Solar energy, radiation from the Sun capable of producing heat, causing chemical reactions, or generating electricity. The total amount of solar energy incident on Earth is vastly in excess of the world’s current and anticipated energy requirements. In the 21st century solar energy is expected to become increasingly attractive as a renewable energy source because of its inexhaustible supply and its nonpolluting character, in stark contrast to the finite fossil fuels coal, petroleum, and natural gas.
The history of hydropower dates back thousands of years. For example, the Greeks used water wheels to grind wheat into flour more than 2,000 years ago. The evolution of the modern hydropower turbine began in the mid-1700s when a French hydraulic and military engineer, Bernard Forest de Bélidor, wrote Architecture Hydraulique. Many key developments in hydropower technology occurred during the first half of the 19th century, and more recently, the past century has seen a number of hydroelectric advancements.Hydropower technologies generate power by using the elevation difference, created by a dam or diversion structure, of water flowing in on one side and out, far below, on the other.
The benefits of hydropower have been recognized and harnessed for thousands of years. In addition to being a clean and cost-effective form of energy, hydropower plants can provide power to the grid immediately, serving as a flexible and reliable form of backup power during major electricity outages or disruptions. Hydropower also produces a number of benefits outside of electricity generation, such as flood control, irrigation support, and water supply.
Born on 28th February 1985. Ugochuckwu Eric Nwenweh, well known and called Ken Erics, is a 37years old Nigerian actor, music artist and TV presenter that acts or mainly work in Nollwood. Though he was born in the nothern part of the country (Nigeria). He hails from the Eastern part of Nigeria. He's among other siblings his parents have. According to some reports, Ken Eric grew up in a very godly home, hence he's a Christian.
The talented actor, had his primary school education in kano, Nigeria. Due to some reasons best known to him, Ken Eric got his secondary School education in the East (Anambra State). Based on his burning passion for acting, he further bagged a first degree in theatre act at the Prestigious Nnamdi Azikiwe University, Awka. He didn't just stop there, he moved further to getting a Master Degree in the same field ( tjit happened not quite long).
Trending: Twin Sisters Impregnated by Same man in Akwa Ibom Dedicate Children
Ken Eric has since started acting since he was a child. He joined several drama groups back then in the University. This helped to reshaping him into a better actor. This continued till he left the University. Ken Erics in the year 2001, featured in the movie "Holy Prostitute" That was his first movie.
After gaining so much knowledge in his field (career). He joined the Nollwood industry where he started acting fully. Like most beginners starting a career, he wasn't popular then .The movie "The illiterate" was his first role he played in a Nollywood movie, that was about 10years ago. This single opportunity exposed him to many juicy opportunities and of course popularity too. Ever since, the talented actor has been super active in the industry (Nollywood) and has starred in several Nigerian movies. He has also worked with top stars in the Industry, such as Ton to Dikeh, Mercy Johnson etc.
Aside acting, Ken Erics also do music. One of his biggest achievements in recent times is having his own music band.
Ken Erics has been honored with several Awards; This a little way of appreciating his efforts in the industry. Few are mentioned below:
1. Best lead actor in 2014 at Afrifimo Awards (USA).
2. Best Supporting actor at City People Entertainment Awards in the you 2014.
3. Best Actor at City People Entertainment Awards in the year 2015.
These includes many other awards and norminations he has been honored with.
Ken Erics is a successful man. He has assets, connections etc. He's active on all social media platforms including Facebook, Instagram etc, with lots of followers and fans. As at March 2022, his Net-worth is over $500,000.
Ken Erics is currently unmarried and yet to become a father too. However, he was formerly married to Onyi Adada (in 2017). Unfortunately, things fell apart and their marriage went down due to misunderstanding between the two lovers.
Now, I wouldn’t say I have been weaned off that tendency to having a mind of my own. After all, a man must do his own living and dying. Still, neither am I as unyielding as in those early days. It’s been learning, unlearning and relearning.
I remember too, with undimmed clarity, sublime piece of advices received from those who have gone before in the world of disabilities. “Attitude is everything”, “keep an open mind”, etc. Deep nuggets. However it took years before I began grasping the timelessness of the wisdom in those words. The truth bore home slowly and steadily.
SEEING THE LIGHT
The Federal College of Education, Oyo, (an institution for special needs education) was my baptism ground. There, I had first glimpse of the light which gradually expelled the darkness in me. At Oyo I slowly came to an understanding that life could be meaningful and interesting despite Disability. It came down to attitude. Again, Oyo opportuned me the privilege of a miracle called “sign language”. A miracle I had long despised until it graciously found and rescued me from my wilderness wanderings. As I gained intellection, latitude, and a certain degree of dexterity in this visual language used for communication by the deaf, my perception kept expanding. I began to see possibilities where before, I saw only obstacles. Oyo was where I encountered people, events, and circumstances which challenged my prejudices and myths about living with hearing loss. Suddenly, I realized what great disservice I had been doing myself and humanity by failing to keep an open mind.
Now, I’d be realistic, and not try to paint a romantic portrait of being deaf. Sure, the experience comes with more crosses than could be just wished away. The key to managing this disability (like any other disability) lies in learning to focus on the sunny side – a skill that requires enlightenment and positive attitudes.
Below, I narrate the beautiful experience which inspired this piece.
AN AFTERNOON WITH A BLESSING IN DISGUISE
Every adversity carries within it the seed of an equivalent or greater benefit – Napoleon Hill
We sat on the cool, breezy verandah of one of the blocks of classrooms at her place of work on that hot Tuesday afternoon happily chatting away. Blessing was a lady friend from our days at College. I met her through another friend towards the tail end of her final year. The rapport was swift – thanks to her easy-going aura. She was dark-skinned and attractive in it. Slender, petite built, her rather small face bore large, oval eyes, attractively pointed nose and naïve, charming smiles which reveal a fine set of tiny dentition. Her facial and body features blended superbly. Needless to say, I was wowed by this winsome deaf lady.
But what impressed me most about Blessing was the amiable and easy going aura about her. Being deaf and without speech never seemed to bother nor crease her countenance! Cheerfulness and an easy-going personality were her brand.
The last we saw was some two or three years ago, so this reunion came with palpable excitement (the heart, they say grows fonder in absence). Old memories from college were rehashed. We threw hilarious jokes and laughed. Every bit of the moment was savoured. Then, it was time to part. The generous soul that she is, Blessing offered to walk me to the main road and get some light refreshments.
MARKETING THE DEAF BRAND
As we headed towards the gate, we drew curious gazes every now and then. A deaf pair, a beautiful, deaf lady and a young man (both decently attired), and chatting away in an odd, visual language certainly wasn’t a common sight in this community. “A cool pair of love birds”, these stereotypes must have concluded. Anyway, I was enjoying the special attention, give or take. Mulling it over, it still amazes me that just a few years back, I wouldn’t be caught napping identifying as deaf by signing in public. Quite a metamorphosis! Talk about branding Disability.
At the kiosk where we got some snacks and drinks, we struck instant friendships – thanks to this beautiful deaf girl with a great aura that an inability to either speak or hear couldn’t conquer. We didn’t have to pay. A young man we were meeting for the first time insisted on picking our bill. He was bowled over. It was obvious from his reaction that this was his first encounter with a combination of deafness with good looks, polite behavior, and cheerful demeanor in a human being. Guy went on to improvise a way to say: “you are beautiful”. So much for branding.
As we bade each other goodbye that day, my contemplative mind went to work in a bid to make deeper sense of this experience of living with deafness in a predominantly hearing world. I came away with the belief that for PWDs, it hasn’t been all discrimination. My philosophical mindset began to ponder on the many possibilities to be discovered in maintaining a positive attitude, keeping an open mind, and carrying our disabilities with individual originality and confidence.
Yes, living with disability comes with more silver linings than are readily apparent. It’s up to Persons with Disabilities to discover and explore this often hidden truth – which will ultimately set free!
THE MILITARY GOVERNOR OF LAGOS STATE V OJUKWU AND ANOR.
Suit No: SC.241/1985
Before Their Lordships
ANDREWS OTUTU OBASEKI Justice of the Supreme Court
KAYODE ESO Justice of the Supreme Court
MUHAMMADU LAWAL UWAIS Justice of the Supreme Court
SAIDU KAWU Justice of the Supreme Court
CHUKWUDIFU AKUNNE OPUTA Justice of the Supreme Court
The facts of the case are as follows.
On October 10th 1985, Emeka Ojukwu (respondent) made an ex-parte application at the High Court of Lagos state before Omotosho J, he sought an injunction restraining the Military Governor of Lagos state, the Commissioner of Police Lagos state and The Attorney General of Lagos state from ejecting him (Ojukwu) and his family members from No 29 Queens Drive Ikoyi, to which he referred to in his application to the Court as his house.
The interim order which Ojukwu sought from the court was only meant to operate for a specific time pending when the issues before the court would be determined. Ojukwu affixed an affidavit in which he swore before the High Court that the house belonged to his father after whose death he inherited the house.
He further deposed on oath that during the civil war which lasted from 1967-1970 where he led the Biafran army against Nigeria, the house was unoccupied all through the war and although the war ended in 1970 he only came back to Nigeria from exile in 1982 after he had been granted full pardon by the Federal Government of Nigeria. Ojukwu moved back to the house after having paid the sum of ninety thousand naira to the Lagos state government for "expenses incurred by the said government in keeping the house", and also that all members of his family had been residing in the house before the case at hand was instituted before the court.
The trial Judge granted the interim order for injunction on the grounds of his ownership of the house and the looming fears of the government evicting him. The matter then moved to one of notice to the Lagos state government, Ojukwu would then change his words. He now said that the property belonged to Ojukwu Transport Company which was owned by his late father and that the ninety thousand naira was paid to agents who were in charge of the property for the purpose of securing a lease of the property.
The trial judge refused equitable relief of injunction against the Lagos state government on the ground that the property is an abandoned property and that Ojukwu failed to sufficiently prove that he had a legal right to or interest in the said property. In conclusion the learned Trial judge asserted that Ojukwu himself had not come to equity with clean hands.
After this case was decided at the trial court and judgment given an application was made by Ojukwu Transport Company as an interested party in the case asking for leave to appeal against the judgment of the high court and also an application by Ojukwu that he be reinstated at his residence No 29 queens Drive Ikoyi. The court paid attention to the prayer of the appellant and particularly frowned at the fact that the Lagos state government evicted Ojukwu from his residence despite the fact that his application was pending before the Court of Appeal, this action the state government termed "self-help", the court came to the conclusion that the right to self-help ended when the issues came before the court, the court then ordered that Ojukwu be reinstated into the property.
It is noteworthy however to point out that the Lagos state government refused to comply with the order of the court of appeal The order was made on 13th November 1985 and was in the following terms -
(ii) "Pending the determination of the appeal of the applicant against the said decision, against the respondents and in favour of the applicant an order of mandatory injunction restoring the applicant in his residence at No. 29, Queen's Drive, Ikoyi, Lagos, and restraining the respondents and all their officers, servants, agents, and functionaries from evicting or taking any steps to evict the applicant from his residence at No. 29 Queen's Drive, Ikoyi, Lagos."
Rather than comply with the order of the court the Lagos state government appealed on November 22nd to the Supreme Court on the ground that "the remedy of interlocutory injunction is not available for an act which has been carried out and concluded"
Basically what this argument meant was that the act which the interlocutory injunction was sought against had been carried out already by the Government when it made ordered about one hundred and fifty men in arms to evict the appellant, or Or to put 'it in more legal form, carried out as a way to forestall the decision of the Court of Appeal against which an appeal is now being lodged to this Court (Supreme Court) The Lagos state Government then applied to the court of Appeal seeking an order pursuant to section 18 of the court of appeal Act for a Stay of execution of the mandatory injunction granted to Ojukwu.
Kolawole J.C.A. delivering the ruling of the Court of Appeal said inter alia -
"If the appeal of the State Government is successful the respondent can be ejected by due process of law. In this regard Chief Williams has shown magnanimity by offering an undertaking in damages by way of rental income if the State Government is successful in its appeal.
In that regard no stay would be granted. Learned Attorney-General contended before us that as Chief Ojukwu is a trespasser at 29 Queen's Drive Ikoyi, the State Government is not prepared to accept any undertaking in damages in the form of rental income from him."…..
Having regard to the status of irremovability acquired by Ojukwu after the judgment of this Court, it follows that the Lagos State Government is not entitled to a stay of execution because it never made out any special circumstances upon which to grant the stay. (See Keaves v. Dean (1924) 1 K.B. 685 at 686). The prayer for stay of execution is therefore refused and the application is dismissed."
In the same Court, Ademola J.C.A. in a concurring ruling, said- "This Court in an earlier ruling had taken the view that it was wrong to eject the respondent by force under the doctrine of self-help.
The Lagos State Government still failed to comply with the order of the Court of Appeal. And I think it is this dreadful situation that prompted Chief F.R.A. Williams S.A.N. learned counsel for Ojukwu to file his notice of preliminary objection dated 11th December. I have already set out this notice earlier on in this Ruling. We heard the two applications together.
Mr. Adelosoye the learned Solicitor General for the Lagos State pleaded for a restoration of the status quo ante the judgment of the High Court. He said Ojukwu had been in occupation for 10 months before the Lagos State Government got to know of his occupation.
Chief Williams for his part emphasized the deliberate disobedience of the order of the Court of Appeal by the Lagos State Government and that that Government was in contempt of the Court of Appeal.
I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the Court further by seeking a remedy in a higher court while still in contempt of the lower court.
It is more serious when the act of flouting the order of the court, the contempt of the court, is by the Executive. Under the Constitution of the Federal Republic of Nigeria, 1979, the Executive, the Legislative (while it lasts) and the Judiciary are equal partners in the running of a successful government.
The powers granted by the Constitution to these organs by s.4 (Legislative powers) s.5 (executive powers) and s.6 (judicial powers) are classified under an omnibus umbrella known under Part 11 to the Constitution as "Powers of the Federal Republic of Nigeria".
The organs wield those powers and one must never exist in sabotage of the other or else there is chaos. Indeed there will be no federal government. I think, for one organ, and more especially the Executive, which holds all the physical powers, to put up itself in sabotage or deliberate contempt of the other is to stage an executive subversion of the Constitution it is to uphold. Executive lawlessness tantamount to a deliberate violation of the Constitution.
When the Executive is the Military Government which blends both the Executive and the Legislative together and which permits the Judiciary to co-exist with it in the administration of the country, then it is more serious than imagined.
By virtue of the Constitution (Suspension Modification) Decree 1984 No. 1 a good number of the provisions of the Constitution were suspended. Indeed, what was left was what had been permitted by the Federal Military Government to exist.
All the provisions relating to the Judiciary were saved. Section 6 of the Constitution, the most important provision, in so far as the institution known as the Judiciary is concerned, which vests in courts the judicial powers of the Federation was left extant. The Military Government had the power and still has to put an end to the existence of that provision, It has not done so, and that must have been advisedly for it does intend that the rule of law should pervade.
That being the case, it behoves of every organ of the Military Government to make it clear at all times, albeit as the presumption is always that of rule by might of the military, to assume a perennial onus of demonstrating a rebuttal of this onus.
With the contempt of the Court of Appeal by the Applicants still subsisting, it would he inequitable for this Court to give a consideration to the application of the Applicants. Let the Lagos State Government purge itself of this serious contempt, of this apparent violation of the Constitution even as amended by Decree No. 1 of 1984 before coming to seek the favour of the Court.
Another very important matter emanating from the act of the applicants. They have no right to take the matter into their own hands once the court was seized of it. The essence of rule of law is that it should never operate under the rule of force or fear. To use force to effect an act and while under the marshal of that force, seek the court's equity, is an attempt to infuse timidity into court and operate a sabotage of the cherished rule of law. It must never be.
It is for these reasons that I dismissed the application of the applicants- The Military Governor of Lagos State, the Commissioner of Police Lagos State and the Attorney-General Lagos State on 11th December 1985 and so be it. JUSTICE KAYODE ESO J.S.C
Cogent decisions on points of law in the case by the learned Justices of the Supreme Court are affixed below:
OBASEKI J.S.C on The Doctrine of Rule of law
"The Nigerian Constitution is founded on the rule of law the primary meaning of which is that everything must be done according to law. It means also that government should be conducted within the frame-work of recognized rules and principles which restrict discretionary power which Coke colourfully spoke of as 'golden and straight metewand of law as opposed to the uncertain and crooked cord of discretion' More relevant to the case in hand, the rule of law means that disputes as to the legality of acts of government are to be decided by judges who are wholly independent of the executive. See Wade on Administrative Law 5th Edition p. 22-27. That is the position in this country where the judiciary has been made independent of the executive by the Constitution of the Federal Republic of Nigeria 1979 as amended by Decree No. 1 of 1984 and No. 17 of 1985. The judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law. It is both in the interest of the government and all persons in Nigeria. The law should be even handed between the government and citizens."
UWAIS J.S.C.:
I had the advantage of reading in advance the reasons for ruling read by my learned brother Eso, J.S.C. I entirely agree with the reasons given by him. When we dismissed this application on 16th December, 1985, I expressed my concern on the failure of the applicants to comply with the order made by the Court of Appeal that the possession of the house in dispute should be restored to the respondent. I think I should still stress that it is a matter of grave concern that the Military Government of Lagos State should be seen to disregard a lawful order issued by a court of law. If Governments treat court order with levity and contempt the confidence of the citizen in the courts will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law. If anyone should be wary of orders of court it is the authorities; for they, more than anyone else, need the application of the rule of law in order to govern properly and effectively. It is for these and the fuller reasons given by my learned brother Eso, J.S.C. that I dismissed the application on 16th December, 1985 with N25.00 costs to the respondent.
At a time when the drive for better inclusion of a marginalized section of society (Persons with Disabilities) is gaining speed the world over, it is sad to witness religious institutions (by their very nature and calling supposed to be shining examples in this just cause) acting with apparent indifference.
Whether this is happening unintentionally or otherwise, I do not know. One thing I know: the situation calls for urgent redress.
In June last year, I was at the headquarter church of one the country’s leading Pentecostal denominations for Sunday worship service. It was my first time. Among the features that caught my attention on that first visit was the sheer size of the location, the state of the art equipment in use, the warm welcome of public relations staff, the fine show of opulence (children of the King are not supposed to be poor), and the generally conducive ambience. With these and more on ground, i was eager to settle down to quality time in Divine fellowship.
Alas, that wasn’t to be.
Fustration began when I made it clear to attendants that as a deaf person, I required sign language interpretation to easily assimilate spoken communication. In other words, without it, I couldn’t really benefit from the sermon and other parts of the service.
Ordinarily, one would expect the headquarter church of a denomination of such status to have ready arrangements to cater to the language needs of all kind of attendees at any given time. Also, it is a “no-brainer” that this mammoth religious organization has the capacity for that – and more. So, I was both surprised and disappointed to discover that in that audience numbering into hundred of thousands, there couldn’t be found interpreting services for the deaf and hard of hearing. I will never forget the rollercoaster of emotions of embarrassment, indignation, and disappointment I experienced that day.
The matter got more ridiculous when it became clear that even the ushers were not sure whether or not there was provision for such special need. I still recall an usher walking me almost the circumference of that expansive auditorium asking for, I will say, a nonexistent section for the Deaf.
At the end of the stress and embarrassment, all I got were some pacifying words.
Although it’s almost a year since that encounter, I am still trying to grasp why one couldn’t find a deaf person in that huge crowd of worshippers. Even if there was, there was no sure way to tell. Furthermore, the various responses and reactions clearly showed that these people are not used to having deaf brethren in their worship meetings. One may therefore understand why they appeared clueless in such situation.
Years earlier, I had a similar experience at a branch of same church where I again happened to be the lone deaf person. After much frustration, I somehow took the matter to the head pastor. Unfortunately, nothing concrete came out of it.
PERTINENT QUESTIONS
At this point, some pressing questions arise. Why, for example, was there no single deaf person in those congregations? Could it be that no deaf person is interested in worshipping there? I don’t think so. Again, could it be that the church inadvertently threw them out through non-chalant attitudes – no provision for their language needs, for example? As if to validate this reasoning, among the three or so top church names in the country, this is the only one of which I have heard practically nothing about a deaf section/ deaf persons. Oddly enough, a friend once said that this particular church has a policy of not accommodating deaf worshippers – insisting on the power of God to heal all infirmities. Well, I choose not to believe such outrageous claim until it is proven beyond doubt. My position is that in the mix of things is a lack of vital information, proper enlightenment and correct orientation that could have made a world of difference.
By beaming a searchlight on possible reasons for the marked absence of deaf brethren in that congregation of believers, we will understand that this kind of thing don’t just happen. It follows the law of cause and effect – some of which we may not know. From the known, I offer a fact: “It is unreasonable to expect a people whose unique communication needs have not been provided for to happy in, or want to be in any type of gathering – not the least, religious ones. I write from experience.
Let’s be clear about it, this unsavory non-inclusion of a disadvantaged minority in our worship places isn’t limited to one big name church. It cuts across churches, mosques, etc.
Nor is the case being made only for deaf persons and sign language interpreting services. No! It covers just about every cluster of People with Disabilities (PWDs) whose rights and human dignity are being denied/trampled on one way or the other. Consequently, there’s a steady build up of a disgruntled set of worshippers who feel ignored disrespected and insulted. This is a dangerous trend that needs to be checked.
What’s more, if we will see it for what it is, this subtle injustice stands in stark contrast to the spirit and letters of the holy writs of all the religions.
CHARTING THE WAY FORWARD
In recommending the way out of the present quagmire, we need to be fair.
“He that comes to the table of equity must come with clean hands”.
We need to acknowledge that this subject of inclusion is a knotty one – complex and complicated. It should be mentioned too, that either side could be at fault in this matter. Most often than not, the conflicts, dissatisfactions, blame trading and grudge bearing driving the “Inclusion narrative” have their root in a lack of enlightenment on the subject of disability, ignorance, ‘far off the mark' assumptions and speculations, differences in perspectives, poor awareness level, prejudice and other indices of human failings and limitations.
Personally, I hold the belief that people are basically good (more so, from the context of places of worship where godliness and piety is the norm) and wouldn’t just go about hurting feelings and infringing on rights of PWDs. You see, when good humans derail and offend in this matter, it’s often because they don’t know how to navigate this rather tricky terrain, so rife with sensitive egos, stereotypes and fragile emotions. Notwithstanding, in law, as they say, ignorance is not an excuse. So, here’s the home truth: “our places of worship need to invest on getting educated and enlightened on the subject of Disability and PWDs. Both leaders and laity need it.
Expert knowledge and advice should be sought from Organizations of Persons with Disabilities (OPDs) and other reliable sources.
Recommendations should be implemented with efficiency.
Special trainings and seminars should be held.
There should be brainstorming sessions where experts in various fields of human endeavors bounce off ideas on the way forward.
An important caveat though: the people in the eye of the storm, namely, PWDs, should be carried along every step of the way.
Despite being a minority, the case of these marginalized persons is worth all due attention. And I’m convinced our religious stakeholders are fair-minded enough to grasp the substance of the parable of the shepherd with a hundred sheep leaving the ninety and nine to seek the one that went astray.
Enough of this subtle non-inclusion.
In dependence
We felt the bitter pangs of hunger
Hunger that brought tears to the eyes
Eyes that cried for deliverance
Deliverance that was well hidden
Hidden in our roots
Roots that were looted.
In dependence
We cried for justice
Justice that never came to us
Us; Africans
Africans from Botswana to Uganda
Uganda to Mali to Tunis
Tunis to Zimbabwe to South Africa
South Africa to Sierra Leone to Nigeria
Nigeria: the proclaimed giant of Africa.
In dependence
We felt our blood flowing
Flowing deep from our wounds
Wounds from whips and abuse
Abuse of power by the masters
Masters whom we rebelled against and fought
Fought but never conquered.
In dependence
We feel we are independent
Independent yet we are not liberated
Liberated from slavery and anguish
Anguish suffered by the masses
Masses who have suffered
Suffered in the hands of the country that bore us.
In dependence
We celebrate victory
Victory of millions living in poverty
Poverty the father of mischief
Mischief our means of survival
Survival, our striving and struggling
Struggling but never achieving.
In dependence
Our hearts are wounded
Wounded enough to make us crouch
Crouch and beg till we stop living
Living and dying in the darkness of our country
A country that has refused to help its children
Children: the ones that die before seeing the day.
In dependence
We have sang and written
Written letters upon letters
Letters to help us see the light
Light that is covered by darkness
Darkness that lays deep down in our hearts
Hearts that never rise
Rise above the boundaries set.
In dependence
We kill each order
Orderly we are disorderly
Disorderly we have lost our voices
Voices that are being stumped
Stumped till they die early
Early, the good ones die.
In dependence
We are writing again
Again, we are celebrating
Celebrating the dead giant gallantly
Gallantly, we will hold our heads up
Up above so we will rise
Rise like we never have.
In dependence
We hope we will become independent
Independent of hunger... Of terrorism
Terrorism, discrimination and inequality
Inequality of the citizens
Citizens that are buried deep
Deep under the ground of the powerful.
In dependence
We pray
Pray and act
Act and hope
Hope that we will be okay
Okay to celebrate a real independence
Independence without being in dependence.
Happy Independence Day.
A. M. M. Winnie
#poetic hood
#legal exponents
#Ifelaw
#OneNigeria
Karimu Sunday v. The state
Judgement delivered by the Supreme Court of Nigeria on 5th of May, 2017.
INTRODUCTION:
This appeal borders on criminal law and procedure.
FACTS:
This is an appeal against the judgment of the Court of Appeal, Ibadan Division wherein the Court dismissed the appeal of the accused/appellant after his conviction and sentence by the High Court of Ogun State.
At the High Court of Ogun State, it was alleged that the appellant who was wearing a black cap, black goggles and a black handkerchief which covered his mouth, on 09/03/04, at about 5pm, went to a cement shop in Ijebu-Igbo, owned by one Ramotalai Alege (PW1), on a motorcycle. Upon arriving at the shop, the appellant alighted from the motorcycle and asked the rider, one Alaba Adesina, to wait for him. The appellant was alleged to have entered the shop on the pretext of purchasing 70 bags of cement from PW1. The appellant requested the cost of the bags of cement and as PW1 was about to take out a calculator from her bag, the appellant was alleged to have snatched her bag containing N3,600 and bolted out of the shop. The appellant then jumped onto a waiting motor cycle in a bid to escape with PW1 in pursuit. The appellant then threatened PW1 with a dagger which he pulled from his back pocket, but PW1 then began to shout for help, which attracted people to the scene. According to PW1, when people started coming to the scene, the person who was waiting with the motor cycle tried to move away with the appellant, but PW2 pulled down the motor cycle and the appellant jumped down and started running away. However, the appellant and the rider were eventually apprehended by concerned bystanders, including an off-duty policeman, who had been alerted by the alarm raised by PW1 and PW2. The rider was apprehended at the scene of the crime, while the appellant was arrested a short distance from the scene of the crime. Upon his arrest, the appellant was taken to the police station along with PW1 and PW2, and the rider of the motor cycle. At the station, the appellant made an extra judicial confessional statement.
At the trial, the appellant pleaded not guilty to the charge. The appellant testified in his own defence but called no other witnesses in support of his case. The appellant however made a bare denial of the charge and sought to retract his extra-judicial confessional statements on the ground that he did not write it. The appellant however, admitted to appending his signature to the confessional statements after they had been read to him by the Police.
The learned trial judge held that the prosecution had proved its case beyond reasonable doubt and convicted the appellant and sentence him to death by handing. Aggrieved by the decision of the High Court, the appellant filed an appeal at the Court of Appeal seeking orders quashing his conviction and the sentence of death passed on him. The Court of Appeal dismissed the appellant's appeal and affirmed his conviction and the sentence of death passed on him by the trial Court under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act. The appellant, aggrieved with this decision filed a Notice of Appeal against the decision of the Court of Appeal.
ISSUES:
The appellant distilled four issues for determination. The respondent distilled a sole issue for the determination of the appeal. The Court noted that the single issue of the respondent clearly covers all aspects of questions that need be answered in the determination of the appeal and so the Court adopted the issues formulated by the respondent for the determination of the appeal.
SOLE ISSUE:
This raises the question whether the Court of Appeal or Court below rightly held that the prosecution proved the offence of armed robbery against the appellant beyond reasonable doubt.
DECISION/HELD:
On the whole, the Court held that the appeal lacks merit and it was thereby dismissed. The Court affirmed the decision of the Court of Appeal in its affirmation of the judgment, conviction and sentence of the Accused/Appellant.
OPINION
There issues in the above case will be considered.
1. Was the sentence proportionate to the offence?
2. Did the Courts apply any rule of interpretation to Section 1(2) of the Robbery and Firearms Act?
3. The appeal to the Supreme Court. The appeal against Conviction. Why not the sentence?
The Robbery and Firearms Act clearly specifies the penalty for armed robbery as death by hanging. However, the accused only brought a dagger. The Courts could have realised that no one was stabbed. He only threatened with a dagger and the full wrath of the law is on him. Nothing got spoilt and destroyed then life must go on. The writer opines that he could have gotten a lesser sentence.
On the rule of interpretation the Courts employed, it seems the literal rule. Juris novit curia- it is for the Courts to know the law. Apparently, the penalty for Armed Robbery is death but liniency is in the sceptre of the Courts. Flexibility and reformative justice must be behind every the dispensation of criminal justice. We must have in mind that other things would influence the decision of the Courts.
On the appeal against Conviction, it could have been better if the appeal was against the sentence. The confessional statement of the accused and other evidences pinpoint the fact that he was indeed guilty. Thus, an appeal should have been for mitigation of sentence.
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