The Legalnaija Blawg

Nigeria's 1st online legal education platform.

The Nigerian Blawg

Using innovative ways to empower Nigerians with legal information.

Follow @Legalnaija On Social Media

Your Favourite Law Blawg

The Legalnaija Blawg

Legal information at your finger tips.

The Nigerian Blawg

The 1st online legal education platform.

Aug 30, 2016

Emmanuel Ohiri - Money Judgment;Unclogging the wheel of Justice

The legal mantra, “a winning party has a right to enjoy the fruit of his judgment” has been greatly abused in Nigeria. Justice delayed is justice denied even though litigation under the Nigerian judicial system is more often than not protracted. Once a claimant initiates an action, it is reasonable for him to expect that the match will result in a penalty shootout after warming up, playing till full time and extra time. This is largely due to the various administrative hurdles, professional antics and unscrupulous practices, which plagues the administration of justice system in Nigeria (a huge topic for another day).

TyLegal - Is life imprisonment suitable for rapists?

The Kaduna state government has proposed life imprisonment for rapists, especially where minors are involved. Try as one might, it is difficult to comprehend why a man will rape anyone at all, much less a minor. Short of being mentally deranged, I cannot think of any excuse for such...

Aug 29, 2016

Busayo Adedeji - Corporate and Individual Liability Under The Immigration Act (2015)

The immigration act was recently reviewed/amended and same was signed into law by former president Goodluck Jonathan before leaving office in 2015. The law (upon signing by the then president) immediately became effective as the principal law regulating immigration in Nigeria.

Some of the sections detailing corporate and individual offences/punishments under the act are highlighted below:

Chukwudi Ofili - Perfection of Security Documents and the Practice of Upstamping in Nigeria

In Nigeria, debts are typically secured through the use of guarantees, mortgages, fixed and floating charges and pledges of real, personal, tangible and intangible property belonging to the debtor or a guarantor of the debtor. Security created in favour of a lender for providing debt financing is documented using different forms of security documents.

Aug 23, 2016

Supreme Court Rules Igbo girls can inherit property

The Supreme Court recently delivered a landmark judgment that will alter the domination, subjugation, discrimination and humiliation suffered by women in Igboland from time immemorial. In the judgment, the apex court voided the Igbo law and custom, which forbids daughters from inheriting their late fathers’ estate. The Court declared that the tradition is discriminatory and conflicts with the provisions of the Nigerian Constitution. 

Aug 18, 2016

Osinuga Damilola - Lease as an Alternative Financing Vehicle in Ship Acquisition

Acquisition of ships is fundamental to the shipping business. Notwithstanding the mode of acquisition, i.e. whether by an outright purchase, construction of a new ship or otherwise, ship financing continues to be an integral part of ship acquisition. Financing ship acquisitions can be effected through the provision of debt or equity.

The most common means is to obtain a loan for part or all of the purchase price otherwise known as debt financing. However, due to the nature of the marine business, many financing institutions are reluctant to finance the acquisition of ships without adequate security or a good credit rating with such financial institution.

Aug 15, 2016

Tanimola Anjorin - An exposè on the Arbitration procedural stages

Arbitration as a better alternative to litigation: An exposè on the procedural stages[1]

Alternative Dispute Resolution (“ADR”) simply refers to any means of dispute resolution excluding litigation in a courtroom.  It is a form of facilitated settlement, which is confidential and without prejudice.  Consequently, the details of the process are not usually disclosed to the public except where it snowballs into a court action. 

Provisions of the Lagos State Properties Protection Law 2016

Though not restricted to the commercial city of Nigeria, Land grabbing has always been a big issue in Lagos state. Property investors were not protected under the law and were being taking advantage of by the popularly called “Omo Onile”, meaning in loose terms “Children of the land” and their sponsors, or privileged individuals who used force, threats and sometimes violence to unscrupulously take possession of land or property belonging to other persons. It is common to see or hear of a crowd of young men gather at the sites of undergoing private construction demanding for unaccountable levies and fines. 

Aug 10, 2016

RBN Bloggers - How to draft an Affidavit though you aren't a lawyer

Many people don't like lawyers simply because it appears they argue too much, others don't like them because they have encountered the ones who charge a lot. A client once told me "I swallowed all the Paracetamol I could find when I saw your bill." All I could do was laugh. Knowing what I had charged, I knew I had undercharged him just because I wanted him to retain my services and there he was still insinuating I had overcharged. Like him, many people have the fear that lawyers overcharge even when they don't. And yet it's not so easy to get by without a lawyer on your side because there will always be a need for one.

Aug 9, 2016

Ivie Omoregie: So You Want to Stand As a Guarantor For LeBoo?

Just the other morning a friend of mine called messsscccrreeeaammmiinnggg; she said a certain Nigerian bank had deducted N7m from her account. It was a Saturday morning, so there was no way to contact the bank to ask them for the exact details of the transaction. She said her account manager’s number was not going through and that when she checked online she could not see specific details for the deduction…just a series of transaction codes.

Busayo Adedeji - A Review of the Cybercrimes Act

·         Introduction
The cybercrime act was signed into law on the 15th of May, by President Goodluck Jonathan before leaving office.  The objectives of the act are to provide an effective and unified legal regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrime in Nigeria; ensure the protection of critical national information infrastructure and promote cyber security and computer systems and networks electronic communications, data and computer programs intellectual property and privacy rights.

Penalty for Cyberstalking in Nigeria

The Cybercrimes (Prohibition, Prevention, Etc) Act, 2015 provides for an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria. The act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights.

Aug 6, 2016

Music Saturdays - Forte

Teniola George, a.k.a "Forte" is a Nigerian lawyer who has embraced his passion for music like our earlier Music Saturday features such as Falz, Kinggfefe and Slimusic.

Check out his music video and share. 

Aug 4, 2016

Abimbola Balogun - Position Of Commissioned Photographers under The Nigerian Copyright Law

So I somehow walked into an argument with a friend of mine the other day of which the true and current position on the topic has been on my mind for a few days now. I really Don’t remember how that happened but the issue sent me into a frenzy as I really hate to loose arguments. Here is how I got myself into the argument.  So I just finally got my wedding album from my fantastic photographer and I was really impressed with the turnout as I was frankly scared that it would not look as dreamy as I had pictured in my mind (brides and their outlandish fantasy ideas right) so I didn’t waste any time to whip out my new priced possession albums for my guests to view on one fine Thursday evening. 

Evicting tenants through self-help

A client once complained to me about a belligerent tenant who despite owing arrears of rent had refused to vacate the premises. My Client wanted to let the premises to someone else who was ready to pay and asked how he could get the tenant out in two months.

This is rather an unfortunate situation landlords sometimes find themselves in. My Client required funds for his business and these funds were being held over by the unyielding tenant, which was very frustrating for him. One cannot blame tenants who also are in this position because such disputes usually arise from the financial incapacity of the tenant or from dispute with the landlord over rights and obligations of the parties.

Aug 2, 2016

Profile - Chief J. K Gadzama SAN

Called to the Nigerian Bar in 1986 and enrolled at the Supreme Court of Nigeria the same year, Chief J-K Gadzama was appointed Notary Public in June 1996 and elevated to the worthy rank of a Senior Advocate of Nigeria (SAN) in 1998. His professional experience spans a vast area of adjectival/procedural and substantive law. A worthy professional par excellence, he has been external Solicitor to several Merchant, Commercial, Development and Industrial Banks; adviser to major multinational corporations and indigenous companies and organizations and network of individuals in Nigeria. He was the lead Counsel to the Independent National Electoral Commission (INEC), and also was the Chief Legal Counsel to Peoples Democratic Party (PDP).

What you should know before signing a contract (Part 2)

This is the 2nd post in a series of articles on contract. The first article defined contracts while this post will be examining the terms and contents of contracts

Terms of contracts can be described as the rights and obligations of parties under the contract. For instance, under a tenancy agreement, a term of the contract is for the tenant to pay rent, another term is for the landlord to deliver the premises in tenable condition.