By Balogun Sofiyullahi
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Street begging is notorious not only in Kwara State but the whole Federation. More surprisingly, it has now become a lucrative enterprise to such an extent that anyone (even the physically fit) can now freely beg for alms publicly.
However, the legal framework targeted at curtailing or preventing this situation in Kwara State is the Kwara State Street Begging Prohibition Law, No. 7 of 2006 CAP. K50 (the Law).
The Law outrightly prohibits street begging in Kwara State, by virtue of Section 1 which provides:
“As from the commencement of this Law the act of street begging is hereby prohibited”
But then, what do we mean by the terms “street begging” & “alms” ?
Section 7 of the Law provides:
“alms” means money, food, clothes or other material things
“street begging” means to ask a person for alms in the street or public place.
It must be noted from the above definitions that within the framework of the Law, when you beg for money, food etc PUBLICLY & NOT PRIVATELY, the Law applies to you.
In this light, by a community reading of Sections 1 & 7 of the Law, it is prohibited to beg for alms on the street in Kwara State.
How then do you beg for alms to be caught by the Law ?
Section 2 of the Law provides:
“Any person who wanders about or places himself in a street or public place within the State to ask, beg for or gather alms from any person is guilty of an offence”
Furthermore, it is important to note that if you assist by encouraging anyone to beg for alms, you are also guilty of an offence under the Law.
Section 3 of the Law provides:
“Any person who causes, encourages, instigates, intentionally aids or facilitates by any act or omission, another person to engage in street begging commits an offence”
Therefore, by virtue of Section 4 of the Law whether you beg for alms or you encourage anyone to do so, you are (both) guilty of an offence and liable on conviction to three months imprisonment or a fine of not more than #5,000 or both.
Furthermore, by the provision of Section 5(1)(b) of the Law, as a member of the public, you have the power to arrest anyone that begs or aids another persons to beg for alms on the street but then, you must immediately hand over such offender(s) to the nearest police station without delay.
In addition, as much as we are to be compassionate enough to give to the needy, let it be noted & remembered that there is no sentiment or sympathy in judicial deliberations. The Supreme Court in the case of GLOBAL WEST VESSEL SPECIALIST (NIG) LTD v. NIGERIAN LG LTD & ANOR (2017) LPELR-41987 (SC) held:
“But wait a minute! My Lords, permit me to add here that my sympathy…is of no moment as the law brooks neither sentiment nor empathy.”
See also Suleiman v C.O.P.Plateau State [2008] 21 WRN 1,13; Udosen v State [2007] 4 NWLR (PT.1023) 125;137.
Finally, the Law was passed by the (House of Assembly) representatives of the people and assented to by the (then) Governor of Kwara State who was duly voted in by the people. Hence, if anyone is not satisfied with the Law, call for a reform being part of the “people”. If not, we must all comply not to be guilty !
Dura Lex Sed Lex: The Law may be harsh, but it is still the Law.
10/6/20
balogunsofiyullahi@gmail.com or +2347032676039
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