Drama of CRIMINAL ASSAULT
(Barrister Ojulari is driving in his new car on his way the to the Supreme Court, with him is his Legal Intern who sits beside him at the front seat)
BARR. OJULARI: If we had gone by air, we would have reached Abuja by now.
INTERN: Yes sir, in fact, it is just one hour journey. But I have never traveled by air in my life. It was one of my Learning friend that informed me about it.
(Barr. Ojulari surprisingly stare at his intern’s face to express shock on what he just said but he was surprised to see the bruises that has been inflicted on him and his swollen right eye)
BARR. OJULARI: What! Who did this to your face? Did you engage in a street fight?
INTERN: No sir (he responds as he pitifully caress his cheeks), It was some two INTELLECTUAL MURDERS that waylaid and attacked me yesternight on my way to my house.
BARR. OJULARI: Really! What did you do to them to deserve this?
INTERN: We had a misunderstanding, but because I abused them sharply by calling them INTELLECTUAL MURDERS, that was why they came to attack me. The two of them were too violent and aggressive, I couldn’t defend myself very well.
BARR. OJULARI: Abuse! Why didn’t you inform me about this earlier? Which weapon did they use to attack you, was it in the presence of some people?
INTERN: The were knocking me with blows! It was in front of many people. Some of those people were even supporting them!
BARR. OJULARI: No problem, they will soon sympathise with them when they are given due remedy of the law. Because they have intentionally strike you and you have suffered injury directly from their heinous action, both of them will be liable for the offence of BATTERY [1].
INTERN: Oh! Thanks .
BARR. OJULARI: Even if they slightly touch you intentionally without your consent, they will be liable for the offence of BATTERY[2], not to talk of raising your hands to strike you with blows and inflict injury to your body.
INTERN: I even noticed that they were more than two, they came in numbers so that if I try to defend myself or anyone helps me, other people will come out and cause a big riot.
BARR. OJULARI: That is foolishness! By suing them to Court for the offence of BATTERY, do you know the implication?
INTERN: Yes Sir! The Court will order them to pay huge amount of money to PAY me as damages in compensation of their trespass to my person.
BARR. OJULARI: You are a brilliant Student-Lawyer! But, this is your case, would you like them to also be liable for CRIMINAL ASSAULT in a criminal court?
INTERN: Yes Sir, I will be glad to make them liable at both civil and criminal court!
BARR. OJULARI: Do you know the result of that?
INTERN: Yes sir, they will be sent to prison and they will also be compelled to me huge money for damages at the same time.
BARR. OJULARI: I also think that’s the best option, meanwhile, don’t call it prison again, it no more a prison, it is now called CORRECTIONAL CENTRE. You won’t send them to prison, you will send them to where their behaviour will be corrected. Finish!
INTERN: (laughs) OK Sir. Because I love them, I will also be glad to let them receive correction at a good correctional Centre facility.
(They both laugh)
BARR. OJULARI: You this small boy; are too legal!
INTERN: As your Lordship pleases Sir. (They both laugh again)
BARR. OJULARI: Open to Section 315 of the Criminal Code Act, what does it say?
INTERN: (He quickly bring his C.C hard copy and open to the page it is) It says; “Any person who unlawfully Assault another person is guilty of a misdemeanor and is liable if no greater punishment is provided to imprisonment of one year”.[3]
BARR. OJULARI: Is one year imprisonment sufficient for them Sha? Or we should help them to add to their years at the Correctional Centre?
INTERN: If the law provides another provision that is better than this for them, who am I to deprive them of their enjoyment of the consequences of their action? Let’s I suffered a lot from them, they should also enjoy a lot from the law!
BARR. OJULARI: OK, Check Section 353 of the same Act, what does it provide?
INTERN: Is says; “Any person who unlawfully and indecently assault any MALE person is guilty of a felony, and is liable to imprisonment for three years”[4].
BARR. OJULARI: I think you are a male person?
INTERN: Yes sir! (Smile fills his face)
BARR. OJULARI: There is no way they can be freed from the punishment, we are adding the two count charges together, I think four year is not too small for them to receive correction at the correctional Centre, no be so?
INTERN: Na so o!
BARR. OJULARI: Lest I forget, Both of them had agreement between themselves to effect unlawful action against, they can also be charge for CONSPIRACY [2]. Mind you, if the Court finds them guilty of a felony, their punishment for CONSPIRACY will be Seven years imprisonment [5].
INTERN: Ah! They will feel the heat.
BARR. OJULARI: Even if the Court does not find them guilty of felony, they will still be risking two years imprisonment for conspiring together to Assault you.[
INTERN: Thank you for helping me to take this matter up, I find it hard to see clearly with my left eye after the attacked me, I am in pain! So now, they have two options, either they are jailed for Six years or Eleven years. Fantabulous!
BARR. OJULARI: Don’t worry, you will have a legal remedy at law. Did you also attacked them back?
INTERN: No, after I have noticed that there were others lying in ambush, I was just smiling because I know that I will fight them back with the law.
BARR. OJULARI: You have thought it well, he who survives, lives to fight another day. Make sure you shoot a picture of your face, we must prepare our petition immediately when we get back to Chambers.
INTERN: Okay sir!
To be Continued. If God wishes.
REFERENCES;
[1]. Retrieved from <https://djetlawyer.com/the-tort-of-battery/#more-397> accessed on 7th day of August, 2022
[2]. Retrieved from <https://m.youtube.com/watch?v=e1y9EwhriXw&list=PLpTHHclv3pD1inxVFZTZAiNWkxcJyU-xv&index=3> accessed on 7th day of August, 2022
[3]. Section 315 of the Criminal Code Act
[4]. Section 353 of the Criminal Code Act
[5]. Section 516 of the Criminal Code Act
[6] . Section 517 and 518 (6) of the Criminal Code Act
ABDULRAUF Abdullahi Adebayo, is a Law student, a Certified Teacher and a Writer. He can be reached via 09034904883 and [email protected]
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