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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.


 

Nov 4, 2014

COMMISSION ON STOCK MARKET TRANSACTIONS NOW EXEMPTED FROM VAT

credit - theeagleonline.com.ng
  Introduction
 The Value Added Tax Act (“VAT Act”) has been amended to exempt commissions on capital market transactions from VAT through the Value Added Tax (Exemption of Commissions on Stock Exchange Transactions) order 2014 (Order). The Order was published in a gazette dated 30 July 2014 and signed by the Coordinating Minister for the Economy and Honorable Minister of Finance. This is in line with the VAT Act which empowers the Minister to amend, vary or modify the VAT exemption list in the First Schedule to the VAT Act.

SUCCEED WITH LEGAL WRITING by Senator Ihenyen

Today, there is little or nothing a lawyer can do without writing; for judges, absolutely nothing. Writing well is the most critical and yet the rarest skill in law. To succeed in the legal profession, writing well is key.

 In his book, Legal Writing Fundamentals (2014), Chinua Asuzu, the CEO of the Write House and expert in legal writing, puts it this way: “Today’s legal world is writing-biased. Written argument is required at trial and appellate courts. Writing also dominates arbitration and alternative dispute resolution.”

Nov 3, 2014

OPINION: EBOLA - THE NIGERIAN STORY by Oluwasegun Otebola

A 40-year old gentleman went into First Consultants Medical Centre Limited at 16/24 Ikoyi Road, Obalende, Lagos Nigeria, on Sunday 20th July 2014 with symptoms suggestive of Malaria (Fever, headache, extreme weakness) and he was attended to by Dr.A.S.Adadeveoh, a senior medical consultant in the hospital. He was fully conscious and gave his clinical history; he identified himself as Patrick Sawyer, a Senior Diplomat from Liberia. 

Laboratory investigations confirmed malaria whilst other test for HIV, Hepatitis B&C were negative. He was admitted and treatment commenced. However, due to the fact that he was not responding to treatment. but rather was developing hemorrhagic symptoms the hospital further questioned him. He denied having been in contact with any persons with EVD (Ebola Virus Disease) at home, in any hospital or at any burial. 

QUALIFICATION FOR CONTESTING ELECTIONS INTO THE NATIONAL ASSEMBLY


The Red Chamber
This is the 3rd article in a series of posts informing about the constitutional requirements for contesting elections in Nigeria, the first article was on the constitutional requirements for contesting presidential elections in Nigeria while the second was on contesting Governorship elections in Nigeria. This post however will be treating the constitutional requirements for contesting elections into the National Assembly.