THE NEW LAGOS STATE COMMISSIONER OF POLICE, MR.KAYODE ADERANTI HAS BEEN TALKING TOUGH. ANGRY BY THE ATTACK OF DOGS ON A FOUR-YEAR-OLD BOY, HE VOWED TO ARRAIGN THE DOGS. PEOPLE LAUGHED AT THE NOTION OF CHARGING DOGS TO COURT. BUT SOME LAWYERS HAVE SOMETHING TO SAY ABOUT SUCH 'DOG LAW'...
There’s nothing new in owners of dogs that kill or mauled victims being
arraigned in court, especially in other climes. Nigeria may, however soon
become, the first country where dogs that attack, and inflict bodily harm would
be charged to court instead of their owner. Indeed, in the USA, a couple that
owned two dogs that killed 46-year-old jogger, Craig Sytsma was charged to
court. Prosecutors filed second-degree murder charges against the couple. The
dogs fatally mauled jogger in rural Michigan.
Lapeer County Prosecutor Tim Turkelson issued the warrants against 45-year-old Sebastiano Quagliata and 44-year-old Valbona Lucaj. The couple was also charged with possessing a dangerous animal causing death. Craig Sytsma, of Livonia, was brutally mauled on July 23. In October, 21, 2014, the Lagos State Commissioner of Police, Mr. Kayode Aderanti, paraded two dogs- Jack and Gadaffi- which attacked a four-yearold boy. The Police boss also vowed to charge the dogs to court. This declaration generated a lot of discussions in many circles. Many people asked if dogs could be charged to court. Others openly scoffed at the idea, stressing that even developed countries had never charged a dog to court before. The four-year-old victim, Omonigho Abraham, almost died after his scalp was eaten by two Alsatian dogs on September 25.
The dogs chewed the skin and exposed the victim’s skull during the attack which happened at Adegboyega Street, Akesan Estate, in the Igando area of Lagos. The dogs were said to have dragged the boy through the compound for more than one hour while policemen and sympathisers watched helplessly at the entrance of the house, fearful that the dogs might turn on them if they attempted to rescue the boy. The police later arrested the two dogs. The victim’s elder brother, Osemudiamen, who witnessed the attack of his brother, said that they were riding bicycles in the compound when Jack and Gadaffi started barking at them. Osemudiamen said: “My elder brother and I quickly ran upstairs and locked the door while Omo (Omonigho), who could not run fast, was left behind. When he got to the door, he knocked that we should open for him and as we did, one of the dogs forced his way into the house with him.
We all ran out. Bobby jumped down from upstairs and I also jumped. But Omo could not jump, so the dogs attacked him.” Presently, Omonigho is still battling to stay alive at the hospital. Lawyers who spoke on the likelihood of dogs being charged to court described it as a novelty idea, while another said it was nothing new. Baarrister Gerald Abonyi said: “Such law has been in existence. Dogs, man-eating lions can be charged to court. The direction of human rights has gone beyond only human rights. There are also animal rights now. The universal declaration of human right sand the additional protocols of 1966 and 1967 have gone beyond protection of only human rights.” Abonyi said that the rights of animals had been recognised as existing rights under international law. He said that the culpability of the dogs had to be ascertained and this could be done in court once they were arraigned. The lawyer further explained that the court will also try to find out if the owner of the dogs negligently allowed them loose to cause harm to others.
“The law has a way to deal with such owners,” said Abonyi. “If it’s found out that those dogs used to be pets and something happened on that day that made them to be erratic on that day, then it will be determined in court. The dogs would be arraigned and circumstances will determine what transpired on that day. “You don’t just put a dog down. If they’re found culpable, the court will make a judgement. They can be taken away from that environment and quarantined in a proper environment where dogs are kept.
The court can also arrive at a conclusion that the dogs are vicious or that they are no longer fit to be kept in a human environment. The court can make an order for the dogs to be put to sleep. Mind the language. The language is put dogs to sleep. It means to kill them. There is a procedure to putting dogs to sleep. You must follow international best practices. You don’t just line up a dog and shoot it. No! The dogs are entitled to legal defence. “The court can’t go ahead to pronounce those dogs guilty or not without a proper legal representation. If the court did not get a legal representation for the dogs, it would be a mistrial. Those dogs must be properly defended by legal counsel in a court of law.” The barrister explained that the owner of the dogs would be called to testify and the court would seek expert opinion in the matter.
“The expert opinion will be a veterinary doctor, who will determine the state of the dog. The court will determine the circumstances surrounding that attack, attempting to find out things like; did the child provoke the dogs? Are the dogs allergic to something that the kids did? Were the dogs starved of food? All these would be taken into consideration to determine the state of the dogs.” Another lawyer, Titus Eze said he had never heard of dogs being charged to court, describing it as a novelty. “I’ve not heard of it, not just in Nigeria, but anywhere in the world,” said Eze. “Can the plea of the dogs be taken? I don’t know how dogs would be charged to court and how the charges would be read to the dogs. And I don’t know how the dogs will respond when they are asked whether they are guilty or not guilty. “I don’t know what law the police are going to charge the dogs with.
It’s strange. If you take someone to court, the charges will be read. If it’s High Court, they’ll ask the person, guilty or not guilty? If the person is taken to a Magistrate’s Court, he would be asked if he wants to appeal in the High Court or not. The person will be given options. The charges will be read and the person will be asked if he understands the charges. But for a dog, I don’t know how it will respond to a charge after it has been read.” Mr. Emeka Ngige, a Senior Advocate of Nigeria (SAN), also said that he had never heard of such an occurrence. Ngige believes that Aderanti meant something else, not that the dogs would be arraigned as many Nigerians thought. Ngige said: “I don’t think it’s charging the dogs to court that the CP meant. I believe he meant getting an order to put the dogs out of circulation. If they just shoot and kill the dogs, the owner may pick offence.
They can get a court order for the dogs to be killed. “We have a law on animals, but I can’t cite it off-hand now. It’s like in Spain, where a nurse contracted the Ebola virus. The nurse had a pet dog living with her. When the woman was quarantined, they told the woman and husband to sign a paper so that the dog could be killed. The couple refused, saying the dog was very dear to them. The dog was finally taken to court, where an order was given for the dog to be killed. “The dog was killed. It was done for the safety of people. I think that’s what the CP had in mind, not that he wants to charge the dogs to court, where counsels will argue. The police just need an order to eliminate that dog. There’s no precedent I know where a dog had been charged to court.”
Lapeer County Prosecutor Tim Turkelson issued the warrants against 45-year-old Sebastiano Quagliata and 44-year-old Valbona Lucaj. The couple was also charged with possessing a dangerous animal causing death. Craig Sytsma, of Livonia, was brutally mauled on July 23. In October, 21, 2014, the Lagos State Commissioner of Police, Mr. Kayode Aderanti, paraded two dogs- Jack and Gadaffi- which attacked a four-yearold boy. The Police boss also vowed to charge the dogs to court. This declaration generated a lot of discussions in many circles. Many people asked if dogs could be charged to court. Others openly scoffed at the idea, stressing that even developed countries had never charged a dog to court before. The four-year-old victim, Omonigho Abraham, almost died after his scalp was eaten by two Alsatian dogs on September 25.
The dogs chewed the skin and exposed the victim’s skull during the attack which happened at Adegboyega Street, Akesan Estate, in the Igando area of Lagos. The dogs were said to have dragged the boy through the compound for more than one hour while policemen and sympathisers watched helplessly at the entrance of the house, fearful that the dogs might turn on them if they attempted to rescue the boy. The police later arrested the two dogs. The victim’s elder brother, Osemudiamen, who witnessed the attack of his brother, said that they were riding bicycles in the compound when Jack and Gadaffi started barking at them. Osemudiamen said: “My elder brother and I quickly ran upstairs and locked the door while Omo (Omonigho), who could not run fast, was left behind. When he got to the door, he knocked that we should open for him and as we did, one of the dogs forced his way into the house with him.
We all ran out. Bobby jumped down from upstairs and I also jumped. But Omo could not jump, so the dogs attacked him.” Presently, Omonigho is still battling to stay alive at the hospital. Lawyers who spoke on the likelihood of dogs being charged to court described it as a novelty idea, while another said it was nothing new. Baarrister Gerald Abonyi said: “Such law has been in existence. Dogs, man-eating lions can be charged to court. The direction of human rights has gone beyond only human rights. There are also animal rights now. The universal declaration of human right sand the additional protocols of 1966 and 1967 have gone beyond protection of only human rights.” Abonyi said that the rights of animals had been recognised as existing rights under international law. He said that the culpability of the dogs had to be ascertained and this could be done in court once they were arraigned. The lawyer further explained that the court will also try to find out if the owner of the dogs negligently allowed them loose to cause harm to others.
“The law has a way to deal with such owners,” said Abonyi. “If it’s found out that those dogs used to be pets and something happened on that day that made them to be erratic on that day, then it will be determined in court. The dogs would be arraigned and circumstances will determine what transpired on that day. “You don’t just put a dog down. If they’re found culpable, the court will make a judgement. They can be taken away from that environment and quarantined in a proper environment where dogs are kept.
The court can also arrive at a conclusion that the dogs are vicious or that they are no longer fit to be kept in a human environment. The court can make an order for the dogs to be put to sleep. Mind the language. The language is put dogs to sleep. It means to kill them. There is a procedure to putting dogs to sleep. You must follow international best practices. You don’t just line up a dog and shoot it. No! The dogs are entitled to legal defence. “The court can’t go ahead to pronounce those dogs guilty or not without a proper legal representation. If the court did not get a legal representation for the dogs, it would be a mistrial. Those dogs must be properly defended by legal counsel in a court of law.” The barrister explained that the owner of the dogs would be called to testify and the court would seek expert opinion in the matter.
“The expert opinion will be a veterinary doctor, who will determine the state of the dog. The court will determine the circumstances surrounding that attack, attempting to find out things like; did the child provoke the dogs? Are the dogs allergic to something that the kids did? Were the dogs starved of food? All these would be taken into consideration to determine the state of the dogs.” Another lawyer, Titus Eze said he had never heard of dogs being charged to court, describing it as a novelty. “I’ve not heard of it, not just in Nigeria, but anywhere in the world,” said Eze. “Can the plea of the dogs be taken? I don’t know how dogs would be charged to court and how the charges would be read to the dogs. And I don’t know how the dogs will respond when they are asked whether they are guilty or not guilty. “I don’t know what law the police are going to charge the dogs with.
It’s strange. If you take someone to court, the charges will be read. If it’s High Court, they’ll ask the person, guilty or not guilty? If the person is taken to a Magistrate’s Court, he would be asked if he wants to appeal in the High Court or not. The person will be given options. The charges will be read and the person will be asked if he understands the charges. But for a dog, I don’t know how it will respond to a charge after it has been read.” Mr. Emeka Ngige, a Senior Advocate of Nigeria (SAN), also said that he had never heard of such an occurrence. Ngige believes that Aderanti meant something else, not that the dogs would be arraigned as many Nigerians thought. Ngige said: “I don’t think it’s charging the dogs to court that the CP meant. I believe he meant getting an order to put the dogs out of circulation. If they just shoot and kill the dogs, the owner may pick offence.
They can get a court order for the dogs to be killed. “We have a law on animals, but I can’t cite it off-hand now. It’s like in Spain, where a nurse contracted the Ebola virus. The nurse had a pet dog living with her. When the woman was quarantined, they told the woman and husband to sign a paper so that the dog could be killed. The couple refused, saying the dog was very dear to them. The dog was finally taken to court, where an order was given for the dog to be killed. “The dog was killed. It was done for the safety of people. I think that’s what the CP had in mind, not that he wants to charge the dogs to court, where counsels will argue. The police just need an order to eliminate that dog. There’s no precedent I know where a dog had been charged to court.”
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