Stella Dimoko Korkus.com: Guilty Until Proven Innocent VS Innocent Until Proven Guilty.

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Saturday, March 12, 2016

Guilty Until Proven Innocent VS Innocent Until Proven Guilty.


Lekki garden MD and the contractor handcuffed during court proceedings yesterday.



Its not like they are criminals or looted the national treasury...I dont know,I am just confused.At what point does the law allow a person be treated like a common thief until their 'Innocence' is proven?....

I though you lawyers argue that a person is Innocent until proven guilty of a crime.
 I am not taking sides,just trying to Understand the law better so that i can stop putting my mouth where its not supposed to be....

I am not a Lawyer and i do not have a hard copy of what the law says  regarding cases like this but looking at the case of Olisa Metuh and a few others,i am jumping into conclusion that the Law is somewhat being abused in Nigeria.

Irrespective of a man's crime,you do not treat him like he is guilty until the law convicts him.....What does the handcuff indicate?Because its not like anyone is running away if you take it off!

I got this wrong right?Wanna educate me on it?
Thank you!


64 comments:

  1. Replies
    1. Stella, lemme try share my 2cents here.
      These guys are still under police custody and while in police custody they are meant to be restrained from potential escape.
      That is why people are either locked in a cell or handcuffed if out of the cell.
      This case is different when they are on bail, once the bail bond is made, the bail bond serves as that guarantee that they will not escape.
      They men in this case have not been granted bail, hence the handcuffs u see.

      Take what u see in movies for example, the suspects are held in a locked cell and handcuffed too if outside the cell until their bail conditions have been fulfilled

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    2. So why don't u always ask the same questions when they parade those arrested by the police, put in handcuffs and made to sit on the floor while they snap their pics? Most of the also haven't been convicted and are paraded as such. It's same na. Or is it because these ones are high profile individuals?

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  2. Of course the law is over abused in Nigeria na. The rich are innocent until proven guilty while the poor are guilty and never proven innocent.
    Mtcheww

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  3. Is true until a man is proven guilty he should not be treated like a criminal.

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  4. I swear I was so angry when I saw this too
    Why handcuff them?
    This country is slowly becoming a joke.

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    1. If u lost a relative in the collapsed building u would not be here taking this thrash! Handcuff or no handcuff so wat ? Are they better than those that have been handcuff to court in the past? Rubbish!!!

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  5. I'm with you on this one Stella. This is wrong on all fronts.

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  6. Evn me I have bn thinking abt it.this is wrong

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  7. And tb Joshua prayed himself out from bring handcuffed, abi? God is watching.

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    1. Abi o,they commited d same. Crime.fatheer in d lord's crime is even more severe cos more people died....even rev. King only killed one person n got a death sentence while father in d lord is responsible for d death of over 100 n still traveling in provate jets

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    2. Bitchplis, u cannot compare accidental killing to outright murder ke. A building collapsed as a result of an accident, and King set somebody ablaze live. Biko it is non relative

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  8. U didn't get it wrong stella.Nigeria is a messed up country n the lawyer representing them is not a good one.na charge n bail lawyer.SMH.

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    1. Olanipekun SAN a charge and bail lawyer? No, it's jusr unfortunate the man hired a political lawyer who the govt can easily manipulate.

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    2. What?? Olanipekun is the one u so undermine?? Chai my boss don suffer for this blog o.
      My dear, please Google his name and check his profile. Before I even say anything. You hear? It's like calling Johnny Cochran a charge and bail lawyer.

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  9. Cooling for comment o. @stella, just following your blog like there's no tomorrow.do more by uplaoding more contents thanks. Hey! Am on vacation so am just on bed with my phone.

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  10. I dunno how that works but I 1da why TB Joshua and his contractors are not on handcuffs???? Coz its same offense to me.

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  11. Stella dats what I thought too oh..I felt so embarrassed when I saw the pic !!dnt they have a good lawyer ??

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  12. Welcome to the jungle called Nigeria
    Where some people are more equal than some. Saraki, TB Joshua were not treated like this!!😡😡😡😡

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  13. Stella handcuff on their hands is your headache now. The base of that building was supposed to carry 2 or 3 floors at most.The Md and the contractor knew and where fore-warned of the likely outcome of raising the floors to 5 but the lust for more money that will be made from the extra floors blinded them to logic and in the process 35 lives where lost. Pls isn't that criminal enough for handcuffs?
    Now you say they are no flight risks; haba ST! you dey learn for Nigeria o... I hope their passports have been taken away. And i hope they are refused bail for now. Even Governors dey run sef. Yes they are innocent until proven guilty but they are also suspects of criminal negligence. The handcuffs are deserving.
    What should be the question is why TB Joshua whose building caused the same havoc did not recieve the same treatment as this 2?

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    Replies
    1. Shame on you, Stella for this post. The scores of victims of their negligence and greed. Who speaks for them? Use your influence to ensure that justice is done

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    2. Your head dey there! 1000 likes...

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    3. @Newbie,while I agree with you to a great extent,the law still remains that unless a person has shown signs of fleeing if nor handcuffed, there is absolutely no reason to handcuff him.

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    4. @Sassy there is no such law that says unless a person is a flight risk;no handcuffs. A suspect is immediately handcuffed on arrest.

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    5. Even for a traffic misdemeanor offence abroad, you are to be handcuffed and ur rights read to u before all else. It is standard procedure.

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  14. I said same thing here some weeks back and one daft person was just talking thrash under my comment. These are people that took themselves to the police station, unlike those accused of stealing billions that will be telling efcc they are out of the country and come back after 10weeks.

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  15. This picture annoyed the hell out of me yesterday. How can they be in handcuffs when they are not criminals? Investigations has not even been concluded, yet they slammed cuffs on them! Richard reported to the office of the commissioner by himself, so why on earth is he in cuffs? Why wasn't Joshua in handcuffs when his building collapsed and killed hundreds? This is not right! Let this man go home and attend the court proceedings from his house!

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    Replies
    1. They are suspects and as such, are to be handcuffed before bail is set. And that is if they qualify for it. One anonymous up there explicitly gave an incite to this. You may wish to read the comment for a better understanding.

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  16. Don't mind the useless Nigerian police.
    What's the difference between the man's offence and TB joshua's synagogue?
    Fashola even went to pay condolence to him but they put handcuffs on this poor man.
    What happened is unfortunate. Learnt he was sent to jail for 30 days.

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  17. Stop acting like you are blind and have never seen a court program before. Even in America you are placed in handcuffs once you are arrested of a crime, it is not an indication of guilt. Enlighten yourselves, ignorance is not bliss.

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    1. Oga bross or madam,you are entirely very wrong oh, I dnt know US laws but I will be speaking based on Nigerian laws (of cos that's the locus of the crime) Nigeria being a common law country got most of its laws from Britain, so you can't even compare both jurisdictions because dahs theirs is inquisitorial, you are guilty until proven innocent as against nigeria...but that's lesson for another time...in Nigeria a defendant shld not be fettered ie handcuff no matter the crime emphasis on no matter the crime unless he poses threat of escape or violence....so before you comment on the legality or otherwise ask yourself these questions.
      1.do I know the law as a Nigerian
      2.why is Richard on handcuffs
      3.is there likelihood of escape or violence.
      Assuming without conceding the questions are in the negative except for the first one,then you have earned a right to comment on the justice ability or otherwise of them being fettered ie handcuffed.

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  18. I don't know why Mr Richard is being cuffed but I understand that Mr Metuh was in cuffs cos he displayed aggressive behaviour while in detention. Mr Richard in cuffs is probably a ploy by the security agents to portray a "defeated" man. My 2cents.

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  19. What exactly did they do wrong? I know they were incharge of the lekki gardens stuff, but why are they treated like individuals. Are they the ones that approved the bill of quantities used for the construction? I get that plenty lives were lost. Biko na still question I still de ask. They just cuff them like armed robbers here.

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  20. Inshort my sister, I fear but I no run o. Immediately I saw the handcuff, I thought my eyes was deceiving me. Na wa for Naija sha! I just weak for everything

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  21. anything can happen in this so called Nigeria







    #GODWIN™

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  22. You are very right Stella of life.. this only happen in Nigeria where an accused is already judged even before trial.. what a shame. TB Joshua is walking free after his church building collapsed killing over 300 people. All animals are suppose to be equal but some are more equal than the other.. so pathetic

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  23. This was the first thing that came head. my mind when I first saw this.

    Freeze really hit d nail on d head. There's selective justice and high level of preferential treatment in this country.


    *Glad I've got my fone back*

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    1. Compare d death of 18 people to the chain around their wrists...

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    2. La Effizy,can you remind me of how many people died when a synagogue building collapsed and how many chains were around T.B.Joshua's wrist?

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  24. Stella in Nigeria it is guilty until proven innocent. I have lived in canada for the past 12 yrs, moved back this year and I categorically tell you that the system does not work. When I read the news I am shocked at how things are run. Smh

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  25. As far as I am concerned the handcuff is a tool of humiliation. Oyong has stepped on some toes!

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  26. As far as I am concerned the handcuff is a tool of humiliation. Oyong has stepped on some toes!

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  27. Chai, which kind nonsense be this? Richard Nyong is not a criminal na. First, Panti Prison and then handcuffs. haba, what manner of selective justice is this? TB Joshua who refused to show up for his court hearing was allowed to preach on the sunday service preceding the fatal incident that claimed more than 200 lives. Richard submitted himself to the police and even sought out the site contractor, yet he is being treated this way. hmm, it is well.

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  28. wow i think a lot of people are daft honestly now let me answer your questions even in the western world thats how its done ok if for instance you are caught drunk driving you are immediately detained until the next day at the station a special cell called the drunk tank why cause its the law, thats why the country is at a stalemate when the law takes its cause people will say what of so so and so person bla bla that mentality is just stupid when you break the law you are detained and yes even taken to the court in cuffs util you are given bail and thats whats happening here until they make a good case and are given bail.But the main point remains that these guys were told not to go over a certain height cos of safety concerns and when they disobeyed the place was sealed off but they went ahead and continued disobeying the safety guidelines now people are dead cos of that and someone is talking about why they are in cuffs if your family member was involved guess you won't ask such and over to T.B joshua his case is different what he's only liable for is to be sued my the families involved for compensation and not jail you know why cos he didn't build it and had no hand in the construction neither did he flout any safety concerns in the construction so thats the difference.

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  29. The Synagogue church building collapsed before this one. Why is TB Joshua and his contractor not in handcuffs already?
    I guess in Nigeria some animals are more equal than others

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  30. I know you won't approve my comment mschew

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  31. Nigeria is one country that punishes the innocent, TB Joshua? may be because Richard is not Yoruba but they should not forget that he married a Yoruba woman. Mr Richard has employed thousands of people, gave hope to the hopeless,picked people from the gutter and cleaned them,no one hailed him, the building that collapsed was uncompleted, workers are not allowed to be in the site after 6 o'clock,RIP to the dead but the hand cuffs was not necessary, he is not a criminal,he is contributing his quota in this country by employing jobless youths and making people own their own houses, in choiced locations at an affordable rate. let us all march to the court on 12th of April and protest against the injustice on an innocent man.

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  32. Why do you mean by they are not criminals? Going by since they are innocent until proven guilty they should not be handcuffed that means no one should be handcuffed even thieves since they are all innocent till proven guilty abi? Even in the US people are handcuffed when arrested, does that mean they've been deemed guilty before trial? It's simply a precaution. These men have been accused of manslaughter of 35 people, that's a grave crime worse than stealing goats and chicken. Yet you have no problem with those who stole goats and chickens getting handcuffed Abi? Nigerians are the problem of Nigeria, this is a new government that is tough on crime so stop comparing to GEj's lax government . Stella you think these men should not be humiliated Because they are Rich, Fine Boys abi? You have no problem with those who commit lesser crimes getting handcuffed because they are poor. Listen good everyone this is a new era. If ones recklessness and greed to make money leads to the death of dozens of people then yes they are criminals. No one is saying they've been judged guilty but they will not be treated with kid gloves because this is a serious crime. It's sad for them but let this act as a deterrent to others who may be thinking of cutting coners while building .Put yourself in the shoes of those who's family died through no fault of theirs

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  33. But our former NSA dasuki is yet to meet bail conditions but he has never be handcuffed when brought to court

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  34. I pray Richard gets out of this mess. I am praying fervently

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  35. Ermmm...building was sealed off, but they reopened it illegally and added more floors....isnt that illegal?....all you over sabi commenters!

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  36. Mr Richard Nyong is a criminal and a fraudster and he will remain in jail. He will be convicted of the crime and sent to do his time.
    His sins have reached God.
    Cheating Peter to pay Paul.
    Nigerians are corrupt. So because he used peoples money to settle his well wishers he is a saint.
    This is exactly what happens with our politicians. They steal the peoples money, share peanuts amongst their deluded supports and become demigods in their eyes.

    And you Madame Stella. You dont know this guy and you are talking. Abeg research on him jare and use your platform to always shame the devil.

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  37. In Nigeria and other Common Law countries we operate the system that presumes an accused innocent until proven guilty while in countries like the US it is presumed that an accused person is guilty till proven innocent. When under police custody, he must be placed under some form of restraint to prevent escape.However, once he is taken to court and placed in the dock (accused box) ),all forms of restraint ie;handcuffs must be removed. See Criminal Procedure Code & Criminal procedure Act.

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    1. And you didn't state the section.

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  38. It's as if he has been declared guilty before being tried... We will keep praying for Nigeria, one day normalcy will definitely return

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  39. The way Nigerians reasons is so annoying and you wonder how the government have been stealing and sabotaging us for so long..

    People are so ignorant and know nothing about the law and want to talk based on sentiments. How is him in hand cuffs a big deal. Like that is the issue here. We leave the fact that 35 people died due to his greed and carelessness and we are talking about hand cuffs??

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