DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 241)
“NO COMPANY IN NIGERIA CAN BE SERVED COURT PROCESSES BY SUBSTITUTED MEANS.”

Contrary to common opinion/practise among fellow lawyers, no company in Nigeria can be served by substituted means. Substituted means is employed where personal service of court processes on natural being(human being) fails or may fail. Companies and corporations are not natural/human beings and as such personally service cannot be effected on them. Since personal service cannot be effected on companies, there can never be substituted service on companies. The Companies and Allied Matters Act as well as Rules of different courts, have provided clear means of serving court processes on companies in Nigeria. This includes service on Officers of Companies or delivering/leaving such on registered office or branch offices of companies without needing an order of any court for substituted service. Hence, Lawyers should stop wasting time in court seeking for order of substituted service on companies!

My authorities are section 78 of Companies and Allied Matters Act, Rules of all Courts in Nigeria and the Judgments in the following Supreme Court and Court of Appeal cases;

1. MARK V. EZE (2004) 5 NWLR (PT. 865) 54, (SC)

2. NBC PLC V. UBANI (2014) NWLR, PT. 1398 at 421, (SC)

3. PLASTEX (NIG) LTD V. MAINLAND OIL & GAS (2018) LPELR-43509(CA),

4. OBADINA & ORS V. FASOYINRO (2017) LPELR-42182(CA),

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 219)
“IT IS A CRIMINAL OFFENCE TO PUBLISH A BOOK AND NOT SEND COPIES TO THE NATIONAL LIBRARY WITHIN STIPULATED TIME”

Publisher of any book published in any part of Nigeria, whether in hard copy or soft copy, must within 1 month after publication of such, deliver 3 best original copies to the National Library. The publisher must send the books and bear the cost of same. The books includes pamphlets, sheets of musics, maps, charts, plans, tables, dictionaries, newspapers, magazines, year books and compilation, etc.
Failure to adhere, is an offence punishable with #100.00 and may be an additional order for delivery of 3 copies of concerned books or payment of value of same to Director of National Library.

My authority is section 4 of National Library Act, 1970.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 218)
“CAN A “WILL” BE REWRITTEN AFTER DEATH OF ITS OWNER ?”

An owner (testator) of a Will has the right to share his property in the manner he pleases. He can also change his Will as many times as he pleases before his death. Once the maker is dead, no person can change his Will. His Will must be respected by all.

My authority is Asika V. Atuanya (2013) 14 NWLR PART 1375.

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THE LAWYER IN EQUITY & THE JOURNEY TO THE BAR;

LEVERAGING ON THE RIGHT MIND SET AND SKILL SET FOR A CONSTANTLY EVOLVING PROFESSION

By 

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

This email address is being protected from spambots. You need JavaScript enabled to view it.,08037665878

Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

 

DELIVERED ON MONDAY, 29TH OCTOBER, 2018 (10:00 AM)

AT THE WHATSAPP PLATFORM OF THE LAW STUDENT'S DEVELOPMENT INITIATIVE

(09085314216 or 09097468533). 

18th SABI LAW LECTURE SERIES. 

LECTURE CONTENTS:

           

 0. Profile of Onyekachi Umah     

1.Assumptions
2.Facts
3.Finish Strong and Ready
4.Think, Think, Read and  Think
5.SabiLawMaster’s Interlude
6.Marry Technology
7.Dream Making
8.Business of Law
9.The Way Forward
10.Conclusion
 
Download For FREE!

Full text of this lecture can be downloaded via the link below in PDF format.  

THE LINK IS AFTER THE COMMENT BOX, BELOW. 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 211)
“Landlords Are Entitled To Rent Sum Even Where Notices To Quit Are Served On Tenants”

“Notice To Quit”, “Seven (7) Notice Of Owner’s Intention To Recover Premises” and even “Court Summons” when served on a tenant does not mean that such tenant will not pay for any arrears of rent or rent (mesne profit) anymore for any extra period spent on the property.
Hence, a Tenant MUST pay for all the period he spent on a rented property not minding he was served Notices or even taken to court.

My authorities are sections 12 and 13 of Recovery of Premises Act and other similar laws across the states.

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BUSINESS OPPORTUNITIES FOR PRIVATE LEGAL PRACTITIONERS IN THE NIGERIAN ELECTRIC POWER SECTOR

By 

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

This email address is being protected from spambots. You need JavaScript enabled to view it.,08037665878

Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED

ON 

SATURDAY 30TH JUNE, 2018 BY 4:00PM

AT

THE EXECUTIVE LOUNGE, DUTSE, ABUJA.

6th SABI LAW LECTURE SERIES. 

 

"BUSINESS LICENSES AND LICENSING IN NIGERIA; A PRACTICAL GUIDE FOR BUSINESSES IN NIGERIA" 

By 

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

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Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON 

SATURDAY 11 AUGUST, 2018 BY 10:00AM AT ELYON'S PLACE (CITY CENTER), 

BISSALA ROAD, INDEPENDENCE LAYOUT, ENUGU, ENUGU STATE

11th SABI LAW LECTURE SERIES. 

 

CONTENT 

0. Profile of OnyekachiUmah

1.Introduction
2.Licensing Right (Who Can Issue Licenses)
3.Licensing Authorities, Licenses and Authorizing Laws
4.SabiLawMaster’s Interlude
5.Challenges to Licensing
6.The Way Forward
7.Conclusion
 
Download For FREE!

Full text of this lecture can be downloaded via the link below in PDF format.  

THE LINK IS AFTER THE COMMENT BOX, BELOW. 

 

 

 

"CONTRACTORS AND THE MDAS; REGULATORY COMPLIANCE FOR AWARD OF CONTRACT IN NIGERIA"

By 

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

This email address is being protected from spambots. You need JavaScript enabled to view it.,08037665878

Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON SATURDAY 18 NOVEMBER, 2017 (9:00AM)

AT THE LEGAL AID SEMINAR, LIVING FAITH CHURCH, KUBWA, ABUJA.

14th SABI LAW LECTURE SERIES. 

 

 

 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 207)
“It Is A Crime To Import Opium Into Nigeria”.

It is a crime to import or export prepared Opium from Nigeria. Prepared Opium includes Opium prepared for smoking, dross and any other byproduct after smoking of Opium.

My authorities are sections 5 and 6 of the Dangerous Drugs Act.

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DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 201)
“Memorandum Of Understanding Is Not A Binding Contract”
 
Contract is a binding agreement between parties, creating a commitment to do or not to do a particluar thing. Memorandum of Understanding is a mere expression of intention by parties, a preliminary understanding of parties to later enter into a formal contract but not on its own a contract and as such not binding and not enforceable by parties. 
To ensure you don’t sign a Contract instead of a mere Memorandum of Understanding, always contact your lawyer. 
 
My authority is the decision of Supreme Court in the case of BPS CONSTRUCTION & ENGINEERING COMPANY LIMITED v. FEDERAL CAPITAL DEVELOPMENT AUTHORITY (2017) LPELR-42516(SC).
 
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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 199)
“It Is An Offence To Import Live Fish Into Nigeria Without License”

Live fish (fresh water fish) cannot be imported into Nigeria without license from the Minister of Agriculture. It is an offence to make such importation and punishable with a fine not more than #40.00 for first time offenders, then an amount not exceeding #200.00 and or an imprisonment of not more than 6 months for second time offenders. Also, such fish, any substance or product made from the fish will be forfeited to government.

My authorities are sections 1, 2, 3 and 5 of the Live Fish (Control of Importation) Act, 1965.


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DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 198)
“Duration of Copyrights In Nigeria”.
 
Owners of literary, musical, artistic, cinematograph works, sound recording and broadcast have copyright in Nigeria. No other person can reproduce, publish, perform, record, broadcast, erect, display or distribute to the public for commercial purposes such works without consent of the owner. 
The rights last for 70 years for literary, musical and artistic works apart from photos. And, rights for cinematograph films, photographs, sound recordings and broadcasts last for 50 years. 
 
My authorities are Sections 2, 5, 6 and 24 of Copyright Act.
 
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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 196)
“It Is An Offence To Sell A Vehicle Purchased With Unrepaid Bank Loan”.

Until vehicle loan is paid back to bank and discharge certificate is issued by such bank, it is an offence to sell any motor vehicle purchased with bank loan.
It is an offence punishable with 6 months imprisonment and or fine of #200.00

My authorities are Sections 1 and 5 of Banks (Motor Vehicle Loans) (Miscellaneous Provisions) Act, 1979.
 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 194)
“Tobacco Companies Cannot Advertise At Any Sports Event In Nigeria”

Any person, business, company, firm, group or association in the business of tobacco (whether manufactured or unmanufactured) cannot advertise its products at any sports event promoted or sponsored by it, in any part of Nigeria.
It is even a criminal offence to do so and it is punishable with a fine of not less than #5000.00 and if a corporate body, all the directors, partners and management shall be liable to fine of not more than #5000.00 and or an imprisonment for not more than 3 years.

My authorities are Sections 2, 5 and 6 of the Tobacco Smoking (Control) Act, 1990.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 193)
“Legal Practitioners In Nigeria Can Advertise Anywhere and Anytime”

Legal practitioners in Nigeria are permitted to advertise their practise to the public, anywhere and anytime, so far as it is not false, unfair or disturbing. Legal practitioners can advertise online, blogs, social media, bill boards, flyers, walls, public places, vehicles, banners, on radio and television among other channels. There is nothing in the Rules of Professional Conduct that prohibits legal practitioners from advertising rather from soliciting professional employment.

My authority is Rule 39 of Rules of Professional Conduct For Legal Practitioners, 2007.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 192)
“Who Can Be Declared Winner in Governorship Election In Nigeria”

In a governorship election, the candidate with the highest number of casted votes will be declared the winner by the Returning Officer of Independent Electoral Commission(INEC). Such a candidate must also not have less than one-quarter of the votes cast in at leaset two-third of each of the Local Government Area.

My authorities are section 69 of the Electoral Act, 2010 and section 179 of the Constitution of the Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 191)
“Nigeria Has Citizenship and Leadership Training Centers”

By law, a Citizenship and Leadership Training Center was established to provide training for development of citizenship and leadership for public benefit, expansion of individual awareness and national consciousness. Centers are to established across 5 zones in Nigeria.

My authorities are sections 1 and 2 of Citizenship and Leadership Training Center Act, 1989.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 189)
“”Dangerous Flying” Is An Offence In Nigeria.”

It is an offence to fly an aircraft in such a manner as to cause danger to any person or property on land or water in Nigeria. It is an offence punishable with imprisonment for not less than 2 years or a fine not less than #1 Million Naira or both. The pilot or any other person in charge of the aircraft as well as the owner of the aircraft are liable on summary conviction.

My authority is section 55 of Civil Aviation Act, 2006.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 188)
“A Corpse Cannot Be Anatomically Examined Within 24 Hours of Death”

Where a person dies, his corpse cannot be taken away for anatomical examination until after 24 hours of the death.

My authority is section 5 of Anatomy Act,1933.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 185)
“Stalking Is An Offence In Nigeria”

It is a crime to stalk anyone in Nigeria. Stalking is punishable with imprisonment of not more than 2 years and or fine of #500,000.00.
Stalking is when someone repeatedly contacts you, follows you, sends you things, talks to you when you don't want them to, or threatens you.

My authority is section 17 of Violence Against Persons (Prohibition) Act, 2015.

#CriminalJusticeMonday
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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 184)
“Homosexual/Gay Clubs, Societies, Meetings And Protests Are Prohibited In Nigeria.”

It is an offence to be a gay in Nigeria. It is also an offence to register, own, operate or patronise gay clubs, societies or meetings in Nigeria and it is punishable with 10 years imprisonment without an option for fine.

My authorities are sections 4 and 5 of Same Sex Marriage (Prohibition) Act, 2014.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 180)
“No Person Can Be Arrested In Place Of Another Person In Nigeria”.

No person in Nigeria can be arrested in place of another person. You can only be arrested for an offence you committed or for an offence you are suspected to have committed and not for the offence of another or in place of another. You cannot be arrested in place of another person as a way to trap and force another person to surrender himself. You cannot even arrest a parent for the offence of his child.

My authority is section 7 of the Administration of Criminal Justice Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 179)
“It Is An Offence To Send Information To Smugglers”.

It is a crime for any person to send information from any part of Nigeria to any other person outside Nigeria in connection with unlawful importation or exportation of goods into or out of Nigeria. It is punishable with a fine of Two Hundred Naira or 2 years imprisonment or both as well as the confiscation of any device, equipment or gadget used in sending such information.

My authority is section 77 of the Customs and Excise Management Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 177)
“Harbouring A Terrorist Is An Offence In Nigeria”.

Terrorism is an offence in Nigeria. It is an offence to house, harbour or conceal a terrorist or a person convicted of terrorism or a person for whom there is a warrant of arrest or imprisonment for terrorism. The offence is punishable with imprisonment for not more than 10 years.

My authority is section 5 of the Terrorism (Prevention) Act, 2011.

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“Legal Framework and Institutions For Economic Empowerment In Nigeria.”

By 

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

This email address is being protected from spambots. You need JavaScript enabled to view it.,08037665878

Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON SATURDAY, 25 AUGUST 2018 (8:00-9:00PM)

AT THE AUDITORIUM OF ST. LUKE Catholic Church, KUBWA, ABUJA.

15th SABI LAW LECTURE SERIES. 

 

LECTURE CONTENTS:

           

      0. Profile of Onyekachi Umah

  1. 1.Need For Economic Empowerment In Nigeria
    2.Channels of Economic Empowerment
    3.Regulators and Key Institutions For Economic Empowerment
    4.SabiLawMaster’s Interlude
    5.Laws Regulating Economic Empowerment
    6.Ways to Strategically Position Yourself for economic empowerment
    7. Conclusion
    Download For FREE!

Full text of this lecture can be downloaded via the link below in PDF format.  

THE LINK IS AFTER THE COMMENT BOX, BELOW. 

 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 164)
“Goods That Are Exempted From VAT Payment In Nigeria”

You are not to pay Valued Added Tax (VAT) on any of the goods mentioned below:

1. All medical and pharmaceutical products
2. Basic food items
3. Books and educational materials
4. Baby products
5. Fertilisers, locally produced agricultural and veterinary medicine, farming machinery and farming transportation equipment.
6. All exports
7. Plant and machinery imported for use in the Export Processing Zone
8. Plant, machinery and equipment purchased for utilization of gas in down-stream petroleum operations
9. Tractors, ploughs and agricultural equipment and implements purchased for agricultural purposes.
10. Proceeds from the disposal of Short Term Federal Government of Nigeria Securities and Bonds
11. Proceeds from the disposal of Short-Term State, Local Government and Corporate Bonds (including supra-natural Bond).

My authorities are sections 2 and 3 of the Value Added Tax Act as well as it’s First Schedule.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 163)
“Foreigners Can Fully Own Companies and Businesses In Nigeria Without A Nigerian.”

Foreigners are allowed by law to own companies and businesses in any part of Nigeria. They can fully own such companies without a Nigerian as a director or shareholder. And they can own any asset and property across Nigeria.

My authorities are sections 18 and 54, of Companies and Allied Matters Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 162)
“You Cannot Own Land In Nigeria.”

All lands in Nigeria, including your ancestral homes are vested on the 36 States Governors and the Federal Government of Nigeria. Hence, No person can own any land in Nigeria. At best, a person can be granted a Right of Occupancy and issued a Certificate of Occupancy for a specified period, often 99 years. Such a person is an Occupant and not Owner of the land and as such expected to pay Rent (Ground Rent) to the land owner(state government).

My authority are sections 1, 5, 10, 15,17 and 28 of the Land Use Act, 1978.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 157)
“Who Pays For Properties Damaged or Lost In A Riot In Nigeria”.

Most times, where there is a riot, properties are damaged, stolen and lost. It is not the duty of owners of such properties to suffer and pay for the effect of a riot. Rather Government pays compensation to owners of such properties. The compensation is subject to the consent of the Minister of Finance.

My authority is the Riot (Damages) Act, 1963.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 154)
“You Cannot Enforce A Judgement After 2 Years and 6 Years Against A Party and His Representatives Respectively.”

Where judgement is given by a court, the judgment creditor has 2 years to enforce such judgment against the judgement debtor. Where a judgement creditor intends to enforce judgment against any representative of a judgment debtor, should be done within 6 years. Also note that were time elapses, court can grant leave.

My authorities are Order 4, Rule 8 of the Judgements (Enforcement) Rules and section 94 of the Sheriffs and Civil Process Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 153)
“A Minor Can Be A Shareholder But Not A Director In A Nigerian Company.”

A minor is one who is less than 18 years old. Such a person can be a shareholder in any company so far as they are at least 2 other shareholders who are adults. A minor can never be a director in any company in Nigeria. Directors see to the day to day running of a company and a minor obviously can’t handle such tasks.

My authorities are sections 20, 80 and 257 of the Companies and Allied Matters Act.

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COPYRIGHT, TRADEMARK, INDUSTRIAL DESIGNS & PATENT REGISTRATION;

PROSPECTS FOR LAWYERS IN NIGERIA

By 

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

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Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON SUNDAY, 29 JULY 2018 (7:00-9:00PM)

AT THE LAW, ETHICS AND PRACTISE (LEaP) WHATSAPP GROUP FOR LAWYERS AND LAW STUDENTS

9th SABI LAW LECTURE SERIES. 

 

LECTURE CONTENTS:

           

      0. Profile of Onyekachi Umah

  1. How “Property-enough” is Intellectual Property?
  2. IP Market Stakeholders
  3. Opportunities for Lawyers In IP Market
  4. SabiLawMaster’s Interlude
  5. Ways to Strategically Position Yourself in IP Market
  6. How to Get IP Briefs
  7. Challenges in IP Market and their Solutions 
  8. Conclusion

Download For FREE!

Full text of this lecture can be downloaded via the link below in PDF format.  

THE LINK IS AFTER THE COMMENT BOX, BELOW. 

 

 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 145)
“Power Of Attorney Can Not Transfer Ownership/Title Of A Property”

Power of Attorney is an instrument that merely delegates, extends and offers limited powers to a person to do something. It cannot and does not transfer, vest, confer or alienate the title and ownership of its Donor. It is wrong to use or have only a power of attorney as prove of ownership of title. Though some states allow the registration of power of attorney, it is actually registered as an instrument allowing and authorising execution of another instrument for alienation, sale and transfer of ownership. So, Deed of Sale, Deed Of Assignment, Deed Of Conveyance and Deed Of Transfer are better options.

My authorities are section 2 of Land Instruments Registration Law, Vol. 3, Laws Of Ogun State, 2006 and similar laws in other states of the Federation as well as the cases of Ude V. Nwara (1993)2 NWLR Part 278, 647 and Olorunfemi V. Nigeria Educational Bank Limited (2003) NWLR Part 812,p.1.


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"NIGERIAN BUSINESSES AND THE NEED FOR CORPORATE, COPYRIGHTS, TRADE MARKS, INDUSTRIAL DESIGNS AND PATENTS REGISTRATIONS"

 By 

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

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Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON THURSDAY, 18 JULY 2018

AT THE MEETING OF THE ROTARY CLUB OF ABUJA METRO (MEGA CLUB)

7th SABI LAW LECTURE SERIES.

 

 

LECTURE CONTENTS:

  1. šProfile of OnyekachiUmah
  2. šForms of Business in Nigeria
  3. šCorporate Registration of Businesses in Nigeria
  4. šBenefits of Corporate Registration of Businesses in Nigeria
  5. šRegistration of Copyrights, Trade Marks, Designs and Patents of Businesses
  6. šBenefits of Copyrights, Trade Marks, Designs and Patents Registration.
  7. šAgencies For Corporate, Copyrights, Trade Marks, Designs and Patents Registration.

 

Full text of this lecture can be downloaded via the link below in PDF and PowerPoint formats.  

THE LINKS ARE AFTER THE COMMENT BOX, BELOW. 

 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 144)
“Who Can Inherit Property Of A Dead Person In Nigeria.”

“WILL” is not an invitation to death rather a strict instruction on how one’s property should be shared when he is dead. Where there is no “WILL”, the following persons can inherit the property of their dead ones in this particular order of priority:
1. Wife/Husband of the deceased

2. Where there is no Wife/Husband, then the children of the deceased.

3. Where the children died during the lifetime of deceased leaving grandchildren, then the said grand children of the deceased.

4.Where there is no child, then the Mother/Father of the deceased.

5. Where there is no Mother/Father, then the Brothers and Sisters of the deceased.

6. Where the brothers and sisters of the deceased died during the lifetime of the deceased, then the children of the late brothers and sisters of the deceased.

7. Where there are no children of brothers or sisters, then the step-brothers and step-sisters of the deceased.

8. Where the step-brothers and step-sisters, of the deceased died during the lifetime of the deceased, then the children of the step-brothers and step-sisters of the deceased.

9.Where there are no children of step-brothers and step-sisters, then the Grand-Father and Grand-Mother of the deceased.

10.Where there are no grand-fathers and grand-mothers, then the direct Uncles and Aunts of the deceased.

11. Where there are no Uncles and Aunts, then the creditors of the deceased.

12. Where there are no Creditors, then the Administrator-General of the State.

My authorities are section 49(1) of Administration of Estates Law, Lagos State and similar laws in other states of the Federation and the case of Williams V. Ogundipe (2006) ALL FWLR (part 327)p.540.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 143)
“An Ordinary Person Can Arrest A Criminal Suspect Even Without A Warrant In Nigeria”.

Just like Police Officers, an ordinary person can arrest any person reasonably suspected of having committed a felony(a crime punishable with 3 years imprisonment or more).
In such circumstances, you don’t need a police officer to arrest such a suspect and if in arresting such a person, you threaten or assault such person, you will not be liable. After an arrest, you are to handover such person to a police officer or nears police station.

My authorities are section 12 of Criminal Procedure Act, section 28(d) of Criminal Procedure Code and the Supreme Court Judgment in the case of Nweke V. The State (1965) 1 ALL NLR 114.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 141)
“Value Added Tax (VAT); Who Pays and Who Collects.”

Value Added Tax (VAT) is an indirect tax paid to Federal government of Nigeria on certain specified consumed goods and services. It is payable by the final consumer of such VATable goods or service. It is presently calculated at 5% of final value of VATable goods and services. It is payable to Federal government of Nigeria, only. Businesses, companies, individuals, partnerships and business names located in any part of Nigeria that deal on VATable goods and services are to charge VAT on them, receive VAT from consumers and then remit such to Federal Inland Revenue Services(FIRS) every month.

My authorities are sections 4, 8, 12, 14 and 15 of the Value Added Tax Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 140)
“Right Against Confiscation of Property In Nigeria.”

Every person in Nigeria has a fundamental human right to acquire a property in any part of Nigeria as well as a right not have its property confiscated or compulsorily acquired. No property can be confiscated for any reason whatsoever by any person, body, agency or government. Note that it is only a court of law that can order the forfeiture, confiscation or takeover of any person’s property.

My authorities are sections 43 and 44 of the Constitution of the Federal Republic of Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 139)
“Persons Exempted From National Youth Service Corps in Nigeria”.

Every Nigerian graduate is mandated to enrol for a compulsory one year national service.
Conditions that may exempt a Nigerian graduate from National Youth Service Corps, includes;
1. The person is over thirty (30) years old at the point of graduation.
2. The person served in the Nigerian Army or Police for more than 9 months.
3. The person is a staff of State Security Service and National Intelligence Agency.
4. The person holds a National award.

My authority; section 2 of National Youth Service Corps Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 135)
“It is Illegal To Pay Police or Any Security Agency For Recovery Of Any Stolen Money or Items”.

It is the duty of Police and other security agencies to protect lives and property. They investigate crimes, recover stolen money and items for FREE because government pays them salaries and provides or should provide other needed supports.
Hence, no security agency is permitted to demand for any payment as success fee or mobilisation fee. They are not entitled to any percentage of recovered stolen property. All services rendered in police station are FREE including Bail and Recovery of stolen items. Report any police officer or security agent that demands money to do its work or for doing its work. Stop corruption!

My authority; Police Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 134)
“Legality of Varying Cost of English Marriages Across Nigeria”.

Every religious organisation licensed to conduct marriages is allowed by law to charge its own fees. The growing cost of celebration of marriage is not unknown to law. It is right to pay clergy for weddings! See, section 38 Marriage Act.

My authority; section 38 of Marriage Act.

NOTICE!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 133)
“Houses, Emails, Phones, Computers, Bank Accounts and Other Personal Items Cannot Be Merely Searched and Seized By Nigerian Police”.

In Nigeria, there is “Right to Private and Family Life” as a fundamental human right of all persons in Nigeria(including literates and illiterates, Young and Old, Students and Workers, Nigerians and Foreigners).
Hence, Police, SARS and other security agencies and their agents CANNOT break into and search your house or search through your phones, laptops, emails or bank accounts. Before any of the above activities can be done, the security agency must first obtain and show to you an order of court authorising such activities. Unprofessional policing is a crime.

My authority: section 37 of the Constitution of the Federal Republic of Nigeria 1999.

NOTICE!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 132)
“The Condition For A Landlord To Refund His Tenant For Repairs Made On A Rented Apartment In Nigeria”.

It is not in all cases that a landlord is to refund his tenant for repairs made by the tenant on his rented apartment. The condition for refund is existence of a WRITTEN CONSENT. There must be a written consent by a landlord to a tenant, authorising tenant to repair his rented apartment before such tenant can seek a refund/set-off of money spent on such repairs. Courts in Nigeria will not order refund of money spent on repairs by a tenant unless there is a written authority from landlord consenting to such repairs. Oral agreements are not allowed!

My authorities; section 15 of Recovery of Premises Act, Laws of Nigeria(Abuja) and other similar laws across 36 states of Nigeria.

NOTICE!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 131)
“Use of Fake Name by a Spouse Invalidates Marriage in Nigeria”.

Any marriage conducted under a false/fake names or name by a spouse with the consent, knowledge and willingness of both husband and wife is INVALID, NULL AND VOID.

My authority; section 33(2)(b) of Marriage Act.

 

NOTICE!

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{jcomments on}DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 130)
“Businesses and Persons Exempted From Obtaining Pension (PENCOM) Certificate In Nigeria”.

A Business/Company/Firm/Employer that has three (3) or less employees does not need a Pension Clearance Certificate (PENCOM Certificate).

My authority; section 2(3) of Pension Reform Act.

NOTICE!

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{jcomments on}DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 129)
“Persons that are Exempted From Obeying Traffic Signs and Signals In Nigeria”.

Certain persons are exempted from obeying traffic signs and signals in any part of Nigeria although they must drive their vehicles with due care to safety of other road users. Such persons are drivers of fire-fighting vehicles, rescue vehicles or ambulances.
Kindly note that drivers of bullion vans, politicians and government officials are not mentioned in the exemption.

My authority; Regulation 158 of the National Road Traffic Regulations, 2012.

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ELECTRICITY LAW PRACTICE IN NIGERIA; ROLES/OPPORTUNITIES FOR YOUNG LAWYERS

By

Onyekachi Umah, Esq. LL.M, ACIArb(UK)

This email address is being protected from spambots. You need JavaScript enabled to view it.,08037665878

Founder, LearnNigerianLaws.com

Convener, #SabiLawLectures

 

DELIVERED ON MONDAY 25 JUNE 2018

FOR CORPS LEGAL AID SCHEME ABUJA

AT THE OLD PARADE GROUND, GARKI, ABUJA. 

5TH SABI LAW LECTURE SERIES

 

LECTURE CONTENT:

  1. HISTORY OF NIGERIAN ELECTRICITY LAW PRACTICE
  2. EVOLUTION OF ELECTRIC POWER SECTOR OPERATORS/REGULATORS
  3. LEGAL FRAMEWORK FOR ELECTRICITY POWER SECTOR
  4. REGULATORS AND STAKEHOLDERS FOR ELECTRICITY LAW
  5. 20 ROLES/OPPORTUNITIES FOR YOUNG LAWYERS IN THE NIGERIAN ELECTRICITY SECTOR
  6. 12 WAYS TO STRATEGICALLY POSITION YOURSELF IN THE ELECTRICITY POWER SECTOR. 

 


  1. HISTORY OF NIGERIAN ELECTRICITY LAW PRACTICE.

Electric power is not new to Nigeria, as such rights, duties, liabilities and legal framework of its stakeholders and participants are not novel although evolving.

 Electricity in Nigeria dates back to 1898 with the installation of the very first generating power plant (60KW) at Marina, Lagos.

Other areas followed, like Kaduna in 1929, Enugu in 1933, Maiduguri in 1934, Yola in 1937, Zaria in 1938, Warri in 1939 and Calabar in 1939. 

 


  1. EVOLUTION OF ELECTRIC POWER SECTOR OPERATORS/REGULATORS.

At the beginning, there was non-unified electricity systems, years after all systems were unified in to a single generator-transmission-distribution institution and recently unbundled and privatized, allowing private investors. Below is an abridged evolution;

  1. Between 1898 and 1950, the Government and Native Authority owned, maintained and operated all systems.
  2. On 1946 the Nigerian Government Electricity Undertaking (NGEU) being an arm of the Public Works Department took over the assets and liabilities of electricity supply in Lagos.
  3. In 1950, the Electricity Corporation of Nigeria (ECN) was created to take over the electric power sector, assets and liabilities across Nigeria.
  4. In 1962, the Niger Dams Authority (NDA) was created to harness the potential of hydropower in Nigeria.
  5. In 1966, Nigeria started grid transmission of electricity across Nigeria.
  6. In 1972, National Electric Power Authority (NEPA) was formed by the merger of NDA and ECN to expand national power network.
  7. In 2005, the was a reform in power sector and the Nigerian Electricity Regulatory Commission (NERC) was established to independently regulate the power sector.
  8. Still on 2005, Power Holding Company of Nigeria (PHCN) was created to takeover over the assets and liabilities of the NEPA for a successful unbundling of NEPA

  


  1. LEGAL FRAMEWORK FOR ELECTRIC POWER SECTOR

 The legal framework of Nigeria Electric Supply Industry (NESI) is made up of the Nigerian Constitution, Acts of parliament, Rules, Codes and Regulations made pursuant to the Acts. Some non-NESI specific Acts do have provisions offering tax incentives to power sector participants. Some of the relevant laws, regulations, rules and codes are listed below:

 

  1. CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (CFRN)
  • empowers both Federal and State governments to legislate and exercise power over electric power (generation, transmission and distribution) concurrently.
  • Federal government covers for in or to any part of Nigeria, between states, and any other country while a state government is for of its state not covered by a national grid system.

 

  1. NATIONAL ELECTRIC POWER POLICY 2001
  • In 1999 the National Council on Privatization (NCP) constituted the Electric Power Sector Implementation Committee (EPIC) to comprehensively study the electricity power industry.
  • National Electric Power Policy (NEPP) 2001 was outcome of the study and was approved by the Federal Executive Council.
  • NEPP created roadmap for unbundling of NEPA, liberalization of power sector and creation of an independent regulatory agency among other things.

 

  1. ELECTRIC POWER SECTOR REFORM ACT, 2005
  • Electric Power Sector Reform Act (EPSRA) provides for the creation of an independent regulator and formation of companies to take over the functions, assets, liabilities and staff of the National Electric Power Authority;
  • Provides for competitive electricity markets and resolution of disputes among others.
  • Provides for the independent regulator (the Nigeria Electricity Regulatory Commission) to provide for the licensing and regulation of the generation, transmission, distribution and supply of electricity; to enforce such matters as performance standards, consumer rights and obligations, to provide for the determination of tariffs.

 

  1. COMPANY INCOME TAX ACT
  • Provides tax incentives for companies engaged in gas utilization including power generation companies.
  • The incentives include a 3 year income tax holiday, with possible renewal for additional two (2) years.

 

  1. VALUE ADDED TAX ACT, 1993
  • Pursuant to Parts I and II of the First Schedule to the Act, “Plant, machinery and equipment purchased for utilisation of gas in downstream petroleum operations are exempted from Value Added Tax.

 

  1. INDUSTRIAL DEVELOPMENT (INCOME TAX RELIEF) ACT
  • Provides tax holiday period of 3 years with possible extension up to a maximum of an additional two yearsrelief for industries including “independent power generation utilizing gas, coal and renewable energy sources” as a pioneer “product”.

                                      

  1. CUSTOMS, EXCISE TARIFF, ETC (CONSOLIDATION) ACT, 1995
  • It exempted from custom duties any machinery, equipment or spare part imported into Nigeria by an industry in the exploration, processing or power generation through the utilization of Nigerian gas, for its business.
  1. MARKET RULES FOR THE NIGERIAN ELECTRICITY SUPPLY INDUSTRY 2010 (MR)
  • It is made pursuant to section 26(2) of EPSRA for the operation of the national grid by the system operator; and   for the establishment and governance of markets related to electricity and ancillary services.

 

  1. GRIDE CODE FOR ELECTRICITY INDUSTRY OF NIGERIA
  • It is made pursuant to section 32(2)(b) of EPSRA and contains the day-to-day operating procedures and principles governing the development, maintenance and operation of an effective, well-coordinated and economic Transmission System for the electricity sector in Nigeria.

 

  1. DISTRIBUTION CODE FOR DISTRIBUTION SECTOR OF NIGERIA ELECTRICITY SUPPLY INDUSTRY.
  • It is made pursuant to section 32(2)(b) of EPSRA and designed to facilitate an efficient usage of Electricity for all Users of the Distribution Networks without discrimination and promote competition in the generation and supply of Electricity.

 

  1. METERING CODE FOR NIGERIAN ELECTRICITY SUPPLY INDUSTRY
  • It is made pursuant section 32(2)(b) EPSRA and designed to ensure modern accurate meters systems with reliable communication facilities are deployed across the industry production and supply chain to measure and record energy production and utilization.

 

  1. NIGERIAN ELECTRICITY HEALTH AND SAFETY CODE, 2014
  • It is made pursuant to section 32(1)(e) and (2)(b) EPSRA, creating a legal obligation on licensees, their contractors and persons operating electrical premises to ensure safety at work and  protect health.

 

  1. ELECTRICITY INDUSTRY (ENFORCEMENT) . REGULATIONS 2014.
  • It is made pursuant to section 96 of the EPSRA, 2015 and ensures enforcement, maintenance and adherence by licensees and other participants to the ESPR ACT, Codes and other Regulatory instruments of NERC.

 

  1. UNIFORM SYSTEM OF ACCOUNTS ("USOA") REGULATIONS 2018.

  • It is made pursuant to Section 96 of EPSRA, for implementation of the Uniform System of Accounts Guidelines 2014 on the generation of all accounting reports required by the NERC based on information extracted from the general and subsidiary ledgers of Licensees.

 

  1. METER ASSET PROVIDER REGULATIONS 2018
  • It is made pursuant to section 96 of the EPSRA to encourage the development of independent and competitive meter services in Nigeria electricity supply industry.

 

  1. ELIGIBLE CUSTOMER REGULATIONS 2017
  • Allow third party access to transmission and distribution infrastructures and licensed generation companies with uncontracted capacity to access unserved and underserved customers thus improving the financial liquidity of the electricity industry 


 

  1. CONNECTION AND DISCONNECTION PROCEDURES FOR ELECTRICITY SERVICES 2007
  • Created obligations for Distribution Companies and Rights to Consumers as well as Procedures for Connection and Disconnection of electricity supply.

 

REPEALED LAWS

Kindly note that the below laws are no longer in existence in Nigeria. 

  1. ELECTRICITY ACT, 1929 repealed by the Electricity Power Sector Reform Act, 2005. (S. 99, EPSRA)
  2. NATIONAL ELECTRIC POWER AUTHORITY (NEPA) ACT, 1972 repealed by the Electricity Power Sector Reform Act, 2005. (S. 99, EPSRA)

 


  1. REGULATORS AND STAKEHOLDERS FOR ELECTRICITY LAW 

With the Electricity Power Sector Reform Act, there is a general regulator for the entire sector, sub-sector regulators, government owned entities and stakeholders.  

  • Government through legislations created regulators for the electricity sector and several other participatory government agencies and institution for an efficient and competitive market.
  • Regulatory Agencies are; Nigerian Electricity Regulatory Commission, Federal Ministry of Power, Energy Commission of Nigeria, Rural Electrification Agency, Presidential Committee on Power, National Council on Privatisation, Bureau of Public Enterprise and Nigerian Electricity Management Services Agency.
  • Other major institutions are Nigerian Bulk Electricity Trading PLC, Transmission Company of Nigeria, Gas Aggregation Company of Nigeria, Nigerian Electricity Liability Management Company Limited and Niger Delta Power Holding Company Limited.

 

  1. FEDERAL MINISTRY OF POWER. It is part of the executive arm of federal government. Minister of power is to give general directions to NERC on matters of electricity including overall system planning and co-ordination. (S. 33, EPSRA). 
  1. NIGERIAN ELECTRICITY REGULATORY AGENCY (NERC) created in 2005 technical and economic regulation of Nigerian Electricity Supply Industry and creation of a fair market.
  2. ENERGY COMMISSION OF NIGERIA;Established in 1988 by Energy Commission of Nigeria Act charged to coordinate and supervise all energy functions and activities in Nigeria.
  3. RURAL ELECTRIFICATION AGENCY Established by EPSRA to promote access to electricity in rural areas in Nigeria. (S. 88(1)).
  4. NIGER DELTA POWER HOLDING COMPANY LIMITED. It is a government owned power generation and distribution company owning open and combined cycle gas turbine plants. It was founded in 2004 and was formerly known as the National Integrated Power Project.
  5. NATIONAL COUNCIL ON PRIVATIZATION AND BUREAU OF ENTERPRISE It planned and implemented power sector privatization policies.
  6. BUREAU OF PUBLIC ENTERPRISE Established by Public Enterprises (Privatization and Commercialization) Act, implement privatization and commercialization policies of National Council on Privatization.
  7. ADVISORY POWER TEAM OF THE VICE PRESIDENT OF NIGERIA. It is established to drive the implementation of the roadmap on power, monitor same.
  8. NIGERIAN BULK ELECTRICITY TRADING PLC. It is a NERC licensed bulk electricity trader
  9. TRANSMISSION COMPANY OF NIGERIA. It has NERC license for electricity transmission, system operation and electricity trading which is ring fenced
  10. NIGERIAN SYSTEM OPERATOR. It is the arm of Transmission Company of Nigeria licensed to provide system operation services to the Nigerian electricity supply industry
  11. OPERATOR OF THE NIGERIAN ELECTRICITY MARKET. It is arm of Transmission Company of Nigeria licensed to function as the Market Operator of the wholesale electricity market.
  12. GAS AGGREGATION COMPANY OF NIGERIA. It implements the Nigerian Gas Master Plan (NGMP) commercial framework and to stimulate growth of natural gas utilization in the Nigerian domestic market.
  13. NIGERIAN ELECTRICITY LIABILITY MANAGEMENT COMPANY LIMITED/GTE. Established to assume and mange the non-core assets, all liabilities and other stranded obligations of defunct PHCN
  14. NATIONAL POWER TRAINING INSTITUTE OF NIGERIA. It is to design, develop and deliver training courses to enhance the skills and capacity of both technical and non-technical power utility personnel.
  15. NIGERIAN ELECTRICITY MANAGEMENT SERVICES LIMITED. Established to enforce Technical Standards and Regulations, Technical Inspection, Testing and Certification of all Categories of Electrical Installations, Electricity Meters and Instruments

 


  1. 20 ROLES/OPPORTUNITIES FOR YOUNG LAWYERS IN NIGERIA ELECTRICITY SECTOR

Young lawyers are considered in Nigeria, as lawyers who are not more than 7 years old in the bar. The opportunities below are for them and even older lawyers. The Opportunities will be considered either as services that can rendered or positions to render services.

  1. ALTERNATIVE DISPUTE RESOLUTION CONSULTANCY;

-Dispute Resolution Counsellor

Or as a member of Dispute Resolution Panel.

  • Like in any human endeavour, disputes must arise between regulators, stakeholder, participants and or consumers of Nigerian Electricity Supply Industry. Disputes arising from the market between participant are to be resolved by Arbitration. See, Rule 43 of the Market Rules (MR) for the Nigerian Electricity Power Sector, 2010, No. 10 Vol. 97 Federal Republic of Nigeria Official Gazette.
  • Some regulations request that some agreements must have arbitration clauses. Like the Regulation 27 of the Meter Assets Providers Regulation 2018.
  1. EXTERNAL LITIGATION COUNSEL

Over matters that are not arbitralable and arbitral awards.

 

  1. INDUSTRY AGREEMENTS NEGOTIATOR AND DEAL MAKER

The electricity industry has very specialised agreements and lots of terms and terminologies making their deals and meetings special. Hence, a trained lawyer can find a good work being a negotiator and deal maker for industry stakeholders and participants.

 

  1. INDUSTRY AGREEMENT DRAFTSMAN.

The many specialised agreements in electricity sector means that not too many lawyers can draft agreements for electricity biased clients. Hence, a lawyer with interest in the sector will have lots of fruitful engagements in a law firm or as in-house counsel for electricity companies. Some specialised agreements are Gas Sale and Gas Transportation Agreement, Vesting Contracts, Power Purchase Agreements, Engineering, Procurement and Construction (EPC) Agreement, Grid Connection Agreement, Service Level Agreement, Meter Services Agreement and Ancillary Services Agreement.

 

  1. INDUSTRY LICENSE AND PERMIT CONSULTANT.

The Nigerian Electricity Supply Industry is highly regulated from generation of power to manufacture of electrical installations, transmission of power to even installation of electric fence in a private house. There is a need for licenses and permits to engage in any level of business in the electricity sector. Licenses and Permits are tenured and as such need to be renewed often. Hence there is a huge market here for lawyers to guide electricity market participators in applying and obtain licenses, permits and renewal of same from NERC and other stakeholders.

 

  1. DUE DILIGENCE & COMPLIANCE EXPERT

The EPSRA, Codes and Regulations have set a lot of guidelines and procedures for almost every step, change, takeover, commencement and applications by any electricity sector participant. Most market participants engage lawyers to study, interpret and ensure compliance of their organisations to have penalties. Most times, even the regulators engage external solicitors to verify information provided by prospective licensee.

 

  1. CONSUMER RIGHTS ADVOCATE

There is still a huge cry by electricity consumers and claims of Distribution Companies (DISCOs) infringing on their rights. There is a huge demand for petitions to be written, filed and followed up at the NERC for justice to consumers. There is an untapped law practice (legal service provision option) in that sector since many lawyers are not aware of necessary regulations like the Connection and Disconnection Procedures for Electricity Services 2007.       

 

  1. INDUSTRY TAX ADVISER/CONSULTANT

Taxation is law and part of the services a lawyer and a law firm can render. The Nigerian electricity sector has some tax exemptions and holidays for market participants under the Company Income Tax, Value Added Tax, Industrial Development (Income Tax Relief) Act, CUSTOMS, EXCISE TARIFF, ETC (CONSOLIDATION) ACT, 1995.  There is need for lawyers (electricity sector tax advisers) that understand and can advise market participants on available tax exemptions and help in obtaining them.   

 

  1. INDUSTRY CORPORATE AND INVESTMENT LAW CONSULTANT.

As a regulated national sensitive sector, corporate formation and changes in companies participating in the electricity sector is monitored and subject to approval and consent of NERC. Hence there are opportunity for lawyers with sound understanding of corporate law practise in Nigeria as well as electricity power sector to advise and guide power sector participants.

 

  1. PROJECT FINANCE CONSULTANTS.

The quest to increase Nigerian electricity generation as well the ongoing construction and maintenance of long term projects across Nigeria have created a demand for project finance consultants. A lawyer with a good understanding of Nigerian electricity sector, finance, economics and sector permutation has a huge opportunity here.

 

  1. DEBT RECOVERY AGENT.

Control of losses is a huge part of electricity business. There is a huge loss of revenue in the electricity supply chain especially between distribution companies/retailers and consumers. There is opportunity for lawyers that can design cost effective business healthy approach towards recovery of debts owed by consumers and other market participants.    

 

    

  1. GENERAL LAW ADVISER/EXPERT

Electricity market participants like any other company in Nigeria, require some general and less specialised legal services too. Possible areas are; Labour Law, human right enforcement, tenancy, environmental impact assessment, trademarks, copyright, patent, design and technology acquisition and promotion.  

 

  1. CONSULTANT/SECRETARY TO MARKET PARTICIPANTS, STAKEHOLDERS AND OR ASSOCIATION OF MARKET PARTICIPANTS.

There several groups and fora in the industry to purse, maintain and sustain views and welfare of members. There associations for generation companies and even for distribution companies and others. Most of the groups often engage lawyers as consultants and secretaries; lawyers with good understanding of the electricity power sector.

 

  1. HEALTH AND SAFETY LEGAL CONSULTANCY

There is a deep attention on occupational, health and safety in the sector considering the nature of the primary commodity of the sector. There is a defined legal framework for health and safety practise in the sector. Lawyers with understanding of this and further studies on this area are rare in the sector.

 

  1. RESEARCHER, TRAINER AND LECTURER.

There is little literature on this sector and very little trainers and lecturers for transfer of knowledge. So there is a demand with less supply here.

  

  1. ELECTRICITY LAW AID/ATTACHE/SPECIAL ADVISER.

There are very little lawyers working as legal assistants, advisers and aids to judges, legislatures and the executives for a better law making process, amendment bills, laws, interpretation of law and execution of electricity laws.  Most judges rose to the bench before the liberalisation of the sector and as such may lack good understanding of the sector, without continued education. Hence, there is a huge opportunity for younger lawyers with understanding in the sector.

 

  1. EMPLOYMENT IN LEGAL, LICENSING AND ENFORCEMENT DEPARTMENTS OF REGULATORS AND STAKEHOLDERS.

NERC and other stakeholders as well as participants in the power sector have large specialised departments for legal, licensing and enforcement. Lawyers with interest in electricity law are the needed hands in such departments.

 

  1. TECHNICAL PARTNERS AND INVESTORS FINDER.

Nigeria as a growing electricity market emerging from unbundling and privatization, there are many foreign direct investments in the sector. Experienced corporate giants and investors where wooed by Nigerian government and stakeholders to forge sustainable partnership. Lawyers with good understanding of the electricity sector are often consulted and engaged to search, negotiate and bring foreign and local investors into the sector for finders’ fee.

 

  1. NEW CODE/REGULATION ALERT RINGER.

NERC and other concerned stakeholders, make codes and regulations for the sector. There is often little awareness on such new codes and regulations, so market participants, lawyers and the general public run contrary to such regulations out of ignorance.  There is a market for quick, detailed and affordable updates on new codes and regulations. For example, the #NewLawAlert is an initiative of the LearnNigerianLaws.com designed to create prompt and detailed alert on new laws, codes and regulations in Nigeria.

 

  1. ELECTRICITY LAW AND RIGHTS AWARENESS

Considering the pre-reform conservative approaches of NEPA and the general low awareness on laws, rights and duties in Nigeria, most electricity consumers are not aware of their rights and obligations as well as other sector participants. Lawyers have opportunity to create awareness on rights, duties and Nigerian electricity laws and enlighten the public for free or for a fee. The LearnNigerianLaws.com designed and runs a #DailyLawTips and #SabiLawLectures to increase awareness on rights and laws of Nigeria for free. Like this free lecture is the 4th #SabiLawLectures and is set to increase awareness on electricity law in Nigeria among young lawyers.       

 

   


  1. 12 WAYS TO STRATEGICALLY POSITION YOURSELF IN THE ELECTRICITY POWER SECTOR.

 

  1. Get interested
  2. Focus and specialise
  3. Seek continued legal education on electricity
  4. Enrol on online education on electricity
  5. Attend electricity power sector workshops and training
  6. Pursue post graduate degrees in relevant courses
  7. Seek internship in law firms practising electricity law
  8. Seek internship in electricity power sector regulators, participants and stakeholders
  9. Subscribe to free and paid electricity power magazines, newsletters, journals and updates.
  10. Form and join forums for electricity biased lawyers and professionals.
  11. Choose a mentor in electricity power sector and get close.
  12. Let other lawyers and clients know your passion, training and experiences in electricity power sector

 

My appreciation to Dr. Chudi Ojukwu for teaching and mentoring me on electricity law practise and more. A million thanks to my wife for her support and encouragement. Thanks to Kenechukwu Agwu, Esq., organisers of this event and entire team of LearnNigerianLaws.com. Above all, thank you all for listening this Monday morning. 

 

THANK YOU.

 

 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 127)
“Electricity Meter and Rights of Electricity Consumers in Nigeria”.

1. Meter Assets Provider (MAP) has a duty to repair or replace a customer’s faulty meter within 2 working days.
2. The repair or replacement of faulty meter shall be at no cost to the customer within the amortisation period, if the damage is not his fault.
3. Where MAP fails to repair or replace a meter within 2 days, the customer shall not pay metering service charge/fee for that period.
4. Where MAP is unable to provide a replacement meter, electricity bill will be calculated on average of the last 3 months bills.
5. A relocating customer within a franchise area shall apply to the Distribution Company(DISCO) for transfer of services and unspent energy credits.
6. Meter shall to be installed free of charge but customer will be charged for metering service every month via energy bills.
7. Customer can elect to pay for meter and installation in full upfront/ahead of meter installation to avoid monthly metering service charge.
8. Where a customer elects to pay for a meter, same shall be installed at his premises within 10 working days of his payment.
9. Meters and metering equipment shall be insured by MAP.
10. Within 120 days from 3rd April 2018, the Nigerian Electricity Regulatory Commission will issue an Order limiting chargeable bills of unmetered customers to avoid outrageous estimated billing systems.

My authorities: Regulations 1, 14, 16, 17, 18, 20 and 31 of the Meter Assets Provider Regulations 2018 (Regulation Number:NERC-R-112) and section 96 of the Electric Power Sector Reform Act.

NOTICE!

Join the #SabiLawChallenge, make a one minute video of yourself on any law/right you know and win #20,000.00. Ts & Cs apply. Join for free with the link below;

https://learnnigerianlaws.com/index.php/law-articles/law-in-practise/111-official-release-of-the-sabilawchallenge-the-world

 

 

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 126)
“Summary of 2018 Budget of the Federal Government of Nigeria”.

It is your RIGHT to know and understand Budgets of Nigeria and it’s states as well as to demand transparent execution. The 2018 Budget contains;
2018 Expected Revenue is N7.17 Trillion
2018 Expected Expenditure is N9.12 Trillion
Highest Revenue Source: Oil Revenue (41.7%)
Lowest Revenue Source: Tax Amnesty (1.2%)
Recurrent Expenditure(Non-Debt): N3.512 Trillion
Capital Expenditure: N2.87 Trillion
Highest Funded Ministry: Interior
Lowest Funded Ministry: Water Resources
Assumed Price of Oil: $51 per barrel

My authority: The Appropriation Act 2018.

NOTICE!

Join the #SabiLawChallenge, make a one minute video of yourself on any law/right you know and win #20,000.00. Ts & Cs apply. Join for free with the link below;

https://learnnigerianlaws.com/index.php/law-articles/law-in-practise/111-official-release-of-the-sabilawchallenge-the-world

 

 

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.

Powered by www.LearnNigerianLaws.com

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 124)
“It Is Not a Crime to Be a Debtor In Nigeria”.

Being a debtor is not a Crime in Nigeria and Debt is not an offence in any part of Nigeria. Even failure to pay debt after such was demanded is also not an offence so far as there is no intention to defraud or commit an offence. No security agency including Nigeria Police, EFCC, State Security Services, Nigeria Army and vigilante groups has right to intervene, arrest, harass or detain a debtor or order repayment of debt. You recover debt by engaging a lawyer.

My authority: Section 2 of Criminal Code Act and section 4 of Penal Code Act.

NOTICE!

Join the #SabiLawChallenge, make a one minute video of yourself on any law/right you know and win #20,000.00. Ts & Cs apply. Join for free with the link below;

https://learnnigerianlaws.com/index.php/law-articles/law-in-practise/111-official-release-of-the-sabilawchallenge-the-world

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.

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