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The 1st online legal education platform.

Dec 19, 2013

IMPLICATIONS OF UKRAINE’S MEMBERSHIP OF THE EUROPEAN UNION


Dr. Olumide K. Obayemi*

I.          Introduction

The Eastern Partnership signifies the western industrialized Europe’s use of economic empowerment as a tool to infiltrate the splinter ex-communist states of the east. Presently, the European Union (“EU”) is targeting Ukraine, Moldova, Armenia, and Georgia.

 Sandwiched between Poland and Russia, Ukraine is the second largest member of the old Union of soviet Socialist Republic

PLEA OF INSANITY BY CORPORATIONS TO CHARGES OF TAX EVASION


PLEA OF INSANITY BY CORPORATIONS TO CHARGES OF TAX EVASION: A REJOINDER TO PROFESSOR TAOFEEQ ABDULRAZAQ

Dr. Olumide K. Obayemi, LL.M. in Taxation Law*

I.          Introduction

No doubt, Professor Taofeeq Abdulrazaq is an authority on Nigerian Taxation Law. He ranks along with Leye Adebiyi, Professor Oluwole Akanle, Afolabi Elebiju, Wole Obayomi, Taiwo Oyedele and others.But, we respectfully disagree with Professor Taofeeq Abdulrazaq’s novel attempt to extend the defense of insanity to corporations. Insanity, like Driving under the Influence of Alcohol and Alibi—legal

Nov 14, 2013

ELECTRIC POWER SECTOR REFORM ACT: CROSS SUBSIDY REGIME AND THE BURDEN OF IMPLEMENTATION




The Interpretation section of the Electric Power Sector Reform Act 2004 (the Act) in Section 100 subsection 1 defines cross subsidy as the subsidization of one class or group of consumers by another class or group of consumers, and the Commission means the Nigerian

Oct 30, 2013

LIBEL & SLANDER: TO DEFAME ANOTHER



The recent rise in Nigeria’s online activity has brought about a new way of sharing information, social media and blogging have become mainstream sources of information for anything from breaking news to entertainment news, and even gossip.  With over 11 million Nigerians on facebook, twitter and many blogspots springing up daily, Nigeria is now a major player in the social media digital world. 

With the constant live streaming

Oct 28, 2013

SYRIA IMBROGLIO: APPLICABILITY OF INTERNATIONAL LAW RULES AND PRACTICE




SYRIA IMBROGLIO: APPLICABILITY OF INTERNATIONAL LAW RULES AND PRACTICE:
by 
Dr. Theophilus Olusegun Obayemi, II*
 
 I.          Introduction
 We re-examine the United States-led intervention in Syria. First, our thesis is that within the context of the International Court of Justice (“ICJ”)’s decision in Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Jurisdiction and Admissibility, 1984 ICJ REP. 392 June 27, 1986.—there has actually been “interventions” by the United States and its allies inside the Syrian borders. Second, we argue that the United Nations General Assembly (“UNGA”) ought to have requested the ICJ to issue an Advisory Opinion on the legality and/or lawfulness of the United States and French-led intervention in Syria. Third, humanitarian intervention towards preventing genocide and serious violations of humanitarian rights is now a jus cogens, which does not need a United Nations Security Council’s Resolution. In a nutshell, the UNGA should have taken over the jurisdiction of the Syrian case over and above the need for a Chapter VII Security Council Resolution.

Oct 25, 2013

419 SCAMS: HOW TO GET YOUR MONEY BACK




Under Nigerian law, fraud is both a crime and a tort. Facts of a transaction leading to economic loss can also give rise to criminal prosecution by the law enforcement agencies for the offence of fraud. Both the tortuous claim and the criminal prosecution can be pursued against an individual simultaneously. The tort of fraud in Nigeria follows the common law fashion and may be founded on three heads, namely, conflict of interest, Fraud and deceit, and unjust enrichment. The crime of fraud may take the following forms:

  1. Obtaining property (i.e. goods or credit) under false pretence prohibited and punishable by Sections 419 and 419A of the Criminal Code, Laws of the Federation of Nigeria 2004 (“CC 2004”) with three (3) years of imprisonment. Where the value of thing obtained by false pretence is higher than N1,000.00 (One Thousand Nairan), the offender will be liable to seven (7) years of imprisonment;
  2. Forgery prohibited and punishable

Legalnaija-tv, Maiden Edition

Oct 20, 2013

THE YOUNG LAWYER; FRUSTRATIONS OF PUPILAGE

I've had it in mind to write an article that concerns my primary constituency as it were for quite some time now, however I’ve dilly-dallied about how appropriate some of my thoughts may sound “on this topic”, about what qualifies me to write this (considering this is my third year of legal practice), and most of all whether or not I’m absolutely certain about some of the opinions I intend to share here. The same things that seem to be my weakness are the exact reasons afterall why I should give this a shot, if not for more than the little joys criticisms afford. I am one of you, that’s all the qualification required of me to write this, the remaining I throw in the pocket of time, to prove if I am right or otherwise.

Law is a noble profession, it is a profession that sets you apart from the educated, the dignity, the prestige,

Oct 19, 2013

WHAT FREEDOM OF EXPRESSION MEANS TO ME


Every person shall be entitled to freedom of expression, including freedom to hold opinions - Section 39, 1999 constitution, Federal Republic of Nigeria. I will like to tell you what the term freedom of speech means to me but before i share with you my personal i deologies on the subject, allow me to give you a little bit of background. I am sure you must have heard of the term "freedom of speech" at one time or the other. Democracies have long grappled with the issue of the limits, if any, to place on the expression of ideas and beliefs. The dilemma dates back at least to ancient Greece, when the Athenians, who cherished individual freedom, nevertheless prosecuted Socrates for his teachings

Oct 15, 2013

NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON)

NAHCON is an Act to repeal the Nigerian Pilgrims Commission Act Cap. 321, Laws of the Federation of Nigeria, 1990 and establish the National Hajj Commission of Nigeria to be charged with the responsibility of licensing, regulating, performing over-sight, and undertaking supervisory functions over agencies and other bodies; and for related matters. According to Section 2 of the Act, the Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its name

Oct 12, 2013

NIGERIA CHRISTIAN PILGRIM COMMISSION ACT

The NIGERIA CHRISTIAN PILGRIM COMMISSION ACT commenced on the 28th of May, 2007. It is an Act to re-organise the role of the Federal Government in the co-ordination of Christian pilgrim matters, the consequential repeal of the Nigerian Pilgrims Act, 1989 and to establish a National Pilgrim Commission that will license, regulate,perform oversight and supervisory functions over other bodies and agencies and for related matters. Enacted by the National Assembly of the Federal Republic of Nigeria, it has a sister act in the NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON)

Oct 7, 2013

NIGERIAN INDIAN HEMP ACT

An Act to make the planting, cultivation, importation, etc. of Indian hemp an offence and to make provisions for other related matters. [1966 No. 19. 1984 No. 27.]
The use of hard drugs in Nigeria is prohibited by law. News reports are filled with various suspects who are paraded by the police for being in possession of these criminal drugs. A common drug reportedly used in Nigeria is what is widely known as marijuana. Many Nigerians know the drug is prohibited but most do not know that there actually exist a legislation that prohibits its use in Nigeria. This article gives an introduction to the Nigerian Indian Hemp Act.

Sep 27, 2013

YOUR RIGHT TO PUBLIC INFORMATION

The essence of good governance in the administration of national agencies cannot be over emphasized especially with current global economic challenges happening around the world. Transparency and accountability are essential elements in governance and administration of public agencies. The Freedom of Information Act enacted by the Nigerian National Assembly empowers and entitles Nigerians to access public records and information or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution.

The 2011 Freedom of Information Act is described in its preamble as

Sep 26, 2013

HOW TO REGISTER A TRADEMARK OR PATENT IN NIGERIA

The Trade Marks Act; Chapter 436; Laws of the Federation of Nigeria 1990 provides for Trademarks and Patents in Nigeria. A trademark is a symbol or a sign which differentiates the goods and services of one business from another one. You can register your trademark - a name, logo, slogan, domain name, shape, colour or sound with the Commercial Law department, Ministry of Trade and Investment in Nigeria. This can legally protect your trademark from use by a competitor. The trademark must be distinctive for the goods and services that you provide, not be deceptive, illegal or immoral and not be similar to existing trademarks.

Sep 24, 2013

POWERS AND CONDUCT OF NIGERIAN POLICE


Section 214.(1) of the 1999 Nigerian constitution provides that:
There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.

(2) Subject to the provisions of this Constitution -

(a) the Nigeria Police Force shall be organised and administered in accordance with such provisions as may be prescribed by an act of the National Assembly;

(b) the members of the Nigeria Police shall have such powers and duties as maybe conferred upon them by law;

(c) the National Assembly may make provisions for branches of the Nigeria Police Force forming part of the armed forces of the Federation or for the protection of harbours, waterways, railways and air fields.

The Police Act is an act to make provision for the organisation, discipline, powers and duties of the police, the special constabulary and the traffic wardens. [1967 No. 41.] [1st April, 1943].

Sep 23, 2013

NIGERIAN NATIONAL COUNCIL ON PRIVATISATION


Privatisation can be defined as the transfer of Government owned shareholding in designated enterprises to private shareholders, comprising individuals and corporate bodies. 

While Commercialisation is the reorganisation of enterprises wholly or partly owned by the Federal Government in which such commercialised enterprises shall operate as profit making commercial ventures without any subvention from the Federal Government. 

Commercialisation may either be Full Commercialisation i.e. when Enterprises so designated will be expected to operate profitably on a commercial basis and be able to raise funds from the capital market without government guarantee. 

Such enterprises are expected to use private sector procedures in the running of their business or Partial Commercialisation where the enterprises so designated will be expected to generate enough revenue to cover their operating expenditures. Government may however consider them for capital grants to finance their capital intensive projects.

Sep 20, 2013

PROCEDURE FOR FOREIGN INVESTMENT IN NIGERIA

With Africa being one of the fastest growing continents in the world and Nigeria being a major investment destination for many international businesses, persons and organisations. It is very important that intending investors consult and seek advice from local professionals such as accountants and lawyers, with the latter coming first in hierarchy. This article gives an introduction into the relevant laws and procedures which an investor should consider when intending to do business in Nigeria.
Nigerian laws allow and encourage foreign investment in Nigeria by aliens or non-Nigerians.

Section 20(4) of CAMA provides:

Sep 19, 2013

INTRODUCTION TO NIGERIAN LEGAL SYSTEM(2) - Criminal proceedings

‎Criminal proceedings can be instituted in courts vested with criminal jurisdiction by persons or authorities competent to do so. The 1999 Constitution of the Federal Republic of Nigeria (CFRN), and various enactments also vest powers on these authorities:

- The Attorney-General
‎‎The Attorney General of the Federation is the Chief Law Officer of the Federation while the Attorney General of the State is the Chief Law Officer of the State.

The office of the A-G. is created under the provisions of sections 171(1) and 211(1) of the 1999 Constitution. By these provisions, each A-G., has the power to institute, take over and to discontinue criminal proceedings before a Court in Nigeria in his respective jurisdiction, except in a Court Martial.


- The Police
‎The power of the Police to institute criminal proceedings derives from section

Sep 18, 2013

INTRODUCTION TO NIGERIAN LEGAL SYSTEM (1)

When as Nigerians, we come in contact with the law, either through contracts or court prosecutions and civil actions, it is sometimes difficult to fully understand the system of the law so we usually depend on lawyers to interpret the laws or procedures and also to stand for us as advocates in court. This article will be giving a brief introduction to the Nigerian legal system in a lay man’s terms in other to help the common Nigerian on the street who has no legal training understand how the law affects his civil rights, duties and obligations.

SAFE-GUARDS OF THE CONSUMERS' RIGHTS UNDER THE ELECTRIC POWER SECTOR REFORM ACT

The Electric Power Sector Reform Act 2004 (the Act) provides legal framework for the ongoing efforts of the Federal Government of Nigeria to unbundle the electricity sector.
To balance the interests and activities of the licensee, investors, the consumer, and other stakeholders, Section 31 of the Act establishes the Nigerian Electricity Regulatory Commission (NERC). NERC’s principal objectives as provided by section 32 (1) are:
• To create, promote, and preserve an efficient industry and market structure, and to ensure optimal utilization of resources for the provision of electricity services
• To maximize access to and availability of electricity and to ensure that consumers are charged fair prices for electricity consumed.

Jul 29, 2013

LAGOS MULTIDOOR COURT HOUSE - LAGOS SETTLEMENT WEEK

LAGOS MULTIDOOR COURT HOUSE – LAGOS SETTLEMENT WEEK
The Lagos settlement week [hereinafter called LSW] cannot be discussed without recourse to the umbrella body which administers the settlement week. The Lagos Multidoor Court House [hereinafter called LMDC] came into existence in 2002 but it was not until 2007 that it was adopted and established as an organ of the Lagos State Government by LMDC law which came into effect on the 18th of May 2007.
The LMDC is a court connected Alternative Dispute Resolution Center with offices within the High Court of Lagos State and other suitable places.

Jul 28, 2013

CONTACT US

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Jul 22, 2013

(OPINION) #CHILDNOTBRIDE CAMPAIGN: MISGUIDED OR MISUNDERSTOOD?

The social media was agog with so much frenzy when news of what transpired in the Senate in the past week hit the media streets. I have received not less than 50 broadcasts on bbm from people claiming to be massively involved in the fight against the passage of a bill to legalize under-age marriage. I was shocked when I read most of these broadcasts and was greatly depressed because I realized that we Nigerians are an ignorant lot!

If people spent half the time they do reading newspapers, listening to the news on the radio and watching news on TV or actually visiting google more often for current news headlines rather than reading gossip columns like Linda Ikeji's blog and other gossip media, they would be more informed. For Linda Ikeji's teeming fans, this is not a swipe at Linda Ikeji but a swipe at those of you who take her stories as the gospel truth. Y'all need to learn the difference between gossip and fact!

May 25, 2013

GIVING EVIDENCE IN COURT


ARE YOU A WITNESS?
I must start by throwing more light on who a witness is. Witness in Law has a narrow meaning unlike its literal meaning as is the case with many other legal terms little wonder Patrick Delvin in his book, 'the criminal prosecution' once said, "every witness is an editor; he tells not everything he saw and heard for that would be impossible, but rather what he saw and heard and deem significant and what he finds significant depends on his preconceptions"

The term witness in its strict and narrow sense means one who gives evidence in a case before a court that may be the determinant of the judge's judgment.
As a witness to a crime, your cooperation is essential to make the criminal justice system work or thrive better. I have taken to this discourse in an effort to lessen the inconveniences of would-be witnesses and to help them feel more comfortable in the court room.

Apr 30, 2013

HIRE PURCHASE AGREEMENTS

IF YOU WANT TO ENTER INTO A HIRE PURCHASE AGREMENT? KNOW YOUR RIGHTS.
The commercial life of society especially in a Nigerian setting where the not-too- rich constitute a great number of the society will become hardly tolerable if Hire Purchase commercial relationships do not exist for it will make the poor members of the society not to be able to obtain the use of certain expensive chattels or properties which they could not have the financial buoyancy to make an outright purchase.
Most higher purchase agreement have two or three parties usually the Owner of the property, the Financial Institution usually banks who broker the relationship and the Hirer who is the initiator of the whole transaction. However for emphasis reasons, I will attempt a brief but concise definition of the term Hire Purchase.

Mar 26, 2013

GUNS AND LICENSES: NIGERIAN FIREARMS ACT

The Nigerian Fire Arms Act (1990) provides that no person shall have in his possession or under his control any firearm or ammunition except such person has a license from the President or from the Inspector General of Police.
It states further that no license or permit to carry fire arms should be granted to applicants under the age of seventeen; persons who are of unsound mind; persons not fit to have possession of the firearm in question on account of defective eyesight;

Mar 8, 2013

ADVANCE FEE FRAUD

The Advance Fee Fraud and other Fraud Related Offences Act of 2006 is “An Act to Prohibit and punish certain offences pertaining to Advance Fee Fraud and other fraud related offences and to repeal other Acts related therewith.”

The law provides that any person who by any false pretence, and with intent to defraud obtains, from any other person for himself or any other person; induces any other person to deliver to any person; or obtains any property, whether or not the property is obtained or its delivery is induced through the medium of a contract induced by the false pretence, commits an offence under this Act.

Feb 12, 2013

MAKING CONTRACTS

A contract is a legally binding agreement between two or more people to perform or to refrain from some act now or in the future.
A valid contract must contain the following:
1. An offer
2. An acceptance
3.  Consideration which is the duty either party will be performing.

It is important to note that a contract comes into existence upon acceptance i.e. When the offer has been accepted by the other party.

Feb 2, 2013

MEDIATION; A form of ADR


What is Mediation?
Mediation is a voluntary process in which two or more parties involved in a dispute work with an impartial party, the mediator, to generate solutions in settling their conflict. It is a type of Alternative Dispute Resolution (ADR) but unlike a Court or an arbitrator whose decisions subject one party to win and the other party to lose, mediation is about finding a solution that works for both parties.

Jan 4, 2013

GROUNDS FOR DIVORCE

Each time i attend family court, i am always saddened by the growing rate of divorce in Nigeria, don't be fooled to think divorce proceedings are usually instituted by old couples, you had be surprised to learn that most divorce proceedings are instituted by young couples and i always wonder why they seem to be rushing out of the marriage.