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Legal: the egg shell skull rule

I remember sitting in the criminal law class that afternoon. It was 300 level first semester, a four (4) unit course. Everyone looked forward to the lecture as we had a wonderful lecturer whose passion for teaching was on another plain.  He patiently explained lecture notes to the understanding of everyone who cared to be present.

That day he lectured on the Eggshell skull rull, he explained the “eggshell” rule, also known as the “thin skull” rule, is one of the oldest and most well established legal principles. It was derived from custom and judicial precedent rather than statutes. It was used in some tort law systems, with a similar doctrine applicable to criminal law.



The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. In another phrase it means that the person who hit the eggshell-skulled person is responsible for the much greater harm caused by the hit, not just the amount of harm that a normal person would have suffered.

After about ten years, now in legal practice, I understood the implication of this rule. It was at a prison centre where I went to pick up some pro bono cases as part of contribution to the community I reside.  

I met a young man who was in his late 30’s and the reason he was stuck in the prison facility was as a result of the application of the court of the eggshell rule. His story was pathetic, he had a misunderstanding with his friend the led to him slapping his friend to his amazement his friend fainted.  Ordinarily  a slap is not such that could cause serious harm to a person at worse it will be termed an assault, but that day the odds where against him.

The mere slap put him on his toes, he rushed his friend to the nearest hospital but his friend never returned home, his friend passed on. 

He was arrested and prosecuted for murder but however was sentenced for man slaughter to serve for life as oppose to death by hanging.  

The period between the arrest and the conviction was 5years. He had stayed in the prison facility for over five years after his conviction as an inmate. 

It took the intervention of the President who granted him presidential pardon that brought him out of the prison walls after many years lost in the prison.  

A mere slap leading to the death of a person. 


The big question is can he fit into society having stayed away for so long?
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Blessings amidst Covid-19 in Rivers State, Nigeria

Basilosaurus

Basilosaurus are not commonly found within the shores of Nigeria. For those who don’t know what it is, it is a sea animal.  

Basilosaurus is a latin name translated to mean “king lizard” it was first thought to be a reptile but was later identified as an ancient type of whale, its lenght is about 70 feet with the skull as much as 5 feet. 

it is a genus of large, predatory, prehistoric archaeocete whale from the late Eocene. it was described first in 1834 and was the first archaeocete and prehistoric whale known to science.

The disguised blessings started when riverine communities folks woke up one morning amidst the covid-9 lockdown to find dead croaker fish on their river banks in Rivers State,  
The river banks was littered with thousands of dead croaker fish washed ashore by waves.  

The authorities were deeply worried by the development and thus warned residents to refrain from the consumption of the fish while investigations on the cause of death was flung into action.
Few days after, precisely two weeks after the dead croaker fish saga, a fisherman in Bonny Island captured a large Basilosaurus that washed ashore in Finima, Bonny Island in River State. 

Against the warning to desist from consumption of the sea animal that is the Basilosaurus, some residents on discovering the  sea animal counted it a blessing  and have been chopping off its tissues for consumption just as they did the dead dead croakers two weeks ago.

If you found yourself in their shoes what will you do in view of the current circumstance; No food, no cash trickling, govermnent provided palliatives which was shared but scarcely reached anyone, if it actually got to you it could barely take you and your family a day. 

Will you eat?

leave your comment 


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My Experience: Like a dream

Like a dream
Gradually grew into reality
It was unbelievable
The figure I met that evening
A rear gem

Like a dream
It grew in stages
It yielded much
It was fun over and again
Too good to be true, it was real

Alas a break
A break that causes a turn
A turn that caused a change 
A change that affected the course of love
Ah its been short lived

Reality struck the beauty of a rose
The beauty fades and the thorns emerge
The phase of thorns erupted
Except a miracle 
It would be said as short lived

I refuse to faint
I refuse to give up
The pain of the thorns increased
In prayer I committed to my maker
I kept hope alive

Having gone through the phase of thorns and thistles
Alas a miracle
A miracle that led to our union
Like a dream the rose blooms
The phase of thorns are forgotten


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My Experience: The Wedding Toast

OUR TOAST

In Gods time He makes all things beautiful.
Having gone through thorns and thistles, what was destined for us we have finally beheld with our eyes.
Our life is that of a complete rose plant, in other for us to survive, our roots had to struggle to gain depths into the soil.
The experience of the thorns cannot be eliminated. But behold the rose blooms and the beauty is radiating.
We live in peace and grow in love daily
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My Experience: Like a dream

Like a dream
Gradually grew into reality
It was unbelievable
The figure I met that evening
A rear gem

Like a dream
It grew in stages
It yielded much
It was fun over and again
Too good to be true, it was real

Alas a break
A break that causes a turn
A turn that caused a change 
A change that affected the course of love
Ah its been short lived

Reality struck the beauty of a rose
The beauty fades and the thorns emerge
The phase of thorns erupted
Except a miracle 
It would be said as short lived

I refuse to faint
I refuse to give up
The pain of the thorns increased
In prayer I committed to my maker
I kept hope alive

Having gone through the phase of thorns and thistles
Alas a miracle
A miracle that led to our union
Like a dream the rose blooms
The phase of thorns are forgotten


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Real Issues: Learn To Live with Corona Virus

… let’s learn to live with the virus – WHO DIRECTOR GENERAL 

Dr. David Nabarro the director general of World Health Organisation on the 21st day of April, 2020 in an interview on BBC HARDtalk program told the presenter Stephen John Sackur that it is not known how long the Covid-19 virus would take to develop a treatment or a vaccine. He further went on to state that;

“We have all got to learn to live with this virus, to do our business with this virus in our presence, to have social relations with this virus in our presence and not to be continuously having to be in lockdown because of the widespread infections that can occur,” 

Dr. David Nabarro

He also twitted on Twitter that unending lockdown may do more harm than good as a result of its effects to people and economies of nations at large.
“This virus is going to be with us for the foreseeable future and nobody wants to go having lockdowns as we have at the moment”
“Covid-19 tracing, containment and neighbourhood health watch will be necessary even once the present wave of outbreaks is gone.
According to him, establishing a COVID ready state requires the full and willing participation of people, a high level of organization within communities, public health services as well as COVID-Ready hospitals and other health care units.
Dr. David Nabarro
In support of the view to learn to live with COVID-19 reality the  president, Nigeria labour Congress Comrade Ayuba Wabba this 24th day of April, 2020 on Channel News interview: COVID-19 Lockdown  and Labour’s Congress suggested that … Think out of the box to carefully unlock the places which has been locked down…
These are the most realistic recommendations for now in the face of the COVID reality and its effect on individuals, businesses, for government and the economy as lockdown is not a way of life.

Please leave your comments below if you are in support of this view or against it.
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Real Issues: COVID – 19

Picture of COVID-19 Virus
A strange visitor crept into planet earth sometime in November 2019 when its host was confirmed, but it was identified in Wuhan sometime in December 2019.  The said visitor is known and called CORONA VIRUS its other names are  COVID-19, 2019-ncov acute respiratory disease or Novel corona virus pneumonia.

The visitor affects its host negatively in different ways and differently.  Most host develop mild to moderate symptom like fever, tiredness, dry cough.  Others experience aches and pains, nasal congestion, running nose, sore throat and diarrhea.  Severe symptoms of this visitor on its host are high fever, pneumonia, kidney failure and death.

Symptoms

This visitor reveals certain symptoms as pointers of its being resident in its host on an average of five to six days with common symptoms such as high temperature, cough, shortness of breath or breathing difficulties and body aches/muscle pain on an average but however, it reveals its true nature on the fourteenth day.

This strange visitor goes about by mode of transmission either by coughs or sneezes from a host or by touching contaminated objects.  The good news is that this strange visitor can be prevented by constant washing of hands, wearing of face mask, mass testing, quarantine or social distancing.

The measures for preventing this strange visitor possess lots of difficulties on man which is its host as man naturally is used to relating with others in several ways on a daily basis. Thus Presidents, prime ministers, governors of different countries and states brought forth measures to curtail the spread of this unwanted strange visitor.  The measure brought about the now popular term called lockdown.  The lockdown is such that it lead to shutting down of business, Churches, Mosques, … Except essential services.  The said lockdown is such that it has affected the economy of the various countries.

This drastic measure was taken in view of keeping its citizens safe by them staying at home.  The measure is termed drastic because it did not consider the daily earners that operate pay as you go type of services. The hardship gave room to rise in theft, disobedience of the lockdown order, riot and even loss of life.

Before now there was specific treatment to send the unwanted strange visitor from packing. Treatment of the host was based on the host clinical condition as the strange visitor is a novel one.  Hope came alive a few days ago when it was announced that a vaccine has been developed to deal with the unwanted visitor. As at today the 23rd day of April, 2020 United Kingdom began its first human trial of the vaccine in Oxford.

Pending the outcome or response to the  use of the vaccine it is highly recommended that we adhere strictly to the measures put in place to keep the strange visitor far from us and our loved ones.

Please frequently wash your hand, maintain physical distance from others, cough and sneeze with a tissue or inner elbow, keep unwashed hand away from face, once you notice any symptom go to the nearest health centre.

Please leave your comment.

Category 1

Ups & Downs; On the road to success

To succeed in life is every ones desire, but we must understand that it is not a straight short road that can easily be reached, however you can successfully arrive at your desired destination.
Road to Success. 
A person eager to succeed must sit down have a blue print in place.  The print is actually his/her  vision.  However, it is not sufficient to have the vision on a book, there is the place of setting it in motion to get to the desired end (goal).
A vital question that must be determined is WHERE DO I GO FROM FROM HERE?
The question above applies to everyone seeking to succeed whether as students, business man or woman, single, married couples…
You must start by making moves, from constant thinking to analysing the steps you have taken, plan futuristically, keep trying don’t stop, do it over and again not giving up, keep at it and to your amazement you have achieved your desired goal.
On your journey to success, there are certain factors you must not neglect, to name a few is family, friends and your health. You must consciously make out time for them. As success with bad health brings about frustration.
The road to success is rigorous, if climbing a step was easy am sure no one would have thought of inventing an elevator. So when climbing up, keep encouraging yourself. 
I see you getting there at the top.

Please leave a comment.

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MY EXPERIENCE IN A POEM: On the Way There

Difficult, difficulties

It is working for my good
Indeed it is
Both the negative and the positive
My result is inevitable
I will glow at the end.
Men spoke and keep speaking ill of me
Accusations were made
Perceptions are exposed to air
It is but for a season
Its a process I must go through
I must be refined
I will glow at the end.
To get a frog there must be metamorphosis
To get gold it must pass through fire to come out purified
For a pregnant woman to give birth it involves great patience
The results are inevitable
I will glow at the end
I have chosen my path
.I have chosen to wait
Wait no matter the circumstances I find myself
The end will justify the means
I will glow at the end

Please leave a comment
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Real Issue; Life today

We are encompassed with immeasurable problems ranging from self image, lack of finance, inability to find our dream life partner, those who found their life partner are faced with the challenge of raising children, others are faced with divorce or maintain a peaceful relationship with their spouse…as if the few listed are not enough, the world is thrown into a world pandemic of a virus called COVID-19.

Our approach to these issues when they  steer at us is very vital. We must not approach these issues with fear as fear kills, it dries up hope and makes the situation worse.

The opposite of fear is faith. We

must have FAITH.

Please leave a comment