The likelihood of the prosecution of Mercy Aigbe’s estranged husband, Olanrewaju Gentry by Lagos state for domestic violence is high as the centre in charge of such matters has stepped in.
168. (1) A person who-
(a) strikes, touches, moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent; or
(b) by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, in such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose is said to assault that other person.
(2) The term ‘applies force’ includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatsoever, if applied in such a degree as to cause injury or personal discomfort.Unlawful assaults.
169. (1) An assault is unlawful and constitutes an offence unless it is authorised or justified or excused by Law.
(2) The application of force by one person to another may be unlawful if it is done with the consent of that other person where:
(a) on grounds of age or weak intellect, a person is incapable of understanding the nature of the act to be done; or
(b) the consent was obtained by fraud.
(c) the assault is of a nature likely to endanger human life or is likely to cause a breach of peacePunishment of assault.
170. Any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for one year.
Assaults occasioning harm.
171. Any person who unlawfully assaults another and thereby does him harm is guilty of a felony, and is liable to imprisonment for three years.