Onyekachi Umah

Onyekachi Umah

Onyekachi Umah is a private Legal Practitioner with amazing experience in business law, intellectual property, transaction and regulation advisory, corporate, commercial, investment law and energy law as well as litigation and arbitration arising from them. He is a Legal Awareness Expert and also a Certified Arbitrator both in Nigeria and the United Kingdom. He is a member of the Chartered Institute of Arbitrators (UK) and a Certified Conflict Management Practitioner and Negotiator. He is a member of prestigious “Young ICSID” of International Centre for Settlement of Investment Disputes (ICSID), Washington DC. Among other, he has a certificate in Law of Contract from a program of Harvard University, a certificate in International Environmental Negotiation from United Nations Institute for Training and Research, Geneva and recently, a certificate in Conflict Management from United States Institute of Peace, Washington, D.C. He also holds a master of laws degree from University of Jos and he is a doctoral student at the faculty of law, Nassarawa State University. 

Onyekachi is the managing partner of a leading law firm; Bezaleel Chambers International. He is the founder and President of a free law awareness platform known as www.LearnNigerianLaws.com that promotes awareness and understanding of rights and laws of Nigeria (#SabiLaw) and offers free daily law tips (#DailyLawTips). Understanding the challenges of Administration of Criminal Justice in Nigeria, he dedicates his daily law tips every Mondays to promoting Criminal Justice (#CriminalJusticeMonday). Recently, he started a new series on Election Laws tagged (#SabiElectionLaws) to increase legal awareness on elections laws, policies and regulations in Nigeria. He is the convener of the Sabi Law Lecture Series (#SabiLawLectureSeries), travelling around Nigeria delivering free law awareness lectures. He also organises and sponsors a quarterly competition, titled "Sabi Law Video Challenge" (#SabiLawVideoChallenge) where Nigerians win money (over $130.00 per winner) for making videos of themselves talking on any law or right as a way to promote law awareness and have fun. To further promote legal awareness among Nigerians across the world, he started a law awareness show titled "Sabi Law With Onyekachi Umah, Esq" (#SabiLawWithOnyekachiUmahEsq) showing on social media platforms via @LearnNigerianLaws.   

Mr. Umah has written over Three Hundred (300) free to access articles and materials on law with a desire to enlighten the public. He is also on the board of companies and non government organisations. Among others, he is serving as a member of the Advisory Committee for Law Clinics Partnership for Reforming Pre-trial Detention in Kuje Prison Project funded by the United States Department Bureau for International Narcotics and Law Enforcement. He is member of the Rotary Club of Abuja, Metro (RCAM), District 9125. He has been featured as the Legal Personality of the Week by This Day Newspaper (a leading national newspaper) on its September 11, 2018 edition and was featured on the NigeriaLawyer.com as the Legal Personality of the Week on November 14, 2018. He has won several honours and awards for his innovative legal practise across the world.

CONTACT:

                Email: onyekachi.umah@gmail.com

Phone: +2348037665878

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*PENALTIES FOR WRONGFUL DISCONNECTION OF ELECTRICITY IN ANY PART OF NIGERIA .*
DAILY LAW TIPS (Tip 335) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*NOW, THERE IS A CENTRAL CRIMINAL RECORDS REGISTRY IN NIGERIA.*
DAILY LAW TIPS (Tip 334) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*IT IS AN OFFENCE TO CHASE OUT WIFE/HUSBAND FROM A HOME OR EVEN ATTEMPT TO DO SO.*
DAILY LAW TIPS (Tip 333) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

It is a criminal offence for a husband/wife to chase or force out a wife or husband out of her/his home.
The offence is punishable with imprisonment for not more than 2 years or fine of not more than #300,000.00 or both.

Also note that, it is an offence to merely attempt to chase or force out a wife or husband out of her/his home. It is punishable with imprisonment for not more than 1 year or fine of not more than #200, 000.00 or both.

Kindly note that the law creating the above offences is operational in Federal Capital Territory, Abuja. Similar laws are now operational in Anambra State, Ebonyi State and Oyo State. Soon, more States will enact similar laws.

My authorities are sections 9(1), 9(2), 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and similar laws across states in Nigeria.

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The Nigerian Electricity Regulatory Commission’s (NERC) ORDER ON UNAUTHORISED ACCESS, METER TAMPERING AND BY-PASS, 2017 (ORDER NO.:NERC/REG/41/2017, was made to reduce unauthorised access to electricity supply by tampering and meter bypass. It provides conditions for reconnecting a customer that was earlier disconnected for unuthorised connection to electricity. The Order has 6 paragraphs and tables of punitive charges.

NERC’S ORDER ON UNAUTHORISED ACESS, METER TAMPERING AND BY-PASS, 2017 is now available for free download. It is your right to understand laws.

Feel free to reach us, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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Download For FREE!
Full text of the NERC’S ORDER ON UNAUTHORISED ACCESS, METER TAMPERING AND BY-PASS, 2017 can be downloaded via the link below after the comment box

The Nigerian Electricity Regulatory Commission’s (NERC) CONNECTION AND DISCONNECTION PROCEDURES FOR ELECTRICITY SERVICES, 2007, governs connection and disconnection of customers to electricity across Nigeria. It lists conditions for disconnection of an electricity customers and prohibits wrongful disconnection. The Regulation is short and precise with 14 sections. 

*WHEN PROPERTIES CAN BE DEMOLISHED WITHOUT COMPENSATION IN ANY PART OF NIGERIA. *
DAILY LAW TIPS (Tip 332) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

APPROVED WINDOW SIZE FOR ALL HOUSES IN NIGERIA AND PUNISHMENT FOR OFFENDERS.
DAILY LAW TIPS (Tip 331) by Onyekachi Umah, Esq., LLM. ACIArb(UK).

*ADMINISTRATIVE STAFF COLLEGE CAN TRAIN PRIVATE SECTOR EXECUTIVES.*
DAILY LAW TIPS (Tip 330) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

NEW WAY OF RECORDING CONFESSIONAL STATEMENTS OF A CRIMINAL SUSPECT IN NIGERIA.
DAILY LAW TIPS (Tip 329) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*WHAT THE LAW SAYS ABOUT “APPOINTMENT OF CHAIRMAN OF NSITF MANAGEMENT BOARD”.*
DAILY LAW TIPS (Tip 328) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

VALID ENGLISH MARRIAGE CANNOT START FROM CHURCH/MOSQUE.
DAILY LAW TIPS (Tip 327) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

PUNISHMENT FOR FAILURE TO PAY PENALTY FOR NON-PAYMENT OF PERSONAL INCOME TAX.
DAILY LAW TIPS (Tip 326) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Personal Income Tax is tax charged on incomes of individuals resident in Nigeria, communities and even families and also incomes of trustees or estates of a deceased person.
The penalty for non-payment of Personal Income Tax after an assessment is 10% per annum of the tax charged.
Where a person fails to pay penalty for nonpayment of Income tax within 30 days it is own it’s own an offence. It is an offence punishable with fine of #200.00 and 6 months imprisonment.

My authorities are sections 1, 76, 94 and 109 of the Personal Income Tax Act, 1993.

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PUNISHMENT FOR FAILURE TO PAY PENALTY FOR NON-PAYMENT OF PERSONAL INCOME TAX.
DAILY LAW TIPS (Tip 326) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Personal Income Tax is tax charged on incomes of individuals resident in Nigeria, communities and even families and also incomes of trustees or estates of a deceased person.
The penalty for non-payment of Personal Income Tax after an assessment is 10% per annum of the tax charged.
Where a person fails to pay penalty for nonpayment of Income tax within 30 days it is own it’s own an offence. It is an offence punishable with fine of #200.00 and 6 months imprisonment.

My authorities are sections 1, 76, 94 and 109 of the Personal Income Tax Act, 1993.

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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PUNISHMENT FOR FAILURE TO PAY PENALTY FOR NON-PAYMENT OF PERSONAL INCOME TAX.
DAILY LAW TIPS (Tip 326) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Personal Income Tax is tax charged on incomes of individuals resident in Nigeria, communities and even families and also incomes of trustees or estates of a deceased person.
The penalty for non-payment of Personal Income Tax after an assessment is 10% per annum of the tax charged.
Where a person fails to pay penalty for nonpayment of Income tax within 30 days it is own it’s own an offence. It is an offence punishable with fine of #200.00 and 6 months imprisonment.

My authorities are sections 1, 76, 94 and 109 of the Personal Income Tax Act, 1993.

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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*YOU DONT NEED LICENSE FOR TASERS, STUN GUNS AND PEPPER SPRAYS IN NIGERIA.*
DAILY LAW TIPS (Tip 325) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Unlike France, UK, South Korea, Hong Kong, Kenya and Germany, in Nigeria, Taser Guns, Pepper Sprays and Stun Guns are not “FIREARMS” rather they are “OFFENSIVE WEAPONS” and require no licenses. You don’t need police clearance, license or permit to import, export, distribute, sell, purchase, own, possess, carry, display or use any offensive weapons, including any electroshock weapon, Taser Guns, Pepper Sprays and Stun Guns in any part of Nigeria. There is no federal or state law prohibiting the use of such, rather the law criminalises the use of offensive weapons for criminal activities or possession of such with a criminal mind.

It is a crime punishable with 3 years imprisonment to be found with any offensive weapon including, electroshock weapon, Taser Guns, Pepper Sprays and Stun Guns with an INTENTION to commit felony/offence. This includes being found with any offensive weapon with intention to break into a house or at night without any lawful excuse or with face masked/blackened.

"Offensive Weapon” is any article that is not a firearm, made or adapted to be used to cause injury on any person and this includes, air gun, bow and arrow, spear, cutlass, matchet, dagger, or any piece of wood, glass, metal or stone capable of being used to injure any person.

“Firearm” includes any gun, canon, revolver, flint-lock gun, pistol, explosive or ammunition or other firearm, whether complete or in parts/pieces.

My authorities are;
1. Sections 1, 403B, 408, 223, 224 and 225 of the Criminal Code Act, 1916,
2. Sections 1 and 2 of the Firearms Act 1959,
3. Section 11 and 12 of the Robbery and Firearms (Special Provisions) Act 1984,
4. Section 8(3) and 13 of the Public Order Act, 1979.

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*PERIOD WITHIN WHICH POLICE MUST COMPLETE RECORDING OF ARREST.*
DAILY LAW TIPS (Tip 324) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Upon arresting any person in Nigeria, by Police or any other agency arresting, personal information of the arrested person must be recorded. Collection and recording of such information must be completed within reasonable time but not more than 48 hours from the time of arrest.

My authorities are sections 15(2), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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*PROSTITUTION IS NOT A CRIME IN ALL PARTS OF NIGERIA AND POLICE CANNOT ARREST PROSTITUTES.*
DAILY LAW TIPS (Tip 324) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

A crime or an offence is never created by morals but by law. So, an act can be a SIN but not a crime and you cannot arrest any person for committing SIN in any part of Nigeria.
There is no Federal/National law against PROSTITUTION in Nigeria. Although, owing to Sharia Law in Northern states in Nigeria, prostitution is prohibited. In all the Western, Eastern and Southern states in Nigeria, prostitution is not a crime. Hence, police or security agencies CANNOT arrest prostitutes in such states.
Note that owning/running a brothel, being a pimp, trafficking persons for prostitution, use of children as sex slaves and other similar acts are criminal in all parts of Nigeria.

My authorities are sections 223, 224 and 225 of the Criminal Code, section 15, 16, 17 and 18 of the Trafficking In Person (Prohibition), Enforcement and Administration Act, 2015 and sections 30 of the Child’s Right Act, 2003.

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*PROHIBITED AGE FOR HOUSE-HELPS/MAIDS/SALES PERSONS IN ANY PART OF NIGERIA.*
DAILY LAW TIPS (Tip 323) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

First of all, it is a crime to employ, keep, transport, hire, receive, adopt or even help out a child that is less than 12 years to work as a Domestic Worker in any part of Nigeria. Even where it is for the child to be supported in school or fed and provided with basic need, it is still a crime.
The crime is punishable with imprisonment for not less than 6 months and not more than 7 years.

My authorities are sections 23(1)(a) and 83 of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015.

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*PENALTY FOR NON-PAYMENT OF PERSONAL INCOME TAX.*
DAILY LAW TIPS (Tip 322) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Personal Income Tax is tax charged on incomes of individuals resident in Nigeria, communities and even families and also incomes of trustees or estates of a deceased person.
Failure to pay Personal Income Tax after an assessment is made, is an offence. It is punishable with a penalty of 10% per annum of the tax charged.
Also, failure to pay the penalty for non-payment of income tax within 30 days is also an offence and is punishable with fine of #200.00 and 6 months imprisonment.

My authorities are sections 1, 76, 94 and 109 of the Personal Income Tax Act, 1993.

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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PRESIDENT OF NIGERIA CANNOT LEAD NIGERIA FROM OUTSIDE NIGERIA WHILE ON VACATION OR ANY PERSONAL TRIP.
DAILY LAW TIPS (Tip 321) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

The office of the President of Nigeria and the conducts of its occupant are strictly guided by the constitution of Nigeria among other laws. It is illegal for a President of Nigeria to lead and play presidential roles while on vacation or non-official duties outside Nigeria. It is so because once a President is about to leave Nigeria for vacation, rest, personal, private, family reasons or non-official engagements, such President MUST send a WRITTEN declaration to the Senate President and the Speaker of the House of Representatives communicating same. At that point, the Vice-President MUST take over and perform the functions of the President as an Acting President.
This is what the law expects of a law abiding President, but where a President fails to do so within 21 days, then the National Assembly MUST by a simple majority mandate the Vice President to perform presidential duties as Acting President.

My authorities are sections 145 and 319 of the Constitution of the Federal Republic of Nigeria 1999.

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*LIST OF INFORMATION THAT MUST BE COLLECTED FROM AN ARRESTED PERSON IN NIGERIA. * DAILY LAW TIPS (Tip 320) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Police or any other agency arresting any person in Nigeria, must collect and record some sensitive information about such persons. Below is the list of information that must be recorded;

1. The alleged offence, the arrested person is accused of committing.

2. Date and circumstances of the arrest of such person.

3. Full name, occupation and residential address of the arrested person.

4. For identification purposes, height, photograph, full fingerprint impressions and any other one of an arrested person.

My authorities are sections 15(1), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

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AN UNDERAGED PERSON WITH WHOM ADULTERY IS COMMITTED CANNOT BE SUED IN A CASE OF DIVORCE. DAILY LAW TIPS (Tip 319) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Adultery is a good ground/reason for divorce. Adultery takes at least 2 persons, one or both of whom are married to other persons.
A person who commits adultery with a married man/woman is sued and made a party in a case of divorce.
Where the person with whom adultery was committed is an infant under the age of 14 years at the time a case for divorce was instituted, such an infant cannot be sued and made a party to such divorce case. Although, such an infant may intervene in such case of divorce and then be deemed to have been made a party.

My authorities are ORDER 1 Rule 1 and Order IX, Rule 6 of the Matrimonial Causes Rules, 1983.

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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ACCEPTABLE AGE FOR MAKING OF WILLS IN NIGERIA. DAILY LAW TIPS (Tip 318) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

“WILL” can be made by any adult and it is made to guide, manage, share and protect his/her property after his/her death according to his/her wishes.
Only adults can make “WILLS” in Nigeria, so any WILL made by a none adult is not valid. Although, persons not up to stipulated age for making WILLs, who are Seamen or Mariners while at sea but not members of the Nigerian Navy are allowed to make valid “WILLS” as well as crew members of commercial airlines while on air.
The stipulated age for making “WILLS” in Nigeria is 21 years under the Wills Act but 18 years under equivalent state laws across states in Nigeria.

My authorities are section 7 of Wills Act, section 3 of the Wills Law, Lagos State, section 6 of the Wills Law Kaduna State, section 5 of Wills Law Abia State, section 5 of Wills Edict of Oyo State and Page 234 of Property Law Practice in Nigeria by Y.Y.D Dadem.

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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POLICE HAS POWERS TO PLAY MILITARY ROLES IN AND OUTSIDE NIGERIA. DAILY LAW TIPS (Tip 317) By Onyekachi Umah, Esq., LLM. ACIArb(UK).
 
Nigerian Police Force was created by law and among the powers given to it, is to conduct military duties specified within law. Such military duties can be performed inside Nigeria and outside Nigeria. 
When performing military duties outside Nigeria with any of the armed forces of Nigeria, the police must be under the military officer in charge of the armed forces. When performing military duties within Nigeria, the police remains under the command of a superior police officer(ie, an officer above the rank of cadet Assistant Superintendent of Police).
 
My authorities are sections 1, 4 and 12 of the Police Act, 1943.
 
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WHAT IS THE PERIOD WITHIN WHICH YOU MUST BE CONNECTED TO ELECTRICITY IN ANY PART OF NIGERIA. DAILY LAW TIPS (Tip 316) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

It is the responsibility of electricity Distribution Companies (DisCo) to connect any person in any part of Nigeria to electricity.
Where an existing customer has paid and provided needed information for supply of electricity, the DisCo in charge of the area must supply electricity to such customer within 48 hours.

Where an already existing customers desires to be connected to electricity, such customer is expected to write an application to the DisCo in charge of his area and also forward copy of his means of identification. Such customer must also accept the terms and conditions of the DisCo as well as pay all connection charges or security deposit requested by the DisCo and approved from Nigerian Electricity Regulation Commission (NERC). Where you are not sure of charges demanded by an DisCO, please write to NERC for confirmation, it is your right.

My authorities are Regulations 1, 2 and 14 of the Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedures for Electricity Services, 2007.

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*POWERS OF PRESIDENT OF NIGERIA TO CONTROL AND ACCESS ANY INTERNET, SOCIAL MEDIA AND TECHNOLOGY IN NIGERIA.* DAILY LAW TIPS (Tip 315) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Gone are the days of free, safe and unguarded internet and communication in Nigeria. The President of the Federal Republic of Nigeria, has powers to declare any computer, website, system or data as vital and critical National Information Infrastructure to Nigeria. And as such, he regulates and makes guidelines and rules for their use, protection, access and control in any part of Nigeria. The President can make such declaration by an Executive Order published in the Federal Gazette upon recommendation of the National Security Adviser. And such Presidential Order empowers the National Security Adviser To audit and inspect at any time any device or system declared as critical national information infrastructure.

My authorities are sections 3, 58 and 59 of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015.

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*REMOVAL/DESTRUCTION OF ELECTRICITY METER IS A CRIME IN NIGERIA.* DAILY LAW TIPS (Tip 314) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Since 1983, unlawful removal, disconnection, damage, tampering or interference with any electrical fittings, meter or appliances used for generation, transmission, distribution or sell of electricity in any part of Nigeria, has been a criminal offence.
The above offence is punishable with imprisonment for not more than 21 years.

My authorities are sections 1(10) and 5 of the Miscellaneous Offences Act, 1983.

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*HOW PERSONS BORN BY NON-NIGERIANS CAN BE NIGERIAN CITIZENS BY BIRTH. *DAILY LAW TIPS (Tip 313) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Firstly, any person born in any where in the world by any Nigerian parent is automatically a Nigerian.
Any person born in any part of Nigeria, by parents who are not Nigerians, is automatically a Nigerian by birth if any of the grand parents of such a person is/was a Nigerian, whether such grand parent is dead or alive.

My authorities are sections 25, 31 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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*HOW TO MAKE POWER OF ATTORNEY TO BE GENUINE AND ACCEPTABLE.* DAILY LAW TIPS (Tip 312) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Power of attorney can be written for any purpose. It is an authority/consent given by any person to anyone to do or not to do anything on behalf of the giver of such consent.
Courts MUST presume any document claiming to be power of attorney to be a genuine power of attorney if such power of attorney was signed and authenticated by a Notary Public or any Judge or Magistrate, consul or Nigeria representative or Presidential representative. Once a power of attorney is signed and authenticated by any of the persons mentioned above, such document will be accepted by any court as a good evidence of power of attorney.

My authorities are sections 150 and 259 of the Evidence Act, 2011.

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*SURPRISINGLY, POLICE OFFICER MUST WITNESS ALL COMMUNICATION BETWEEN LAWYER AND ARRESTED SUSPECT. * DAILY LAW TIPS (Tip 311) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Although, lawyers are authorised to have private and privileged communication with clients, where a lawyer is to communicate with an arrested suspect, such communication or legal advice must be done in the presence of a police officer or any officer of the security agency having custody of the arrested suspect.

My authorities are sections 14(3), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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*SURPRISINGLY, POLICE OFFICER MUST WITNESS ALL COMMUNICATION BETWEEN LAWYER AND ARRESTED SUSPECT. * DAILY LAW TIPS (Tip 311) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Although, lawyers are authorised to have private and privileged communication with clients, where a lawyer is to communicate with an arrested suspect, such communication or legal advice must be done in the presence of a police officer or any officer of the security agency having custody of the arrested suspect.

My authorities are sections 14(3), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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*HOW TO AVOID CERTIFICATE OF COMPLIANCE FOR ELECTRONIC EVIDENCE.* DAILY LAW TIPS (Tip 310) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

With the enactment of the Evidence Act, 2011, it is now easy to tender and use documents produced by computer in courts across Nigeria. The condition for such use is enshrined in section 84 of the Evidence Act and is a certificate of compliance showing that such document was authentically generated from a reliable computer in the ordinary cause of activities. The Supreme Court in DICKSON V. SYLVA (2017) 8 NWLR (PT 1567) 167, has held that such certificate can be written or oral, if written, it is still subject to the powers of court to demand for an oral evidence. Also, the Supreme Court held in our, per Onnoghen, JSC as he then was, that where there is no certificate of compliance, a document produced by computer will not be admissible.

Generally, Computer is defined in section 258 of the Evidence Act to include any device for storing and processing information. Hence, Computer and device are used interchangeably, here. Note that, both primary and secondary documents, that are documents produced by computer must also fulfill the conditions of section 84 of the Evidence Act aside any other condition ordinarily expected for such.

Below are questions and reasons for such questions, needed to lay proper foundation for oral certification of document produced by computer in any court in Nigeria.

1.
Question:
Please tell this honourable court what document is referred to as “xxxxxxxxxxxx” [insert title of document] in your witness statement on oath?

Reason:
Pursuant to section 84(4)(a) of Evidence Act, a document produced by computer should be identified. Such document should be mentioned giving its title and unique name. Like, bank statement of Mr. Musa Ibeh between 2nd April to 23 May, 2019.

2.
Question:
How was the document produced?

Reason:
Pursuant to section 84(4)(a) of Evidence Act, there should be a description of the manner a document produced by a computer was produced. This may include explaining and mentioning; typing, scanning, saving, emailing, downloading and sending procedures/steps/stages. See, ROWAYE JUBRIL v. FEDERAL REPUBLIC OF NIGERIA (2018) LPELR-43993(CA)


3. Question:
What device was used in producing the document?

Reason:
Pursuant to section 84(4)(b) of Evidence Act, there should is need for provision of particulars/details of the computer like Name, Type, Model, Year and unique title (if any). Note that by section 84(3) of the Evidence Act, where sets, groups or combination of computers were used whether concurrently or simultaneously, they all will be regarded as constituting a single computer. Hence, in such situation one need not mention all the computers employed in producing a document.

4. Question:
How regular was the device used during the period the document was produced?

Reason:
Pursuant to sections 84(2)(a) and 84(4)(c) of Evidence Act, there is need to establish that the computer was regularly used to store/process information by any person/persons for regular activities whether the activities are private or for profit making.

5. Question:
What was the device mainly and regularly used for?

Reason:
Pursuant to sections 84(2)(b) and 84(4)(c) of Evidence Act, there is need to establish that the computer was regularly supplied information like the type on the document produced by computer sought to be tendered.

6. Question:
What was the condition of the device before the production of the document?

Reason:
Pursuant to sections 84(2)(c) and 84(4)(c) of Evidence Act, the device was operating properly during the concerned period and that even if it was out of operation or part of it was not operating properly, that such never affected the document produced by computer or its content.

7. Question:
Where was the information on document produced by computer gotten from?

Reason:
Pursuant to sections 84(2)(d) and 84(4)(c) of Evidence Act, there is need to establish that the information in the document produced by computer sought to be tendered was derived from the information supplied to the device in the ordinary and regular course of activities.

8. Question:
What is your relationship with the device?

Reason:
Pursuant to section 84(4)(c) of Evidence Act, there is need to establish that the person providing a certification for document produced by computer and the computer used for such production, is a person of responsible position with regards to the operation of the device or the management the relevant activities. Such a person must not be a computer expert; he may even be a manager of a department/company that owns the concerned device and as such familiar with the computer.


My authorities are sections 84 and 259 of the Evidence Act, 2011. Also the Supreme Court Judgments in the cases of DICKSON V. SYLVA (2017) 8 NWLR (PT 1567) 167 and KUBOR V. DICKSON (2012) LPELR-9817(SC).

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*WHAT IS THE ALLOWED PRESUMABLE ORDER OF DEATH OF PERSONS IN NIGERIA*. DAILY LAW TIPS (Tip 309) By Onyekachi Umah, Esq., LLM. ACIArb(UK).


No one knows when he/she will die but we all must die some day! Well, for the sake of sharing property and determining ownership of property, where two (2) or more persons died in circumstances that have made it impossible to determine who died before the other, they would be presumed to have died according to their order of seniority, with the eldest dying first. The first to come to life is presumed to be first to die.

My authorities are sections 164 (2) and 259 of the Evidence Act, 2011.

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*CAN THE EVIDENCE ACT APPLY TO ARBITRATION OR CUSTOMARY COURT OF APPEAL. * DAILY LAW TIPS (Tip 308) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

The Evidence Act regulates the use of evidence in all proceedings in courts in Nigeria. Note that the evidence Act cannot apply to proceedings under arbitration or court martial or any Customary Court of Appeal, Sharia Court of Appeal, Area Court, or Customary Court in any part of Nigeria. Although, the evidence Act can apply to a Customary Court of Appeal, Sharia Court of Appeal, Area Court, or Customary Court in any part of Nigeria, where the Constitution of Nigeria or any order published on gazette. Note also that the Evidence Act apples to Area Court over criminal cases.

My authorities are sections 256 and 259 of the Evidence Act, 2011.

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*IS HUMAN TRAFFICKING WITH CONSENT OF VICTIM AN OFFENCE IN NIGERIA*. DAILY LAW TIPS (Tip 307) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Human trafficking is an offence in Nigeria. Even where the consent of a victim of human trafficking was obtained, it is still an offence so far as there was an intention and actual performance of crime.

My authorities are sections 13(5) and 83 of the Trafficking in Person (Prohibition) Enforcement and Administration Act, 2015.

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*MUST ARRESTED SUSPECT BE ALLOWED TO MEET LAWYER IN ALL CASES.* DAILY LAW TIPS (Tip 306) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

No matter the type/kind of case, an arrested suspect is believed to have committed or the status of the person that reported an arrested person or the security agency that arrested a suspect, an arrested suspect MUST be allowed to seek and receive legal advice from any lawyer of his choice. No security agency can choose or reject lawyers for an arrested person! Hence, an arrested person MUST be given reasonable facilities to get legal services, obtain bail and defend himself for any crime in Nigeria.

My authorities are sections 14(2), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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CIRCUMSTANCES A LAWYER CAN GIVE AWAY CLIENT’S INFORMATION WITHOUT CONSENT. DAILY LAW TIPS (Tip 304) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Ordinarily, a lawyer cannot give away information obtained from a client because such was obtained under professional privilege and the lawyer owes duty to the client not to reveal such communication.
There are circumstances that a lawyer may reveal such communication without breaching his duty to client and there are;
1. Where such communication is for an illegal purpose or crime committed
2. Where such communication is permitted by Rules of Professional Conduct or law or court order
3. Where such communication is necessary for a lawyer to establish/collect his fees or
4. Where such communication is necessary for a lawyer to defend himself, employees or associates against accusation of wrongful conduct.

My authorities are sections 192(1) and 259 of the Evidence Act, 2011 as well as Rules 19(3) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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**CAN THE AGE OF A PERSON AT THE TIME OF DEATH BE PRESUMED. **DAILY LAW TIPS (Tip 305) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Not minding the records and reports on the life expectancy of Nigerians and the nation’s mortality projections, the age of a person at the point of his death can never be presumed even though it can be shown that such a person was alive at a particular time.

My authorities are sections 164 (3) and 259 of the Evidence Act, 2011.

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CAN PARENTS BE PUNISHED FOR NOT SENDING CHILDREN TO SCHOOL. DAILY LAW TIPS (Tip 303) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Every Nigerian child must attend and complete primary school and junior secondary school education. They are free universal basic education and parents/guardian must ensure children participate.
It is a crime for any parent/guardian not to ensure that his child attends and completes such education. It is punishable with community service for first time offender, while a second time offender is punishable with fine of N2,000.00 and or imprisonment for not more than 1 month but for third time or more offender, it is punishable with fine of not more than N5,000.00 and or imprisonment for not more than 2 months.

My authorities are sections 15, 277 and 278 of the Child’s Rights Act, 2003 and other similar laws across States in Nigeria.

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*CAN BANKS CHALLENGE COURT CASES/ORDERS ON BEHALF OF CUSTOMERS. * DAILY LAW TIPS (Tip 302) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

The answer is No. Particularly in cases of garnishee proceeding, where a bank is a garnishee, the only duty the bank owes is to show why monies kept or owed by it to a judgement debtor should not be ordered to be paid to a judgement creditor. Hence, bank has no power to argue and defend its customer (judgement debtor) or to protect monies of such customer or to contest the validity of a court order.
Note that, “Garnishee Proceedings” is a procedure where a judgement creditor (a winner in a case/successful litigant) sues a person/company holding the money/goods of a judgement debtor (a loser in a case/unsuccessful litigant) to pay/transfer such money/goods directly to the judgement creditor as away to enable a judgement creditor enforce his judgement.

My authorities are the Supreme Court decisions in the cases of GUARANTY TRUST BANK PLC V. INNOSON NIGERIA LTD (2017) LPELR-42368(SC) and also UNION BANK OF NIGERIA PLC V. BONEY MARCUS INDUSTRIES LTD (2005) 13 NWLR (PT. 943) 654 at page 666.

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HOW LONG CAN ARRESTED PERSON BE HELD BEFORE TAKEN TO POLICE STATION. DAILY LAW TIPS (Tip 301) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

First of all, any person in Nigeria can arrest a person he suspects to have committed an offence. Where and when any person is arrested for any offence, such arrested person must be IMMEDIATELY taken to a police station.
Hence, no person, party, company, church, royal home, estate, school, or family can arrest and detain any person/suspect without immediately handing over such arrested person to the nearest police station. This is also applicable to government offices and agencies that have no statutory powers to arrest, detain and prosecute criminal suspects.

My authorities are sections 14, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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*HOW TO PROVE THAT A BANK IS LICENSED IN NIGERIA.* DAILY LAW TIPS (Tip 300) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

No bank can operate in Nigeria without a banking license from the Central Bank of Nigeria. The easiest way to prove that a bank has been licensed by Central Bank of Nigeria under the Banks and Other Financial Institutions Act by the production of a certificate by an officer of the bank that it has been duly licensed.

My authorities are sections 92 and 259 of the Evidence Act, 2011.

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*FOUR (4) CONDITIONS FOR AN ELECTION TO BE CHALLENGED IN TRIBUNAL/COURT. * DAILY LAW TIPS (Tip 299) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Any election in any part of Nigeria can be challenged in the appropriate tribunal/court.
The 4 Grounds/Conditions To Challenge An Election in Nigeria, are;

1. Elected candidate was not qualified to contest in election.
2. Election was invalid due to corrupt practises or non-compliance with the Electoral Act.
3. Elected candidate was not elected by majority of valid votes casted at an election.
4. A validly nominated candidate was unlawfully excluded from the election.

My authorities are sections 138 and 158 of the Electoral Act, 2010. Also, the decision of the Supreme Court in BUHARI V. OBASANJO (2003) 17 NWLR (Pt.850) 510 and the decision of Court of Appeal in the case of OKAFOR OKOREAFFIA & ANOR. v. HON. AGWU U. AGWU & ANOR. (2010) LPELR-4708(CA)

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*HOW TO PROVE ELECTRONIC SIGNATURES IN NIGERIA. * DAILY LAW TIPS (Tip 298) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

First of all, electronic signatures are allowed and acceptable in any part of Nigeria including courts. Electronic signatures can be proved by any manner. One of the ways to prove such is by showing there is a security procedure or system or symbol that exists which allows any person relying on any electronic signature to verify such signature before proceeding to rely on it and transact. The security procedure or system or symbol must be one that can prove that an electronic signature or record belongs to a person it claims to belong to.

My authorities are sections 93(3) and 259 of the Evidence Act, 2011.

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*DO YOU KNOW THAT EXAMINATION MALPRACTICE HAS BEEN A CRIME IN NIGERIA SINCE 1983. * DAILY LAW TIPS (Tip 297) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Not minding the incessant cases of cheating and examination malpractices in schools across Nigeria, examination malpractice has been a federal crime in Nigeria since 1983. The law extends cheating at examination to include even acts done before an examination in anticipation of an examination or at an examination. It also extends to children and adults, as well as teachers and any other person that aids in cheating at an examination.
The above offence is punishable with imprisonment for not more than 10 years.

My authorities are sections 1(16) and 5 of the Miscellaneous Offences Act, 1983.

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*WHY ELECTORAL/RETURNING OFFICERS CANNOT BE SUED IN NIGERIA.* DAILY LAW TIPS (Tip 296) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

No matter the level of complain and the involvement of electoral officers (including Presiding Officers, Returning Officers) in an election, they cannot be sued in an election petition, it is never necessary. Rather their employer, Independent National Electoral Commission (INEC) is to be sued as a Respondent and is always deemed to be representing and defending itself and its officers.

My authorities are sections 137(3) and 158 of the Electoral Act, 2010.

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*WHAT IS THE COMPULSORY PERIOD FOR YOU TO BE RECONNECTED TO ELECTRICITY OR BE PAID FOR DELAYED RECONNECTION BY DISCO. * DAILY LAW TIPS (Tip 295) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Where a customer is disconnected from electricity in any part of Nigeria for whatever reason, and such customer has met reconnection conditions including payment of reconnection costs and administrative costs, such customer must be reconnected to electricity within 48 hours by the concerned electricity Distribution Company (DisCo). Where a DisCo fails to reconnect a customer within 48 hours, then the DisCo must pay compensation to such customer as Delayed Reconnection Costs.

The approved Delayed Reconnection Costs(Compensation) payable by DisCos, are:

1. For Residential customer, DisCo must pay N1000.00 for each day
2. For a Commercial customer, DisCo must pay N1,500 for each day.
3. For an Industrial customer or Special customer, DisCo must pay N2,000 for each day.

Also note that DisCo is to pay a customer where a DisCo disconnects a customer without justification.

My authorities are Regulations 2 and 14 of the Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedures for Electricity Services, 2007 as well as Paragraphs 1, 2 and 3 of the Nigerian Electricity Regulatory Commission’s Order on Unauthorised Access, Meter Tampering and By-Pass (ORDER NO: NERC/REG/41/2017.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

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HIGHLIGHTS ON NEEDED SKILLS AND ATTITUDE FOR A PROSPECTIVE LAWYER IN AN EVER CHANGING LEGAL PROFESSION

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

*LEGAL RIGHTS OF A HEART BROKEN LOVER WITH A PROMISE TO MARRY. * DAILY LAW TIPS (Tip 294) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Like any other agreement, a promise to marry someone is a serious agreement that when breached can cause legal action.
Where there is a promise to marry under the statutory law or customary law or Islamic law such promise is a binding agreement between the two parties(man and woman) involved. Hence, refusal to marry where there is a promise to marry is a breach of agreement and the refused lover can go to court and seek for damages. The damages may include money spent on love, wasted years, psychological trauma, emotional trauma and loss of other suitors.
A promise to marry must not be in writing, it may be oral too.

My authorities are Martins V. Adenugba (1946) 18 NLR 63 and the case of Miss Chinye Ezeanah V. Alhaji Mahmoud Atta (2004)7 NWLR (PT. 873) 468 or (2004)LPELR-1198(SC).

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19TH SABI LAW LECTURE SERIES TO HOLD AT UNN ON 23RD MARCH 2019
21 Mar 2019

19TH SABI LAW LECTURE SERIES TO HOLD AT UNN ON 23RD MARCH 2019.

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Office Address

1 Durban Street,

off Ademola Adetokunbo Wuse 2, Abuja.

P: +234 803766 5878

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