With Dayo Benson
Lately, I’m worried over spate of violence across the country which result in wanton destruction of lives and property. I have heard and read stories of how houses and vehicles are set ablaze on the slightest provocation.

Apart from the one that happened in the northern part of the country, street gang war which often result in destruction of innocent citizens’ property is also becoming a fad in the south. Do such citizens have a right to protect their property when arsonist are approaching?

— Bamidele

It is quite disturbing the way people resort to violence at the slightest provocation these days.

But those who feel threatened by such act of lawlessness have the right to protect themselves and their property whenever they are faced with violence. The right to life is guaranteed in the 1999 Constitution  to all citizens but there is a limit. People have the right to defend themselves and their property against violence. So, if life is lost in the process of protecting your property from being destroyed by arsonists, the law regard this as self-defence.

Specifically, S. 33 (2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary- (a) for the defence of any person from unlawful violence or for the defence of property; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or (c) for the purpose of suppressing a riot, insurrection or mutiny. From the forgoing, the position of the law is very clear on such situations.

Land gift

My husband is the first child in a family of five. His other siblings are females. We lived in his family house for a while after the wedding. In the course of our living there, his mother gave him a piece of land which we quickly developed and moved into though uncompleted as at the time we packed in. We have since fixed the necessary parts.

My major worry is that there is no document whatsoever that shows that his mother gave him the piece of land. I have been urging him to approach the mother to formalise it but he seems not bothered. Is it not possible for his siblings to come forward in future to lay claim to the property even if they are not showing any interest now.

— Esther

Your fears are genuine. Anything can happen in future really especially if the gift remains oral. It is proper for parents to make inter vivour gift to their children while they are still alive. It is a piece of land, there must be a deed of gift from the parent to the child. It is this deed, like the deed of assignment that confers title to the land on your spouse.

It is a fundamental requirement of the law that every land transaction be it purchase or gift must be backed by a deed. Insist that your husband gets his mother to execute the deed in his favour.