Police Cannot Suo Moto Declare Person Wanted

Police Cannot Suo Moto Declare Person Wanted

By virtue of the provisions of the law,
only a court can compel the appearance of a suspect. 
Section 113 of the
Administration of Criminal Justice Act 2015 states that –

“ A court may issue a
summons or warrant as provided in the Act to compel the appearance before it of
a suspect accused of having committed an offence in any place, whether within or
outside Nigeria, triable in a state or in the FCT”.

The Act does not in anyway
empower the police to declare a person wanted without a warrant for that
persons arrest issued a court of competent jurisdiction. 

Learn & Share
@Legalnaija 

Tips For Foreign Companies Investing in Nigeria

Tips For Foreign Companies Investing in Nigeria

–  Foreign companies intending to
carry on business in Nigeria should note the following- 

1. Foreign
companies must be registered as corporate entities in Nigeria with the
Corporate Affairs Commission 

2. Penalty for
foreign companies who fail to comply with the directive above shall be guilty
of an offence and liable to conviction to a fine and every officer or agent of
the company who permits the default shall also be liable to a fine.

3. Foreign
companies may apply to the President for exemption via the Secretary to the
Govt of the Federation.

4. Exemptions are
granted on the basis that the company was invited to Nigeria by the Federal
Govt or International Organization to carry out a specific project.

5. Such exempted
company shall have the status of an unregistered company. 

Adedunmade Onibokun and Co.,

Forensic Document Examination at the 2018 Career Training For Lawyers

Forensic Document Examination at the 2018 Career Training For Lawyers


As a lawyer, training in Forensic Document Examination will aid you in preparing expert opinions on the authenticity of documents from Wills, Agreements, Cheques, Signatures and many more. 


REGISTER NOW 
Early Bird Registration for the 2018 Career Training For Lawyers ends in 2 days. Register  on or before the 31st of March, 2018 to earn a 5,000 Naira discount. 
Training modules include – •  Sports Law •  Mediation •  Entertainment Law •  Finance for Lawyers •  Forensic Document Examination; and •  Intellectual Property Law


Training Information –
Date – 26th and 27th April, 2018
Venue – LCCI Conference & Exhibition Centre, Nurudeen Olowopopo Drive, Alausa, Ikeja, Lagos
Time :- 9am – 5pm Daily 

Registration Details
Fee per delegate:
N25,000 – Early Bird (Ends 31st March, 2018)
N30,000 – Regular 

Account Details –
Lawlexis International Limited
Fidelity Bank
4011176564 

Note that all Payment confirmation and Delegate Information should be sent to lawlexisinternational@gmail.com. For contact and sponsorship details, Call Lawlexis on  09095635314; 08055424566
Learn Nigerian Laws | Order Now

Learn Nigerian Laws | Order Now



Learn Nigerian laws and stay informed of your legal rights by getting your copy of “Legal Rights & Obligations Under Nigerian Law” 


The book covers over 80 Nigerian laws and is written in plain language so non-lawyers can understand. 

Topics include various laws on crimes and punishments, family law, property law, business law, tenancy law, civil law and also law enforcement laws. 

To order simply text “Legal Rights” space “Your Name” space “Location” to 08055424566. E.g. – “Legal Rights,  Ade Abubakar Chinedu,  Ikeja Lagos “

Order Now to take advantage of the 50% special discount for the easter period. Terms & Conditions apply.
Senator Ashafa Commends Fec On N20 Billion Approval For Ikorodu-Sagamu Road Rehablitation

Senator Ashafa Commends Fec On N20 Billion Approval For Ikorodu-Sagamu Road Rehablitation

The Senator representing Lagos East Senatorial District and the
Chairman of the Senate Committee on Land Transport, Senator Gbenga Ashafa has
commended His Excellency President Muhammadu Buhari and the Honourable Minister
for Power, Works and Housing, Babatunde Raji Fashola SAN, for approving the sum
of N20 Billion Naira for the rehabilitation of the Ikorodu –Sagamu express way.  


In a statement released to the press on Thursday, 29th
March, 2017, Ashafa stated that: “On behalf of the good and hardworking people
Lagos East Senatorial District in general and the good people of Ikorodu in
particular, I seize this opportunity to commend His Excellency, President
Muhamadu Buhari and the Honourable Minister for Power, Works and Housing, Mr.
Babatunde Raji Fashola on the recent approval of the sum of N20 Billion for the
rehabilitation of the Ikorodu – Shagamu road. We called and you answered.” 

“I also thank His Excellency, Governor Akinwunmi Ambode our dear
Governor for the role he has played at the executive level in ensuring the
approval of the funding for the construction/rehabilitation of this project.”

Noting
the efforts and the role that the lawmakers of the Eastern District of Lagos
State, ably led by himself, Ashafa stated further that “Having observed the
perennial strain and discomfort that the above stated road project has caused
our teeming constituents, I led the clamour of other legislators from the Lagos
East Senatorial District via my letter dated 24th July, 2017 in
urging the Hon. Minister for Power, Works and Housing to prioritize the award
of the said project. The Honourable Minister graciously directed the Permanent
Secretary of the Ministry to respond vide a letter dated 18th
October, 2017 with Reference Number: DDHMS/CR/62/NASS/111/409 confirming that
the said project has been prioritized and that the procurement process for the
project had indeed commenced. Yesterday’s approval of funding by the Federal
Executive Council therefore marks the end of the award process.”                                              
                   

In
conclusion, Ashafa therefore expressed his excitement with regards to the
positive effect of the road construction on the people of Ikorodu as well as
his confidence in the Federal Government to ensure the speedy completion of the
project stating that  “I am deeply excited because, the completion of this
project would greatly improve the quality of life of our constituents, by
easing the stress they currently face commuting that route while also easing
the stress on the Lagos-Ibadan Expressway, by serving as a viable alternative
to commuters. I am confident that work would commence in earnest towards the
speedy completion of this important infrastructural project soonest.”

Vice President Osinbajo Commends Ashafa’s Consistency

Vice President Osinbajo Commends Ashafa’s Consistency



Says Ashafa contributed immensely towards
success of Lekki Deep Sea Port project.

The
Vice President, Professor Yemi Osinbajo SAN, on Thursday 29th March,
2018 commended the Senator representing Lagos East Senatorial District, Senator
Gbenga B. Ashafa for his consistency in attracting developmental initiatives to
the district. This the Vice President noted has been the manner of approach of
the Distinguished Senator even since his days as the Executive Secretary of the
Lands Bureau of Lagos State.

Osinbajo
who stated this while representing His Excellency President Muhamadu Buhari, at
the Flag Off of the construction of the deep sea port, stated that “I must
commend Senator Gbenga Ashafa for the role he played in the actualization of
the Lekki Deep Sea port project. The land we are on today to flag off the
construction of this project was acquired during the tenure of Senator Ashafa
as the Executive Secretary of the Lands Bureau of Lagos State. The Senator who
now represents this district at the National Assembly has been consistent in
his activities geared towards the development of this district and the state
and I am honoured to be sharing this platform with him today.”

The Vice President in
his speech also stated that the project, when completed is expected to create up to 170,000 direct and indirect jobs in the economy.

“It is a landmark project for several reasons — the promoters of
this project are targeting, we are told, about 1.5 million TEUs (Twenty
Equivalent Units) container capacity annually, which they expect to grow to
about 2.7 million and 4.7 million TEUs when the project commences.

”With this feat, this sea port will become one of the largest in
our region and serve as a hub for ports operations in the whole of West Africa.

”There is no question at all that the project will be the
largest in Sub-Saharan Africa and possibly, the largest in Africa.

On
his part, Senator Ashafa commended the Muhamadu Buhari Government for its
dedication to ensuring that every nook and cranney of Nigeria enjoys
infrastructural projects. He also thanked the Federal Government and the Lagos
State Government led by Governor Akinwunmi Ambode on behalf of the people of
Ibeju Lekki and Lagos East for making the project a reality.



Image – www.independentnigeria.com 

HOW INHUMAN IS THIS LAGOS LAND USE CHARGE 2018? | Eseoghene Palmer

HOW INHUMAN IS THIS LAGOS LAND USE CHARGE 2018? | Eseoghene Palmer

The Lagos State Government would
surely have gaped its mouth at the reactions of its ever praise-giving
residents; did the Ambode’s administration get this one wrong? The answer would
be a partial “Yes” and at the same time an anemic “no”. No doubt, it would be
agreed that the promulgation of the Land Use Charge (hereinafter, “LUC”) Law of
2018 did not come as a surprise, indeed, the former LUC Law of 2001 was in dire
need of repeal.  

At least judging from the
more recent legislation, we can identify one unique benefit contrasting the old
law, that is, a consolidation of all land related taxes such as ground rent,
tenement rate, neighborhood improvement levy etc. into one absolute and unique
tax. The new law also appears to have taken cognizance of the dynamics of modern
housing in the state, flowing from the recognition of the possibility of a
landed property used for both residential and commercial activities. An example
would be a 4 story building wherein the first 2 stories are used for
residential functions and the lowers stories are used for commercial activity
like schools or stores.
To criticize, there appears
to be nothing wrong in the legal process that gave birth to this law. All boxes
appear ticked, consultations were made, town hall meetings held, legislators
had swung into action and stakeholders were abreast of the situation.  
In a State where the major
natural resource is “Tax”, one might begin to wonder why the sudden outbursts
emerging from the masses. The following paragraphs may identify some of the
reasons.
1.      
TAX
RATE FORMULA:
Classification
OLD RATE
NEW RATE
Pensioner’s
property
0.000%
0.000%
Lagos
State Government properties
N/A
0.000%
Owner
occupied residential property
0.150%
0.076%
Vacant
properties and open empty land
0.000%
0.076%
Industrial
premises of manufacturing concerns
0.500%
0.256%
Residential
property occupied by owner and 3rd party
Unclear
0.256%
Residential
property not occupied by owner
0.650%
0.760%
Commercial
property (used for business purposes)
1.750%
0.760%
Family
compounds
0.000%
Any rate
above
The tax rate differs per the
classification of the property as seen in the schedule of the LUC Act 2018, the
Old rate is also shown to further the difference


Furthermore, the formula for
calculation of tax required as seen in the same schedule is thus:

(Land Value + Building
Developments Value) x Relief Rate x Charge Rate

That is:

LUC=
(LA X LR) + (BA X BR X DR) X RR X CR

Where in (in summary):

LUC
is
“the annual chargeable tax fee being the LAND USE CHARGE”

LA
is
“area of land per square meter”

LR
is
“average market value of the land per square meter as determined by the professional
values “

BA
is
“value of total developed floor area on a plot of land in square meters

BR is
“average construction value of medium quality buildings and improvement in the
neighborhood based on the market value done by values”

DR
is
“depreciation rate for the buildings and improvements on the land.

RR is
“relief rate where applicable to owner occupier”

CR
is
“the annual charge rate expressed as a percentage of the assessed market value
of the property which may vary at the governor’s discretion”.

Clearly, the above expressed
formula is complex and calls for the applications of mathematicians. According
to Kenneth Erikume, ‘the formula … could have led to complexity by the
assessors in computing the reliefs. For example, rather than give a pensioner
100% relief, multiplying by 100% to arrive at the LUC (which is what the
formula seems to suggest) would give no relief at all. It is important for the
State to clarify and simplify the computation so that an average property owner
can compute it without any external assistance. Giving taxpayers the option for
self-assessment would also reduce controversy. It seems that it is still too
complicated even for the assessors.’

Some reports state that LUC
rates have increased by 200% to 500%. This is not exactly correct in all cases,
based on the rates alone. In some critical economic and social areas, rates
have dropped as shown in the table above.

It is pertinent to note that
there has been a downward review of the LUC law which was announced on the 15th
of May, 2018. The implication of this amendment is that commercial property
owners are to be granted a 50% discount. Properties used by owner and third
party and also property used by for Industrial and Manufacturing purposes are
to enjoy a 25% discount. A solely owner occupied property will enjoy a 15%
discount.

Additionally, the penalty
for late payment has been waived completely.

2.    
FINANCIAL
STANDING OF LOW-INCOME PROPERTY OWNERS

The minimum wage issue has
been a perfect challenge to this new law. The National Minimum Wage Act of 2011
provides N18, 000 as the least ‘take-home-pay’
for a public servant. Although Lagos State appears to house all the
billionaires in Nigeria, the percentage of low income earners, however, still outweigh
the upper class.  Areas such as Ikorodu,
Badagry, Magboro in Lagos State still consists of relatively cheap properties,
a galore for the minimum wage worker. If the intention is to use the property
for residential and commercial purposes then the LUC Act will present a hurdle
in the maintenance of such ownership of property.

3.     TRANSLATED IMPACT ON RENT

For many landlords,
particularly those in Lagos, property is a thriving business, one in which no
loss occurs, just appreciation and profits. The presence of the LUC Act 2018
has definitely adjusted that narrative. With no research or polls conducted we
can safely assume that Lagos landlords will transfer the aggression of the 2018
Act on their tenants, many of which may be minimum wage earners. Judging from
the steady inflation and the rise in food prices (as a result of the unrest in
the middle belt and Northern area of Nigeria), Lagos may, for the first time,
experience an efflux of residents to neighboring states.   

4.     PENSIONERS UNDER THE ACT

It is observed that in both
the LUC 2001 and 2018 Law, pensioners are exempt from land taxes. However,
under the interpretation section (section 1) the new law introduces a
definition of “pensioner” as a person
who retires from a pensionable office in the State (Lagos State of Nigeria)
.
There are 2 interpretations of this, depending on what is considered as
‘pensionable office’. According to Kenneth Erikume, “ It could either mean that
the pensioners that get the exemption must have retired as workers in the
government of Lagos State or that the pensioners must have retired as workers
in Lagos State. The first interpretation would be very discriminatory and it is
doubtful whether this was the intention of the drafters. The second
interpretation would be logical as Lagos State is at liberty to grant an
exemption only to those who have contributed to its economy during their more
active days in terms of taxes and driving the economy.”

Another misconception may
arise, as to whether the grace of the law extends to all properties owned by a
pensioner everywhere in the state. For example, will tax be paid by a pensioner
on all his many properties in Lagos (both residential and commercial) save the
one he currently resides in? or are all the properties covered under his
status?

Despite the criticism
cloaking this new law, amid the swift reaction of the government, it cannot be
held to be true that this law is Draconian. Several reasons point to the
benefits of the LUC Law 2018. The following paragraphs shall highlight just a
few.

1.     DEBT PORTFOLIO

As at 2017, Lagos State
amassed a debt profile of N603.25
Billion (both foreign and domestic) as against its revenue of N410.5 Billion. In light, of this
distressing fact, it would only be logical for a government to offset this
insipient financial doom. The perceived slight increase in the LUC may be an
approach by the Ambode’s administration in bridging the gap towards financial
autonomy and leverage.

2.     LAND USAGE

Looking at the rates
marshaled out in the new law, LUC Law 2018, it is obvious even to the blind
that, a vacant land owner would be at a loss, if he fails to utilize his
property. The implication of this new law is that all lands will be utilized;
this will go a long way in solving the housing deficit plaguing the Lagos
Government. Similarly, it could also instigate a rise in commercial entities,
thereby adding to the internally Generated Revenue (IGR) of the state.

3.    
CONSOLIDATED
TAX

As has been observed earlier
in the first paragraph, the new LUC Law has attempted to consolidate all land
related taxes as opposed to the former LUC Act. As seen in section 1 of the new
Law, the land use charge is said to include “all property and land based
rates and charges payable under the land rates law, the Neighborhood
Improvement Charge Law and Tenement Rate
”. This is a sure improvement on
the culture of never ending land related bills.

Conclusively, I would argue
that the Land Use Charge is not an inhuman law, it is an ambitious one.
However, just like an electronic application, the Lagos State Government may
need to debug and update this new law. The reasons for this update would be to
tackle the problems and glaring disadvantages this new enactment portends. The
government will also need to educate its residents on the importance of paying
taxes. There is no gain saying that all thriving economies get their nutrients
from the tax payer’s commitment. 

Eseoghene Palmer Esq.

Adedunmade Onibokun &
Co.

Paul Usoro doing one of the things he loves best; mentoring

Paul Usoro doing one of the things he loves best; mentoring

Paul Usoro SAN @paulusoro Speaks on Career Opportunities/Prospects in the Legal Profession 

The Learned Silk, Paul Usoro, SAN, is currently in Abuja addressing young lawyers at a Seminar, speaking on the topic “Young Lawyers: Career Opportunities and Prospects in the Legal Profession”. The event which is holding at the Radio House Auditorium Abuja, is in collaboration with the NYSC Legal Aid Group in Abuja. 

While addressing the young Lawyers; Paul Usoro states “it is not only about your credentials or knowledge but also your personality, attitude, integrity”. The Learned Silk seeks to impact relatable knowledge to Young Lawyers with a passion for the rule of Law in Nigeria.

Career Training for Lawyers

Career Training for Lawyers

Lawyers play a very vital role in the Nigerian Creative Industry and Business World. This training aims to increase and develop the competence of lawyers by providing adequate knowledge to further understand the needs of clients in the entertainment, sports, creative and financial business industries.


Training Overview
The scheduled modules for the training are directed at how lawyers can best take advantage of new areas of law including –

• Sports Law
• Mediation
• Entertainment Law
• Finance for Lawyers
• Forensic Document Examination; and
• Intellectual Property Law.

Training Information –
Date – 26th and 27th April, 2018
Venue – LCCI Conference & Exhibition Centre, Nurudeen Olowopopo Drive, Alausa, Ikeja, Lagos
Time :- 9am – 5pm Daily

Registration Details
Fee per delegate:
N25,000 – Early Bird (Ends 31st March, 2018)
N30,000 – Regular

Account Details –
Lawlexis International Limited
Fidelity Bank
4011176564

Note that all Payment confirmation and Delegate Information should be sent to lawlexisinternational@gmail.com. For contact and sponsorship details, Please contact Lawlexis on 09095635314; 08055424566