Sir Benard Oche

10/06/2024

#3

ETFs - what are they, how do they work, and why do they exist?! 🧠

We took it upon ourselves to answer these questions using the Explain it Like I’m 5 (ELI5) approach. 📚✏️

Following the recent approval of Ethereum Spot ETFs in the U.S., we wanted to give you a thorough, yet easily digestible explanation of this often confusing term. 🇺🇸

We invite you to join us and discover why ETFs are the talk of the industry! 📖💡

🔗 Read blog here - https://blog.cex.io/education/demystifying-bitcoin-ethereum-etfs-34671

14/05/2024

14/05/2024

The Truth about 'Michael' the Dadin Kowa, Jos su***de bomber arrested yesterday at UBA Dadin Kowa :
The young man joined the queue at the bank and wrote a note to the teller, telling him he is strapped with a bomb , he needs 100 million or he detonate the bomb.
The 'teller' calmly communicated to the bank authorities who professionally opened the exit door for customers. They told him they were making arrangement for the 100 million. The bank called security and on arrival, a warning shot was fired. The shot scared the boy and he ran outside showing security his strapped body or he detonate the bomb. At first, security and passer buys ran away but they later summoned courage and chased after him. That was when it was discovered it was a fake bomb ladened with cellotape and plastics.
On interrogation, he told the security he's from Edo and arrived Jos last year. He stays in staff college and a raid of his room showed machetes, plastics, cellotape and other items.
May Almighty God continue to expose perpetrators of dastard acts like this. Amen..

14/05/2024

PENAL CODE ACT:

CHAPTER II

CRIMINAL RESPONSIBILITY

43. A person is presumed, unless the contrary is proved, to have knowledge of a material fact if that fact is a matter of common knowledge.

44. A person who does an act in a state of intoxication is presumed to have the same knowledge as he would have had if he had not been intoxicated.

45. Nothing is an offence which is done by a person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law, in good faith believes himself to be justified by law in doing it.

Illustrations: (a) A an officer of a court of justice being ordered by that court to arrest Y and after due enquiry believing Z to be Y arrests Z. A has committed no offence.

(b) A sees Z commit what appears to A to be culpable homicide. A in the exercise to the best of his judgment exerted in good faith of the power which the law gives to all persons of arresting murderers seizes Z in order to bring him before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self defence.

46. Nothing is an offence which is done by a person when acting judicially as a court of justice or as a member of a court of justice in the exercise of a power which is or which in good faith he believes to be given to him by law.

47. Nothing which is done in pursuance of or which is warranted by the judgment or order of a court of justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding that the court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the court had the jurisdiction.

48. Nothing is an offence which is done by accident or misfortune and without any criminal intention or knowledge in the course of doing a lawful act in a lawful manner by lawful means and with proper care and caution.

49. (1) Nothing is an offence by reason of any injury which it may cause or be intended by the doer to cause or be known by the doer to be likely to cause, if it be done without any criminal intention to cause injury and in good faith for the purpose of preventing or avoiding other injury to person or property or of benefiting the person to whom injury is or may be caused:

Provided-

(a) that, having regard to all the circumstances of the case, the doing of the thing was reasonable; and

(b) that, where the circumstances so require, the thing is done with reasonable care and skill.

(2) This section shall not apply to the intentional ,causing of death or to the attempting to cause death in order to prevent or avoid injury to property only except as is provided for in section 66 of this Penal Code,

(3) The death of a person shall under no circumstances be deemed to be for the benefit of that person,

(4) Mere pecuniary benefit is not benefit within the meaning of this section.

Illustrations: (a) A passenger train traveling at a high speed is approaching a stationary passenger train upon the same line of rails. A railway employee, as the only means of preventing a collision which would probably involve the lives of many passengers, switches the moving train into a siding. The employee is not guilty of an offence if in all the circumstances his act was reasonable, although a fatal though less serious accident will probably result and a fatal accident in fact occurs.

(b) A in a great fire pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it is found that in the circumstances A's act was reasonable A is not guilty of an offence.

(c) (i) A a surgeon knowing that a particular operation is likely to cause the death of Z, who suffers from a painful complaint, but not intending to cause Z's death and intending in good faith Z's benefit performs that operation.

Z dies in consequence of the operation. If the operation is one which in all the circumstances it was reasonable for A to perform and it is performed with reasonable care and skill, A has committed no offence.

(ii) If through drunkenness the operation is performed unskillfully. A is not protected by this section.

(iii) Whether Z (or some competent person on his behalf) has consented to the operation or not, is a material circumstance in judging whether it was reasonable to peiform the operation.

(d) Z is seized by a crocodile. A fires at the crocodile not intending to kill Z and in good faith intending Z's benefit. In fact A kills Z. A has committed no offence.

50. No act is an offence which is done- Act of child.

(a) by a child under seven years of age; or .

(b) by a child above seven years of age but under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequence of that act.

51. Nothing is an offence which is done by a person who. at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

52. Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication caused by something administered to him without his knowledge or against his will, incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

53. (1) No act is an offence by reason of the injury it has caused to the person or property of a person who, being above the age of eighteen years, hasvoluntarily and with understanding given his consent express or implied to done by that act.

(2) This section shall not apply to acts which are likely to cause death or grievous hurt, nor to acts which constitute offences independently of any injury which they are capable of causing to the person who has given his consent or to his property.

54.Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to a person for whose benefit it is sent for a per- done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

55. (1) Nothing is an offence which does not amount to the infliction of child, pupil, grievous hurt upon a person and which is done-

(a) by a parent or guardian for the purpose of correcting his child or ward that child or ward being under eighteen years of age; or

(b) by a schoolmaster for the purpose of correcting a child under eighteen years of age entrusted to his charge; or

(c) by a master for the purpose of correcting his servant or apprentice, the servant or apprentice being under eighteen years of age; or

(d) by a husband for the purpose of correcting his wife such husband and wife being subject to any customary law in which the correction is recognized as lawful.

(2) No correction is justifiable which is unreasonable in kind or in degree, regard being had to the age and physical and mental condition of the person on whom it is inflicted; and no correction is justifiable in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.

56. No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Illustration: A a surgeon in good faith communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence.. though he knew it to be likely that the communication might cause the patient's death.

57. Except culpable homicide and offences against the State punishable with death, no act is an offence which is done by a person who is compelled to do it by threats which at the time of doing it reasonably cause the apprehension that instant death to that person will otherwise be the consequence:

Provided that the person doing the act did hot, of his own accord or from apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to that compulsion.

58. Nothing is an offence by reason that it causes or that it is intended to cause or that it is likely to cause an injury if that injury is so slight that no person of ordinary sense and temper would complain of the injury.

The Right of Private Defence

59. Nothing is all offence which is done in the lawful exercise of the right of private defence.

60. Every person has a right subject to the restrictions hereinafter contained, to defend

(a) his own body and the body of any other person against an offence affecting the human body;

(b) the property whether movable or immovable of himself or of any other person against any act, which is an offence falling under the definition of theft, robbery, mischief, or criminal trespass or which is an attempt to commit theft, robbery mischief or criminal trespass.

61. When an act, which would otherwise be a certain offence is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act or by reason of a misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Illustrations. (a) Z under the influence of madness attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

(b) A enters by night a house which he is legally entitled to enter. Z, in good faith taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.

62. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.

63. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

64. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done or attempted to be done-

(a) by a public officer doing an act justifiable in law and in good faith; or

(b) by the direction of a public officer acting lawfully and in good faith.

EXPLANATION. A person is not deprived of the right of private defence against an act done or attempted to be done

(a) by a public officer as such unless he knows or has reason to believe that the person doing that act is a public officer, or

(b) by the direction of a public officer, unless he knows or has reason to believe that the person doing the act is acting by that direction or unless the person states the authority under which he acts or, if he has authority in writing, unless he produces that authority if demanded.

65. The right of private defence of the body extends, under the restrictions mentioned in sections 62 and 63 of this Penal Code, to the voluntary causing death only when the act to be repelled is of any of the following descriptions, namely-

(a) an attack which causes reasonable apprehension of death or grievous hurt; or

(b) r**e or an assault with the intention of gratifying unnatural lust; or .

(c) abduction or kidnapping.

66. The right of private defence of property extends, under the restrictions mentioned in sections 62 and 63 of this Penal Code, to the voluntary causing If death only when the act to be repelled is of any of the following descripions, namely-

(a) robbery; or .

(b) house-breaking by night, or

(c) mischief by fire committed on any building, tent or vessel, which building tent or vessel is used as a human dwelling or as a place for the causing custody of property; or

(d) theft, mischief, or house trespass in such circumstances as may reasonably cause apprehension that, if such right of private defence is not exercised, death or grievous hurt will be the consequence.

67. If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

Illustration: A is attacked by a mob which attempts to kill him. He cannot effectually exercise his right of private defence without firing on the mob and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

13/05/2024

"Police Finally Arrests Man For Sharing The N*dés Of His 4-Year-Old Daughter Online" Spokesperson of the command, SP Chidi Nwabuzor, confirmed the arrest in a statement on Sunday, May 12, 2024.

13/05/2024

Still on the PENAL CODE ACT:
CHAPTER I

GENERAL EXPLANATIONS AND INTERPRETATION

1, Every expression, which is explained in any part of this Penal Code, is used in every part of this Penal Code in conformity with the explanation,

2. The pronoun "he" and its derivatives are used of any person whether male or female.

3.Unless the contrary appears from the context, words importing the singular number include the plural number and words importing the plural number include the singular number.

4. The word "man" denotes a male human being of any age and the word "woman" denotes a female human being of any age.

5. The word "person" includes a company or an association or a body of persons, whether incorporated or not.

(2) A child becomes a person when it has been born alive whether it has breathed or not, and whether the umbilical cord is severed or not.

6. The words "the public" include; any class or section of the public.

7. The word "magistrate" denotes a magistrate under the Criminal Procedure Code Act.

8. "court of justice" includes every civil or criminal court established by any Act or Law or deemed to be so established and every person or body of persons exercising judicial functions in the Federal Capital Territory, Abuja by virtue of any Act or Law and shall also include every court martial held in the Federal Capital Territory, Abuja under the military law in force in the Federal Capital Territory, Abuja.

9. "Judicial proceedings" includes any proceeding in the course, of which Judicial it is lawful to take evidence on oath.

10. The words "public officer" denote a person falling under any of the descriptions hereinafter following, that is to say-

(a) every person appointed by the Government of the Federation or of a State while serving the Federal Capital Territory, Abuja;

(b) every person not coming within the description set out in paragraph (a) of this section who is in the service of the Government or local authority in a judicial, or quasi-judicial, executive, administrative or clerical capacity;

(c) every commissioned officer of the Nigerian Armed Forces;

(d) every assessor or other person assisting a court of justice or a public officer exercising judicial or quasi-judicial functions, while acting in that capacity;

(e) every arbitrator or other person to whom a cause or matter has been referred for decision or report by a court of justice or by any other competent public authority, while acting in that capacity;

(f) every officer or other person not being a member who is appointed to perform a duty in connection with the discharge of its functions by a body forming part of the National Assembly.

(g) every person who is in the service of any public corporation established by any Act or Law.

EXPLANATION 1. In this section public duties include duties to be performed for the protection, preservation or promotion of the public health, order, safety or convenience and duties to be performed for the protection of the pecuniary interests of or for carrying on the work of the Federal Capital Territory, Abuja, municipal or other local authority.

EXPLANATION 2. The expression "public officer" applies to every person who is in actual occupation of the post of a public officer whatever legal defect there may be in his right to hold such post.

11. The term "armed forces" includes naval and air forces and the term "military affairs" includes affairs relating to naval and air forces and defences.

12. The words "movable property" include corporeal property of every property. description except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

13. "Wrongful gain" is gain by unlawful means of property to which the gain. person gaining is not legally entitled.

14. "Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.

15. A person is said to gain wrongfully when the person retains wrongfully as well as when the person acquires wrongfully, and a person is said to lose wrongfully. wrongfully when the person is wrongfully kept out of any property as well as when the person is wrongfully deprived of property.

16. A person is said to do a thing "dishonestly" who does that thing with the intention of causing a wrongful gain to himself or another or of causing wrongful loss to any other person.

17. A person is said to do a thing "fraudulently' or "with intent to defraud" who does that thing with intent to deceive and by means of the deceit to obtain some advantage for himself or another or to cause loss to any other person.

18. A person is said to have "reason to believe" a thing if he has sufficient cause to that thing but not otherwise.

19. (1) An act is said to be "likely" to have a certain consequence or to Likely, cause a certain effect if the occurrence of that consequence or effect would probable cause no surprise to a reasonable man.

(2) An effect is said to be a probable consequence of an act if the occurrence of that consequence would be considered by a reasonable man to be the natural and normal effect of the act.

20. When property is in the possession of a person's wife, clerk or servant on account of that person, it is in that person's possession within the meaning of this Penal Code.

EXPLANATION. A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.

21. A person is said to "counterfeit" who causes one thing to resemble another thing intending by means of that resemblance to practise deception or knowing it to be likely that deception will thereby be practised.

EXPLANATION 1. It is not essential to counterfeiting that the resemblance should be exact.

EXPLANATION 2. When a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.

22. The word "writing" denotes a mark made on paper or other substance to express words or ideas, and includes marks made by printing, lithography, photography, engraving or any other process; and the word "document" signifies any writing intended to be used or which may be used as evidence of the matter thereby expressed.

23. The words "document of title" denote a document which is or purports to be, a document whereby a legal right is created, extended, transferred, restricted, extinguished or released, or whereby the existence or the extinction of a legal right is acknowledged or established.

24. In every part of this Penal Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

25. The word "act" denotes a series of acts as well as a single act; and the word "omission" denotes a series of omissions as well as a single omission.

26. Wherever the causing of a certain effect or an attempt to cause that effect by an act or by an omission is an offence, it is to be understood that the causing of that effect or the attempt to cause that effect partly by an act and partly by an omission is the same offence.

27. A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Illustration: A sets fire by night to an inhabited house for the purpose of facilitating a robbery and thus causes the death of a person in the house. Here, A may not have intended to cause death and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.

28. Except where it otherwise appears from the context, the word "offence" includes an offence under a law for the time being in force.

29. Everything which is prohibited by law and which is an offence or which furnishes ground for a civil action is said to be "illegal".

30. A person is said to be "legally bound to do" not only whatever he is to do. bound by law to do but also everything the omission to do which by him is an offence; or furnishes ground for a civil action.

31. The word "injury" denotes any harm whatever illegally caused to a person, in body, mind, reputation, or property.

32. The words "life" and "death" denote the life or death of a human being unless it otherwise appears from the context.

33. The word "animal" does not include a human being.

34. The word "vessel" denotes a thing made for the conveyance by water of human beings or of property.

35. Wherever the word "year" or the word "month" is used it is to be understood that the year or the month is to be reckoned according to the Gregorian calendar.

36. The word "oath" includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public officer or to be used for the purpose of proof, whether in a court of justice or not.

37. Nothing is said to be done or believed in good faith which is done or believed without due care and attention.

38. Such grave and sudden provocation as under any section of this Penal Code modifies the nature of an offence or mitigates the penalty which may be inflicted shall not be deemed to include-

(a) provocation sought or voluntarily provoked by the offender as an excuse for committing an offence;

(b) provocation given by anything done in obedience to the law or by a public officer in the lawful exercise of the powers ot such public officer;

(c) provocation given by anything done in the lawful exercise of the right of private defence.

Illustrations: (a) A is lawfully arrested by Z, a police officer. A excited to sudden and violent passion by the arrest kills Z. A is not protected by sub-section (1) of section 222.

(b) A appears as a witness before Z, a magistrate Z says that he does not believe a word of A's evidence. A provoked thereby causes hurt to Z. fie is punishable under section 246 and not under section 244.

(c) A attempts to pull Z's nose. Z in self defence lays hold of A. A provoked thereby attacks Z and causes him grievous harm. A is punishable under section 247 and not under section 245.

39. A consent is not such a consent as is intended by any section of this Invalid Penal Code, if the consent is given- consents.

(a) by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of that fear or misconception; or

(b) by a person who, from unsoundness of mind or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

(c) by a person who is under fourteen years of age.

40. A person is said to "harbour" another person who has committed or intends to commit an offence or who is seeking to evade arrest when he supplies that other person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance, or assists that other in any way to evade arrest.

41. (Deleted.)

42. The words "foreign government" mean any government other than any government within the Federation of Nigeria, the government of the United Kingdom or of a commonwealth country or part thereof.

12/05/2024

Today let's begin with the PENAL CODE ACT:

PENAL CODE ACT

An Act to establish a Penal Code for the Federal Capital Territory, Abuja.

[30th September, 1960]

1. This Act may be cited as the Penal Code Act.

2. The provisions contained in the Schedule to this Act shall be the law of Federal Capital Territory, Abuja with respect to the several matters therein dealt with and the said Schedule may be cited as, and is in this Act called, the Penal Code.

3. (1) A person shall be liable to punishment under the Penal Code for an act or omission contrary to the provision thereof of which he shall be guilty within the Federal Capital Territory, Abuja.

(2) After the commencement of this Act no person shall be liable to punishment under a customary law.

4. (1) Where by the provisions of any law of the Federation the doing of an act or the making of an omission is made an offence, those provisions shall apply to every person who is in the Federal Capital Territory, Abuja at the time of his doing the act or making the omission.

(2) Where any such offence comprises several elements and any acts, omissions or events occur which, if they all occurred in the Federal Capital Territory, Abuja would constitute an offence, and any of such acts, omissions or events occur in the Federal Capital Territory, Abuja although the other acts, omissions or events, which if they occurred in .the Federal Capital Territory, Abuja would be elements of the offence, occur elsewhere than in the Federal Capital Territory, Abuja, then-

(a) if the act or omission, which in the case of an offence committed wholly in the Federal Capital Territory, Abuja would be the initial element of the offence, occurs in the Federal Capital Territory, Abuja, the person who does that act or makes that omission is guilty of an offence of the same kind and is liable to the same punishment as if all the subsequent elements of the offence occurred in the Federal Capital Territory, Abuja; and

(b) if that act or omission occurs elsewhere than in the Federal Capital Territory, Abuja, and the person who does that act or makes that omission afterwards enters the Federal Capital Territory, Abuja, he is by such entry guilty of an offence of the same kind, and is liable to the same punishment, as if that act or omission had occurred in the Federal Capital Territory, Abuja and he had been in the Federal Capital Territory, Abuja, when it occurred.

(3) Notwithstanding the provision of subsection (2) of this section it shall be a defence to the charge in any such case to prove that the person accused did not intend that the act or omission should have effect in the Federal Capital Territory, Abuja.

(4) The provisions of subsection (2) of this section do not extend to a case in which the only material event that occurs in the Federal Capital Territory, Abuja is the death of a person whose death is caused by an act or omission at a place outside, and at a time when that person was outside the Federal Capital Territory, Abuja.

5. (1) When by the Penal Code an act is declared to be lawful, no action shall be brought in respect thereof.

(2) Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed; nor shall the omission from the Penal Code of any penal provision in respect of any act or omission which before the time of the coming into operation of the Penal Code constituted an actionable wrong affect any right of action in respect thereof.

6. Nothing in this Act or in the Penal Code shall affect the court. authority of courts of record to punish a person summarily for the offence commonly known as contempt of court; but a person cannot be so punished and also punished under the provisions of the Penal Code for the same act or omission.