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Dec 17, 2012

PROCEDURE FOR REGISTRY MARRIAGE IN NIGERIA

Marriages in all religions and faiths is a sacred institution, a union of two who unite  to become one, this not only promotes procreation as married couples more often than not have children, spending the rest of one's life with that special significant other can lead to a life of happiness and maybe pain (as the case may be), but let's not dwell on the emotions that tear at couples during their lifetime pact to remain by eachother, let's focus rather on the rules and guidelines that the law prescribes for marraige. The Marriage Act is the law that makes provisions for the celebrations of marriages in Nigeria.

Nov 27, 2012

CITIZENSHIP UNDER NIGERIAN LAW

 A Citizen as defined by the Oxford Dictionary is a person who has full rights in a country. A citizen could also be a person who is recognised by a country as being her citizen because such person possesses some chracteristics (e.g. To be born in that country) which entitles him or her to some rights in that country. Under the Nigerian 1999 constitution, one may be a citizen either by birth, registration or by naturalisation  ( see Section 25 - 32 of 1999 Constitution). 
 
Citizenship by birth.

Nov 23, 2012

SEARCH WARRANTS: Rights of Police Officers

 How a Search warrant works.   What do you do when a policeman walks up to you and demands that you empty your pockets or stops you at a check point and demands to search your vehicle or maybe even your house? At such times, i have always yielded to their demands and i am sure you have too.

Nov 15, 2012

BAIL; FREE OR NOT

Many Nigerians do not understand the concept of bail, there have been questions about whether bail is free in police stations or whether it should be free. In some countries, offenders are required to post bail after submitting a form of security. In Nigeria, the police is empowered to grant bail for a reasonable sum,

Oct 27, 2012

TAX OBLIGATIONS AND RESPONSIBILITIES OF LEGAL PRACTITIONERS

TAX OBLIGATIONS AND RESPONSIBILITIES OF LEGAL PRACTITIONERS
by
SANMI ABIODUN  
Obligations in the legal sphere towards tax are in varying capacities; individuals and corporate entities (law firms). The duty of a legal practitioner to tax payments can initially be captured by his role as a Nigerian citizen, hence, Section 24(f) of the Constitution of the Federal Republic of Nigeria, 1999. Section 41(3) of the Personal Income Tax Act, 1993 confers a more specific duty on all legal practitioners to file the returns of their income and claims for reliefs and allowances relating to the preceding year within 90 days from the beginning of every year. He is to obtain and complete the required forms from the govt. designated banks and make payment in line with the minimum tax payable for his category.

Oct 23, 2012

NIGERIA TERRORISM PREVENTION ACT 2011

Introduction – Terrorism (Prevention) Act, 2011
Terrorism has continued to threaten global peace and prosperity. To address this criminal activity, governments all over the world, including the Nigerian government, have passed into law various legislation making terrorism very serious global criminal offences.
In Nigeria, the legislation that proscribes all manner of terrorist activity is the Terrorism (Prevention) Act, 2011.
What is Terrorism?

Oct 18, 2012

RIGHTS & DUTIES OF TENANTS IN LAGOS STATE

In Lagos State, the law that applies to tenancy matters is the Tenancy Law of Lagos State 2011 though it doesn't apply to every part of Lagos, areas such as Apapa; Ikeja G.R.A; Ikoyi; and Victoria Island are exempted from the law. Also, residential premises operated by educational institutes for their staff and students; residential premises provided for emergency shelters and residential premises providing rehabilitative or therapeutic treatment are exempted from the Law as well.  
The introduction of the Law by Governor Fashola won the heart of Lagosians because it prohibited property owners from collecting more than a year's rent from tenants, it also prohibits the tenant from offering and if either party are found culpable of such act they shall be liable to 3 months imprisonment or a fine of N100,000. 00.

Oct 15, 2012

BASICS TO FORMING A COMPANY


Due to the lack of jobs in the Nigerian labour market, enterprenuership seems to be the solution to wealth building and financial stability. Not only are many young Nigerians becoming CEOs but they are also doing a fine job of it with young companies springing up daily in their hundreds.  There is no gain saying that these generation of companies will carve a niche for their brands in the Nigerian economy, you could be part of them to, but first of all, you need to own a company.

  This article aims to inform every would be Nigerian enterprenuer of the legal requirements  needed to form a company. It is a general rule that 2 or more persons may come together to form a company for the purpose of profit making and that every company must be formed in the manner set out in the Companies and Allied Matters Act

INCESSANT LEAKS: MEDIA FREEDOM AND NIGERIA’S ENTERTAINMENT INDUSTRY

Listen to the leaked conversation on this Link ; http://www.tayotv.net/2012/10/audio-mavins-drsid-x-wande-coal-argue.html?m=1  
The Media and Entertainment Law as a substratum of Law practice is considered undeveloped or non-existent in major quarters, how far from the truth can those who subscribe to that notion be?, Nigeria remains a Nation with innumerable  legislations, perhaps we are only deficient at enforcing same.
Media and Entertainment Law practice is immediate, racy, fast-moving and liable to change at a moment's notice, and only a handful of lawyers have

Oct 12, 2012

HOW TO PURCHASE LAND

A friend once came to me with the problem of having been swindled by dubious land sellers and he lost quite a huge sum of money. I also know that a lot people fall prey to this schemes daily. It is no longer news that the lagos metropolis is filled with various independent agents usually called "omo onile" meaning "children of the land"who parade themselves as rightful owners of property to unsuspecting purchasers.
This article is a brief summary of what every land buyer should know when contracting in landed properties.   When a purchaser intends to buy land or

Oct 11, 2012

WILLS, TESTATORS AND PROBATE COURT

Many Nigerians have a misconceived impression about making Wills. When asked if he/she has a will, their ready response is usually "do you wish me dead, why do i need a will?". Such statements are actually proof of ignorance, as preparing a will does not in any way add or remove a day from anyone's life. Others however have many questions about wills and their validity usually because they may currently be beneficiaries in a will or are contesting the provisions of a will in court. This article aims to shed more light on Wills in general.
A WILL simply helps a person to determine what happens to his properties after his death; it also helps him to give any instructions he may wish to be carried out if he is no longer alive.

Oct 8, 2012

NSCDC: DUTIES OF THE CIVIL DEFENCE CORPS

The Nigeria Security and Civil Defence Corps was first introduced in May 1967 during the Nigerian Civil War within the then Federal Capital Territory of Lagos for the purpose of sensitization and protection of the civil populace. It was then known as Lagos Civil Defence Committee.
On inception, the Corps had the objective of carrying out some educational and enlightenment campaigns in and around the Federal Capital of Lagos to sensitize members of the civil populace on enemy attacks and how to save themselves from danger as most Nigerians living in and around Lagos territory then had little or no knowledge about war and its implications.

Oct 5, 2012

CONSTITUTIONAL RIGHT OF FAIR HEARING

It is common for people to judge without knowing the particlular facts of a matter. If a public officer were to be accused of fraud and financial misappropriation or a thief accused of stealing in the market, tongues would wag non stop condemning and calling the accused persons all sorts of names and basically crucifying them. Even though that person may just have been innocent. I am glad our legal system does not operate that way.
When a person is arrested and accused of a crime, he must be promptly charged and brought before a court. The constitution guarantees an accused person a free and fair trial as provided for in Section 36 of the 1999 Constitution.

Sep 29, 2012

DO NOT ENTER: TRESPASS TO LAND

Trespass to land is a tort that is committed when an individual or the object of an individual intentionally or negligently enters the land of another without a lawful excuse. In other words A will commit the tort of trespass to land if he crosses the boundary of B's land,when he has no lawful justification or excuse for doing so. A will also commit the tort of trespass to land if he directly causes some object or matter to pass onto B's land when he has no lawful justification or excuse for doing so.  In some jurisdictions, this rule may also apply to entry upon public land having restricted access.

Sep 28, 2012

WHEN YOU NEED A LAWYER

Life has shown us in different times that more than we need anyone, we need a doctor. Medical or traditional, a doctor is our best friend whenever our human body fails us. And bodies like every natural thing have moments of failure. This body failure moment of our life is naturally inevitable. And no matter how strong we suppose we are, we have all had a cause to take some drugs either prescribed by some hospital guys or by our native fathers. Needing or having a doctor is as good as having a 'mechanic' to work on your car whenever you feel it is malfunctioning and it is only on this note that it could be pointed at the outset that this is no attempt to check

Sep 27, 2012

CONSUMER PROTECTION: AGENCY FUNCTIONS

The Consumer Protection Council Act is provided for under Chapter C25, Laws of the Federation of Nigeria 2004. It is an act to provide for the establishment of the consumer protection council and for matters connected therewith. The Council is made up of a chairman, a representative of each state in the Federal Republic of Nigeria and persons representing the ministries of Health, Commerce, Industry, Science and technology and Petroleum resources.

Functions of the Council


• Provide speedy redress to consumers’ complaints through negotiation, mediation and conciliation;
• Seek ways and means of eliminating from the market hazardous products and causing offenders to replace such products with more appropriate alternatives;
• Publish, from time to time, the list of products the consumption and sale of which have been banned, withdrawn, severally restricted or not approved by the Federal Government;
• Cause an offending company or individual to protect, compensate, and provide relief and safeguards to injured consumers or communities from adverse effects of technologies that are inherently harmful;

Sep 26, 2012

JURISPUDENCE: LAW IS PUNISHMENT


There are possibly more than a thousand reasons why we hold a second thought and give way for due reflection before we take an action. One of these reasons is probably rested in our belief in the existence of a super Being, our conviction in His supernatural abilities and our good understanding of the consequences of sin. This belief is purely a function of our morality as mortal men. It is simply

Sep 25, 2012

OUR FUNDAMENTAL HUMAN RIGHTS


What are Fundamental Human Rights?
Fundamental human rights are rights which by their very nature have become fundamental to existence. They are not just mere rights. The Supreme Court declared of them in Saude V Abudullah (1989) 4 NWLR Pt. 116 page 387@419 as:
  "fundamental rights are important and they are not just mere rights. They are fundamental. They belong to the citizen. These rights have always existed even before orderliness prescribed rules for the manner they are to be sought."
 It is a right  which stands above the ordinary laws of the land and which in fact is antecedent to the political society itself. It is a primary condition

Sep 21, 2012

How to succeed in an action for false imprisonment



False Imprisonment is the illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement. It is the act of depriving someone of freedom of movement by holding a person in a confined space or by physical restraint including being locked in a car, driven about without opportunity to get out, being tied to chair, or locked in a closet.

False imprisonment often involves the use of physical force, but such force is not required. The threat of force or arrest, or a belief on the part of the person being restrained that force will be used, is sufficient. The restraint can also be imposed by physical barriers or through unreasonable duress imposed on the person being restrained.

Sep 18, 2012

TWIN SISTERS: NEGLIGENCE AND DAMAGES



Negligence is the breach of a legal duty to take care which results in damage to another, in other words Negligence is lack of proper care and attention or careless behavior. The Black’s Law dictionary on the other hand defines Negligence as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.

There are 3 elements that constitute negligence, which include;
i. A legal duty owed by A to B.
ii. A breach of that legal duty.
iii. Consequential damage to B which can be attributed to A’s conduct.

Sep 13, 2012

3RD PARTIES & FUNDAMENTAL HUMAN RIGHTS



The blacks’ law dictionary defines human rights as the freedoms, immunities, and benefits, that according to modern values (especially at an international level), all human beings should be able to claim as a matter of right in the society in which they live. It has also been defined as a totality of inalienable God given rights that accrue to all human beings.

In the world today, those rights have been codified into laws of different territories, and with the aid of Global alliances such as the United Nations and African Union, many of those rights have been codified into various treaties with various levels of influence in the home jurisdictions of member states who are signatories to such treaties.

Sep 10, 2012

ENTREPRENUERSHIP: SETTING UP A COMPANY




My colleagues and I always get numerous questions from friends and family who want to set up their own companies, this enquires have made writing this article necessary, it aims to inform you about the basics everyone needs to know with regard to setting up a company. Kindly note that this article will never have be adequate to inform you about all you need to know about incorporating a company and if you need legal assistance, it will be wise to consult a lawyer.

Sep 4, 2012

ADOPTION LAW IN LAGOS STATE

In as much as the Nigerian society has always frowned on the concept of  adoption due to our traditional beliefs, quite a number of people still find adoption as quite ordinary and normal. So many people desire to adopt children for reasons best known to them but most times do not how to go about it. This article will help to provide an insight into the adoption law of lagos state and some of its provisions, however if one needs more information about the adoption process it will be wise to consult a lawyer.

Aug 30, 2012

ALWAYS WRITE YOUR CONTRACTS


A contract in legal parlance is an agreement between two or more parties creating obligations that are recognisable,enforceable, and binding on both parties at law.   Simply put, it is an agreement between two parties.
This agreement could be oral or written. For any contract to be valid, certain elements are essential. They are; offer, acceptance, and consideration exchanged for the good/service offered.   Thus, a contract is between an offeror (the party offering a good/ service) and an offeree (the party accepting the good/service).
In accepting the offer, the offeror and offeree usually have different conditions that are considered back and forth before a consensus is reached. These are usually the

Aug 29, 2012

ASSAULT AND BATTERY: A MISDEMEANOR



Battery is the intentional and direct application of force to another person. Assault on the other hand is causing a person reasonable apprehension of the infliction of force or immediate harm upon him. For instance, if Mr. A hits Mr. B with a stick, Mr. A has committed Battery but if Mr. A threatens to hit Mr. B with a stick and Mr. B believes that Mr. A will carry out his threat that will be an Assault.

Though assault and battery are used hand in hand, they are different torts, e.g. to throw water at a person is an assault but if any drops fall upon him it is battery; throwing a stone at someone is an assault, because the person expects the stone will cause him harm but when the stone touches the person, it becomes battery. It does not matter if any harm is done to the person per se.

Aug 22, 2012

ADR: ARBITRATION




Arbitration is a procedure for the settlement of disputes, under which the parties agree to be bound by the decision of an arbitrator whose decision is final and legally binding on both parties. Therefore, where two or more persons agree that a dispute or potential dispute between them shall be decided in a legally binding way by one or more impartial persons of their choice, in a judicial manner, the agreement is called an arbitration agreement.

Aug 17, 2012

POWER OF ATTORNEY




What is a Power of Attorney?

It is an instrument or document which authorizes a person to act for another person as his agent. The person who donates the power is called the “donor” (Principal) while the other person to whom it is donated is called the “donee” (Attorney). The main aim of a Power of Attorney is to satisfy third parties that the agent has the authority of the donor to deal on a subject matter.

Such acts may include representing one in court, receiving or suing for rates and rents or helping to transfer title in a property. A power of attorney does not in itself transfer ownership to the donee rather it is a vehicle by which ownership may be transferred to a 3rd party. For instance, if I donate to Mary a power of attorney to sell my house in New york,

Aug 13, 2012

GARNISHEE PROCEEDINGS


A garnishee proceeding is a judicial process whereby a judgment creditor who is armed with the judgment of a court may recover such debt owed by judgment debtor from a 3rd party who in turn has an obligation to the judgment debtor. For instance, if Mr. A gets a monetary judgment in court against Mr. B and Mr. B has refused to pay, Mr. A can ask the court to help collect Mr. B’s money from Mr. C who in turn owes Mr. B money. The 3rd person indebted to the judgment debtor is called the garnishee while the judgment creditor is also referred to as the garnishor.

Aug 9, 2012

REFORMING THE NIGERIAN BAR by CHIDI ANSLM ODINKALU

The mechanisms for electing the leadership of the Nigerian Bar Association (NBA) are out-dated, scandal-prone and liable to whimsical capture. The question is not whether to change them but how quickly and how deeply. The answer to this is: not soon enough. The pay offs from such reform will be far reaching. They will transform the way we govern our Bar, give the Bar greater legitimacy in monitoring public affairs and ensure better revenues for the NBA. Above all they will herald a more transparent, professional, efficient and fully inclusive Bar.

No one knows how many lawyers there are in Nigeria. We don’t keep good records even of our lawyers. Such inexcusable omissions undermine the credibility of our Bar. There are well over 80,000 lawyers on the Roll of lawyers kept by the Supreme Court.

Aug 3, 2012

LAGOS STATE TRAFFIC LAW 2012




Governor Babatunde Raji Fashola SAN, Governor of Lagos State on 2nd August, 2012, signed into law the new Lagos State Road Traffic law, in view of the old maxim that says “ignorance of the law is no excuse”, it is wise for all Lagosians to know by heart the provisions of this radical law which would revolutionize traffic management in the state.

The Law operates alongside the already existing traditional road traffic rules and offences including driving without due care and attention. The Law empowers LASTMA to demand psychiatric evaluation of any person who drives against the normal flow of traffic or fails to comply with any provision of the law at the offender’s cost, if in the opinion of any LASTMA

Jul 31, 2012

CODE OF CONDUCT FOR PUBLIC OFFICERS


Part 1, of The fifth schedule in the Nigerian Constitution provides for the code of conduct of public officers, though many public officers in Nigeria have flagrantly disregarded these provisions, the common Nigerian doesn’t know when the law has been flouted by these unscrupulous public officers.

The aim of this article, is to shine light on the high standards by which our public officers must live and to allow you be the judge in determining whether our leaders/public officers are indeed leading by example, especially

Jul 27, 2012

PUPILLAGE (PART 3)

Success Without Pupillage And Failure In Spite Of It
27. Young lawyers who succeed without pupillage and those who fail in spite of it do so for the same reasons: the will to succeed or the lack of it. Those who have such will and also undergo pupillage become much more successful. Those who lack it will be unable to take advantage of the benefits of pupillage and when they eventually become independent, the signs of a successful pupillage will be lacking.

28. Strictly speaking, the pupillage that I envisage is not just apprenticeship but also discipleship. That is why I have recommended that the law firms that will be qualified to engage pupil-counsel must be selected by the Nigerian Bar Association. It cannot be open to all. Similarly, the process of pupillage cannot also be open to all

PUPILLAGE: (PART 2)

What is Pupillage?
15. I use the term ‘pupillage’ rather loosely to refer to the period of a lawyer’s career in Nigeria, which is expected to be spent learning the ropes or cutting one’s teeth under the supervision of a pupil-master. This period need not be compelled by law but ought to be structured by the Nigerian Bar Association and made attractive for the young lawyer to voluntarily enrol in. I do not have in mind the type of apprenticeship programme practised in the United Kingdom which is made compulsory for the furtherance of one’s practice career. I do not also have in mind a period of compulsory work employment before one begins an independent legal practise.

16. The type of pupillage that I am recommending is a period of paid apprenticeship during which the pupil counsel learns what was not and cannot be taught at the law faculty

PUPILLAGE (PART 1)

Paper delivered on Tuesday 24th July, 2012 at the Nigerian Bar Association (NBA) Ikeja Branch Young Lawyers’ Forum Seminar

By:

O. A. R. Ogunde Esq.
Senior Advocate of Nigeria and Attorney-General, Ogun State
Principal Counsel, Wemimo Ogunde & Co (on leave of absence)
(Former Chairman, NBA Ikeja Branch Young Lawyers’ Empowerment Committee)


Introduction
1. A lawyer, upon being called to Bar in Nigeria, can immediately begin to practise independently. This has been the case from the time Nigerian citizens became eligible to practise in Nigerian courts. It is therefore common to see many of the eminent lawyers in Nigeria who were called in the 1930s up till the 1960s not to have had any apprenticeship or employment before setting up their law firms.

Jul 23, 2012

NIGERIAN TAX LAWS


Taxation of persons and businesses is a means through which government raises revenue to finance its programmes and meet its obligations to its citizens. Such taxes include property tax. In Nigeria, where property is acquired or transferred, the parties are required under the vaious tax regimes to pay taxes to the government.
Similarly,rent accuring to individuals and companies on properties is regarded as income and accordingly taxed.   Tax is a compulsory charge by the Government on the income of an individual,corporarion, or trust, as well as value of an estate or gift. It could also be described as a levy imposed by an organ of government for public purposes. Taxes are either direct or indirect levies.