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.
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Nov 26, 2014
Nov 25, 2014
PROFILE: FIDELIS ODITA QC SAN
By Legalnaija 10:24 AM
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
By Legalnaija 9:54 AM
eviction, Lagos State Tenancy law 2011, landlords & tenants, recovery of premises., tenancy agreement
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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
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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
By Legalnaija 9:27 AM
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
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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
“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
By Legalnaija 3:54 AM
Attorney - General of the Federation., Chief Bayo Ojo SAN, learned silk, Personality of the week
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)
By Legalnaija 3:16 AM
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
By Legalnaija 9:07 AM
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
By Legalnaija 7:17 AM
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
By Legalnaija 1:09 AM
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
Email: info@bnlf.org.uk
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
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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
By Legalnaija 4:47 AM
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
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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.