Drama of CRIMINAL ASSAULT 2
(Both of the Assault Assailants had been duly arrested by the Police and charged to Court accordingly. They have also been served with Court processes for the CIVIL ACTION of the offence of BATTERY. The Assailants and other two male Elders are now in the conference room of Ojulari’s Chambers with Barrister Ojulari and his Legal Intern for possible SETTLEMENT.)
BARR. OJULARI: I was informed by my secretary that you are here for settlement, is that true?
ELDER 1: Yes we are here for settlement
BARR. OJULARI: That is not bad, but you have failed to train your sons the right ways and manner to relate with people among the society, you are now here to beg on their behalf. It is a pity.
INTERN: It is not that they did not only warn them, they were even the one that counseled them to attack me
BARR. OJULARI: (to the oldest elder man) what do you have to say to this sir?
ELDER 1: I have nothing to say than to beg you to please forgive our misconduct, nothing of such will ever happen again. I won’t lie that I was not aware of this whole incident.
BARR. OJULARI: I will not also lie to you that your sons have led you into debt, and they will also become prisoners soon.
ELDER 1: Ah! Please help us, it was during the time of ignorance, we have learnt our lesson now.
INTERN: Baba! Ignorance of the law is not an excuse to prove that you are innocent [1] the best thing you can do for yourself is to hire a defence lawyer to join issue with us in Court.
ELDER 1: (sober) We don’t want this matter to proceed to court because we also know the implication.
BARR. OJULARI: Assuming that your Sons are his Parents now,[2] or if he is an apprentice, training under them[3] or they are his teachers[4], yes! They could beat him and nothing would happen if they didn’t inflict any harm on him, so far he is still less than 16 years of age. Which of the three persons I mentioned are they to him?
ELDER 1:- None of the above Sir!
BARR. OJULARI :- Mind you, As they were attacking him violently, if he ran away from their dangerous attack and they still chase him till he cannot escape from them again and he mistakenly or accidentally killed any or both of them, Do you know that he will go scot free and won’t be liable for Homicide?[5]
ELDER 2: ah!
BARR. OJULARI: -Yes now! I am talking from point of law.
ELDER I :- But Sir! What if they have surrendered retreated and decided not to harm him anymore, and he went further to do something which caused their death for them, will he still go scot-free?
BARR. OJULARI :- NO! He will not go Scott-free [6] . But, I’m confused, are you here to learn the law or to plead for your Criminal sons?
ELDER I :-May we not kill another person!
ALL :-Amen!
BARR. OJULARI:- So, do you know the gravity of what your sons had done now? May you please meet us in Court?
ELDER 2:- D-Law! We are not here to defend our Sons; we know that these children had committed offence, but we know that if you forgive them, they will never do such again.
INTERN:- These ones are die-hard criminals, they will still do it to another person if they are not convicted now. Please let’s meet in Court!
BARR. OJULARI:- With due respect sir, you cannot beg me on this matter, I am not the complainant, it is not my case, this is the person that your sons attacked (points to INTERN)
ELDER 1:- We know, but we still know that if you help us to plead to him on our behalf, he will be mollified and forgive these children that attacked him.
INTERN:- Please, which of the Cases in Court would you like us to discontinue now, is it the Criminal case that will soon send your sons to prison or the Civil one that will make you to pay damages which will be compensation to me for the pain that your children caused to me?
ELDER 2:- Please discontinue the both my son. May you not see trouble that will land you into prison my son.
INTERN:- I am not your son Sir, you were also aware that they wanted to attack me, but you did not rebuke them. I now that I am fighting for my right, you are begging me, for what? We will have to meet in Court. Nothing else. Your sons must go to Correctional Center for rehabilitation, and pay damages to me so that I can recover from the trauma that your foolish sons has inflicted on me.
BARR. OJULARI:- Sir! You can now leave my office, if I am able to persuade him to discontinue this Case, I will inform you. But if I am not, you will have to join issue with us in Court. You can give your contact to my Secretary.
(One of the Assailants bursts into tears, the other one becomes sober, both elder men are not happy as they walk shamefully out of the chambers.)
REFERENCES:
[1] Section 22 of the Criminal Code Act.
[2] 295 (1) of the Criminal Code Act.
[3] 295 (2) of the Criminal Code Act.
[4] 259 (4) of the Criminal Code Act.
[5] Section 286 of the Criminal Code Act.
[6] 287 of the Criminal Code Act. For a clear explanation, See Okonkwo & Naish
;Criminal law in Nigeria; Spectrum Law Publishing, Ibadan Pp222-223
ABDULRAUF Abdullahi Adebayo, is a Law student, a Certified Teacher and a Writer. He can be reached on Whatsapp with https://wa.me/message/GPDWM5CB2V27O1, Phone call on 09034904883 and Email with [email protected]
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