Drama OF COURT WEDDING (2)
(Inside the Airplane, Barr. Ojulari and Mr. Mellow, his friend sit beside each other, Barr. Ojulari wake from a short nap).
BARR. OJULARI: (He makes a loud sound as he yawns), Friend! Are we still in the air?
MR. MELLOW: Yes, is that why you want to swallow us before? You sleep for only 35 minutes and you are asking me illegal question. Abeg get at!
BARR. OJULARI: Why this sarcasm, abi you wan kolet? (He gives him a light blow on his tigh).
MR. MELLOW: Please, if someone intentionally touches or gives someone a blow, what is the implication of that in your law?
BARR. OJULARI: Huh! Someone who touches or gives someone a blow intentionally in a way that is not authorized by the victim has committed BATTERY in (Torts) law. [1]
MR. MELLOW: Good! You have just given me a blow now and you have committed a BATTERY in (Torts) law. I must engage the service of a lawyer immediately after we get back to Nigeria to sue you to Court.
BARR. OJULARI: (Laughs loudly) You have learnt so much in law, but you can’t sue your lawyer na! Okay! I’m guilty as charged, what is my sentence?
MR. MELLOW: If you don’t want to be sued, can we continue our discussion?
BARR. OJULARI: I’m not afraid to be sued, but you can continue with your question, you this old professor.
MR. MELLOW: When they bring a case of divorce to the front of a judge, can’t that judge help them to settle the matter so that they can remain happily married?
BARR. OJULARI: It seems you have a special interest in matrimonial matter. Well! The judge can help to settle it, in fact, he can act as a conciliator to the to help them to settle their dispute amicably [2].
MR. MELLOW: I think that is good.
BARR. OJULARI: But if the judge that acted as a conciliator to settle a Matrimonial dispute between a husband and wife is unable to settle the matter amongst them, he can not go on with the hearing of the case anymore[3].
MR. MELLOW: Ah! Ah!!
BARR. OJULARI: Yes now, unless both of the couple request that the same judge should continue with the hearing of their case[3], if not, the case will be appointed to another judge.
MR. MELLOW: This Statutory marriage or whatever you call it, does it even have any benefit under the law for whoever did it?
BARR. OJULARI: Yes! One of the benefits is that, no husband and wife of statutory marriage can be sued to court for the offence of CONSPIRACY[4]
MR. MELLOW: Ehn ehn!
BARR. OJULARI: Even if one of them helps the other to escape after committing a crime, he/she can not be criminally liable for the offence of ACCESSORY AFTER THE FACT.
MR. MELLOW: Wow!
BARR. OJULARI: Another one is that, if a husband sells his wife’s property, the wife can not sue his wife to court. [5]
MR. MELLOW: Meaning that if either wife or husband sells his/her partner’s property like car, house, land e.t.c, it can not be entertained in court if the affected partner is aggrieved with the action.
BARR. OJULARI: Yes, it is not actionable both in civil or criminal court.
MR. MELLOW: I will like to conduct statutory marriage when I want to marry my second wife.
BARR. OJULARI: (laughs) Do not try it, it is not advisable.
MR. MELLOW: Why?
BARR. OJULARI: If anyone had already conducted a native marriage and later conduct statutory marriage with another woman, he shall be liable to imprisonment for five years [6].Even the second woman that such a person get married to will also be imprisoned for five years. [7]
MR. MELLOW: Ah! Ah! Why na?
BARR. OJULARI: Statutory marriage is decorated for monogyny, you can not do it and have two wives at the same time, to do that, you must dissolve the first marriage unless, they will just dash you 5 years. (Both of them laugh, Mr. Mellow clenches his fist menacingly to Barr. Ojulari to make as if he wants to give him a blow while Barr. Ojulari attempts to defend it)
MR. MELLOW: Abi you wan collect?
BARR. OJULARI: Huh! Nice one! By drawing your fist against me to make me fear that you may punch me with a blow, it is called ASSAULT in (Torts) law[8], I can also sue you to court for it!
MR. MELLOW: Well play, you have equalised my score, no loser no winner. Oya dey your dey make I dey my dey.
REFERENCES
[1] Kodilinye and Aluko, “The Nigerian Law of Tort”, Rev. Ed., Spectrum Law Publishing, Ibadan, 1996, p12
[2] Section 11 (b) of the Matrimonial Cause Act
[3]. Ibid., Section 12
[4]. Sectio 34 of the Criminal Code Act
[5]. Ibid., Section 36
[6]. Section 46 of the Marriage Act
[7]. Section 39 of the Marriage Act
[8]. Kodilinye and Aluko, “The Nigerian Law of Tort”, Rev. Ed., Spectrum Law Publishing, Ibadan, 1996, p12
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ABDULRAUF Abdullahi Adebayo, is a Law student, a Certified Teacher , a Content Creator , a Dynamic Writer and a Ghost Writer. He can be reached via +2349034904883 and [email protected]
