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The Legalnaija Blawg

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The Nigerian Blawg

The 1st online legal education platform.

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.