The Slapping Episode and the Nigerian Law: Gov. Obiano’s Wife, Bianca Ojukwu and the rest of us.
By Olakunle Bamisile
The news was ridden with odious reports of a squabble between two perhaps highly revered women on thursday, March 17, during the inauguration of Gov. Charles Soludo as Anambra State governor when Ebelechukwu Obiano — wife of ex-Governor Willie Obiano — engaged in a clash with Mrs. Bianca Ojukwu, Nigeria’s former Ambassador to Spain and wife of the Late Dim Chukwuemeka Ojukwu. While it was earlier reported in the media that Mrs. Obiano started the clash by slapping Mrs Ojukwu, many other reports indicate that it was Mrs Ojukwu, angered by what was said to her, that slapped Mrs Obiano first, and this has been corroborated by Mrs. Ojukwu herself in a statement credited to her. One would then wonder, or perhaps ponder, why these supposedly highly-placed women will, not being actresses, engage in a moronic and indeed unlawful slapping episode. Quite unlawful. Though many persons have condemned this unfortunate incident between the two women, the law is wide and is unequivocal in its stance against such incidents (or episodes) — involving Mrs. Obiano or Mrs. Ojukwu or any other person.
The law guiding and curtailing crimes in the Southern part of Nigeria, the criminal code, in Section 83, provides thus: “Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to
imprisonment for one year”. In a similar provision, Section 54 of the Criminal Law of Lagos provides that: “Any person who takes part in a fight in a public place is guilty of an offence, and is liable to imprisonment for six
months”.
Fights in public places is not rare in the average Nigerian street and, when the Police comes in to stop these fights and probably effect an arrest(s), they are oftentimes accused of descending into an arena of a fight in a public place and are also infamously condemned for merely doing their job. Well, who would blame the legal novices?
The foregoing stipulations of the law — Section 83 of the criminal code and Section 54 of the Criminal Law of Lagos — are unambiguous and the purport thereof is clear and concise. Therefore, as a matter of law, fighting in a public place is a crime and can land you in jail.
In addendum, Section 83 of the Criminal Code — applicable only in Southern Nigeria — provides that: “Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or
attempts to provoke any person to challenge another to fight a duel, is guilty of a felony, and is liable to
imprisonment for three years”. The Criminal Laws of Lagos, in Section 55, ditto establishes that: “Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour and is liable to imprisonment for one year”.
Just as the law frowns at fighting in a public place, the law prohibits challenging another to fight a duel or attempting to provoke any person to challenge another to fight a duel. If the trend “you wan collect” is in a very serious manner, it may amount to challenging another to fight a duel, and you may collect 3 years in jail.
If the reports are true as are said, Mrs. Obiano and/or Mrs. Ojukwu are liable under the Criminal Code, and so are the rest of us liable if such scene similar to the slapping episode is engaged in.
Public enlightenment on the law is undeniably of immense importance, and for the principle of Ignorantia juris non fit excusat (ignorance of the law is not excuse) to apply, adequate enlightenment should be done.
Fighting in a public place is a crime; Challenging another to fight a duel is a crime.
Olakunle “Cardinal” Bamisile is a student of the prestigious Faculty of Law, Lagos State University, and may be reached via bamolakunle003@gmail.com and 07087263472
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