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The Nigerian Blawg

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Feb 29, 2016

Penalty for abducting females in Nigeria

Credit - mgafrica.com

Any person who, with intent to marry or carnally know a female of any age, or to cause her to be married, or carnally known by any other person, takes her away, or detains her against her will, is guilty of a felony, and is liable to imprisonment for seven years. 
Section 361, Criminal Code Act 

Any person who unlawfully takes an unmarried girl under the age of 16 years out of the custody or protection of her father or mother or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour, and is liable to imprisonment for two years. 
Section 362, Criminal Code Act 

Adedunmade Onibokun
@adedunmade 

Why do Police use excessive force to make arrest

Credit- citynews.ng

Have you seen a Police officer try to arrest a motorcycle operator, popularly known as okada, for breaking a traffic law or plying a restricted route? The motorcycle operator and his passenger are usually riding along and in other for the policeman to stop them, sometimes, rather than wave them down politely; he pounces on the motor bike or immediately puts an object in the way of the rider. This style of arrest has usually left many people injured from accidents. 

What about witnessing a Police officer assault a citizen under the guise of making an arrest? They will slap, beat, hit and bully you into submission. You have to understand that wrestling an unwilling offender to the ground in other to handcuff or subdue him is one thing but actually subduing an alleged offender with punches, slaps, kicks and using objects to hurt the alleged offender is barbaric in my opinion and belongs to the era of the slave trade. Citizens of a Nation with laws should not be treated in such a way.

Feb 27, 2016

8 tips on how to be Harvey Specter

credits- pearsonhardman.com


If you watch the law series Suits, then you would be familiar with who Harvey Specter is. I am currently watching the 4th Season where Mike is on trial for being a fraud on the allegation that he never went to Harvard and well......., go watch it and find out for yourself what happens. But don’t you just love Harvey? His air of smooth confidence, knowledge of the law and how to bend it,  how he breaks down all doors on his path to satisfying his clients and protecting his firm within the ambits of the law, plus how he seems to do it so effortlessly. No dispute, Harvey is a great lawyer in the Series. 

The good news is, you can also be like Harvey Specter. You can be that very brilliant lawyer whose never lost a case and delivers the goods a hundred percent. Trouble is, being Harvey Specter is hard work but if you can follow the tips I am going to share below, then here comes (insert your name here).

Feb 24, 2016

DOING BUSINESS IN NIGERIA: EASY STEPS TO STARTING A COMPANY

Credits- venturesafrica.com


As a lawyer, it is important that I  understand my client’s brief before filing a case or rendering any kind of service. I can safely say the process is the same for other professionals, and entrepreneurs. They all have a process, albeit with slight difference.

To figure out which business structure would fit their proposed entity, in both short term and long term, it is important that would-be entrepreneurs understand the preliminary stages of pre-incorporation of companies. As such, here are my thoughts on how to start a company in Nigeria.

The Company and Allied Matters Act (CAMA) is the law that regulates incorporation of companies in Nigeria. It regulates the types of company structures permissible. Headquartered in Abuja, the Corporate Affairs Commission (CAC) is the regulatory body in charge of implementing the provisions of the CAMA. It however has branches across the country.

Toyin Sanni, Group Chief Executive Officer, UBA Capital Plc to Judge Nigerian Legal Awards




Mrs Oluwatoyin Sanni, is the Group MD/CEO of UBA Capital Plc and Chairperson of the Capital Market Committee. A Lawyer, Chartered Secretary and Stockbroker with over twenty-five years’ experience in Investor Services, Law and Finance, Toyin holds a Masters Degree, LLM (Hons), from the University of Lagos as well as the Professional qualifications of the I.C.S.A. UK, and the Chartered Institute of Stockbrokers (C.I.S.) Nigeria. She was a Council Member of the Institute of Chartered Secretaries and Administrators Nigeria, a Fellow and Vice President of the Association of Pension Funds of Nigeria (APFN), an Associate of the Institute of Directors Nigeria and President of the Association of Corporate Trustees Nigeria.

Edmund Boyo, Co-Head Africa Practice, Clifford Chance LLP joins panel of judges for the Nigerian Legal Awards


We are proud to welcome Mr Edmund Boyo, Co-Head Africa Practice and Partner (Frankfurt) at the global law firm, Clifford Chance LLP as he graciously consents to join the panel of judges for our ESQ Nigerian Legal Awards.

Edmund specialises in structured finance transactions, in particular project finance, asset finance, corporate banking and restructurings. He acts for sponsors and lenders on all aspects of international project financing (including petrochemicals, mining and ports).

Whats Fair and Reasonable? by Jacinta N. Obinugwu

Credits - www.linkedin.com

It is important to have a fair understanding of the meaning of Justice. According to Oxford dictionary, "Justice is defined as the quality of being fair and reasonable". Justice can also be seen as a philosophical concept of rightness in ethics. Although justice is vitally important to any ethnical system, the definition of ‘justice’ is highly disputed upon amongst philosophers and political thinkers.

This article looks at the writings of Jeremy Bentham, John Rawls and Robert Nozick from the perspective of Aristotle’s question about the nature of justice. Outlining the principles of Bentham’s utilitarianism, Rawls’s justice through fairness, and Nozick’s procedural justice theory, this discussion illustrates the degree to which these three writers were concerned with distributing three very different ‘goods,’ when they sought to create justice.

Feb 21, 2016

File your Police Compliants via @policeNG_CRU


Mark Molyneux Partner/Co-Head, Africa Business Group, Addleshaw Goddard LLP. join panel of judges for Nigerian Legal Awards



Mark Molyneux specialises in commercial litigation and has significant experience of leading large and complex investigations and litigation both in International Arbitration and the English High Court, including claims supported by urgent injunctive relief and worldwide freezing injunctions.

Recent work includes arbitration disputes under ICC, LCIA, SCC, AAA and UNCITRAL rules and particular experience in disputes involving cross-border issues, advising on matters involving jurisdictions in Europe, Africa and South and Central America.

Dr Adesegun Akin-Olugbade, OON, Executive Director/General Counsel, Africa Finance Corporation to Chair Panel of Judges of the Nigerian Legal Awards



Dr. Adesegun Akin-Olugbade is Executive Director and General Counsel of the Africa Finance Corporation (AFC), in charge of Corporate Secretariat, Legal, Human Resources, Administration, Communications and Country Coordination. Prior to joining the AFC, he was the General Counsel and Director of the Legal Services Department of the African Development Bank Group and pioneer Chief Legal Officer of the African Export-Import Bank.

He has worked for Arnold & Porter, as a Foreign Associate, and served as State Counsel in the Federal Ministry of Justice of Nigeria, as a pioneer member of the Ministry’s Contract Vetting Division. He is also an equity partner in the law firm of O.B. Akin-Olugbade & Co (founded in 1954 by his late father).

Andrew Balfour, Chairman, Africa Practice Group, Slaughter and May joins panel of Judges of the Nigerian Legal Awards




Andrew is Chairman of our Africa Practice Group and is responsible for shaping the firm’s Africa strategy. He works closely with our partners and acts as an ambassador for the firm, promoting our practice throughout the continent.

Prior to his retirement as a partner in 2011, Andrew was Head of our Financing practice and a member of the Partnership Board. His practice, in over 30 years with the firm, covered a wide range of corporate and financing work, including UK privatisations, mergers and acquisitions and financing transactions. Andrew was a leading financing lawyer, notably representing the interests of borrowers in the development of the Loan Market Association’s investment grade loan documentation.

Philip Stopford, Andrew Jones, John Miles, Kem Ihenacho To Join Panel Of Judges For The Nigerian Legal Awards





The organisers of the Nigerian Legal Awards have announced the appointment of some international Law firm Partners and General Counsel for the Nigerian Legal Awards. According to Lere Fashola, Head of the team, this is in line with the organisers resolve to further improve on the quality and transparency in the process leading to the nomination and evaluation of winners of this industry respected Nigerian Legal Awards.

Nomination opens for the 2016 edition of the Nigerian Legal Awards on 1st March 2016


The 2016 edition of the annual Nigerian Legal Awards launched recently with a call for the leading Nigerian law firms and In-House legal departments to submit entries.

 The Nigerian Legal Awards is the only and most respected legal awards in Nigeria. The award is set to celebrate the important contributions of lawyers to businesses and indeed the economy. By uniting the most pertinent categories with the country’s leading law firms and In-House Legal Departments, our independent and highly reputable panels of judges are called to recognise success across the Nigerian legal community.

 For details of nomination and categories of award, please Visit:
www.esqnigerianlegalawards.com

The Importance of a Bill of Lading in International Trade by Damilola Osinuga

Credits - www.cargax.com

International trade dates back to centuries and has often been seen as a driving force to economic, social and political stability. It significantly contributes to the gross domestic product of nations. Bill of lading is a written evidence of a contract for the carriage and delivery of goods sent by sea for certain freight. Typically, a shipper delivers goods to a carrier while the carrier or his agent issues a bill of lading. The Court in B.M.Ltd.v.WoermannLine defined a bill of Lading as

“A written document signed on behalf of the owner of the ship, in which goods are embarked, acknowledging the receipt of the goods and undertaking to deliver them at the end of the voyage, subject to such conditions as may be mentioned in the bill of lading. The bill of lading is therefore a written contract between those who are expressed to be parties to it”

Types of Bill of Lading

Feb 19, 2016

#Didyouknow - Police Arrest

Credits - www.abcnewsonlineradio.com 
A suspect shall not be arrested merely on a civil wrong or breach of contract. 
Section 8(2) Administration of Criminal Justice Act (2015)

Adedunmade Onibokun Esq
@adedunmade/twitter
dunmadeo@yahoo.com 

Will you fight to protect your rights

Credits -www.pulse.ng 
Will you fight to protect your rights?

It’s no secret that members of the police force and solders in the army sometimes subject citizens to torture and degrading treatment. The Police may physically assault you while Solders who believe you have wronged them may usually order a citizen to frog jump or serve a type of punishment. Members of the armed forces I believe have a superiority complex to other citizens and make this obvious in their interactions with citizens. For instance calling a female solder beautiful can earn you a lot of trouble as experienced recently. 

Feb 17, 2016

DIVORCE, DOMESTIC VIOLENCE AND DEATH By Akinyemi Ayinoluwa.


“Bolanle, battered wife of deposed Deji of Akure dies.“ – July, 13, 2011.
“Akolade Arowolo stabs wife to death, cuts her into pieces.” – June, 29, 2011
“How lawyer stabbed husband to death in Ibadan.” – February, 3, 2016
The similar thread in these tragic headlines is that death became the by-product of violence, suffered at the behest of a hitherto loving husband or wife.
Marriage is reputed to be a sacred institution. By faith, it embodies a lifelong commitment commanded by God, not a death sentence like many would assume. Our faith also emphasizes the sanctity of marriage, be it monogamous or polygamous.
The BACKSTORY to this piece, as reported by a Nigerian newspaper reads thus:

CORPS MEMBERS & @StandtoEndRape SENSITIZATION AGAINST DOMESTIC VIOLENCE AND RAPE


Members of the Lagos State National Youth Service Corps (NYSC), Editorial and Publicity Community Development Service (CDS) group 2015 Batch A members partners with Stand To End Rape (STER) Initiative and the Lagos State Domestic and Sex Violence Response Team (DSVRT) to embark on a domestic and sexual violence project titled “CORPS MEMBERS SENSITIZATION AGAINST DOMESTIC VIOLENCE AND RAPE”. This is with the aim of adding value and making impact in the community as a CDS group.

Feb 15, 2016

REMEDY FOR UNLAWFUL DETENTION

Credits-Google.com

Many a-times I have heard of suspects being arrested by the police and detained for over 24 hours without charging such a person to court and most of these offences are usually not even capital offences. The law provides that upon arrest of a suspect, such person is to be charged to court within a reasonable time or released on bail. Our laws do not allow suspects to be locked indefinitely without trials, our laws do not allow for the barbaric act of denying a person his/her fundamental human rights and such cruel acts when done by the police must be spoken against. 

Feb 12, 2016

FORMAT: LOAN AGREEMENT


THIS LOAN AGREEMENT is made the ________ day of _______________2016.

BETWEEN

_____________________________________of _____________________
___________________________________________ (hereinafter referred to as ‘the Lender’ which expression shall where the context so admits include his heirs, personal representatives, successors-in-title and assigns) of the one part,
AND

_______________________________________of_______________________________________________________________ (hereinafter referred to as ‘the Borrower’ which expression shall where the context so admits include his heirs, personal representatives, successors-in-title and assigns) of the other part,

WHEREAS THE PARTIES AGREE AS FOLLOWS:
1. That the Lender shall lend the borrower the sum of N1,000,000.00 (One Million Naira) Only.

2. That the lender shall collect ______________________ as collateral for the loaned sum of N1,000,000.00 (One Million Naira) from the borrower.

3. Receipt of the said N1,000,000.00 (One Million Naira Only) is hereby acknowledged by the borrower.

4. That the borrower shall repay the sum of ___________________ as interest on the loan.

5. That the borrower agrees to return the loan with the interest on the _________________________.

6. That the Borrower shall issue post-dated cheque(s) in the total sum of the loan and interest to the Lender.

7. In the event that the Borrower does not return the loan or/and interest on the aforementioned date, the Lender shall have authority to -
i.
ii.    
iii.
iv.  


IN WITNESS WHEREOF the parties have hereunto set their hands and signatures the day and year first above written.


SIGNED BY THE LENDER     ___________________________

In the presence of :

Name: ………………………………………….
Address: ……………………………………….
Occupation: ……………………………………
Signature:………………………………………


SIGNED BY THE BORROWER    ___________________________

In the presence of :

Name: ………………………………………….
Address: ……………………………………….
Occupation: ……………………………………
Signature:………………………………………


IF YOU GET CAUGHT PRINTING FAKE NAIRA

Credits- Google 
If you get caught printing counterfeit Nigerian notes, it’s over. Pack your bags and get ready for prison for a long time. Don’t take my word for it though, you should read the provisions of the Counterfeit Currency (Special Provisions) Act, CAP C.35, Laws of the Federal Republic of Nigeria, 2004. 
The law in Section 1 provides that: 

THE COCAINE BUSINESS

Credits - Google.com
Ok, I get it. You need money and you don’t have a job or maybe your job just does not pay you well enough so you need an alternative source of income that can sustain your lifestyle or family expenses. So what do you do? You get into the drug business, its easy money right, the risks are high but the pay-off is immense. Enough to buy you a house in a highbrow neighbourhood and even throw in a Mercedes or Range Rover into the mix. For you, it’s time to be the new El-Chapo.

Feb 6, 2016

DISPLAY OF PRESIDENT'S AND GOVERNOR'S PICTURES: STATUTORY REQUIREMENT OR NAY

Credits - Google.com

A few weeks back, a friend of mine (alongside other colleagues of hers) received a work email from the Corporate Communications Department of her firm, advising them of the "statutory" display of the President and Governor's portraits alongside that of their Group Managing Director (GMD) on the walls of the office; the specified sizes, order of arrangement and propriety, colour of frames etc. 

Feb 3, 2016

COMPANY OBLIGATIONS AFTER INCORPORATION by Adedunmade Onibokun

 
Credits - indianweb2.com
 
Many people who have incorporated companies in Nigeria sometimes don’t know the steps to take after incorporation. Many do not know if they are required to file returns or even how to go about their tax registrations and payments. Via this blog, I will be sharing post incorporation obligations for company owners as it relates to the Corporate Affairs Commission (CAC) and on subsequent posts share tax obligations for every new and existing company registered under the Companies and Allied Matters Act.
Please note that these post incorporation obligations are in line with the provisions of Companies and Allied Matters Act (CAMA).

Feb 2, 2016

TOWARDS AN EFFECTIVE DIVERSIFICATION OF THE NIGERIAN ECONOMY by Odoemenam Chidi


credit-linkedin.com

 Analysts have predicted a worse economy for Nigeria in 2016 and these various predictions are not unfounded given our mono economic over reliance on Petro-Dollars for the past thirty-something years. The oil boom of the 70’s arguably contributed to the non-diversification of the Nigerian economy and to the boom of public sector corruption. For a country with the amount of oil exports Nigeria had during the oil boom, considerable infrastructural developments and socioeconomic improvements were reasonably expected but denied the greater Nigerian citizenry.

The Nigeria of 2016 is desperate; desperate to raise revenue from any source at all. The government is ashamed to tell the governed that the over-flooding of the oil market with US and Middle East oil will result in lower foreign reserves and public servants being owed salaries. State governments are consistently pleading for bailout funds from the CBN to enable them pay salaries. Due to lack of information, Nigerians still blame the CBN Governor whenever the price of a Naira to the Dollar skyrockets but still use the Dollar excessively to buy commodities online without correlating same.

Feb 1, 2016

LANDLORDS DUTY TO PUT PROPERTY IN TENANTABLE CONDITION by Rosemond Phil-Othihiwa


Credits - google.com


In the Twentieth century as urban populations increased and workers became more specialized, landlord and tenant law was forced to change. Typical tenants were no longer handy at making repairs as were tenants in previous years. They worked long hours, they did not have time to maintain premises and building designs and utilities were more complex that before. This made some tasks specialized that could only be carried out by the landlord. The growth of urban population has led to speculative buildings to satisfy the housing needs of the new population. Houses are built with inferior materials, without drains or pipes and other basic amenities sometimes are non-existent.