In our wildest imagination, some certain thoughts might not, or aren’t meant, to come into play. But that doesn’t mean we can’t witness the unimaginable in our clime.

Sometime ago, the news went viral of a certain untold melodrama that transpired in Delta State, precisely Warri, in Nigeria. Till now, many are yet to absorb the occurrence as a reality.

According to the report, on Friday, 18th September 2020, four hotel staff in the aforementioned ancient city – namely, Gloria Oguzie (F), Victor Ephraim (M), Roselyn Okiemute (F), and Precious Achibong (F) – were arrested by the police for allegedly stealing N5,000.

The accused persons, who were three females and a male, were reportedly workers of a lodging outlet called Signatious Hotel situated in the oil-rich city in Nigeria.

The arrest, which was ordered by the Chief Executive Officer (CEO) of the establishment, Mr. Kenneth Gbagi – a former Nigerian Minister of State for Education – was as a result of the alleged theft observed by the said owner the previous day being September 17, 2020.

It’s noteworthy that the accused were out-rightly stripped and photographed inside the hotel – as instructed by the boss – before handing them over to the officers from the Ebrumede Police Station. This implies that the policemen took the embattled staff away while they were stark nude.

It was further learned that the Hotel Management forcefully made some withdrawals from the bank accounts of the accused, using their Automated Teller Machine (ATM) cards, probably as also directed by the boss, before the police took them away in a waiting van.

They were remanded in the said station and consequently charged to a Magistrate Court in Effurun, also in Warri, after four days of detention. At this juncture, one might be wondering if the incident actually happened.

In a five-count charge, the police accused the suspects of “conniving among themselves to steal money ranging from N156,000, N110,000, N5,000 and N2,000 owned by Signatious Hotel”, hence committed an offense punishable under Section 516 and 390 (9) of the Criminal Code Law of Delta State.

It’s worth noting that they were granted bail on the fourth day being Monday, 21st September 2020 upon the intervention of some anti-corruption and human rights activists.

However, a source – who happened to be a staff of the affected hotel and pleaded anonymity – stated that the N5,000 found with the accused was given to them as a gift by a guest because of their good and accommodating behaviour.

When the incident was learnt by my person, owing to skepticism which usually ensues whenever such news filters in, I used several avenues and channels to ascertain the genuineness of the report. In the long run, it was proven by the sources contacted beyond doubts.

Simply because of N5,000, a group of accused bona-fide citizens of Nigeria were dehumanized in broad daylight. Let’s assume the cash was truly stolen by the workers; was it a good reason to strip them? One question, too many.

Though I wasn’t trying to justify stealing, because no form of theft could be justified, it’s imperative to acknowledge that the treatment meted out to these persons isn’t in any way justifiable. It’s more appalling and disheartening when realized that the inhumane assault was informed by mere accusation or suspicion.

As if stripping them wasn’t enough, they were further detained by the police for over seventy-two hours, yet someone somewhere may still be claiming the right of his actions.

It might perhaps amaze or shock you to take into cognizance that the said boss, Mr. Gbagi was at the time nurturing governorship ambition in Delta State towards 2023 gubernatorial race. At this point, if your thoughts are the same as mine, then we are in the same ship.

Another intriguing part of the case was the aspect where other amounts of money were mentioned by the complainant to have been stolen by the defendants as entered in the count charge presented before the law court.

Aside N5,000, which was fundamentally in question, amounts such as N2,000, N110,000 and N156,000 were equally part of the allegation. Does it imply there had previously been occasions involving missing monies, or it was just a concocted statement?

More so, the accused were as reported, compelled to make withdrawals from their respective bank accounts. Does this mean the boss had already refunded his purse prior to stripping and arresting them? The matter, as reported, was so complicated to my liking, to assert the least.

Whatever could be the actual case, the bone of contention remained that the boss goofed, hence deserved to be arrested and charged to court by the accused persons for defamation, unlawful detention and abuse of human rights, which are obviously punishable under the Nigerian extant law.

On the other hand, the action of the police couldn’t be possibly left out or swept under the carpet. How could they ‘graciously’ arrest a group of persons who were left stark naked by their employer under the guise of theft or whatsoever?

The police, who are meant by law to protect one’s dignity, were rather allegedly caught doing otherwise. The situation as I earlier stated, must be holistically investigated by the higher authority with a view to ensuring that whosoever is found culpable in the process doesn’t go scot-free.

Although the entrepreneur cum politician may have been eulogized by his likes over these callous acts, there’s a compelling need to remind him in practical terms that an accused person remains innocent till otherwise proven guilty by a court of competent jurisdiction.

Though already two years down the line, it’s noteworthy that no time is too late for justice to be served.

In the common law of contract, the basic ingredients that make up a contract is the invitation to treat, the subsequent offer, the acceptance of the offer and the furnishing of the consideration (payment of the contractual sum) by the offeree.

Once these four basic things are in place and fulfilled then a legal contract is deemed to have been established and it automatically becomes binding on every party to the contract. It does not matter if the contract was made on parole (contract made orally) or a documented contract (contract written and signed on paper) and it also becomes fully enforceable. 

When a contract is binding and enforceable, a party to the contract cannot unilaterally vary the terms of the contract while the contract is still subsisting without putting the other party in the contract on notice, once this happens, it is tantamount to a breach of the contract. 

The law of contract holds every party to the contract to their words to ensure that none of the parties renege on their promises subsequently for any reason (unless the reasons are forces beyond their control). 

Although, a contractual term or contractual terms can be varied at any point in the contract (ie changed or amended in any way whatsoever) but it must not be done unilaterally, if it must be varied, it must be done with the consensus of all the parties in the contract if not the unilateral variation of any term in the contract by any of the party will amount to breach of contract. 

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Powa international children school, Abuja was in the news yesterday to have sent some school children out of the class denying the little kids of their studies on the ground that they kids have not paid their complete school fees. 

According to the parents of the children when interviewed, the regular term school fees were paid with genuine presumption that the amount paid by them is the right school fees sum, to their utmost surprise, the management of the school informed them at the middle of the term that the school fees have  been increased by the management without first calling a Parents Teachers Association (PTA) meeting or giving any  prior information to the parents of the kids of the subsequent increment of the school fees. 

This act of the school management amount to variation of contractual terms, a contract both the parents of the kids and the school management are parties to, and in the (common) law of contract as we established earlier, a party to the contract cannot on its own, without the knowledge of the other party in the contract vary or change the terms of the contract, if this happens, it amount to breach of contract which is fully enforceable for damages. 

This piece doubles as an unbiased legal opinion on this matter and also a clarion call to relevant  governmental bodies and Non Governmental Organizations (NGOs) interested in education to look into the matter and decipher the reason why the management of Powa international children school, Abuja  should engage in an act of this nature and to also to look into other numerous petitions that are similar to this.