By Funmilayo Olagunju

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The 8th edition of the Black’s Law dictionary defines affray as the fighting, by mutual consent, of two or more persons in some public place, to the terror of onlookers. The fighting must be mutual. If one person unlawfully attacks another who resorts to self-defense, the first is guilty of assault and battery, but there is no affray.

Affray means to worry, concern, trouble, disturb” The latin root word for affray is “exfridare” which means to take out of peace. Affray is a crime that disturbs public peace through fighting.

Section 83 of the Criminal Code Act prohibits affray:

Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to imprisonment for one year.

The crime of Affray is not gender specific. It is immaterial whether the persons involved are of the same gender or not. Though it might look insignificant, the conviction or caution for Affray forms part of criminal records.

Other (administrative) sanctions might result from the act of affray. For instance, Students in tertiary institutions caught fighting in public might have to face Disciplinary committee of the School. The work place ethics might also have a stipulated measures for such disturbance.

The singular act of public fighting may also constitute the element of more grievous criminal charges. Differences should be handled in a civil manner rather than resorting to public fight. The wisest is not the one who gives double for every insult and the bravest is not the one who bares the chest to fight.

The act of instigating or challenging others to Public fight is also a crime proscribed by Section 84 of the Criminal code Act:

Challenge to fight a duel. Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a felony, and is liable to imprisonment for three years”

“A truly wise person uses few words; a person with understanding is even-tempered”

Proverbs 27:27 NLT