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The Nigerian Blawg

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Dec 23, 2014

Various penalties for crimes & offences under Nigerian law



I attended a military secondary school in the heart of Abeokuta and trust me, aside from the regular koboko (horse whips), we had a fine array of punishments that students were subject to when it came to discipline. They included: manual labour, plant-your-pot, crawling on gravel with your bare knees, frog jumps and a host of many others. Anyone who attended a military school must have a fair idea of what I am talking about.

PENALTY FOR BRIBERY DURING ELECTIONS


 Editor’s Note: - This is the 3rd blog informing the Nigerian public on electoral offences in the Electoral Act; here is the first post on Punishment and buying Voter’s cards  and the second on penalty for improper use of voter’s cards

I guess you must have heard the term “stomach infrastructure”, if you have not, it simply describes an act peculiar to Nigerian politicians, where they supply and share food items to the electorate in a bid to sway their voting decision in the politician’s favour. An example is the Ekiti elections which were held earlier this year which had persons vying for the seat of the Governor sharing bags of rice to people in the state. 

Dec 17, 2014

PROFILE - PROF. YEMI OSIBAJO SAN



Credits - Google 


Prof. Yemi Osinbajo is the senior partner at SimmonsCooper Partners. Yemi is a professor of law and a former attorney-general of Lagos state and commissioner for justice. He is also a senior advocate of Nigeria (SAN). Yemi was educated at the University of Lagos, Nigeria (LLB, 1978) and the London School of Economics (LLM, 1980). He was admitted to practice before the Supreme Court of Nigeria in 1979. Yemi has 31 years of litigation experience including significant trial and appellate work. He has also authored several books on civil procedure in Nigerian superior courts, rules of evidence and justice reform.

Dec 16, 2014

PENALTY FOR IMPERSONATION


Credits - Google

Scenarios.
  • Mr. Alex was apprehended by the Police last Tuesday for impersonating an officer, he was seen extorting money from commercial motor cycle riders and when asked to identify himself, it was revealed that he was actually a  fraud.
  • Mr. Segun Chinedu Ibrahim has fraudulently put himself out as a lawyer and was fraudulently representing clients in court, upon suspicion and investigation, he was arrested and charged with impersonation.
The law

Dec 12, 2014

PENALTY FOR IMPROPER USE OF VOTER'S CARDS


Editor’s note: This is the second post in a series informing the public on Electoral offences, you can find the first post here – Punishment for buying and selling voter’s cards

The recent Presidential primaries of the APC and PDP caused some excitement over the last couple of days. Elections are coming closer by the day and political parties are ensuring they present their best candidate before the electorate in 2015. Many Nigerians are also gearing up for the elections as most conversations now centre on the coming elections or the roles being played by any of the many protagonists and antagonists in the political movies playing in Nigeria now. As we all get closer to 2015, its quite important that we all protect out votes and ensure that we report any electoral criminality that we may observe or suspect. 

Dec 10, 2014

CREATING AN INVESTMENT CULTURE: NO RIGHT TIME TO INVEST By Ahmed O Banu




“A stitch in time saves nine” said a tailor down the road.

I am very sure a lot of us would have wondered “How does a stitch save nine? Why nine?”.For people like me who didn’t grow up loving English (weird), the phrase wouldn’t have been given a lot of thought. However, I actually gave it a thought today and thanks to “Google”our reliable companion, I can authoritatively tell what it means. Simply put, it means “why don’t you do what you have to do now and stop procrastinating”. Okay, English teachers, review my script and tell me how close I got.

How does this relate to investing? Hmmmmm...Wait for it.

Dec 9, 2014

THE DUTIES YOU OWE YOUR EMPLOYER


Credits - hse.gov.uk
I know how good it feels to get that bank alert or collect that cheque that contains the sum of your monthly salary and/or other entitlements such as bonuses etc. Do you also remember the feeling when it was delayed for about a day or two, must have been horrible especially if you had bills to pay waiting at your front door. An employer owes a duty to pay the wages of his employees and provide a good environment for them to work but what duties are owed to your Boss as an employer, here is the list –

SPONSORED POST: NEXT365™ INTERACTION l


EVERY 365 DAYS, THERE ARE QUESTIONS TO ASK AND THOUGHTS TO EMBRACE. IT’S ALL ABOUT HOW THE YEAR AHEAD OF YOU CAN COUNT IN LINE WITH THE CONTENTS OF OUR HIGHEST CALLINGS.

The IDEA: Another year is dawning, what will we do DIFFERENTLY? What if you are told that an environment exist where you can have a CLEAR PEEP into 2015 through PRESCIENCE, in a way that gives you KNOWLEDGE, UNDERSTANDING, POWER and CONTROL over the CONTENTS of the EVENTS in it? How much will you pay to access that environment? Well, you will have to answer that question right away, because the environment do exist and it’s your turn to decide for or against it. It’s called PRESCIENCE---the fact of KNOWING something in ADVANCE as FOREKNOWLEDGE. Whether it’s your birthday and you have a whole new year ahead of you, or it’s your wedding anniversary and you have another year ahead or it’s simply December---the end of the year---or January---the beginning of a new year and your are getting ready for another 365DAYS, the COMMON DENOMINATOR to all these different scenarios is the TRUTH that there are THOUGHTS to SUSTAIN, BELIEFS to AUDIT, new GOALS to engineer and PLANS to EXECUTE.

Dec 8, 2014

OFFENCES & PENALTY ON PUBLIC HEALTH IN NIGERIA


The public health of a society or community is very important to the general welfare of everyone in that society or community. A good example that depicts the importance was the recent Ebola outbreak in certain African countries, if you followed the news and updates from neighboring countries who were worst hit by the virus, you must have observed their respective governments instituting policies and measures to control the breakout such as issuing directives that certain areas be quarantined and placing curfews to prevent movement and spread of the virus. Such instances show how important governments work hard to ensure the health of its citizenry is protected and you will always find an abundance of laws which aim to punish and prevent exposing the public to health hazards, for instance the Nigerian Criminal Code Act. 

Dec 5, 2014

PENALTY FOR BUYING AND SELLING VOTERS' CARDS


Credits - google
General elections are fast approaching and political parties are concluding their primaries to elect those who would be their flag bearers in the coming 2015 National elections. As we enter into the last lap of selecting our government representatives, it is important that we do not sell our votes, rather it is imperative that we choose the best man or woman for the job. Also of utmost importance is that we all observe proper discipline in election matters. This post is a first in a series informing you about electoral offences as provided for in the Electoral Act (2010), particularly the offences of buying or selling of voter’s cards.

Dec 4, 2014

PHOTOS FROM THE 3RD NBA IKEJA ANNUAL YOUNG LAWYERS FORUM 2014




THE CHALLENGES CONFRONTING WOMEN IN LEGAL PRACTICE



(Being the Paper Delivered by Mrs. FunmiFalana at the Young Lawyers’ Forum, NBA (IKEJA CHAPTER) Annual General Seminar on Thursday, November 13, 2014.

It is my pleasure to be invited to discuss this topic as it has become amatter of great concern to some of us in active legal practice. I will therefore want to start by looking at how Nigerian women have fared in the legal profession. We will look at where we are coming from, where we are today and of course, where we should be.

Gender discrimination is commonly observed in various profession and has also remained the barrier that prevent a large number of women from taking up prestigious and high ranking jobs in the work force, and the legal profession is not an exception. Women are marginalized in political appointments and various decision making department of the society because of the customs and traditional practices which have continued to put Nigerian women at disadvantaged positions and the belief that women are generally not suitable for the high post.

Nov 26, 2014

REGISTRATION OF FOREIGN JUDGMENT IN NIGERIA by Bolarinwa Awujoola.



1.0        As of today, the applicable law on the registration of foreign judgments in Nigeria is the Reciprocal Enforcement of Judgments Ordinance, Cap. 175, Laws of the Federation of Nigeria, 1958 (REJO). See Witt & Busch Limited v. Dale Power Systems Plc (2007) 17 NWLR (Pt. 1062) 1. By extension, the Reciprocal Enforcement of Judgments Rules, Cap. 175 Laws of the Federation of Nigeria, 1958 (REJ Rules) is also applicable. It becomes pertinent to highlight the relevant portions of the REJO and REJ Rules.

Nov 25, 2014

PROFILE: FIDELIS ODITA QC SAN


Fidelis Oditah, is a Queen’s Counsel, a Senior Advocate of Nigeria and a Professor of Law at Oxford University. Fidelis practises as a QC at 3/4 South Square, London and at ODITAH, Legal Practitioners & Arbitrators, in Lagos, Nigeria.  His extensive practice area has included Company Law, Capital Markets, Corporate Finance, Asset-based financing, Projects, Financial Services, Banking and Commercial Arbitration. This first class scholar and an alumnus of the Universities of Lagos and Oxford, United Kingdom, has an extensive legal practice in Nigeria and UK. In England, he specialises in chancery and commercial work, with emphasis on insolvency and restructuring work. He has acted and/or advised on virtually all major corporate insolvencies in the UK in the last two decades.

HOW TO SERVE A NOTICE TO QUIT IN LAGOS


Credits - google
A number of landlords and estate agents have always wondered how to best rid themselves of very stubborn tenants without erring in law, apparently some of these tenants unscrupulously seek to exploit the lacuna in the law just so they can live in a property for years without paying rent, I have heard of such tenants and the landlords are usually always bitter about such situations. Some landlords have always resulted to self-help by forcefully evicting the said tenants but a recent decision of the court where such a landlord was directed to pay damages and compensation to the forcefully evicted tenant will seek to discourage many others. 

Nov 20, 2014

INFO ABOUT YOUR CONTRACT OF EMPLOYMENT


credit - recereateconsulting.co.uk
A contract of employment is a contract between an employer and employee in which the terms and conditions of employment are stated. The term “employee” denotes anyone who is employed under a contract of employment for remuneration and an employer is such person who employs an employee. 

An employment contract is an agreement which carries with it an obligation to pay wages in return for service and a corresponding right of control on the part of the employer. Before an employer/employee can make claims under the contract of employment, such party must prove that the existence of a contractual relationship. 

Nov 18, 2014

PROFILE: - H. ODEIN AJUMOGOBIA SAN




Born in 1956 in Akuku-Toru, Rivers State, Ajumogobia holds law degrees from the University of Lagos (1978) and Harvard (1988). He lectured at Lagos University before founding his own practice, Ajumogobia and Okeke, in 1984, his practice areas include: Commercial litigation and arbitration; Environmental Law and oil pollution litigation; Transportation law with a specific interest in Aviation Law. Recently he was appointed as a member of the ICC International Court of Arbitration, Paris. 
  

Nov 17, 2014

HOW TO PROVE YOUR PARTNER COMMITTED ADULTERY IN COURT



Credits - informationnigeria.org

Adultery is sexual intercourse between two persons of whom one or both are married but not married to each other. Being able to prove adultery is quite a difficult task especially if you have to show that there was in fact sexual intercourse involved. Only an admission of the act or evidence depicting the actual act is 100% proof of adultery because to prove adultery, one must show that there was penetration of the male organ into the woman.  The courts are aware of this fact, thus in proving the existence of adultery; the courts will rely on indirect or circumstantial evidence. The following are ways of proving adultery, though some are circumstantial, others are more definite:- 

Nov 14, 2014

LEARN THE MEANING OF THESE LEGAL TERMS



 
Credit - www.artcleaning.co.uk



A Felony” means an offence on conviction for which a person can, without proof of his having been previously convicted of an offence, be sentenced to death or to imprisonment for 3 years or more, or which is declared by law to be a felony.

Indictable offence” means any offence –
1.     Which on conviction may be punished by a term of imprisonment exceeding two years; or 
2.      Which on conviction may be punished by imposition of a fine exceeding four hundred naira;
Not being an offence declared by the law creating it to be punishable on summary conviction.

Legal Guardian” in relation to an infant, child, young person, or juvenile offender, means a person appointed, according to law, to be his guardian by deed or will, or by order of court of competent jurisdiction.



PROFILE: - CHIEF BAYO OJO SAN



Christopher Adebayo Ojo, SAN is a former Attorney General of the Federal Republic of Nigeria. As such, he is also a past head of the Nigerian Federal Ministry of Justice. He is a legal practitioner and is licensed to practice in Nigeria, England and Wales.

Chief Bayo Ojo hails from Ife-Ijumu, Kogi State, in central Nigeria. He had his primary school education in Maiduguri and Kaduna and his post-primary education at Zaria in Kaduna State. He worked briefly as a civil servant in Ilorin, Kwara State, before he proceeded to the University of Lagos where he obtained a Bachelor's Degree in Law in June 1977. Chief also did his LLM at the world-acclaimed London School of Economics and Political Science.

PROFILE: GBENGA OYEBODE MFR (CHAIRMAN)


Gbenga Oyebode MFR has been described by International Financial Law Review IFLR 1000 (the guide to the World’s leading Financial Law Firm) as ‘one of Nigeria’s most prominent Lawyers’ and by Chambers Global as a ‘consummate deal maker who has received pundits from clients and peer alike for his corporate expertise’. 

Mr. Oyebode is a Barrister & Solicitor of the Supreme Court of Nigeria (admitted June 1980) and an Attorney-at-law of the Supreme Court of New York State (admitted November 1983). He is a member of the Nigerian Bar Association and the American Bar Society of International Law. He holds a Master of Laws from University of Pennsylvania, Philadelphia (1982) and a Bachelor of Laws degree from the University of Ife (1979).

Gbenga worked as an Associate with White & Case, New York between 1982 and 1983. He joined Gulf Oil Company, Lagos and Houston between 1983 to 1985. Was a partner with the law firm of  Ajumogobia, Okeke, Oyebode and Aluko [Barristers, Solicitors and Notaries] between 1985-1992 before he became the Managing Partner, Aluko & Oyebode in 1993. 

Nov 12, 2014

OPINION- DUTIES OF ALL NIGERIAN CITIZENS



I just tried taking a quick nap during my lunch break but I couldn’t because 2 of my colleagues were passionately discussing the current Nigerian political situation and the insecurity in the North-East. I bet you know how that goes, with the sad taste Boko Haram has left in our mouths and how justice seems only for those who can afford same, both were full of complains and sadness.  

One is a mother whose child is in one of the higher institutions in the North and she wished she could transfer her daughter to a school down South, the other just wished our political representatives could be selfless rather than go to the National Assembly to fatten their pockets, egos and obtain government contracts. In fact she wished the military could come take power from these rascally politicians and probably shoot them all, well that was her opinion, before the Nigerian SSS start looking for me. kindly note that  I am totally pro-democracy, thank you.

HIGH COURT OF LAGOS STATE SETTLEMENT WEEK


From the 1st  to 5th of December, 2015, the Lagos State High Court will be having its settlement week. This is a period in the legal year where the Court earmarks cases which it believes can be settled amicably by the parties and these cases are forwarded to the Lagos Multi-door Court House which is also in the High Court complex in Igbosere, Lagos. The LMDC offers Alternative Dispute Resolution mechanisms free of charge and all litigants are advised to confer with their counsel on how to take advantage of the settlement week. 

Nov 8, 2014

NBA YOUNG LAWYERS FORUM ANNUAL SEMINAR 2014

BRIEF FACT ABOUT YOUNG LAWYERS’ FORUM (NBA-YLF).

The NBA young Lawyers forum is a platform for dynamic and resourceful lawyers within the post call bracket of 1-7 years, who are striving to make a difference in the legal practice. Bearing in mind that the NBA is the umbrella body of all lawyers in Nigeria, its operational structures include the young lawyers forum.

Nov 5, 2014

INVITATION TO THE BRITISH NIGERIA LAW FORUM CHRISTMAS PARTY



This is to notify the general public that the British Nigeria Law Forum (BNLF) Christmas Party will take place on 19th December, 2014 at 805 Restaurant (Annex) 817 Old Kent Road, London SE15 1NX.​

Tickets are on sale now at  Eventbrite: http://bnlf-christmas-party-2014.eventbrite.co.uk

For details contact: 
Vivien Aghimien
BNLF Administrator
c/o Edward Wildman Palmer
Dashwood House
69 Old Broad Street
London EC2M 1QS
Fax: +44(0)2073537377
  Website: www.bnlf.org.uk
PLEASE NOTE THAT SPACES ARE LIMITED SO PLEASE BOOK YOUR PLACES AS SOON AS POSSIBLE.