One of the followers of Your Lawyer Friend shared this story with me and wants you to learn from it. Consider this a follow up to THE ACCUSED AND THE COMPLAINANT – POLICE’S MEAL TICKET.
Our friend is a DJ and he was contracted to perform at a party by Mr. O. DJ performed so well that to show how impressed he was with all the songs that were played at his party, Mr. O requested that DJ borrow him his laptop till the next day so that he could copy his play list.
Our friend, happy with himself, borrowed Mr. O his laptop but when he got back to Mr. O’s house the next day to retrieve his laptop, he was informed that his beloved tool for earning had been stolen overnight.
Exasperated, DJ threatened to make heavens fall if his laptop was not produced, but when he saw that his threat held no water, he settled for seizing Mr. O’s mobile phone, probably to give him the necessary enthusiasm to produce his laptop.
After a few days, Mr. O could no longer bear life without his mobile phone and instead of trying to find a way to reach settlement terms with DJ, he approached the police station, reported a case of stealing, paid the required sum of money and got DJ arrested.
DJ tried to explain the true position of things to the police, but since he was not the one who paid their fees, he was the enemy. DJ was kept behind bars for a few days, after which he was released to hopelessly mourn the demise of his laptop and tool of business.
You see, I told our mutual friend, DJ should in the first place not have resorted to jungle justice. If someone gets your property stolen, report the crime to the police in the company of your lawyer. We do this a lot. We create an illegal lien on someone else’s property just because they owe us some money, or they got our property missing. This is wrong. At least, now we see what probable end such decision could have.
However, since two wrongs don’t make a right, Mr. O should not have towed the path he did, he should have also contacted his lawyer so that in the company of the latter, both Mr. O and DJ can reach convenient terms on which the laptop can be replaced, probably get his phone back, and everybody will be happy.
Anyway, our friend having been cheated and suffered double jeopardy has two options.
He could either let it go and see it as punishment for his past wrongs (lol), or pursue his fundamental human rights as enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended) by instituting an action in court against the police (which if well handled could earn him some cash), and against Mr. O for malicious prosecution and specific performance of his part of the deal, that is, the agreed return of DJ’s laptop – I believe they entered into a contract, albeit oral, which is enforceable by or against either party.
The juiciest part of the remedies available to DJ against Mr. O is for loss of earnings (which I’m especially excited about…lol). Since DJ’s tool of business is the laptop that was allegedly stolen in the custody of Mr. O, DJ must have lost some earnings due to the unavailability of his laptop; customers must have sought his performance at their parties, but he must have turned them down because of what Mr. O did to him.
Finally, I advise that before you go to the police, you need a lawyer, whether you are the victim or the other guy because the police can deal more injustice on you than you could ever imagine.
You don’t have to be alone in your ordeal!
Do you have any issue you need an advice on or a story you want published for other followers to learn from? Feel free to talk to me.