Few days ago, Nigerian singer Wizkid, apparently slighted by Dammy Krane‘s recent twitter attacks, took matters into his own hands when he allegedly physically assaulted the less famous act.
Opinions are varying about what exactly happened inside Quilox.
Now, THENETng looks at the legal implications.
The incident is being seen as a case of ‘two-fighting’ in many quarters but it is indeed a clear case of assault.
According to section 351 of the Criminal Code Act of 2004, assault is defined as a situation when ‘a person who strikes, touches,or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without his consent, or with his consent, if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, in such circumstances that the person making the attempt or threatens has actually or apparently a present ability to effect his purpose, is said to assault that other person, and the act is called an assault.’
Should Dammy Krane decide to file a case with the police, pop star, Wizkid might just be looking at spending time behind bars as the Nigerian legal system has stipulated punishment for such ‘crimes’.
A Lagos-based lawyer Efe Ugboro, tells Nigerian Entertainment Today ‘Section 351 of the Criminal Code Act clearly provides the punishment for assault. ‘Any person who unlawfully assaults another is guilty of a misdemeanor, and is liable, if no greater punishment is provided, to imprisonment for one year.’
She discloses further ‘the victim could complain to the police and the police would investigate and if they find enough grounds, prosecute for assault’
Another lawyer Lola Abdul says that the case is an issue of ‘battery and illegal assault with intent to cause grievous harm’.
‘Any person who unlawfully assaults another is guilty of a misdemeanor and is liable (if no greater punishment is provided) to imprisonment for one year’, she says also quoting section 351.
Bisola Odunsi, a Lagos-based lawyer further adds that ‘If he is charged to court for assault and found guilty, he would be imprisoned for 1 year if the victim didn’t sustain any injury but if it is proven that he sustained injury, it’s 3 years imprisonment’.
According to Tolu Daniels Olaloye, another legal practitioner, section 355 of the Criminal Code is more applicable in this matter.
‘Any person who unlawfully assaults another and thereby does him harm is guilty of a felony, and is liable to imprisonment for three years,’ she tells a NET Correspondent.
‘So when Dammy Krane makes a complain to the police, they will institute an action at the magistrate court under the Criminal Code Law of Lagos state Chapter C17,’ Olaloye discloses further.
So taking into cognisance all the provisions as outlined by the legal experts, it can simply be said that Wizkid might be facing a 1-3 year jail term should Dammy Krane file a case with the Nigerian police.
Not likely that will happen though. In fact, sources tell us it’s possible the case has not been reported to any police station. Dammy Krane, confirming skeptics opinion that this whole brouhaha may be a publicity stunt, has gone on to release a new single.
Culled from: TheNET.ng