Categories Legal Advice

Caveat Emptor in Sales Contracts and Property Transactions

Author Ayobami Olatunde Categories Legal Advice Posted on

By: Ayodeji Adimula

Oftentimes, clients purchase goods, including properties without conducting due diligence before the conclusion of a transaction. Caveat emptor simply means buyer beware and generally, the rule does not place an obligation on the seller to reveal defects in the goods or property to be sold. This doctrine is the basis for which most buyers seek contractual protection, in the form of warranties.

In a sales contract, the law requires that goods proposed for sale must be without defect. Where defective goods are sold to the buyer, it is entitled to claim remedies against the seller. It is an important rule of law that the buyer is entitled to ensure the fitness of goods for its particular purpose and in absence of any requisitions by the buyer, the seller cannot be held liable for any loss. Thus, the seller is not obligated to make disclosure of defects in the goods in the absence of any query by the buyer. The principle goes further to imply that in the absence of proper investigations and a buyer purchases a property with a defective title, or goods with defects, the buyer will not be able to recover damages from the seller.

To ensure the fitness of goods and that a property exists without defects, a buyer must carry out his own investigation, independent of the seller. The following are some of the steps to be taken before a property is purchased in Nigeria:

  • engage the services of a solicitor who will carry out searches on the property, investigate the title documents and determine whether or not the property is fit for its intended purpose.
  • survey the property with a licensed surveyor
  • request to see the original documents

The legal implication of purchasing a property or goods under a sales contract without the services of a solicitor cannot be overemphasized. For instance, there could be a pending litigation on the property or the property may be unsuitable for the purpose for which it was intended. It is therefore necessary for a buyer to engage the services of a solicitor to ensure that there are no encumbrances, restrictions, reservations or defects in any of the transaction documents or the vendor’s title.

So also, for defective goods purchased without due diligence, the buyer will have no recourse to the law to remedy the situation since equity aids the vigilant and not the indolent. On the other hand, a warranty clause allows the buyer to claim damages against the seller in the event of sale of defective goods. However, warranty clauses do not excuse a buyer’s failure to exercise due diligence before the purchase of goods. Hence, even though the seller does not have an obligation to disclose defects to the buyer, the seller must make full disclosure where there are requisitions from the buyer. Under the caveat emptor rule, an action for breach of contract requires an express warranty, in the absence of which only an action for fraud can be maintained in the court of law. The same applies to purchase agreements made without warranty clauses.

There are certain exceptions to the principle of caveat emptor:

  • fitness for buyer’s purpose
  • goods sold by description are presumed to correspond with the description
  • implied condition that goods sold in the course of business are of merchantable quality
  • implied conditions that goods sold by sample will correspond with the bulk delivered
  • fraud or misrepresentation by the seller.
Categories Legal Advice

#ENDSARS: Etiology, Problems and Way forward

Author Ayobami Olatunde Categories Legal Advice Posted on

Federal Special Anti-Robbery Squad was a creation of the Nigeria Police  to cater and curb the spate of armed robbery that bedeviled Nigeria and Nigerians at the time of creation. In 1992, the Special Anti-Robbery Squad (SARS) was formed to combat armed robbery and other serious crimes.

Before that, anti-robbery was the responsibility of the Nigeria Police  generally although, from 1984, anti-robbery units existed separately as part of different states’ criminal investigation departments.

Other special units, which went by different names at different times, included the intelligence response team, special tactical squad, counterterrorism unit and force intelligence unit, formed to tackle rising violent crime following the end of the Nigerian civil war in 1970.

By the early 1990s, armed robbers and bandits were terrorizing Lagos and southern Nigeria.

Police officer Simeon Danladi Midenda was in charge of the anti-robbery unit of the criminal investigation department in Benin, southern Nigeria, at the time. He had some success in combating armed robbery, earning a recommendation from the then Inspector General of Police.

With crime on the rise in Lagos, Midenda was transferred there and tasked with uniting the three existing anti-robbery squads operating in the former federal capital into one unit in a bid to break the stronghold of armed gangs. As the new sheriff in town, equipped with 15 officers and two station wagons, Midenda formed an amalgamated unit and named it the Special Anti-Robbery Squad (SARS) in 1992.

In the early days of the unit, combat-ready SARS officers operated undercover in plain clothes and plain vehicles without any security or government insignia and did not carry arms in public. Their main job was to monitor radio communications and facilitate successful arrests of criminals.

The Beginning of the Brouhaha

Over times,  SARS   corrupted their way of operation as they deviated from their original schedule of combating criminality to going into private lives of individuals. Emboldened by its new powers, the unit moved on from its main function of carrying out covert operations and began to set up roadblocks, extorting money from citizens. Officers remained in plain clothes but started to carry arms in public.

Over time, the unit has been implicated in widespread human rights abuses, extrajudicial killings, torture, arbitrary arrests, unlawful detention and extortion.

SARS officers then allegedly moved on to targeting and detaining young men for cybercrime or being “online fraudsters”, simply on the evidence of their owning a laptop or smart phone, and then demanding excessive bail fees to let them go.

In 2016, Amnesty International documented its own visit to one of the SARS detention centres in Abuja, situated in a disused abattoir. There, it found 130 detainees living in overcrowded cells and being regularly subjected to methods of torture including hanging, starvations, beatings, shootings and mock executions.

Now, Nigerians say they have had enough. Since 2017, protests have been building momentum across Nigeria, stemming from online advocacy to street protests. The anger about the unit’s activities culminated in a nationwide protest on the streets of 21 states in the month of October, 2020 after a SARS officer allegedly shot a young man in Delta State.

Amid the ongoing protests, President Muhammadu Buhari announced that the unit would be disbanded. But this has not quelled the protests as young people continue to occupy the streets in large numbers demanding the immediate release of arrested protesters, justice for victims of police brutality, the prosecution of accused officers as well as a general salary increase for the police force to reduce corruption.

Young protesters say they have heard it all before. This is not the first time the government had disbanded SARS and promised holistic reforms.

In 2006 and 2008, presidential committees proposed recommendations for reforming the Nigeria Police.

In 2009, the Nigerian minister of justice and attorney general of the federation convened a National Committee on Torture to examine allegations of torture and unlawful killings but made little headway. In October 2010, the then Nigerian President, Goodluck Jonathan, allocated 71 billion Naira for police reforms.

In 2016, the Inspector General of the Nigeria Police Force announced broad reforms to correct SARS units’ use of excessive force and failure to follow due process.

Recommendations to prevent future unrest

The followings are recommended to prevent future unrest and bringing economy to a halt.

a.       The ongoing panel of enquiries set up by various states and federal government should not be swept under the carpet as it has been the tradition in the country of the outcome of the previous panels.

b.      The officers who are found wanting of any misdeed should be made to face the full wrath of the law and not enjoying the back patting of doing the wrong acts in the line of duty.

c.       Public apology should be given to all the victims of police brutality whether alive or death to show minimal level of   justice.

d.      The promise of adequate reforms of the Nigeria Police forms should be immediate and commensurate.

e.       Remuneration of the police in terms of their salary and welfare; funding should be in tandem with global best practices.

f.        Psychological reorientation of the officers should be routinely carried out.

g.      The Complaint Response Unit (CRU) of the Nigeria Police Force should be equipped and functional.

h.      The Police are meant to be protector of personal and properties of Nigerians not dehumanizing and degrading them.

i.        There should be an effective database on complaints and discipline management.

j.        Police should treat Nigerians with respect and dignity.

k.      The family of officers who had paid the supreme price as a result of this saga should be well taking care, so as to serve as morale booster to other officers who are in the line of duty.

l.        The businesses and persons who suffered the aftermath of the protest should be economically empowered.

written by Ahmed Jimoh Opalekunde esq.

Categories Uncategorized

AN EVALUATION OF BANKER-CUSTOMER RELATIONSHIP IN NIGERIA

Author Ayobami Olatunde Categories Uncategorized Posted on

Introduction

The words ‘banker’ and ‘bank’ are frequently used interchangeably. Banker may be defined as an incorporated body carrying on the business of receiving deposits on current account, savings account or other similar account; paying or collecting cheques that are drawn by or paid in by customer; provision of finance; or such other business as the Governor may, by order published in the Federal Gazette and designate as banking business. Banks are primarily engaged in the business of banking as their core function.

A customer is any person having an account with a bank or for whom a bank has agreed to collect items and this includes a bank having an account with another bank. 

THE BANKER-CUSTOMER RELATIONSHIP

The relationship subsisting between banker and customer is basically contractual and fundamentally that of Debtor and Creditor. It also consists of general and special contracts arising from the particular requirements of the banking business. As such, the relationship existing between banker and customer cannot be exhausted. Therefore, the services rendered or products sold by bank to its customer would always determine what relationship subsists between Bankers and Customers at any point in time.

These relationships include but not limited to;

  1. Relationship of Debtor and Creditor: When a customer opens an account with a bank and if the account has a credit balance, then the relationship is that of debtor (banker/bank) and creditor (Customer.) The customer has the right to demand back his money whenever he wants it from the banker and the banker must repay the balance to the customer. A customer remains a creditor only when there is credit balance in his account with the banker. The creditor (the customer) must demand payment as the debtor (banker) will not repay the debt on his own. However, in case of fixed deposits, the bank must inform a customer about maturity. The creditor must demand for the payment at the right time, place and in a proper manner. The demand must be in form of cheques, withdrawal slips, or pay order. Now-a-days, banks allow e-banking, ATM, mobile-banking, etc. In case of loan/advance accounts, the banker is the creditor, and the customer is the debtor because the customer owes money to the banker. The banker can demand the repayment of the loan/advance on the due date and the customer has to repay the debt. 
  • Relationship of Pledger and Pledgee: This happens when the customer pledges (promises) certain assets or security with the bank in order to get a loan. In this case, the customer becomes the Pledger, and the bank becomes the Pledgee. Under this agreement, the assets or security will remain with the bank until a customer repays the loan. 
  • Relationship of Licensor and Licensee: This happens when the banker gives a sale deposit locker to the customer. So, the banker will become the Licensor, and the customer will become the Licensee. 
  • Relationship of Bailor and Bailee: Bailment is a contract for delivering goods by one party to another to be held in trust for a specific period and returned when the purpose is ended. Bailor is the party that delivers property to another and Bailee is the party to whom the property is delivered. So, when a customer gives a sealed box to the bank for a safe keeping, the customer becomes the bailor and the bank, the bailee. 
  • Relationship of Trustee and Beneficiary: A trustee holds property for the beneficiary, and the profit earned from this property belongs to the beneficiary. If the customer deposits securities or valuables with the banker for safe custody, the banker becomes a trustee of his customer. The customer is the beneficiary; the ownership, however, remains with the customer.
  • Relationship of Principal and Agent: The banker acts as an agent of the customer (principal) by providing the following agency services:
  • Buying and selling securities on his behalf.
  • Collection of cheques, dividends, bills or promissory notes on his behalf.
  • Acting as a trustee, attorney, executor, correspondent or representative of a customer.
  • The banker as an agent performs many other functions such as payment of insurance premium, electricity and gas bills, handling tax problems, etc.
  • Relationship of Advisor and Client: When a customer invests in securities, the banker acts as an advisor. The advice can be given officially or unofficially. While giving advice the banker has to take maximum care and caution. Here, the banker is an Advisor, and the customer is a Client.
  • Obligation to honour cheques: As long as there is sufficient balance in the account of the customer, the banker must honour all his cheques. The cheques must be complete and in proper order. They must be presented within six months from the date of issue. However, the banker can refuse to honour cheques where they reasonably suspect fraud or the account has been frozen by relevant authorities.
  • Secrecy of customer’s account: When a customer opens an account in a bank, the banker must not give information about the customer’s account to others. Exceptions to the duty of secrecy are; where the bank has to give evidence in legal proceedings, where disclosure is made with express or implied consent of the customer, where the bank is suing for an overdraft and where there is duty to the public to disclose.
  1. Banker’s right to claim incidental charges: A banker has a right to charge a commission, interest or other charges for the various services given by him to the customer. For example, an overdraft facility.

PROBLEMS ASSOCIATED WITH THE BANKER AND CUSTOMER RELATIONSHIP                    

The aim of any manager of a bank is to satisfy the need and desires of his customers. The customer relative’s desk is the heart beat of any banking operations. Though efforts have been made towards achieving a good relationship between Bankers and Customers, it has however not been easy due to the following problems;

  1. Poor attitude to work by bank staff.
  2. Frauds perpetrating by both bank staff and customers.
  3. Inadequate modern equipment; such as computer.
  4. The problem of distress in the industry.
  5. Poor communication services, unreliable power supply and telecommunication system.
  6. Lack of adequate training on the part of the staff.
  7. Lack of education and experienced staff.

TERMINATION OF THE BANKER/CUSTOMER RELATIONSHIP

The Banker and Customer relationship terminates when any of these occurs:

  • Termination by the Customer
  • Termination by the bank
  • Termination by Law:
  • Death of the customer;
  • Mental incapacity of the customer
  • Bankruptcy or insolvency of the bank or customer.

.

BENEFITS OF GOOD BANKER/CUSTOMER RELATIONSHIP

There are significant benefits Banks and Customers can derive from good relationships with each other. These include:

BENEFITS TO BANKS

  1. Effective and efficient operation
  2. Increase customer satisfaction
  3. Growth in number of customers
  4. Maximization of opportunities (i.e. increased services, referrals)
  5. Increase access to a source of market competitor information.
  6. Highlighting poor operational processes.
  7. Long-term profitability and sustainability

BENEFITS TO CUSTOMERS

  1. Risk and stress reduction
  2. High-quality service

CONCLUSION

The Nigerian banking industry must understand the importance of Customer Relationship Management in improving the organizational performance of the banks. Banks should focus on increasing their employee’s knowledge-ability and improving their attitude to ensure higher levels of customer relationship management. Effective discharge of Customers and Bankers various rights as well as duties they are both bound with, would go a long way to aid their relationship. Also, Banks should ensure safety of e-banking transactions thereby protecting and safeguarding the interest of customers.

References

1. Banker and customer relationship in Nigeria banking industry by Modish (online) August 20, 2019 Www.modishproject.com/banker-and-customer-relationship-in-nigeria-banking-industry

2. Www.grossarchive.com/project/592/an-evaluation-of-bank-and-customer-relationship-in-nigeria-banking-service

Written By: IBUKUN AJOMOLE ESQ.

Categories Civil Law, Legal Advice

LANDLORD & TENANT RELATIONSHIP: (The Rights and Obligations of Tenants Under Tenancy Laws of Kwara State)

Author Ayobami Olatunde Categories Civil Law, Legal Advice Posted on

Introduction

The law[1] expressly stated that there shall exist a relationship of landlord and tenant and also define the relationship between them to mean:

 “a situation where an interest in property is created in favor of a person out of an interest vested in another property in the same property”.

Such interest created in the relationship between Landlord and Tenant is regarded as Tenancy. This usually for a certain period depending on the agreement between the parties. The duration for tenancy is regarded as the “term”. The tenancy can either be yearly, quarterly or monthly e.t.c.

In ordinary parlance, landlord is the owner or holder of the property given out to another person, who use same for a particular duration for a fee.   The tenancy laws that regulate the relationship between landlords and tenants generally in Kwara State is Landlord and Tenant Laws CAP. L4, Laws of Kwara State 2006.[2]

Creation of Tenancy[3]

The law recognize two major ways by which the tenancy can be created.

  1. The first is that it can be created by act of the parties or by the agreement of the parties.
  • It may arise by operation of law where tenancy is created by virtue of the existence of law, not as a result of the act of the parties.

The mode of tenancy creation can either be orally or in writing. Parties can create tenancy verbally, that is, by oral communication between them.

On the other hand, parties can create it in writing where terms and covenants are clearly stated. The writing can either be under hand or deed.

It must be explained here that a tenancy created by deed out of a right of occupancy for a particular duration is called sub-lease. It doesn’t matter whether the option to renew is made available or not. In this regard the nomenclature of the landlord or holder of right of occupancy will change to sub-lessor and that of the tenant is sub-lessee.

Who is a Landlord

A landlord is the owner of the property who is creating interest in such property in favor of another person. He is the one who is granting tenancy in favor of another. He in turn receive or collect what is regarded as rent from the person.

The law also recognize the holder of statutory right of occupancy as a landlord so to say. Once a person has the power under the law to create an interest in land or building, he can qualify as landlord in the circumstance. For instance, a beneficial owner of property or interest therein may by power of attorney or will or otherwise confer upon another person the right to create a tenancy of such property or interest in favour of another person.[4]

Who is a Tenant

A tenant is the person in whose favor an interest in property is created. In other words, he is the occupier or in possession of the property for a term granted with or without payment of rent.

Types of  Tenants

  1. Tenant based on term granted: This is the tenant whose subject of tenancy is for a particular duration. There are those whose tenancy is for a fixed period. There are others who are yearly tenant, monthly tenant e.t.c.
  • Tenants at will: is a person who is in lawful possession of another person’s property and whose possession of such property is determinable at the pleasure of either party.[5] 
  • Tenant on sufferance: is a person who entered into possession of property by virtue of a lawful title and wrongfully continues in possession without the assent or dissent of the person next entitle to such property or reversion as the case may be.[6]

Legal Capacity to Create Tenancy or Sub-lease

Legal capacity is the ability of an individual to create tenancy either as Landlord or Tenant. The law allows any individual to be granted a tenancy of any property in the state (I,e any person may be a tenant).[7] Generally, any adult person may create tenancy either as a landlord or tenant. However the law provides certain modifications:-

  • An Infants: Section 14 of the Landlord and Tenant law provides that “an infant cannot create a tenancy but his parent or guardian or failing these the High Court may do so on his behalf.
  •  A person in representative capacity: A person who is acting in a representative capacity can create tenancy. The holders of power of attorney can enter into tenancy relationship with another person on behalf of his donor. Also an agent so authorized can enter into tenancy relationship on behalf of his principal and such is binding on the principal.[8]
  • Joint Capacity: This is the ability of two or more people to jointly create tenancy either as landlords or as tenants. It means two or more persons who jointly owned property or an interest may let out their property as joint owners if they all agreed.
  • Lunatics: The law provides that a person of unsound mind may be granted a tenancy, that is, property can be let out to a lunatic but he shall not be sued directly or indirectly upon a tenancy agreement for a tenancy unless the same is necessary for him.[9]

The Rights of a Tenant

The law vested certain rights on tenant. Such rights are either exercisable directly or dependent on the fulfilment of certain conditions. We shall consider those rights

  1. Right to freely create tenancy: Just like in every contract, a tenant has the right to create tenancy voluntarily and freely.  A person cannot be coerced or forced to enter into tenancy relationship with another person. The tenant is also at liberty to negotiate terms and conditions of the tenancy agreement with the landlord.  
  1. Enjoyment of quiet and peaceful Possession: It is the right of a tenant to enjoy quiet possession of the property let to him without interference or interruption from landlord or his agent. The enjoyment of this right is premise on the fulfilment of certain conditions like the tenant paying his rent, performing and observing conditions and covenants under the tenancy or sublease.
  1. Right for use and occupation: It is the right of a tenant to use and occupy the property. The tenant has the right to use facility in the property without hindrance.
  1. Right to be issued and served require notices: Every tenant is entitled to be issued and served with quit notice for the tenancy to be determined. The quit notice must either comply with the agreement of the parties or comply with the law in time being in force. Thereafter, a tenant is entitle to be served with seven days of owner intention to apply, to commit to recover possession. It is sacrosanct right of tenant before he can be ejected for the property.

However, this right is not without limitation. When a tenant fail to pay his rent, he is not entitle to this right. In fact, the court said that the landlord do not have obligation to serve the tenant quit notice. Per Nwaifo JSC opine in the case of OLANIYAN V. SHOKUNBI thus:

“where there has been non payment of rent, the landlord has no obligation to serve quit notice or owner’s intention to recover possession of the premises…”[10]

Obilgations or Duties of a Tenant

The tenant usually have obligations and duties under tenancy agreement or relationship. Some of which  usually forms part of covenants in tenancy.

  1. Duties to pay rent[11]
  2. Duty to keep and deliver up the property in good repair and tenantable condition[12]
  3. Duty to pay taxes, rate etc[13]:- It is the duty of tenant to pay taxes or rate as impose by relevant authority provided that it is clearly stated as part of usual covenants in the tenancy agreement.  
  • Duty to use the property only for the purpose[14]:- It is compulsory that the tenant must use the property he let from the landlord for the purpose for which it was let out to him.  
  • Duty to observe and perform covenants of the tenancy agreement[15]
  • Obligation not to use the property for Illegal purpose(s)

[1] Section 2(2) of the Landlord and Tenant Law CAP. L4 Laws of Kwara State 2006

[2] See the preamble to the law generally and Section 1(1) of the Law

[3] Section 4 (1)(2) of the Law

[4] Section 10 of the Law

[5] Section 54 of the Landlord and Tenant Law

[6] Section 62 of the Law

[7] Section 18 of the Law

[8] See generally Sections 10 and 17 of the Law

[9] Section 22 of the Law

[10] (1997) 6 NWLR Pt. 509 Pg. 446

[11] Section 34(1)(a)

[12] Section 34(1)(b)

[13] Section 34(1)(c)

[14] Section 34(1)(d)

[15] Section 34(1)(e)

Categories Legal Advice

RAPE: A LIFETIME EMOTIONAL DISTORTION (PART 2)

Author Ayobami Olatunde Categories Legal Advice Posted on

Continuation

How to Help Victim of Rape Get Justice

1. If the assault has just occurred, ensure the victim does not bathe, douche, eat, drink or wash any parts of their body until the medical examination is done.

2. Encourage the victim to visit the closest primary health care center, so that the victim can be examined to preserve the relevant evidence as soon as possible.

3. Make a report at the Family Support Unit of the closest police station to ensure the case is investigated and the perpetrator is brought to book.

4. Preserve any physical evidence of the assault including all clothing and records of communication with the perpetrator, if any, and ensure these are well preserved and documented.

5. Keep the collected items in a separate bag for the purpose of conducting a DNA Lab forensic examination on them. This may assist the prosecutor in linking the crime to the perpetrator.

6. The victim should document as much detail about the assault as possible, including descriptions of the assailant, both in writing and by verbal recording.

7. When your child or ward discloses a rape or sexual incident to you, do not overreact as this may cause the victim especially minors to withdraw.

8. When you are told about a rape or assault incidence, listen without being judgmental, empathize, and show support with encouraging words and positive body language.

9. Do not join them to threaten the victim or emotional blackmail the victim from making a formal report or settle the case out of Court. Offence of sexual assault and rape is an offence against the state.

10. Reporting the matter will ensure the victim gets justice and prevent the perpetrator, do not continue to carry out this devilish act.

PUNISHMENT FOR RAPE

Under the Criminal Code, the Violence Against Persons (Prohibition) Act 2015 (VAPPA) and Child Right Act, the punishment for rape is life imprisonment but the under the Penal Code it is a maximum of 14years imprisonment. Attempted rape under the Criminal Code is 14years imprisonment. Gross Indecency under the Penal Code is punishable with 7years imprisonment.

Juvenile Offenders: Under the Criminal Code, a male under 12 is incapable of rape. He can only be charged for indecent assault. However, VAPPA states that offenders less than 14years can be sentenced to a maximum of 14years imprisonment.

Gang Rape: VAPPA provides specific punishment for gang-rapist. It is a minimum of 20years without an option of fine.

RECOVERING FROM RAPE OR SEXUAL TRAUMA

Step 1: Open up about what happened to you

It can be extraordinarily difficult to admit that you were raped or sexually assaulted. There’s a stigma attached. It can make you feel dirty and weak. Reach out to someone you trust. It’s common to think that if you don’t talk about your rape, it didn’t really happen. But you can’t heal when you’re avoiding the truth. And hiding only adds to feelings of shame.

Step 2: Cope with feelings of guilt and shame

Even if you intellectually understand that you’re not to blame for the rape or sexual attack, you may still struggle with a sense of guilt or shame. Feelings of guilt and shame often stem from misconceptions such as:

•           You didn’t stop the assault from happening.

•           You trusted someone you “shouldn’t” have.

•           You were drunk or not cautious enough.

Step 3: Prepare for flashbacks and upsetting memories

When you go through something stressful, your body temporarily goes into “fight-or-flight” mode. When the threat has passed, your body calms down. But traumatic experiences such as rape can cause your nervous system to become stuck in a state of high alert. You’re hyper sensitive to the smallest of stimuli.

To reduce the stress of flashbacks and upsetting memories:

Try to anticipate and prepare for triggers.

Pay attention to your body’s danger signals.

Take immediate steps to self-soothe.

Accept and reassure yourself that this is a flashback, not reality. 

Ground yourself in the present.

Step 4: Reconnect to your body and feelings

Since your nervous system is in a hypersensitive state following a rape or assault, you may start trying to numb yourself or avoid any associations with the trauma. But you can’t selectively numb your feelings. When you shut down the unpleasant sensations, you also shut down your self-awareness and capacity for joy. You end up disconnected both emotionally and physically—existing, but not fully living.

Step 5: Stay connected

It’s common to feel isolated and disconnected from others following a sexual assault. You may feel tempted to withdraw from social activities and your loved ones. But it’s important to stay connected to life and the people who care about you. Support from other people is vital to your recovery.

Step 6: Nurture yourself

Healing from sexual trauma is a gradual, ongoing process. It doesn’t happen overnight, nor do the memories of the trauma ever disappear completely.

You should take time to rest and restore your balance, avoid immersing yourself in television or programs that may trigger flashback, eat right and exercise regularly. Exercise is especially soothing on your nervous system it relieves stress and makes you feel more in control of your body and therefore “powerful”.⁷

Healing from the trauma of rape or sexual assault takes time. Flashbacks, nightmares, debilitating fear, and other symptom of Post-traumatic stress disorder (PTSD) can persist long after any physical injuries have healed.

It is important to note that there are several agencies, lawyers, NGOs interested in helping out victims of rape.

I will draw my conclusion from the Peace Women assertion, “I would like to emphasize that sexual violence poses an obstacle to peace and security. It impedes women from participating in peace and democratic processes and in post-conflict reconstruction and reconciliation. As a tool of war it can become a way of life: once entrenched in the fabric of society, it lingers long after the guns have fallen silent. Many women lose their health, livelihoods, husbands, families and support networks as a result of rape. This, in turn, can shatter the structures that anchor community values, and with that disrupt their transmission to future generations. Children accustomed to acts of rape can grow into adults who accept such acts as the norm. This vicious cycle must stop, as we cannot accept a selective zero-tolerance policy”.⁹

Titilope Adeyemi Esq.

 References

7. http://www.apho.org.uk/sexual-abuse/recovering-from-rape-and-sexual-trauma-guide/

8. https://www.peacewomen.org/content/conclusion-i-would-emphasize-sexual-violence-poses-obstacle

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