Barrister Shares Simple Step Ladies Should Take When Sued for Not Coming after Receiving T-Fare
- In recent times, stories of men dragging ladies to court for failing to show up at their houses after collecting transport fares have circulated online more than in previous years
- What made them cheering stories for the male folk was that each of those stories ended with the lady being mandated to refund the t-fare or pay for damages, which exceeded the amount received
- In an exclusive interview with Legit.ng, Barrister Chidera Divine Ebimnamaonye, founder of Pure Legal Solicitors, has shed light on what ladies should do when sued for taking t-fare and not showing up
Widespread reports of ladies refunding the t-fares they took from men after being sued or served a notice by lawyers have sparked debates on social media, with many men celebrating the outcomes as wins.
From a broader legal perspective, a barrister and solicitor of the Supreme Court of Nigeria, Chidera Divine Ebimnamaonye, has weighed in on the discussion.
Source: Getty Images
Sex for money and refund of t-fares
The learned silk, in an exclusive interview with Legit.ng, clarified that giving a lady money in exchange for sexual intimacy is quite different from giving a woman money for a mere visit or other legal reasons.
Barrister Chidera stated that giving a woman money for the purpose of meeting up for sexual gratification amounts to prostitut'ion, which is prohibited under the Criminal and Penal Codes in Nigeria. In his words:
"The society needs to understand that giving a lady money to come to your house in exchange for sexual intimacy (sex) is different from giving a woman money to come to your house for mere visitation or for some other legal reasons.
"While giving a woman money to come to your house for the purpose of meeting up with you for sexual gratification, per se, amounts to prostitut'ion, which is prohibited under the Criminal and Penal Codes in Nigeria, Section 223(2) of the Criminal Code states:
"'Any person who procures a woman or girl to become a common prostitute, either in Nigeria or elsewhere, is guilty of a misdemeanor and is liable to imprisonment for two years.'"
He further said:
"According to Merriam-Webster Dictionary, prostitut'ion means:
“'The act or practice of engaging in sex acts, and especially sexual interco'urse, in exchange for pay.'”
Chidera, founder of Pure Legal Solicitors, posited that in the eyes of the constitution, any agreement made in pursuit of sex for money is void.
"Now, in view of the above position of the law and the prohibition of procuring prostitutes as a crime under the Criminal Code and Penal Code, it is clear that any agreement made in pursuit of sex for money (prostitu'tion) in Nigeria is void.
"The law is totally clear that where parties have any agreement on an illegal transaction or a criminal act, e.g., sex for a fee, the contract or agreement is void and not enforceable. The principle of law is that every agreement on an illegal transaction is void and unenforceable."
What this implies is that if a lady collected transport fare and failed to come over, she will not be held liable for a civil remedy, as the monetary fee for sex is an illegal contract.
"That is to say, if a lady fails to come over to a guy's house after being paid money for the purpose of sex (prostitut'ion), and if she fails to come over, she will not be held liable for a civil remedy, as such a monetary fee for sex is an illegal contract, and the law doesn’t recognise it."
What should ladies do after being sued
Legit.ng asked the lawyer what should be the next course of action for a lady who had been sued by a man for collecting t-fare and failing to show up. He advised:
"It depends on the circumstances of each case. If the money was paid for sex, vis-à-vis prostitut'ion, the lady should get a lawyer to defend her because the court doesn’t have jurisdiction to look into an illegal contract or agreements made to commit a crime.
"Then, she should go on appeal, as the judgment would be set aside for being made erroneously."
Legit.ng further asked the barrister if things could turn in favour of the sued party (the lady) so much to the point that she gets compensated, and he said:
"Yes, when you institute a frivolous action in court, the law is that you will pay compensation to the person you brought to court."
Source: Getty Images
In a related story, Legit.ng reported that a man had shared how he dealt with a lady who collected N85k from him but did not show up.
Police warn women who collect t-fare
Meanwhile, Legit.ng previously reported that the Rivers State Police had warned women who collect transport fare but fail to show up for dates.
The warning was issued by the Police Public Relations Officer, SP Grace Iringe-Koko, in a video that circulated on X on Wednesday, September 3.
She explained that taking money under such pretence falls within the offence of fraud and is punishable under Nigerian law. She stated that if such complaints are formally lodged with the police, the accused persons could be arrested and prosecuted for obtaining by false pretence.
Source: Legit.ng
