Justice Chambers

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY SURETY Surety (pronounced as /shuor·ruh·tee/) is defined by the Black’s Law Dictionary as "a person who is primarily liable for the payment of another’s debt or the performance of another’s obligation". The party that guarantees the debt is referred to as the surety, or as the guarantor i.e someone who assumes direct liability for the debt, default or other financial responsibilities of another party. A surety is often used in contracts where one party's financial holdings or well-being are in question and the other party wants a guarantor. Surety bonds are financial instruments that tie the principal, the obligee—often a government entity—and the surety. A surety bond is a legally binding contract entered into by three parties—the principal, the obligee, and the surety. In the case of bail, the surety undertakes to provide security for the release of the defendant on the promise that the defendant will ...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY ACT OF GOD In Latin, Act of God is termed Vis major which literally means, ‘superior force or act of god’. It describes a "superior force" that causes damage that isn't caused by nor preventable by humans.  Vis major is a defence under the Law of Tort (civil cases). It includes all direct acts of nature, the violence of which could not reasonably have been foreseen, controlled, or guarded against. The act is accepted legally as being outside human control and it usually restricts or eliminates culpability for injuries, damages, and losses.  Act of God is categorized major results from natural causes, such as a hurricane, tornado, or earthquake, or floods, and without the intervention of human beings. It is a loss that could not have been prevented by diligence or by having taken precautions. Loci Classici ( classic cases or examples) on Act of God are the cases of Nichols v Marsland and Blyth v. Birmingh...

  THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY MALUM PROHIBITUM & MALUM IN SE Malum in se is a Latin term that is literally translated to “wrong in itself" while malum prohibitum is literally translated from Latin to “wrong as prohibited.”  Black Law's dictionary defines Malum in se as "a crime or an act that is inherently immoral, such as murder, battery, adultery, arson or rape" and Malum prohibitum as "an act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral such as possession of a controlled substance, prostitution, speeding, copyright infringement, drug use, indecent exposure"  Criminal offenses that are malum in se or mala in se (plural) are deemed to be naturally evil or wrong in and of itself simply due to the nature of the act as they are inherently and objectively wrong acts that have no place in a civilized society. For Example, Most human beings believe that murder, r...

THE RADIANT JUSTICE CHAMBERS, OBAFEMI AWOLOWO UNIVERSITY BIGAMY V POLYGAMY The Black’s Law Dictionary defined bigamy as ‘the act of marrying one person while still legally married to another' while The Black’s Law Dictionary defined polygamy as “the state or practice of having more than one spouse simultaneously”.  Bigamy is generally a criminal offense governed by Section 370 of the Criminal Code of various southern states in Nigeria and Section 384(1) of the Penal Code of various northern states in Nigeria. Traditionally, Nigeria is a polygamous society and in that light, the offence of bigamy was not known but the offence was imported into Nigeria as a received English Law Marrying a second wife while first marriage subsists is a criminal act and an offender is liable to five years imprisonment by virtue of Section 46 of the Marriage Act and seven years for the same offence under Section 370 of the Criminal Code Act. Bigamy is a subset of polygamy. Bigamy can either ...