Real Estate Blues: Landlord and Tenant Romance by Akinyemi Ayinoluwa

Real Estate Blues: Landlord and Tenant Romance by Akinyemi Ayinoluwa


Emeka
Nwankwo is a legal practitioner with a viable law practice in Lagos. He is a
fine gentleman with his head well screwed to his neck.  Temperate,
unassuming, a charmer and a typical people-person. Little wonder, in his early
30s he has recorded huge milestones in his law career.
Emeka
resides in a peaceful, elitist neighborhood in Lagos, Nigeria. Though of the
eastern extraction, he enjoys a chummy relationship with his landlord, a yoruba
man in his early fifties.

Emeka
is blessed with a landlord he rarely sees, he breaks no sweat and neither has
any agent breathing down his neck on tenancy issues. Whenever hisl andlord
comes around, all they ever discuss – over chilled bottles of beer – is what
the English Premiership table looks like and their re-invigorated faith in
their darling club, Manchester United FC., clinching the premiership trophy.
The
above is rarely the case whenever a tenant settles in a new apartment in Lagos.
While prospecting, his attempts at procuring a befitting place of abode is
subject to different paradigms, and one of such is the indispensable overlord
and solution provider; the Landlord.
Landlords,
like others, are given to certain prejudices and self-conservatory
idiosyncrasies. Understandably none is Santa Claus.
Thoughts
like these always echo silently:

what part of the country is he from?”
“Is
he married, and if yes, how large is his family?”
“what
does he do for a living?” , “will he be able to sustain payment of rent as at
when due?”
“will
he keep the property in tenantable state and obey the terms of the agreement
signed ?”
These
notions are stirred-up in the minds of the landlord and often times he consults
his Agent or Lawyer in co-signing his decision after necessary circumspection.
However, this decision-making is solely his prerogative as often times the
agents and lawyers are swayed by their commissions. It is instructive to note
that when flashes of real estate deal-making and closing appear on the horizon
it takes a lot to stay objective and utterly professional. It is also poignant
to state that everyone involved in a real estate transaction is expected to
assume his duty with a deep sense of responsibility.
The
landlord, as proprietor, landowner or landholder has an almost absolute
interest in a defined property. The Tenant is the needy, or better still, he is
in need of a place to live in. In this equation, the landlord is the solution
provider, by virtue of what he owns, possesses or wields control over.
What
is at the very core of the Landlord-Tenant relationship is – satisfying the
need of the tenant; proffering an apartment, wherein the needy(tenant) enjoys
exclusive possession at a cost(rent) for a period of time.
Evidently,
not everyone shares an amorous relationship with their landlords, as is the
case with Emeka Nwankwo. One is often tempted to ask what exactly is
responsible for the prevalent cat-dog relationship of Landlords and Tenants;
why the courts in Lagos are congested with countless suits bothering on
recovery of premises, mesne profit and possession; why tenants see Landlords as
Shylocks; why there are incidents of breach of tenancy agreements etc.
My
experience litigating these issues would have me suggest that the erosion of
the peaceful enjoyment of the property by the tenant, and the failure to pay subsequent
rents/rates/service charges as at when due, are the chief contributory factors
to Landlord and Tenant disenchantment.
Perhaps
a few of such relationships could be salvaged from deterioration when both
parties understand their roles, rights and obligations. Oftentimes these terms
are canonized in the Tenancy Agreements. Numerous state legislations(tenancy
laws) reinforce certain standard form terms and cater to ensuring these
stipulations are enforceable, because everyone is the better for it when peace
and tranquility prevails.
The
under-listed accentuates, side by side, the rights and obligation of the two
parties. If these fundamentals are clearly understood and appreciated same
signposts an excursion to a sizzling romance.
TENANT’S
RIGHTS.
1)
He is entitled to quiet and peaceful enjoyment of the property, i.e, the
parking lots, the electricity, easements, water facility, common utilities etc.
2)
Freedom from unnecessary and unreasonable disturbances from the Landlord. e.g
showing up uninvited on the premises, hosting parties or staging receptions in
the courtyard of the Tenant without prior consent or authorization.
3)
Improvement on property, fixing doors, light fittings, painting walls, fixing
the the tiles in the toilet and bathrooms and the cupboards in the kitchen.
etc. A tenant should enjoy these sort of improvements made on the property,
particularly when he seeks to extend the term of the tenancy.
LANDLORD’S
RIGHTS.
1)
He has a right to inspect the property, in his personal capacity or through his
agents.
2)
He has a right to approve improvements, alterations and structural changes made
to his property.
3)
He has a right to increase rent at a reasonable degree, considering rental
value and the value of the property in question.
OBLIGATIONS
OF THE TENANT
1)
Pay rent, rates and charges as at when stated.
2)
Keep premises in good and tenantable state.
3)
Permit the Landlord or his agent the opportunity to inspect after prior
notification has been received and allow necessary repairs where necessary.
4)
No alteration without prior consent of the Landlord.
5)
No sub-letting or assignment of interest in property without Landlord’s
consent.
6)
To notify Landlord of structural and substantial alterations.
OBLIGATIONS
OF THE LANDLORD
1)
None disturbance of Tenant’s quiet and peaceful enjoyment of premises.
2)
Pay rates and charges as stipulated by law.
3)
Keep premises insured against loss or damage.
4)
Not to terminate or restrict a common facility or service for the use of the
premises.
It
would bode well for both parties, regardless of the side of the divide to
understand that they are obligated to allow each other enjoy certain rights to
forestall any clash of interests.
While
there is always the likelihood of friction in day to day human interaction, it
behooves on parties to treat same in a civil manner, it is advisable that
before a Landlord-Tenant relationship is executed there is a meeting of the
minds and a mutual understanding that civility and maturity will be the
watchword, in addition, parties should endeavor to incorporate terms that
mandates quick dispute resolution mechanisms whenever disputes arise.
LAST
WORDS TO READERS
You
live in Lagos? as a Landlord or Tenant? What is your story? how has the
relationship been? are you faced with litigation? how good is your agent? Does
your Lawyer represent your interest well enough? please do share your thoughts
in the comment section, particularly if this article resonates with your
experience.

Ed’s Note: This article was originally published here

Music Saturdays – @falzthebahdguy

Music Saturdays – @falzthebahdguy

Falz the bahdguy, real name Folarin
Falana is a Nigerian lawyer turned rapper and son of legal luminary, Femi
Falana SAN. Falz left the practice of law to follow his dreams as an artist, he
thrills every audience with his talent in music and comedy. Find him at @falzthebahdguy. Check out his videos, first one is titled “Ello Bae”.



Next video features Simi and is titled “Soldier” 

 

Mutual Assistance in Criminal Matters Act 2017

Mutual Assistance in Criminal Matters Act 2017

Credits – thenigerialawyer.com

This
Act provides for the repeal of the Money Laundering (Prohibition) Act 2011 as
amended in 2012 to make comprehensive provisions to prohibit the laundering of
the criminal activities, expand the scope of money laundering offences, provide
protection for employees of various institutions, bodies and professions who
may discover money laundering, enhance customer due diligence, provide
appropriate penalties and expand the scope of supervisory bodies whilst
recognising the role of certain self – regulatory organisations ” address
the challenges faced In the implementation of a comprehensive ant – money
laundering regime in Nigeria.

The
introduction of the law is of importance to Nigeria’s fight against corruption,
there have been numerous scenarios where alleged corrupt individuals escape
prosecution in Nigeria to other foreign countries believing they are not within
reach of the Nigerian courts and government, therefore enjoying the fruits of
their ill-gotten wealth with impunity, however, with the introduction of this
legislation, Nigeria may apply to such country where anyone is hiding out to
aid in prosecution, such person may even be prosecuted in line with the law of
the host country and Nigeria will be glad to furnish such country with evidential
support to bag a conviction.
It is no gain saying that the effect of
corruption in Nigeria is crippling National development and any efforts of the
government to curb this is to be greatly supported by everyone.
Nigerian Senate Introduces Bill to curb naughty professors

Nigerian Senate Introduces Bill to curb naughty professors

Photo Credit – Schoolnews.com.ng

If you are familiar with Nigerian
Universities or you probably studied in one, you may be familiar with instances
involving sexual harassment, where naughty professors take advantage of students
and harass them into having sex in exchange for marks. It’s also both ways as
some girls will rather give it up rather than study thereby going out of their
way to get the attention of the lecturers, but a willing student who decides to
play dirty with her professor is different from one who is forced into the
relationship.

It’s also common to see these professors
boast in the open among their counterparts about their sexual escapades with students
young enough to be their daughters, apparently, they have no shame and if you
are a professor reading this and you indulge in such act, saying shame on you isn’t
enough, we just wish karma catches up with you real quick in a way that hurts. 
Tertiary institutions have not been
able to adequately stem this tide and sometimes have been involved in covering
up such situations. It’s Nigeria anyway, in a better environment, such lecturer
will be sacked and never be allowed to teach ever again. Anyway, we hope they
all get what’s coming to them. 
Great news however as the Nigerian Senate
seeks to introduce a
Bill for an Act
to make provision for the prohibition of Sexual Harassment of Students by
Educators in Tertiary Institutions and for
other related matters, 2016 (S.B. 262). This Bill was sponsored by Sen. Ovie
Omo-Agege (Delta Central) and 57 others. The Bill got the nod of distinguished
Senators and has scaled through second reading, currently it has been referred
to the Senate Committee on Judiciary, Human Rights and Legal Matters to report
back in four weeks.

The
proposed law seeks to make it a criminal offence for any educator in a
university, polytechnic or any other tertiary educational institution to
violate or exploit the student-lecturer fiduciary relationship for sexual
pleasures. The Bill if passed imposes stiff penalties on offenders in its
overall objective of providing tighter statutory protection for students
against sexual hostility and all forms of sexual harassment in tertiary schools.

The
bill provides a compulsory five-year jail term for lecturers who sexually
harass students. Also, vice chancellors of universities, rectors of
polytechnics and other chief executives of institutions of higher learning will
go to jail for two years if they fail to act within a week on complaints of
sexual harassment made by students.

We believe the time is right for us to stamp out and
rid our educational institutions of sexual harassment especially in
Institutions of Higher Learning. Moreso, we cannot wait to see naughty
professors prosecuted and jailed under the new law when it is introduced.

The
bill expressly allows sexually harassed students, their parents or guardians to
seek civil remedies in damages against sexual predator lecturers before or
after their successful criminal prosecution by the state.



@Legalnaija
J.N. YISAPATI – “Incompetence” of Court Processes without the NBA Stamp/seal

J.N. YISAPATI – “Incompetence” of Court Processes without the NBA Stamp/seal

Photo Credit – www.nigerianbar.com

It
may perhaps be useful to herald this piece with a scenario that played out at
the High court in Minna, Niger state;

 

Defendant/Applicant:
Your lordship, we are challenging the competence of this suit and we summit
that this court is robbed of jurisdiction. The NBA stamp/seal on the Writ of
summons (an originating process) bear the year 2015 when the current year is
2016, in fact, we vehemently submit that the said process is without the NBA
stamp/seal. It is now well settled that the failure to affix the NBA stamp/seal
on any legal document, even Court processes, makes such document incompetent.
We therefore urge this Honourable court to strike out this suit, also in line
with O.5.r.2(1) of the Rules of this court. One cannot put something on nothing
and expect it to stand. We are grateful.

Plaintiff/Respondent:
My lord, am surprised at my learned colleague’s submission, howbeit, I
apologize to this Honourable court. It was inadvertence on my part, I affixed
that of 2015 instead of 2016. I urge your lordship to be benevolent and order
for regularization contrary to the submissions of my learned friend for it to
be struck out; this will be in the interest of justice as a sin of a Counsel
ought not and should not be visited on the client. May it please my lord.
COURT:
Counsel
should agree on a date for the ruling.
The case of Mega
Progressive People’s Party (MPP) v. INEC& Ors (SC/655/2015) brought a new
development on the use of NBA stamp/seal by legal practitioners in Nigeria.
Though not without some un-clarities, the Supreme Court held that a process
filed in court without the stamp/seal makes the process incompetent. Prior to
that decision, such failure to affix the stamp/seal was treated as a mere
irregularity which may not affect the proceedings. However, the position was
further fortified with the recent decision of the Supreme Courtin All Progressive Congress (APC) v. General Bello
Sarkin Yaki SC/722/15 (reported as Senator Bello Sarkin Yaki v. Senator Atiku
Bubakar Bagudu Ors (2015) LPELR-25721 SC)
Where it was manifestly concurred
by each of the Justices that failure to affix the stamp/seal makes the process
incompetent, thereby, confirming the earlier decision (MPP’s case) in more
stronger and clearer terms. Not long after this decision did the National body
of the Nigerian Bar Association (NBA) circulate a memo to its members with the
caption:
 “Supreme court affirms that failure to affix NBA stamp/seal in a legal
document renders such legal document incompetent.”
However, it is trite that
in interpreting statutes, the words used should be read as whole, in context
and not in isolation (Bakare v. Nigerian
Railway Corporation (2007) 17 NWLR (PT. 1064) 606).
The word “incompetent”
used in that APC’s case (supra) when read together and in context gives the
true intention of the supreme court, in line with curing the mischief of not
allowing quacks and non lawyers to practice law;
According to M.U. Peter
Odili JSC;
“A notice of appeal is the
originating process at an appellate court…which must be signed, stamped and
sealed. Therefore, a notice of appeal not found with these components is an
incompetent notice of appeal depriving the court of the jurisdiction to
determine the appeal on the merit…”Her lordship went further to state that “any
non compliance with Rule 10(2) RPC…is visited with the sanction that the
process is without competence…
However, Ngwuta JSC, while
delivering the lead judgment, was meticulous in providing further
clarifications on the nature of the “incompetence” of the process;
“the legal document so
signed and/or filed is not null and avoid or incompetent like the case of a
court process signed in the name of a corporation or association…the document
is deemed not to have been properly signed or filed but not incompetent as the
2ndrespondent assumed.” His lordship went further to say such
document “is akin to a legal document or process filed at the expiration of the
time allowed by the Rules or extended by the court.” He then concluded
categorically thus; “in the case at hand, the process filed in breach of Rule
10(1) (of RPC) can be saved and its signing and filing regularized by affixing
the approved seal and stamp on it.” (emphasis supplied) at Para. 3, Page 6 of
the Court’s decision.
 

Photo Credit – lawnigeria.com

While making reference to
the earlier decision in the MPP’s case, the submissions of O. Rhodes Vivour
JSC,is even more interesting as it tends to go beyond the instant case;
“In this appeal, this
court says that legal processes without stamp or seal are voidable. That is to
say such documents are deemed not to have been properly signed and not that
they are invalid. Such documents are redeemed and made valid by a simple
directive by the judge or the relevant authority at the time of filing the
voidable document for erring counsel to affix stamp and seal as provided for in
Rule 10 of the LPA.”
 
His lordship, S.N.
Onnoghen JSC. concurredwith the above positionthus;
“The provision of the
Rules (of professional conduct )…is not a substitute for the substantive law on
the matter, that is why non compliance thereto renders the document
involved/concerned voidable , not void or a nullity”( emphasis supplied ).
It becomes  deducible that the learned justices, in order
to achieve substantial justice in the case and also lay a solid foundation for
future cases, held that  a defect in a
notice of appeal (an originating process) as a result of non compliance with or
non- affixing of the stamp/seal could be regularized. While this position seem
settled (at least for the appellate courts), the trial court still have some
hurdles to cross even as the legal community anticipates the apex court’s
decision on such matters after emanating from the trial courts. If justice is,
and still remains, a three way traffic, then the issue of stamp/seal at the
courts of first instance in Nigeria, still require some circumspection.
The scenario above presents
a classic case for introspection.While it may be asserted that, if it was an
interlocutory application, there would have been little or no difficulty for an
order to regularize but in the instant case, the Court may order for
regularization ala the Supreme Court’s decision in the APC’s case. However,
this will lead to a fundamental question: whither the import of the provision
of O.5 r.2(1) of the High Court Civil Procedure Rules of Niger state 2012
(other jurisdictions have similar provisions copied mutatis mutandis. E.g., see
O.5 r. 2(1) of the High Court Civic Procedure Rules of Lagos state 2012) which
state thus;
“Where in beginning or
purporting to begin any proceeding, there has by reason of anything done or
left undone, been a failure to comply with these Rules, the failure shall
nullify the proceedings.”
On the other hand, if the
court strikes out the suit, bearing in mind the provisions of Section 122(2)(j)
of the Evidence Act 2011, then it might just be difficult to resolve on how to
strike the balance between curing the mischief behind the stamp/seal and the
interest of substantial justice in the 
case. Does the Plaintiff/Respondent lose the status of lawyer by mere
affixing an expired seal? One may therefore assert, albeit, not unarguable,
that it is quite unfair for the court to engage in an extreme attempt to cure
the mischief behind the stamp/seal even at the expense of its ultimate goal of
achieving manifest justice.
Still on the scenario,
assuming the Defendant/Applicant, after noticing the absence of the stamp/seal,
decided to stay mute and went through the trial which lasted three years, and
in the final address, raised the issue, what will be the approach of the court
in its judgment? Or in the alternative and worst still, if he raises it first
time on appeal, what will be the likely outcome of such objection on the case
as a whole? Bearing in mind the supreme courts decision, the Ruleof Court and
the travails of litigation for three years. While all these unanswered
questions takes the semblance of an academic one for now, the argument and
opinion will continue until the apex court is confronted with such an issue for
determination. Perhaps, the words of Onnoghen JSC in the APC’s case may
inherently stand as a signpost in the future;
“It is only fair to the
client, the legal profession and in the interest of justice that the legal
practitioner involved be given opportunity to prove his call to Bar and
enrollment at the supreme court of Nigeria by affixing his seal to the document
involved at any stage in the
proceeding including appeal or whenever
an objection to the authority of the document is raised…”
At the risk of overzealous
emphasis, the key phrase here is: “…By affixing his seal to the document
involved at any stage in the
proceeding including appeal or whenever
an objection…is raised.”
This is muchof a flexible
view to the stamp/sealconundrum , albeit, needing some harmonization with the
Rules of courts in Nigeria.
CONCLUSION
The NBA stamp/seal project
has come to stay and although the innovation remains laudable, there is still
need for expeditious improvement.  This
is necessary, not just in achieving the objective-in-chief of the project, but
also for the smooth running of the overall system;lest constant objections from
some legal practitioners to what many (including litigants) may see as a pure
technical issue, may become an increasingly exasperating occurrence in our
courts.
Therefore, bearing in mind
the current technical and administrative 
challenges experienced by the NBA in issuing this stamp/seal to Lawyers,
there is need to tackle this teething problem from the root, and proactively. 
There is the need for a
synergy between the bench and the NBA branches across various statespursuant to
the circular by the CJN (Ref. NJC/CIR/HOC/171 dated 12th may 2015)
which reads in part; “…all  Head of
Federal and State courts shall establish procedures for the implementation of
the stamp policy and it’s full utilization within all jurisdiction…”, to rise
to the occasion in the implementation of this well intended policy. The Chief
judges may issue practice direction to ensure proper compliance with the
stamp/seal ab initio. This direction may particularly be to the effect that, in
all the registries of courts in the state, where the appropriate stamp/seal is
not affixed on the process to be filed, it shall not be accepted for filing.
Furthermore, if possible, a special enlightenment program be organized for all
officers at the various registries of the courtsto educatethem on the need for
diligence and meticulous scrutiny on every process before it is accepted for
filing. Some jurisdictions are speedily implementing this policy (ies). For
example, Federal High Court in Lagos, from 15th0ctober, 2015, do not
accept any process for filing that does not carry the appropriate stamp/seal.
Finally, it is submitted
that while putting  emphasis on rigid
compliance  with the stamp/seal directive
above curing the mischief may be counterproductive in the long run, a liberalapproach
as afore pinpointed, will do much good to the entire legal profession in
Nigeria, more particularly the litigation process.
J.N. YISAPATI 

Principal Partner; 
YISAPATI & CO., 
9/10 Najoji complex,
 beside Mr. Bigg’s, 
Tunga-Minna, 
Niger
state.
Ronke Omorodion – Beware of Oral Contracts

Ronke Omorodion – Beware of Oral Contracts


Welcome
back to the Chronicles of Becky (insert soundtrack lol)
Last
time out, we learnt how a simple waiver clause can protect your business from
unwarranted liabilities. In case you missed it kindly follow #LegalBusiness to
get updated.
BeWise
Digital Limited had only recently started engaging with some major
international partners and Becky had come to realise that she needed a website
to properly portray her corporate image to the world. She was scheduled to
speak at an international conference in 6 weeks and needed her website to be up
and running before then.

Becky
quickly enlisted the help of a freelancer website developer named Tunde who
promised to deliver the website within 2 weeks. They agreed that she would pay
half of the money before he starts and the other half after he delivers. These
agreements were all made orally, no written contract was signed.
After
two weeks, she called Tunde to ask if the site was ready and he said he was
experiencing some technical issues and would get back to her. Another two weeks
went by and still the website was still not ready. Tunde had started to ignore
her calls. She had no idea of where she could locate him as he had no office
and all she had was his phone number. Becky was furious. The unsavory prospect
of speaking and networking at the international conference without a proper
online presence to boost her company’s profile stared her in the face.
She
frantically started looking for another web developer and was introduced to
Linus who agreed to take on the job. Linus worked day and night and delivered
the website in 10 days… just a few days to the start of the conference. Becky
was relieved. It had been a close shave.
5
weeks after the conference, she got an email from Tunde the missing web
developer saying, “website completed and ready for demo. How soon can you make
payment of balance?” Becky couldn’t believe her eyes. She replied him in some choice
words that he was lucky she had not gotten him arrested for defrauding her of
her initial deposit. She told him she had given the job to someone else who had
delivered her website to her. Tunde was shocked and asked why she did not
communicate to him that he should stop work on the site. He went on to tell her
how he had spent his time and resources to finish and host the site and
demanded to be paid his balance. A week later Becky got a letter from Tunde’s
lawyer threatening legal action.
Becky
consulted her own lawyer… ready to fight it out. He asked her what her contract
with Tunde stated in relation to delivery timeframe of the website and she
responded that there was no written contract. All they had was an oral
agreement.
Her
lawyer was disappointed. He had warned her several times against having oral
agreements with her stakeholders. He advised her to allow him negotiate with
Tunde to pay a reduced percentage of the balance because if the matter was to
go to court, her chances of winning would be low since she did not communicate
to Tunde that she was no longer in need of his services, and she had promised
to pay up after delivery of the site.
Becky
reluctantly agreed and ended up paying 85% of the amount for a website she was
never going to use. She was furious with herself for making this mistake.
Case
analysis
Are
you like Becky, do you make oral agreement with your stakeholders? Do you
choose to work with people without having proper contracts documented showing
critical clauses and contact addresses? Then you need to rethink your choices.
A
simple agreement containing the necessary clauses like the time frame for the
job, the terms of the contract, the instances that would lead to termination of
the contract and so on would have saved Becky from wasting money on a website
she didn’t need.
As
professionals and entrepreneurs we need to ensure we get our lawyers to put
proper contracts in place to govern all engagements with our key stakeholders.
Where contracts are presented to us for execution, always give it to your
lawyer to go through it to make sure the terms stated therein are favorable to
your business.
You
know how we roll, hit me up in the comments section and let’s know your
thoughts. One more thing….. you are AWESOME!

Ed’s Note- This article was originally published here
15 ways to get your desired business name approved for registration

15 ways to get your desired business name approved for registration



Credit – new.cac.gov.ng

If you plan to use a general
word when coining your business name, please don’t forget the
fact that as humans we sometimes think alike and someone else might have used
the name. However there are many tricks to get the name you desire to be
available to you even if it is a commonly used word. A client once told me he
saw his desired name in a dream, but when we searched, the name was denied,
apparently, someone else saw it in a dream before him.
The problem of name denial is real and
research shows that many entrepreneurs get frustrated when their desired names
are not available for registration. Some have been discouraged to proceed with
registration while others cast suspicious looks at the Incorporation
agent.  But according to Akin Mate, a Lagos based corporate lawyer, there
may be a way out. The easiest way to get the name you desire is to be unique
and creative, Akin Mate Said. Unique names will always beat the system.

How To Get Your Desired Name:

Be Creative
A business name can
be very creative notwithstanding the business you are doing. When thinking of a
desired name it’s better to think outside the box. Many popular brand names
today are coined out of abstract ideas. Creativity helps a lot. It will help
you get that desired name.
Be Unique
No matter what business or
profession you are in, it pays to be unique and differentiate yourself by the
name you choose for your business. You don’t have to follow the crowd.

Combine More Words

Using more words in your name can help you get an approval, especially if you
are using general words. For instance if you want a word like
“Furniture” to appear in your brand name, you have to include other
words. Example; Excel Concord Furniture Sales Limited will have a better chance
of being approved than Excel Furniture Limited.

Choose Something That Is
Significant To You

Coining words from
ideas that are significant to you might prove unbeatable. From experience I’ve
seen clients combine names of their children, their name and their spouse’s,
their birth dates etc. A client combined her children’s name Mirabel and
Collins to form MiraColls Ventures, Ukeme and Telma was used to form Ukitel
Services. Such names are unbeatable.

Avoid Using General Words
As mentioned earlier,
people think alike in many ways and it’s easy to fall for a name just because
it’s a generally used word. Words like God’s Gift, Immaculate, Aroma, Food,
Cuisine, Standard, Diamond, Gold, etc are general words and if not properly
combined will lead to a disapproval.

Try To Use Indigenous Terms

There is a popular
restaurant where I eat, and the registered name of the place fascinates me. Its
locally branded and besides being unique, it draws attention. The name of the
outfit is Ikooko Mi Limited (Ikooko Mi is a Yoruba Word for my cooking pot).
Indigenous words and words in your local dialect if well combined will always
come out well.

Use Foreign Language

Coining your name in a
Foreign Language may be a sure banker when it comes to uniqueness. For instance
a French name like “Rendezvous Limited” is likely to be available.
Besides being a catchy name, “Rendezvous Limited” might get you more
clients from Lagos Island than a name that that is less catchy.
Always Include Limited, PLC
In Company Registration

Another
reason why CAC deny names is when the name search inquiry omits the appropriate
adjective or the acronym after the name. For Business names (sole Proprietors
or Partnerships) It’s always advisable but not mandatory to add words like
“ventures” “Enterprise” etc after the desired name. Example is: “Jekyl
Ventures,” or @Jekyl Enterprise”

However it is mandatory when conducting a name search for company registration
to add the word “Limited”, “LTD” or “PLC” after your desired name. If that is
not done, the search would be invalid.

Avoid Certain Words

Many people make the
mistake of trying to register a federal agency instead of a private or public
company, said Said, Amaka Anierobi, a Lagos based Lawyer. They do so by adding
words like “Federal”, “National’, “Regional”,
“State”, “Government”, “Municipal” or
“Chartered”, “Co-operative” or the words “Building
Society”, “Group” or “Holding. These words are prohibited
under section 30 of the Companies And Allied Matters Act, (the law regulating
companies.)
Use Names That Relate With
Your Business
While choosing a name, be
sure to avoid using verbs that does not address the core nature of your
business. For instance if your business is for the supply of building and
construction material, the core verb in your business is contractors not
construction. So try using a name like “RBN Building Materials Contractors Limited” or “RBN
Medical Equipment Supplies
Limited”
Use Acronyms
Acronyms have a five out
of every ten chance of working out. Start with a nice acronym and spell it out
as your company name. Use Acronyms like EWP perhaps for Elegant Wedding
Planners Limited, etc.

Avoid Publicizing Your Name
Before Registration

If you are not going to
get registered soon, then you should avoid publicizing your name. The truth is
there may be someone out there who will either intentionally or unintentionally
steal your name.  In the movie titled Focus,
starring Will Smith, we were told how the subconscious mind registers an image
it sees over time and accepts it as its own.
Do Not Let Your Name Search
Expire Before Registration
Many people, even lawyers
have encountered the problem in the past. Little is known if this problem still
persists. But Lawyers often advise their clients, if you know you are not ready
for registration, don’t bother reserving the name, because chances are it might
get stuck in CAC’s system after expiration and become unusable. A friend who
tried to register her company could not proceed with the name because the name
got stuck and could not be re-reserved neither could it be cleared from the
system.

Ask Google

Usually google does not
have a list of all the registered businesses in Nigeria, but if you search
google, you might find that a company using a name similar to yours may already
exist. A website with the name may even be listed on the search result.
Do Not Register A Business
Name IfYou Intend Converting To A Company

Another mistake people make is that they register a business name and dream of
converting it into a company. However in reality, it’s not possible. A business
name cannot be converted to a company. Only a company is convertible. A Private
company can be converted to a public company, likewise a company limited can be
converted to an unlimited company and vice versa.

Ed’s Note: This article
was originally posted by RBN Bloggers here
Busayo Adedeji: Corporate Immigration Practice In Nigeria

Busayo Adedeji: Corporate Immigration Practice In Nigeria






There
are three classes of visas under which corporate/business visitors can visit
Nigeria. These are:

  • ·       
    Business visa;

  • ·       
    Temporary Work Permit (TWP visa); and

  • ·       
    Subject to Regularization Visa (STR visa).

A
business visa is an entry visa for business people and investors coming to
Nigeria for business discussions and meetings and is usually obtained from the
Nigerian mission abroad. This visa is usually granted for 90 days (subject to
the discretion of the Nigerian Mission abroad) Holders of a business visa are
prohibited from any form of employment while in-country. The penalty for over staying
in-country on a business visa is $1,000.
Requirements
for a business visa are:
 

  • Letter of invitation from a company incorporated in
    Nigeria;

  • International passport with at least six months
    validity;

  •   Evidence of funds (account statements will
    suffice);

  •  Evidence of hotel reservation;

  • Flight itinerary;

  • International vaccination certificate; and

  • Payment of prescribed visa fees.

Nigeria
now has the option of business visa on arrival for business visitors. This
offers easy access to immigration facilities by genuine visitors and foreign
investors. This visa is usually issued at the port of entry. This policy aims
to attract Foreign Direct Investments (FDI’s) and open the economy to
employment opportunities. In addition to the above listed document, the
approval of the Comptroller General of the Nigerian Immigration Service must be
prior to the arrival of the business visitor in Nigeria.
Temporary Work Permit:
This
class of visa is available to companies that require the services of expatriate
employees in Nigeria for short term assignment. The application for this type
of visa is made to the Nigerian Consul in the home country of the expatriate.
It is pertinent to state however that the approval of the CGI must first be
sought. This approval once granted is in the form a cablegram issued to the
Nigerian mission abroad directing the mission to grant the expatriate the visa.
  • Copy of expatriates bio-data page of international
    passport (with at least 6 months validity);
  • Copy of company’s certificate of incorporation;
  • Cope CAC form 2 (allotment of share capital);
  •  Copy of CAC form 7 (particulars of directors);
  • A copy of the company’s memorandum and articles of
    association;
  • Company firm profile;
  • Copy of expatriates resume;
  •  Copies of expatriates professional certifications;
    and
  • Appropriate visa fees paid.
Subject to Regularization Visa (STR):
The
Immigration Act expressly prohibits the employment of foreigners without prior
consent of the Director of Immigration, as such foreigners seeking to take up
long term employment in Nigeria must apply for an STR visa.
The
application is to be made to CGI stating that the company has a vacancy on its
expatriate quota and desires the foreigner to fill the vacant position.
The
application for the STR visa is to be done by the employer company to the
Nigerian mission abroad. The STR visa once granted is valid for 90 days, during
which the prospective expatriate employee must enter Nigeria and apply to
regularize the work permit. Parents and children of expatriate are categorized
as dependants and can reside in Nigeria once the relevant visas and
applications have been approved. They are however prohibited from any form of
employment.
Documents
required for issuance of an STR visa:
  • Employees international passport with at least 6
    months validity;
  • 4 passport sized photographs;
  • 4 copies of the prescribed visa form;
  • Letter of application for STR visa from the
    company;
  • Copy of certificate onf incorporation of the
    company;
  • 4 copies of company’s expatriate quota;
  • 4 copies of the employees letter of employment;
  • 4 copies of letter of acceptance of employment by
    employee;
  • 4 copies of resume of employee;
  • 4 copies of educational/professional certifications
    of employee;
  • Valid international health certificate showing
    vaccination against yellow fever
  • Flight itinerary; and
  • Visa fees paid.
Combined Expatriate Residence Permit and Aliens
Card (CERPAC):
CERPAC
is a green card issued to expatriate employees once they have regularized their
STR visa in-country. The CERPAC is valid for 12 months and can be renewed for a
further 12 months as long the expatriate quota position is valid.
It
is pertinent to state that the employer must accept immigration responsibility
of the expatriate employee in all the classes of visa listed above.
ECOWAS citizens working in Nigeria:
Citizens
of ECOWAS states seeking employment in Nigeria are to apply (through their
employer) to comptroller of immigrations in the state where the expatriate will
be employed for an ECOWAS card which grants the employee leave to live and work
in Nigeria for 2 years.
Written By: Busayo Adedeji
Twitter: @thestreetloya
Image
credits: www.imperialvisas.com