Drama of “BREAKFAST”
(Barr. Ojulari is proofreading a Court process he has drafted in his office, Together with him is his Legal intern. Mr. Mellow enters with anger)
BARR. OJULARI: Prof! Prof!!
MR. MELLOW: I am not in the mood to be joking now. All I want to know is that, can the law allow me to kill a person that offended me?
BARR. OJULARI: Ah! What is the meaning of this? No one can be intentionally deprived of his right to life[1, whoever that kills another person unlawful will also be killed [2]
MR. MELLOW: Can I just send someone’s nude pictures on the net to teach her a lesson?
BARR. OJULARI: Ah! It is even good that you are asking all these questions, if you post someone’s nude pictures on the net, that may earn you up to three years imprisonment and/or a fine of Seven Million Naira, or both imprisonment and fine[3].
MR. MELLOW: Aaaaah! Is this how I will suffer in vain?
BARR. OJULARI: There can be no wrong without a remedy. But resorting to self help “is a primitive remedy capable of a breach of the peace”[4]. More so, what really happened? What makes your to be boiling hot like this?
MR. MELLOW: I have spent a lot of money on this lady. I sponsored her master programme to the U.K, she has now eloped to marry another man.
BARR. OJULARI: Really! That is too bad. What she did is morally wrong…
MR. MELLOW: (interrupts) So, is it not legally wrong?
BARR. OJULARI: Of course it is. She has clearly committed an offence that we call BREACH OF PROMISE TO MARRY, it is both moral and legal wrong. Anyone who fails to honor the obligation of his/her promise to marry another will be made to face the rigour of law.
MR. MELLOW:That’s good. If I can get remedy in law for what this lady has done to me, I won’t need to harm her again. I want the law to fight for me!
BARR. OJULARI: Now you are talking, you can’t go and do unlawful things to her because she has wronged you, it will later turn you to a criminal and will make you liable for conviction. It will then make you to loose at both end, you will loose your remedy and your good name.
MR. MELLOW: But this breach of promise to marry that you are talking, I have never heard about it before, do you think it can workout sha?
BARR. OJULARI: (laughs) Your question amuses me, and I am a bit disappointed that you don’t have trust in me anymore. This is my profession. Would you be asking a doctor this kinda question if he tells you that you have an illness that you have never heard before?
MR. MELLOW: Huh! No! I’m sorry My Lord.
BARR. OJULARI: Well! A promise to marry is betrothal, an engagement to be married or agreement to marry and if any of the parties that made agreement to marry fails to honour the agreement, that amounts to breach if promise to marry and such a person may be sued to court for damages.
MR. MELLOW: That’s nice! Sue her for me. I must claim damages from her.
BARR. OJULARI: Yes, you are now talking. Marriage is regarded as sacred institution both in our jurisprudence and our sociology[4], Anyone that has breach the promise to marry someone will be liable for damages.
MR. MELLOW: OK, I have never doubt you my Competent professional legal practitioner.
BARR. OJULARI: So, my legal advice for you is to do away with her for now until we file all the necessary documents in Court. Understood?
MR. MELLOW: OK. What are the necessary documents that we’ll need to file in Court to get justice?
(Barr. Ojulari checks the text message he receives on his phone)
BARR. OJULARI: Huh! You will have to come back tomorrow sir. I am just invited to the Office of Commissioner of Police for further investigation on a petition that I submitted there.
MR. MELLOW: OK! I will come tomorrow with every evidence I have on this matter, so that we can both use legal eye to look at it.
BARR. OJULARI: OK, no problem.
To be Continued…..
REFERENCES
[1]. Section 33 of the 1999 Constitution of the Federal Republic of Nigeria
[2]. Section 319 (1) of the Criminal Code Act ; Section 221 of the Penal Code Act
[3].Section 24 (1) of the Cybercrime Act, 2015
[4]. Per Nwokedi in Agbai & Ors V. Okogbue (1999) LPELR-225 (SC) P30 C-D
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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