTA) | VISION

To be a world class University of Technology and a centre of excellence in training, research and service delivery [source- FUTA Official School Portal -  futa.edu.ng]

Federal University Of Technology Akure, (FUTA) | MISSION

To promote technological advancement by providing conducive environment for research, teaching and learning engenders development of products that are technologically oriented, self-reliant and relevant to society. [Source- FUTA Official School Portal -  futa.edu.ng]

Federal University of Technology Akure, [FUTA] | List of Courses available for Students

These are list of 13 Faculties in FUTA:
  1. College of Health Sciences
  2. School of Basic Medical Sciences (SBMS)
  3. School of Basic Clinical Sciences (SBCS)
  4. School of Clinical Sciences (SCS)
  5. School of Computing (SOC)
  6. School of Life Science (SLS)
  7. School of Physical Science (SPS)
  8. School of Earth and Mineral Sciences (SEMS)
  9. School of Environmental Technology (SET)
  10. School of Engineering and Engineering Technology (SEET)
  11. School of Agriculture and Agricultural Technology (SAAT)
  12. School of Logistics and Innovation Technology (SLIT)
  13. School of Postgraduate Studies (SPGS)
The school also give admission for pre-degree science programs and other University Advanced Basic Science programs.

Federal University of Technology Akure, FUTA | Official photo School main gate:

Federal University of Technology Akure, FUTA | Latest School News - futa.edu.ng
Photo: Main entrance Gate of FUTA |Source: FUTA portal 

FUTA Contact Address:

The Federal University of Technology Akure
P.M.B. 704
Akure, Ondo State.

FUTA Support Line:

+234 906 670 7545
+234 907 616 5061

Official FUTA Mail Address - [email protected] or  [email protected]

Featured ref., links to this article:
  1. FUTA Official School Portal - www.futa.edu.ng
  2. Population Data from - www.wikipedia.org
  3. Location Bearing Data - google.com
  4. Random news sources from - Daily News Report
  5. To access Official FUTA Students' Portal - Learn everything about FUTA Students'Portal


Related Articles on FUTA:
• You may also read - Steps and basic features of FUTA Students' Portal on how to login for bio-data, accommodation and coures Registration.

• Read how to Login to FUTA post utme to check post utme screening Application, requirements, results, Admission, and why you will not be offered admission.

• Read: FUTA Admission List is out, check procedures.

Disclaimer: All the information here are verified details from the FUTA Official School Portal accessed via - futa.edu.ng and it remains the property of futa, which is subjected to changes should need be by the School Management. Daily News Report shall keep this page updated in tandem with FUTA.

Biography of Justice Ayodeju Daramola

Full Biography of Justice Ayodeju Daramola

Justice Daramola is an indigene of Ekiti State from Irepodun/Ifelodun Local Government Area.
He had his secondary school education in Eyemote Comprehensive High School, Eyin-Ekiti.
He proceeded to University of Benin, Benin City, Nigeria to have a degree in Law. After which he attended the Nigerian Law School in Lagos. He continued in his academic pursuit,  in 2004-2005, to obtain his Masters in Law(LL.M) from Obafemi Awolowo University.



Justice Daramola has served and perfromed  excellently  well in various capacities which include:

° Superintendent – Underwriting; Agency Co-ordination, Claims, Glanvills Enthoven   1981 – 1983

° State Counsel, Department of Civil Litigation, Ministry of Justice, Akure, Ondo State 1989 – 1994

° Counsel/Secretary, The Idanre Local Government Secretarial Fire Incident May – July 1992 Commission of Inquiry”Counsel, “The Ondo State Polytechnic Students Riot Commissions of Inquiry Sept. – Nov. 1992


° Counsel, “The Ondo State Polytechnic Students Riot Commissions of Inquiry Sept. – Nov. 1992 – May from Associated Companies 1993.


° Chairman, “Panel to Investigate Large Scale Fraud in the Payment of Pensions Aug. – Nov. 1995 to Pensioners

° Assistant Director, Department of Public Prosecutions, Ministry of Justice, Akure, Jan. 1995 – July 1996 Ondo State



° Private Legal Practice. July 1996 – May 2000

° Judge, Ekiti State Judiciary May 2000 – Dec. 2010


° Training Workshop on Alternative Dispute Resolution and Arbitration for Judges (NIALS) February 2002

° Chairman, National Assembly/Governorship & Legislative Houses Election Tribunal, May – Jan. 2008 Taraba StateChairman, High Court (Civil Procedure)


° Chairman, High Court (Civil Procedure) Review Committee Jan. 2009 – Dec. 2009

° Chief Judge, Ekiti State Dec. 2010   – May 2012Mediation Workshop for Nigerian Judges (Kennesaw State University, Kennesaw, September 2012 Georgia, U.S.A)

° Chief Judge , Ekiti State May2012  till date

Justice A.S Daramola is a force to reckon with in the Judiciary system in Nigeria.

Sunday, 24 November 2024

BUYING THE COUNTRY, SAVING THE COUNTRY


We live in a ‘world’, where we solely depend on another ‘world’ for survival.
Can a country that can’t swash off any tangible product fabricated perchance have a flourishing economy?
Will a country where 95% of products found on it are imported (foreign) have a developed economy? ABSOLUTELY NOT!

Why will a country who hinges on one source of revenue and imported goods not possibly drift into recession?

We assert to be the ‘Giant of Africa’ but fail in all ramifications to live up to the ballyhoo.
Think of it, why will Nigeria be importing toothpicks (of all things, chai!!!), Biros, books etc. when we have able-bodied citizens with all the potentials in the world both intellectually and physically to produce this?

Why should Nigeria be importing rice when we have locally made rice here in Nigeria e.g Abakaliki rice , Lagos rice  etc which are less hazardous to our health compared to foreign rice .
We’ve heard cases of ‘plastic rice’ being imported from China …

We shouldn’t stoop so low as to be importing fruits, plants, and animals when we have copious of them here.

Citizens are fast to blame the government, but NO, for it’s not entirely the faults of the government but the citizens also have some flaws on this issue (I’ll get to that)

I feel importation should be ostracized totally from the country as we have both all source of natural resources and able-bodied youths to start our own production and exportation.
We all have roles to play in order to achieve this feat

My Suggestions:

The Government should ply producers enough fund to produce. Before anything could be produced, enough capital must be put in place.

They (government) also should organize seminars, special training for the youths on how to produce things.

The Citizens on their part should patronize the locally made products. One of the reasons production in Nigeria is minimal, is lack of patronization, citizens should stop looking out for foreign goods and buy the locally made ones which is cheaper.
When we depend on foreign goods, we lack that ‘Independent identity’ and are on some sort of neo-colonialism, but depending on our locally made goods give us our ‘independent identity’.

I don’t see anything wrong in us dropping corporate wears and wearing our traditional wears to our respective associations, organizations , hospitals, court of law and even on our ‘white wedding’ days etc. since that has been our identity from the beginning of our existence. There’s even a bible verse that says “but from the beginning it was not so”

We can even have our ‘own English’ called ‘Nigerian English’ with examples like jacko (bookworm), hammer (successful), whining (playful tease) etc., as our own official and formal language instead of using the British language (English). We all know of U.S.A which was colonized by England and was taught the British English but immediately after gaining their independence, ‘kicked’ out the British English and formed theirs.

One thing I respect most about our past four civilian presidents [Obasanjo, Yara dua, Jonathan and Buhari] is the fact that no matter where they are, they always (or mostly) show the true identity of Nigeria by wearing our traditional wear even at international events such as U.N.O, ECOWAS etc...

Furthermore, the producers of these locally made goods should abstain from producing substandard goods. This is, in fact, one of the reasons for lack of patronization.
We’ve heard stories of large scale production of substandard goods, from sale of fake drugs to use of special chemicals in order to quickly ripen food products e.g. plantains, bananas, tomatoes, inter alia for quick sell.
With past stories like this, people have lost complete trust on Nigerian products, as no one would like to make the ‘same mistakes over and over again’.

These manufacturers should turn a new leaf and produce standard goods which are long-lasting and less hazardous to human health.

Conclusively, if we take all these points to work, we would be self sufficient, be out of recession and possibly have the best economy in the world.
Nigerians, let us embrace our own.

David Sidney,
     100 Level,
Law Students' Society,
Faculty of Law,
OAU.
09026166812.

MEANING AND SOURCES OF NIGERIAN LAW OF EVIDENCE

By WALE ADEAGBO TOYIB. Director of Litigation, JUSTICE CHAMBERS, FACULTY OF LAW, OAU, ILE-IFE.

Despite the existence and relevancy of the Evidence Act 2011 as an instrument regulating the whole mantra of evidence in Nigeria, the word evidence still strives for a statutory definitions. The academia and the judiciary have however helped out in this regard. Thus, to have a handful grasp of what evidence means, recourse shall be made to case laws and textual authorities.

According to PHIPSON, evidence means ‘the testimony whether oral, documentary or real which may be legally received in order to prove or disapprove some facts in dispute’. In his own attempt, C.D. FIELD scholarly defined judicial evidence thus (in the following words):
Evidence received by court in proof or disproof of facts, the existence of which comes a question before them …..Known as judicial evidence.

In fact, AGUDA also adopts the tag of judicial evidence in his text on the Nigerian Law of evidence, He comments that judicial evidence is the totality of how facts are established in a court of law excluding arguments and inferences. CROSS stated that evidence consists basically of testimonies, documents as he quipped thus:

The testimony, hearsay, documents, things and facts which a court will accept as evidence of facts in issue in a case.

According to COCKLE in Cockle on Evidence, the term evidence as used in law, which is also called judicial Evidence has the same means as is commonly used, to wit: the means by which facts are made evident or established to the satisfaction of persons enquiring into them, granted that such facts are credible and sufficient to satisfy or convince prudent minds.

The Court of Appeal in ONYA-v- OGBUJI (2011) ALL FWLR (Pt556) 493 per Salauwa, J.C.A defined evidence in an encompassing manner and self-comprehensive one.

The term evidence has been aptly described as any specific of proof, or probative matter legally presented at the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the mind of the court or jury as to their contentions.
This definition has enjoyed adoption by Nigerian courts in various cases, and so was of judicially amplified in KOLO-v-LAWAN (2011) ALL FWLR (Pt597) 725 CA also in AWUSE -V- ODILI (2005) 16 NWLR (Pt952) 416 at 496 CA.

In essence, Evidence can be said to be the means by which facts in issue are established by a judicial tribunal. Such evidence could be oral testimony of a person who actually perceived the facts, through any one of the documents to prove facts which are in issue, or real evidence which is the production of material objects other than documents.

The importance of evidence in deciding the success or otherwise of a party’s case cannot be over emphasized. Virtually, all a party needs to do in order to achieve success in a court of law hangs upon the Law of Evidence. It is of course a reality that judges who hear matters are not superhuman, neither could they penetrate human minds in passing their judgements. Rather as a matter of procedure, they merely bound to act on facts as presented to them or as are adduced by the disputants. This has been given credence in ONIOMOH -v- UNIJOS (2006) ALL FWLR (Pt304) 552 CA that:

Evidence whether oral or documentary consists of facts, and facts are the fountainhead of the Law. It is facts that determine the fate of any proceedings…By law, cases are invariably decided…on their peculiar facts and circumstances, see UGWU V ARARUME.

According to the learned authors of C.D. FIELD’S LAW OF EVIDENCE, the function of the law of evidence is to narrow down the matter which have a logical, probative value. They conclude that because the law of evidence prevents judgements based on prejudice or illogical conclusions, it is indeed an aid to the administration of justice.

Because of the umbilical relationship that Nigerian had with the British colonialists, hardly will there be any law in Nigeria that its distance source will not hang on the Received English law comprising the common law, doctrines of equity, and the statutes of General Application in force in England as at 1st January, 1900. This was the case on the law of evidence as applied in Nigerian courts before 1945 at which the Evidence Ordinance No 27, 1943 came into force.

This ordinance enjoyed series of amendments from 1950, 1955 (twice). In 1958, it was re-enacted as the Evidence Act. This Act was in force till1990 when it statutorily baptized as Evidence act Cap112 LFN 1990. The provisions of the 1990 act further slightly amended were reproduced verbatim to form the Evidence Act 2004, which was on the 3rd Day of June, 2011 repealed and was replaced by the Evidence act 2011 Cap. E14, LFN.

By the provisions of S.2 & 3, the Evidence Act has been put at an arena of superiority on evidence-related issues in the light of any other enactment on litigation procedure. The Evidence act though acknowledges the existence of any other act, or any other legislation validly in force in Nigeria as part of the laws in which resort can be made to, however, they are of lower rank to the Evidence act.

It should be noted that no matter how superior an enactment can be in Nigeria, and in any other democratically-oriented nations, it will still be subject to the provisions of the Constitution which in our jurisprudence called the grand norm. By S. 23 of PART I of SECOND SCHEDULE, the CFRN 1999 makes evidence a matter within the exclusive legislative competence of the National assembly. Further affirming the constitution as a source of law of Evidence in Nigeria are the provisions in S. 36 (1) and (4), (5), (6) d & e CFRN 1999.

In an unprecedented manner, the Evidence Act 2011 has added another source to the Nigerian evidence law. By S.255, it is now permissible for the Minister of Justice and Attorney-General of the Federation to make regulations generally prescribing further conditions, though with respect to admissibility of evidence that may be relevant under the act.

In summary, the sources of the Nigerian law of evidence are:

•The Evidence Act 2011;
•Other local legislations, Statutes or Rules of court;
•Judicial opinions of justices of courts of record in Nigeria;
•Opinions of courts of foreign jurisdiction (persuasive effect);
•The received English law where applicable;
•The constitution of the Federal Republic of Nigeria, 1999 and
•Regulations, practice or reference directions made by the Attorney General of the Federation.

Thursday, 14 November 2024

Coronavirus and the Politics of Life

Since the Coronavirus pandemic has taken over the world like a raging storm with over five million confirmed cases worldwide. The disease which started in the later part of 2019 in Wuhan, a town in the Hubei province of China is said to be a respiratory disease and has claimed more than two hundred thousand lives in the world. It is a Severe Acute Respiratory Syndrome Coronavirus (SARS-Cov-2) and in its contracted form, it is COVID-19. The disease has made the world's economies to be on a standstill as most countries are either partially or totally locked down.

NCDC Mandate

On January 30, 2020, the World Health Organisation (WHO) declared the virus a pandemic which needed international attention. A new name for the disease, COVID-19 was announced by WHO on February 11, 2020. Nigeria confirmed its first case of the disease on 27 February, 2020 when an Italian citizen in Lagos was tested positive for the virus. Since then, Nigeria has experienced a rise of the disease. As at May 7, Nigeria had a total of 3526 confirmed cases with 601 discharged cases and 103 deaths across 34 states and
the FCT

Right from the confirmation of the first case in Nigeria, government officials and politicians alike showed signs of irresponsibility. Many politicians started off playing politics with the virus without cares that the time was not right for any form of politicking going by the happenings in countries with far more developed health systems. Politicians downplayed the presence of the disease in Nigeria, simply calling it a hoax and that it was a well coordinated effort of the government to embezzle public fund. Days later, another case was confirmed by the National Centre for Disease Control (NCDC). 


As the cases rose, it began to scare well informed Nigerians, but the rise didn't stop these politicians from inciting the public against the government with plenteous rubbish. People, believing in the 'madness' of these politicians started demanding for the pictures of the Italian and others who were confirmed infected with the disease. This continued until Muhammad Abubakar, the son of the former president of Nigeria, Atiku Abubakar was tested positive for the virus.


As the World's Health Organisation (WHO) had declared the virus a pandemic with information and guidelines as the virus could be transmitted from person to person, one of the standard prevention procedures was that anyone who had visited any countries with confirmed cases of the virus should self isolate for 14 days upon return to their countries. Around early March, the Chief of Staff to the president, Abba Kyari returned from his Germany's official trip. On his return to the country, he was supposed to self isolate, but he didn't do so. He instead attended theKogi state governor's mother's 3-day Fidau prayer the next day. Some days later, it was reported that he had tested positive for the virus. Also, at the time when the virus had gained momentum in Lagos, PDP  held a rally in Ibadan, Oyo State where Seyi Makinde, the Oyo State governor was  quoted to have said that the PDP members were immuned to the virus. Three days later, a case of the virus was confirmed in Bodija, Ibadan, Oyo State and many days after, the governor himself confirmed he has tested positive for the virus through his social media handle.  This means that if we assume that he was a ticking time bomb when the rally was held, then, we can not doubt the reality of having a thousand cases in Oyo state at this moment to grace.

While the Sanwo-Olu Lagos State Government and the administration of the Federal Capital Territory (FCT) increased their testing strength as a way to curtail the spread of the disease, the northern states except Kaduna and Borno states did practically nothing to prepare for the advent of the virus in the state. The Kano state governor didn't lift a finger except closing the state's border, a move that was quite ineffective until the deaths in the state became alarming. Concerned corners thus raised questions at the time  as regards the lateness before actions were made.

Government and politicians once again showed cold hearts in the distribution of relief materials and palliatives which were intended to help reduce of the effect of the lockdown declared in the country. Lagos was first to roll out its plan to distribute palliatives which was  'hijacked' by politicians. Streets with over a hundred dwellers were given small sacks of rice, few tubers of yam and loaves of bread in the most ridiculous manner. The same happened in Osun state where a household was given a cup of rice and far as a governor who asked his citizens to buy 'gaari' if they didn't have the money to stock their homes. 

With 774 local government heads, 36 state governors (including the ministers of the FCT), 109 senators, 365 house of representative members and 36 state assemblies, shouldn't there be concerns about the welfare of those who elected them?


Nigeria has a track record of having one of the worst health systems in the world despite billions of naira that is being pumped to it every year. Instead of improving the health systems, government and politicians busy themselves with funds to embezzle. The Coronavirus has highlighted how weak our health systems are. Truth is, with the present health systems in Nigeria, we will be overwhelmed by the virus way before we reach ten thousand confirmed cases.

On a final note, the Coronavirus has shown how inhumane and incompetent our politicians are. It shows politicians are only interested in sharing the national cake. The coming of this virus should be an eye opener for leaders in power corridors and politicians alike to plan ahead for future possibilities.

Tuesday, 1 October 2024

LAW & PHILOSOPHY by Akinade ADESOKAN (DOVE)

LAW & PHILOSOPHY by Akinade ADESOKAN (DOVE)

When Fallacies Make Sense in Justice (WFMSJ - Part 1)

To start with, philosophy and law are two sides of a coin in the sense that while philosophy ignites the fire of questions, law extinguishes it. Fallacy simply means an error in reasoning. It is the use of invalid or otherwise faulty reasoning or ‘wrong moves’ in the construction of argument. An argument is a series of statements typically used to persuade someone of something or to present reasons for accepting a conclusion or judgment. Most fallacies are in form of appeals: appeal to authority, appeal to ignorance, appeal to pity, appeal to emotions, appeal to moderation, appeal to hypocrisy, inter alia. Others include begging the question, red herring, slippery slope, ad hominem, among others.
Fallacies are considered to be bad, however, nothing is absolutely bad. This is reflected in the Yoruba saying that ‘omo buruku ni ojo ti e loto’ meaning ‘a bad child has his own good days,’ which tends to discourage the act of disowning a child due to his bad attitude since he will still be useful in a way. In the light of this, there have been a plethora of cases where these so-called errors were employed as instruments of attaining justice and maintaining peace. In this part, only three fallacies will be considered:

1.As regards Fallacy of Moderation otherwise known as False Dilemma which asserts that conclusion must be found as a compromise between two opposite positions:

•A typical example is the procedure adopted by King Solomon in reaching his judgment between two mothers living in the same house. In this case one of the babies had died, and each claimed the living one as her own. Calling for a sword, King Solomon declared his judgement: ‘the baby would be cut into two, each woman to receive half.’
One mother did not contest the ruling, declaring that if she could not have the baby then neither of them could, but the other begged the King to spare the baby’s life and to give the baby to the other woman. The king declared the second woman the true mother, as he concluded that a mother would do anything to save her baby’s life. This judgment became known throughout all of Israel and was considered an example of profound wisdom.

•Similar to this is the Indian Jataka story dealing with Buddha in one of his previous incarnations as the sage Mahosadha. He arbitrated between a mother and a Yakshini who kidnapped the mother’s baby and claimed he was hers. The sage announced a tug war: he drew a line on the ground and asked the two to stand on opposite sides of the line, one holding his feet and the other his hands – the one who would pull the baby’s whole body beyond the line would get the baby. The mother released the child when she could not bear the pain the child was experiencing. Hence, she wept as she surrendered the baby to Yakshini. When the sage saw that, he turned the baby back to the hands of the true mother, exposed the identity of the Yakshini (a female mythical being) and subsequently expelled her.

2.As regards Fallacy of Tu quoque otherwise known as ‘You Too’ fallacy which intends to discredit the opponent’s argument by asserting the opponent’s failure to act consistently in accordance with its conclusion(s):
•The biblical account of the judgement given per Jesus Christ in the case of The Adulteress v. The Teachers of Law and the Pharisees (John 8). In this case the plaintiffs claimed that the accused was caught in the act of adultery and that she deserved to be stoned to death in accordance with the Law of Moses. While applying the principle of equity (grace), the Arbitrator said,
‘Let anyone of you who is without sin be the first to throw a stone at her.’
Subsequently, everyone disappeared leaving only the Arbitrator and the accused person at the scene of the trial.  Hence, she was discharged and acquitted saying,
‘go and sin no more’.

•In The case of Ojukwu v. Mil Gov of Lagos State [1986] 1 NWLR (pt 18) p.621, the clean hands principle was upheld to the effect that equity will not favour a party in maintaining a status quo created by his own wrong doing. The Supreme Court in this case refused to hear the appeal of the Military Governor of Lagos State since it had initially flouted the order of the Court of Appeal. This could then be taken to mean that the plaintiff’s misconduct automatically relieved the defendant of his liability.

3.As regards argument from analogy or fallacy of questionable analogy which involves drawing conclusion upon the basis that two or more things share similar properties;
•The Latin phrase ‘stare decisis et non quieta movere’ which means ‘to stay by and not to disturb settled matters’ has birthed the doctrine of Judicial Precedents of which courts are now greatly enamoured and applied in the process of dispensing justice. In his book ‘Learning the Law,’ Glanville William wrote,
‘What the doctrine of precedent declares is that cases must be decided the same way when their facts are the same. Obviously, it does not require that all the facts should be the same. We know that in the flux of life all the facts of a case will never recur, but the legally material facts may recur and it is with these that the doctrine is concerned.’
Also, according to Coker J.S.C., precedent must be followed regardless of whether it was wrongly or rightly decided.

Fallacy like Nazareth - Many would ask, in astonishment, if any good thing could come out of Nazareth and I would reply, ‘yes!!!’ Tell me my argument is fallacious and I will proof to you that albeit it is fallacious, it is justifiable!

Akinade ADESOKAN (DOVE)
LL.B 5