SHOWCASE MAGAZINE | 2018
unnecessary restraint except by order of the court,
a magistrate of peace or unless there is reasonable
apprehension of violence or of an attempt to escape
or unless the restraint is considered necessary for
the safety of the arrested person.
A police officer has the right to search any person he
arrest using such force as may be reasonably neces-
sary for such purpose, and place in safe custody all
article other than necessary wearing apparel found
upon him:
Provided that whenever the person aRrested is ad-
mitted to bail and bail is furnished, such person shall
not, subject to the provision of this act, be searched
unless there are reasonable grounds for believing
that he has about his person, any-
Stolen articles; or
Instruments of violence or poisonous substance; or
Tool connected with the kind of offense which he is
alleged to have committed; or
Other articles which may furnish evidence against
him in regard to the offense which he is alleged to
have committed.
Notwithstanding the order provisions of this sec-
tion any police officer making an arrest may in any
case take from the person arrested and offensive
weapon which ha has about his person.
contact with another person. This means that the
victim did not. Agree to physical contact. Assault is
an attempt at a battery. The victim of an assault may
not have been physically harmed, but there was a
threat of harm.
In proving that someone has been battered, the
following must be proved:
1. The battery must have. Been “intentional”. This
means that the person meant to throw something or
meant to swing their arm.
2. The harm does not have to be intended for the
victim merely doing an intentional act is enough to
commit a battery.
In proving for assault, it must first be determined
whether the threatened harm was “imminent”. This
is the difference between someone about to hit you
now and someone who says they will hit you tomor-
row. And the fear must be reasonable I.e an appre-
hension of fear must have been reasonable.
Domestic violence also known as domestic abuse,
spousal abuse, battering, family violence, and inti-
mate partner violence, is a pattern of abusive be-
havior by one partner against another in an intimate
relationship such as marriage, dating, family or
cohabitation.
Domestic violence and abuse is not limited to ob-
vious physical violence. It can also mean endan-
germent, criminal coercion, kidnapping, unlawful
imprisonment, trespassing, harassment and stalking
to gain or maintain power and control over another
intimate partner.
Domestic violence is a global phenomenon and not
limited to Nigeria, it occurs in various cultured and
affects people irrespective of their economic status.
In nigeria, spousal abuse has become a scourge and
there is a report that 50% of our women have been
battered by their husbands at one time or the other
and unbelievably, more educated women (65%) are
in this terrible situation as compared with their low
income counter parts (55%).
In Nigeria, there is not yet a definite national law
that protect the citizen over domestic violence.
Over the years, there have been agitation on how to
stop domestic violence against children and women
which have sadly yielded no result.
Recently, however, the lagos state house of assem-
bly made a bold move and passed into law, a bill “to
ABUSIVE WORDS AND BEHAVIOUR
Civil. Liabilities may be imposed on a person who
intentionally or recklessly uses Abusive or insulting
language that causes mental distress to another per-
son. Although the claim for damages from. Abusive
or insulting language falls under the more general
claim of intentional infliction of emotional distress,
Generally the injured party would need to show the
following to sue:
1. The defendant intentionally used abusive or in-
sulting language,
2. The language used was unreasonable and outra-
geous,
3. The defendant knew or should have realized the
language used would likely result in illness to the
injured party; and
4. The injured party suffered severe emotional dis-
tress as a result of the defendant words.
Battery is defined as any Non-consensual, physical
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