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Jan 29, 2016

DID YOU KNOW: Capital punishment for pregnant women
Where a woman found guilty of a capital offence is pregnant, the sentence of death shall be passed on her but its execution shall be suspended until the baby is delivered and weaned.
Section 404, Administration of Criminal Justice Act 2015
Adedunmade Onibokun

I only used to read about this happening in foreign jurisdictions and I have seen it done many times in Hollywood movies, but it’s great to note that there is now a provision for it in our statutes and prisoners in Nigeria who been reformed can particularly take advantage of it.
Getting a parole is a totally new thing in Nigerian criminal law administration and the closest we ever came to it was a state pardon by the Governor or maybe a prison decongestion drive by the Chief Judge of the High Court of a State.
According to the Black’s Law Dictionary, 10th Edition, parole is the conditional release of a prisoner from imprisonment before the full sentence has been served. Usually, it is granted for good behaviour on the condition that the parolee regularly reports to the supervising officer.
The provision of the law that has made parole possible in Nigerian prison system is the Administration of Criminal Justice Act, 2015. It provides in Section 468 that:

Have you been paying your tax? I mean your personal income tax? Buhari is looking for more people to arrest o The Government is keen on preventing  tax evasion and using the revenue collected to raise the much needed funds government desperately needs, especially with the back drop of the current falling crude oil prices.  The Federal Inland Revenue Service (FIRS) has in turn put officers on check points to arrest people that have not paid their taxes geared up its strategy to combat tax evasion which is very prevalent in Nigeria.
All Nigerians are required to pay their personal income taxes by virtue of the provisions of Section 41, Personal Income Tax Act, Laws of the Federal Republic of Nigeria, 2004. The law provides that ;

Jan 22, 2016


Credits -
 You will recall that a number of months ago, the legal battle between the Nigerian government and Senator Buruji Kashamu on the application by the United States to have Senator Buruji extradited to the U.S was well reported in the news.
 The application was possible because Nigeria is a signatory to several extradition treaties with other countries. Examples of such countries are South Africa, Liberia, the United States of America, the United Arab Emirates and the United Kingdom.  The enabling law that allows the country enter into such agreements is the Extradition Act, Chapter E25, Laws of the Federation of Nigeria (LFN) 2004. The Act also becomes applicable to any country that enters such an agreement with Nigeria.

Jan 21, 2016

IF I WAS PRESIDENT by Chika Maduakolam

May 2015; the defining moment of change for Nigeria. A new president sworn in, the president of the people, the chosen one. The exhilaration that came with the fact that power now lay in the hands of Nigerians to make or break a ruler!! Nigerians felt we had a choice!

January 2016; a more sober Nigeria. A Country faced with realities it never envisaged the full scope of. As I am wont to do, I state clearly that I am no political pundit or analyst or soothsayer. This piece is not an attack on Nigeria or its leaders. For those familiar with my style of writing, it is a call for introspection. Today, I am a mere citizen of Nigeria with a Law degree.

Jan 18, 2016


Credits - 

Dansuki, the former National Security Adviser can get off the corruption charges by plea bargaining, do you agree? 

If you are Nigerian or you follow news and updates from my country, then you will be familiar with the current anti-corruption campaign sweeping over the country with the Office of the National Security Adviser under the Goodluck Jonathan administration right in the middle of it.  I expressed to a colleague that the culprits may not see the inside of the jail cell if they plea bargain and return the stolen national funds but my colleague disagreed until I shared the provisions of the Administration of Criminal Justice Act 2015.

Plea bargaining is one area of criminal law practice that is yet to be explored in Nigeria  and very few Nigerians know it even exists in our jurisprudence. Maybe, if we use it more often, it will serve as a means of reducing the cost and time to government of prosecuting an alleged offender, it will in turn ensure a smoother and faster administration of justice process and it gives an accused person an opportunity to plead to a lesser sentence.

Jan 12, 2016

A treaty is an agreement under international law entered into by participants in international law, usually sovereign states and international organizations. A treaty may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms.

Nigeria is a signatory to about 400 protocols and conventions according to Dayo Bush-Alebiosu, a former lawmaker of the Federal Republic of Nigeria and former Chairman, House Committee on Treaties and Bilateral Agreements. However, Nigeria is not reaping the full benefits of these protocols and conventions and here is why. 

Jan 11, 2016


Credits -

As an employee, one of the prerequisites to having some sort of assurance in a particular organisation is the Employment Contract. However, in a country such as Nigeria where unemployment is rife, and hunger is real, many job-seekers do not wish to “rock the boat” before gaining proper entry into an establishment. It is unlikely for a newly employed person, who has been job hunting for at least seven years, to negotiate any aspect of the Employment Contract and it is because of the high rate of unemployment that many employers choose to take advantage by enforcing onerous terms on their employees.

An Employment Contract, also known as Employment Agreement is a binding document which sets out the obligations and expectations of the parties, purportedly minimising future disputes.

Jan 6, 2016


Halima Durosinmi has just been informed that she has been appointed a director in XYZ Company, a Multi-national company operating in the heart of Lagos, Nigeria. Though excited and elated, Halima is however not so confident because she does not know or understand the duties of a director and as approached her lawyer to enlighten her. 

Jan 5, 2016


Munala was brimming with excitement as her plane touched down in Lagos, she had heard about the most populous African country and she could not wait to see the sights, it would be very different from her small Kenyan village she was sure. Her excitement seemed to douse when she observed the countenance of the immigration officer who held her passport in his hand, he wore a frown and excused himself to confer with a colleague and when he returned to his seat, he delivered the sad news. I am sorry madam but I cannot allow you into the country because your passport is invalid. 7 hours later, Munala was on a plane back to Kenya and as the plane taxied down the runway with the Lagos night lights slowly fading into the dark, she felt the tears run down her eyes. 

Jan 4, 2016


Credit - 
I remember a time when it was regular to see police officers mounting road blocks on Nigerian roads. The police used these road blocks as a means for searching vehicles they suspected of transporting unlawful items or suspicious persons.  However, it was largely recorded that officers also used this opportunity to extort motorists, sometimes by accusing such motorists of an illegality or by outright demand for a settlement or cash gift. Incredibly, though, the Police hierarchy outlawed check points and they have gradually become a thing of the past. 

Nigerians, however, still deliberate over the right/power of the police to stop and search a vehicle or its passenger without a search warrant. For instance,

Jan 3, 2016


Do you know that all forms of human trafficking in Nigeria are prohibited?

Any person who recruits, transports, transfers, harbours or receives another person by means of –
a.     Threat or use of force or other forms of coercion.
b. Abduction, fraud, deception, abuse of power or position of  vulnerability;
c.      Giving or receiving of payments or benefits to achieve the consent or control of a person having control over another person, for the purpose of exploiting that person;

Commits an offence and is liable on conviction to imprisonment of not less than 2 years and a fine of not less than N250,000.

 Section 13, Trafficking In Person (Prohinbition) Enforcement And Administration Act 2015.

Jan 2, 2016


I hate it when I move heaven and earth to ensure I get to Court early only to find out that the court will not be sitting or in other words the judge will not be coming. Numerous times, I have driven in the Lagos traffic for 3 hours just to ensure I get to court well before 9 am or travelled to another state only to hear the court registrar address counsel and inform us that the court will not be sitting. It hurts and I remember a counsel who expressed his displeasure after having come all the way from Abuja to court in Lagos and be informed that the court will not sit, he had expended money for travel and even hotel lodging.