*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)

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Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON SATURDAY, 23 MARCH, 2019 (10:00 AM)

  

AT Hon. Justice Mary Odili Moot Court Complex, Faculty of Law, University of Nigeria, Enugu Campus, Enugu City, Enugu State

19th SABI LAW LECTURE SERIES. 

LECTURE CONTENTS:

. Profile of OnyekachiUmah

1.PresentationPlan & Outcome
2.Assumptions
3.Facts
4.Finding X (Who is a successful lawyer)
5.TheChangingLegal Market
6.Needed Skills  and Attitude
7.SabiLawMaster’s Interlude
8.Rain Making
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. 

*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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*DAMAGE OF HIGHWAYS OR GUARD RAILS IS A CRIME IN NIGERIA.* DAILY LAW TIPS (Tip 293) By Onyekachi Umah, Esq., LLM. ACIArb(UK)
.

Whether for construction/installation purposes or by accident, any person who damages any highway or guard rails or any structure on a highway in any part of Nigeria, wilfully, unlawfully or maliciously and fails, refuses or neglects to repair such has committed an offence.
The above offence is punishable with imprisonment for not more than 10 years without an option of fine.

My authorities are sections 1(6) and 5 of the Miscellaneous Offences Act, 1983.

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*CONTENTS OF A GENUINE ATM RECEIPT IN NIGERIA.* DAILY LAW TIPS (Tip 292) By Onyekachi Umah, Esq., LLM. ACIArb(UK)

Due to developments in electronic payment system across Nigeria, the Central Bank of Nigeria approved a format for every physical and electronic records of transactions in Nigeria from any transaction channel including ATMs, POS, Internet Payments, Mobile Payments, Physical Branch or agent.

The approved receipt formats are sufficient proof of transactions in Nigeria and as such all financial institutions must provide customers with only approved receipts.

An approved receipt from an Automated Teller Machine (ATM), must contain the following;
1. Name of the Service Provider
2. Location/Terminal Identity
3. Transaction Identity
4. Date of transaction
5. Time of Transaction
6. Transaction type
7. Sequence Number
8. Account Name
9. Amount
10. Personal Account Number (PAN) (But should be Masked)
11. Card Type
12. Account Type
13. Reference Number

My authorities are sections 47(4) of the Central Bank of Nigeria Act, 2007 and Approved Format of Evidence For Electronic Transactions, 2013.

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POLICE OFFICERS CAN BREAK OUT OF ANY HOUSE/PLACE IN NIGERIA.
DAILY LAW TIPS (Tip 291) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

A Police Officer can break out of any house or place to gain liberation for himself or any other person, having entered such place lawfully during an attempt to arrest any person. Such police officer has no liability for any damage because he cannot be detained in any place for attempting to make an arrest.

My authorities are sections 13, 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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 290)
CAN VIOLENCE AND LACK OF MATERIALS CAUSE NULLIFICATION OF ELECTION IN NIGERIA.

First of all, any election in any part of Nigeria can be nullified by an appropriate tribunal/court. Generally, an election will be nullified by a tribunal/court, where there is clear, positive, credible and over-whelming evidence that shows that election was not substantially conducted in accordance with the Electoral Act and that the non-compliance, substantially affected the result of the election. So, until you convince a tribunal/court that there was a SUBSTANTIAL NON-COMPLIANCE in conduct of an election contrary to the Electoral Act and that it also affected election result, an election will not be nullified.
Consequently, VIOLENCE and LACK OF ELECTORAL MATERIALS will cause nullification of election where it can be proved that are SUBSTANTIAL NON-COMPLIANCE with the Electoral Act and that they SUBSTANTIALLY affected the final result of an election.

My authorities are sections 138, 139, 140 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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 287)
THE ONLY TWO (2) PERONS THAT CAN CHALLENGE AN ELECTION IN NIGERIA.

Not every person in Nigeria can challenge an election. First of all, an ordinary voter in an election cannot challenge the out come of an election.
The only two (2) persons in Nigeria that can challenge an election in any part of Nigeria, are;
1. A Contestant in an election
2. A Political party that participated in an election.

My authorities are sections 137(1) and 158 of the Electoral Act, 2010.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 289)
ARE ELECTRONIC SIGNATURES ACCEPTABLE IN NIGERIA.

Where any document is to be approved/proved by signature, then an electronic signature on such document is a sufficient signature. So, electronic signatures are allowed and acceptable in any part of Nigeria including courts.

My authorities are sections 93(2) and 259 of the Evidence Act, 2011.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 285)
WHEN CAN POLICE SEARCH A HOUSE WITHOUT A WARRANT.

Ordinarily, police and every other security agency cannot search a house/property without a search warrant(written authority) issued by a court.
One of the situations, where a security officer can search any property/place without a search warrant is where a criminal suspect sought to be arrested is inside such house/property or is believed to be inside such house. In such situation, the person in charge of such house must give free access and all needed support to the security agency to search the property for the suspect.

My authorities are sections 12(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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 286)
WHEN CAN COURT NULLIFY AN ELECTION IN NIGERIA.

Any election in any part of Nigeria can be nullified by an appropriate tribunal/court. An election will be nullified by a tribunal/court, where there is clear, positive, credible and over-whelming evidence that an election was not substantially conducted in accordance with the Electoral Act and that the non-compliance, substantially affected the result of the election. So, until you convince a tribunal/court that there was a SUBSTANTIAL NON-COMPLIANCE in the conduct of an election contrary to the provisions of Electoral Act and that such also affected the final result of an election result, an election will not be nullified.

My authorities are sections 138, 139, 140 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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 284)
CAN CUSTOMER BE CHARGED FOR ELECTRICITY EVEN AFTER DISCONNECTION.

Every user of electricity in any part of Nigeria, has a Right to Request for Disconnection from electricity at any time of the year. Duration a period that a customer requested for a disconnection from the electricity Distribution Company (DisCo) in charge of his area, such a customer can no longer be charged/billed for electricity, whether or not such disconnection was done. It is illegal for any DisCo to charge or request for payment for a period a customer was disconnected. Kindly report such illegal demands and practises to Nigerian Electricity Regulation Commission (NERC) or speak to your lawyer.

My authorities are Regulations 8 and 14 of the Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedures for Electricity Services, 2007.

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

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 283)
WHAT IS THE OFFICIAL RELIGION OF NIGERIA AND STATES IN NIGERIA.

Some Countries have preference for some religions and as such have official state religions.
In Nigeria, both at Federal and State levels and across all parts of Nigeria, there is no federal, state or official religion. It is prohibited and unconstitutional to adopt any religion for Nigeria or any state in Nigeria.
All religions are allowed and permitted in Nigeria, so far as practises of such religions are not contrary to any law.
Even states that have Sharia or Customary/Tradition laws do not have any official religion. Also, no religion should have prevalence or relevance or more access to state facilities in any part of Nigeria.
Note that it is a breach of fundamental human rights to discriminate against any religion or persons of religion or violate any person’s right to freedom of religion.

My authorities are sections 10, 38, 42 and 319 of the Constitution of the Federal Republic of Nigeria 1999.

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x

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 282)
STATE GOVERNMENTS CANNOT COLLECT TENEMENT RATES IN NIGERIA.

First of all, tenement rate is a tax payable by an occupier of a developed property to a local government authority in charge of the area the developed property is located. The property must be developed and occupied, so tenement rate cannot be paid on an empty or undeveloped land. If the developed property is occupied by a tenant then such tenant must pay for it and not the landlord unless they agreed otherwise. Where a landlord is the one occupying a developed property, such landlord must pay such himself. This is different from Ground Rent, which is payable by landlords for lands whether developed or undeveloped and collectable by either state or local government authorities in charge of the location of such land.
TENEMENT RATES are collected by only local governments authorities in charge of the location of developed property. Both State or Federal government authorities cannot collect tenement rates. Note that state government may also collect a Land Use Charge which a local government authority cannot collect. As at today, the make up/contents of a Land Use Act is not clear and some states have used it as means to charge and collect outrageous taxes.

My authorities are sections 1 and 5 as well as the Schedule to the Taxes and Levies (Approved List for Collection) Act, 1998 and the Schedule to the Taxes and Levies (Approved List for Collection) Act, (Amendment) Order 2015. Also Section 7(5), Paragraph 9, Part II of Second Schedule and Paragraph 1(J) of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 282)
STATE GOVERNMENTS CANNOT COLLECT TENEMENT RATES IN NIGERIA.

First of all, tenement rate is a tax payable by an occupier of a developed property to a local government authority in charge of the area the developed property is located. The property must be developed and occupied, so tenement rate cannot be paid on an empty or undeveloped land. If the developed property is occupied by a tenant then such tenant must pay for it and not the landlord unless they agreed otherwise. Where a landlord is the one occupying a developed property, such landlord must pay such himself. This is different from Ground Rent, which is payable by landlords for lands whether developed or undeveloped and collectable by either state or local government authorities in charge of the location of such land.
TENEMENT RATES are collected by only local governments authorities in charge of the location of developed property. Both State or Federal government authorities cannot collect tenement rates. Note that state government may also collect a Land Use Charge which a local government authority cannot collect. As at today, the make up/contents of a Land Use Act is not clear and some states have used it as means to charge and collect outrageous taxes.

My authorities are sections 1 and 5 as well as the Schedule to the Taxes and Levies (Approved List for Collection) Act, 1998 and the Schedule to the Taxes and Levies (Approved List for Collection) Act, (Amendment) Order 2015. Also Section 7(5), Paragraph 9, Part II of Second Schedule and Paragraph 1(J) of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 281)
DEADLINE FOR ELECTION PETITIONS TO BE FILED IN COURT.

There is time for everything under the earth. A loser in an election has right to go to court and challenge the outcome of an election. Such must be done within 21 DAYS after the date his election result was declared.

My authorities are sections 134 and 158 of the Electoral Act, 2010.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 280)
WHAT MALE POLICE OFFICERS MUST DO BEFORE ENTERING A WOMAN’S HOUSE.

Where a suspect sought to be arrested by a male police officer runs into a property occupied be a woman and such woman ordinarily does not appear in public by reason of custom or religion, the police Officer cannot just enter the said property without doing the following things;

1. The Police Officer must inform the woman to withdraw so that she will not be seen, if she pleases.

2. Police Officer must give the woman enough time and opportunity to withdraw and then enter the property.

My authorities are sections 12(3), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 278)
WHEN CAN A MISSING PERSON BE PRESUMED DEAD IN NIGERIA.

Ordinarily, the only time any person can be declared dead is when the person’s body is found and a physician declares such lifeless. But, where a missing person has not been heard from for seven (7) years or more by those that naturally should have heard from such person if such person was alive, then such a person would be presumed dead. Although such person is presumed dead, there is no presumption as to the time when such a person died.
Note that where there are circumstances to account/prove for the long time that such a person has not been heard from, such a person cannot be presumed dead.

My authorities are sections 164 (1) and 259 of the Evidence Act, 2011.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 277)
PLACES, WORKERS CANNOT BE PAID SALARIES IN NIGERIA.

No worker, staff or employee in Nigeria can be paid his wages, salary or payment in any premises, property or house used for the sale of intoxicating liquor (alcohol) or retail of goods, like supermarkets and shopping malls. The only exception is where a worker is ordinarily employed to work in such premises or property.

My authorities are sections 3, 91 and 92 of the Labour Act, 1971.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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LAW TIPS
by Onyekachi Umah,Esq.
(Tip 276)
WHAT ARE THE APPROVED METER RECONNECTION FEES & ADMINISTRATIVE FEES FOR ELECTRICITY CONSUMERS ACROSS NIGERIA.

First of all, note that the Electricity Distribution Company (DisCo) in charge of an area can disconnect a customer without any notice where such customer has an illegal network/connection or the customer’s connection is dangerous to health or integrity of the network or quality of supply to other consumers or also the meter of a customer is not accessible to be read for 3 consecutive bills.

Where for any of the above reasons a meter is disconnected, it will be reconnected after concerned customer makes satisfactory electricity supply arrangement and pays a reconnections fee or agrees to pay such to the DisCo. After payment, a customer must be reconnected with 48 hours.

The approved Reconnection Costs/Fees are;

1. Residential or Commercial Property with Single Phase meter pays N50,000.00 for first time but N75,000.00 for subsequent times.

2. Residential or Commercial Property with three Phases meter pays N100, 000.00 for first time but N150, 000.00 for subsequent times.

3. Property with Maximum Demand (MD) Meter pays 300% of the last authorised recorded monthly consumption of the customer for first time but 450% for subsequent times.

Also note that, apart from the reconnection costs/fees, such customer must pay administrative charges and also back-bills. Back-bills are to be charged at the prevailing tariff of the customer for the established period that such customer used illegal electricity. The approved administrative charges are;

1. Residential property with single phase meter pays N1,500 but Residential property with three phases meter pays N3,000.

2. Commercial Property with Single Phase meter pays N3, 000.00 but Commercial property with Three phase meter pays N6,000.

3. Residential property with Maximum Demand LV or HT meter pays N7,500.

4. Commercial property with Maximum Demand LV metern pays N7,500.00 and

5. Commercial property with Maximum Demand HT meter pays N15,000.00.

My authorities are Regulations 6, 12 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.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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Download For FREE!

Full text of the The Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedures for Electricity Services, 2007 and the Nigerian Electricity Regulatory Commission’s Order on Unauthorised Access, Meter Tampering and By-Pass (ORDER NO: NERC/REG/41/2017) can be downloaded via the link below after the comment box

 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 264)
IT IS ILLEGAL FOR AN ASSOCIATION/GROUP APART FROM A POLITICAL PARTY TO CAMPAIGN FOR A CANDIDATE.

The only associations allowed to canvass for votes for any candidate at any election or are political parties. Hence, no other association, group or movement is allowed to canvass and campaign for votes for any candidate at any election in any part of Nigeria.

My authorities are sections 221 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 263)
WHO ARE THE SHAREHOLDERS OF THE CENTRAL BANK OF NIGERIA.

Central Bank of Nigeria is created to promote stability and continuity in economic management of Nigeria, among other things. The minimum authorised capital of the bank is One Hundred Billion Naira. The capital are all subscribed and held by only the Federal Government. Hence, the Federal Government of is the only shareholder of Central Bank of Nigeria. So, no individual, company, bank, foreign agency, state, state government or local government is permitted to be a shareholder of the Central Bank of Nigeria.

My authorities are sections 4, 60 and 61 of the Central Band of Nigeria Act, 2007.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 262)
WHEN LAWYERS CAN PERSONALLY STAND BAIL FOR CLIENTS.

There is popular saying in Nigeria, that a lawyer cannot be surety and take a client on bail. Well, this is NOT true! There is no law that stops a lawyer from being a surety and taking a client (who is a suspect) on bail in any where in Nigeria. The Rules of Professional Conduct for Lawyers expressly prohibits lawyers from being sureties and taking their clients (who are accused persons) on bail in any court in Nigeria. The Rules purposely mentioned only courts and excluded detention centers including Police stations, Economic and Financial Crimes Commissions(EFCC), Independent Corrupt Practices Commission (ICPC), Department of State Services (DSS) and all other security agencies. Consequently, it is not a professional misconduct for a lawyer to be a surety and take his client who is a suspect on bail in any place but cannot do so for his clients who are accused persons in any court.

My authorities are Rules 37(1) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 261)
LIST OF FRUITS/PLANTS PROHIBITED FROM IMPORTATION IN NIGERIA.

Some fruits/plants whether living or dead are allowed to grow in Nigeria but cannot be imported into Nigeria or can only be imported with written permission. This is to control plant diseases and pests in Nigeria. It also extends to even soil.
Hence, the importation of prohibited fruits/Plants/Soil is a criminal offence punishable with fine of not more than One Hundred Naira or imprisonment for not more than six months and cost of destruction/exportation of such prohibited fruit.

Below are fruits, plants and soil prohibited from being imported into any part of Nigeria:

1.Banana and Plantain (leaves and fruits)
2. Beans (grains from USA, Bulgaria and some other countries)
3. Cassava ( All parts expecting vegetative propagating materials and seeds)
4. Citrus (Vegetative materials except for propagation)
5. Coconut (Vegetative materials)
6. Coffee(All parts including fruits except Vegetative propagating materials and seeds)
7. Cotton
8. Cowpea
9. Date Palms All parts including fruits except Vegetative propagating materials, fruits and seeds)
10. Fresh Fruits of any specie (from Asia eas of 60* longitude, Mauritius, Central and South America)
11. Gramineae (their flower heads, foliage,hay, fodder and litter)
12. Grape Vine (Vegetative propagating materials)
13. Groundnut(Vegetative materials except for propagation)
14. Maize (their hay, fodder, straw and litter for packing except seeds and unmilled grain for consumption)
15. Oil Palm (Flowers, foliage and all timber)
16. Peas and related plants (their Vegetative material including hay, fodder and litter).
17. Pepper and Chillies (their Vegetative materials and fresh fruits)
18. Pineapple (their fruits)
19. Potatoes (All parts except seed tubers, tubers or consumption and seeds)
20. Rice (Vegetative Materials)
21. Rose and Strawberry (Vegetative materials)
22. Rubber Trees (All parts except Vegetative propagating materials and seeds)
23. Soils and Composts(for any use other than scientific and analytical purposes)
24. Sorghum (All parts except Vegetative propagating materials and seeds)
25. Soya Bean (Vegetative materials)
26. Sugar Cane( Cane for consumption, flower heads and foliage)
27. Sweet Potato (All parts except Vegetative propagating materials and seeds)
28. Tea (From any part of the world except African Continent)
29. Tobacco (Vegetative materials and seeds)
30. Tomatoes (Vegetative materials and fresh fruits)
31. Wheat, Barely, Oats and Rye( Vegetative materials)
32. Walnuts (Vegetative materials)
33. Yam (All parts except Vegetative propagating materials and seeds as well as Tubers for consumption).

My authorities are sections 1 2 and 5 of the Agriculture (Control of Importation) Act, 1964 and Paragraphs 2, 5, 7 and 9 of the Plants, etc.(Control of Importation) Regulations 1970.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 260)
“CAN AN ARRESTED PERSON BE MEDICAL EXAMINED WITHOUT CONSENT”

Police or any other government owned security agency has right to arrest any person and medically examine such person without consent of the arrested person for needed evidence. The police can even use reasonable force where necessary in conducting such medical examination. Note that the medical examination must be conducted by a qualified medical practitioner or professional with needed skills.

My authorities are sections 11, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 259)
HOW LONG CAN A GOVERNOR SPEND STATE MONEYS WITHOUT APPROVAL OF HOUSE OF ASSEMBLY.

Every year, every governor is expected by law to send in a budget to its House of Assembly for approval. The process of approving a budget may take months and within such time there is always need for state to spend public funds. Until a budget is approved, a Governor can withdraw and spend moneys from the Consolidated Revenue Funds of the state for necessary services of government for a period not more than six (6) months or until budget is approved, which ever that happens first prevails.
Such money to be withdrawn within such time must not be more than the amount that was approved for the previous year’s budget for such period of time.

My authorities are sections 122, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999.

 

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#SabiLaw

#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 258)
OFFENCES THAT CAN BE COMMITTED WITH A BALLOT PAPER IN NIGERIA.

Ballot Paper is an important election material. It is said that, Ballot Paper is stronger than a bullet. You indicate your choice of candidate on a ballot paper.

The following are electoral offences that can be committed on or using a ballot paper;
1. Forging of ballot paper or official mark on it.
2. Destruction of ballot paper
3. Giving of ballot paper to another person without authority and
4. Removal of ballot paper from any polling station
The punishment for any of the above offences is imprisonment for not more than 2 years.

Another set of offences concerning a ballot paper is;
1. Unauthorised printing of ballot paper or fake ballot papers
2. Printing more than the approved numbers or quantity of ballot papers approved by Independent National Electoral Commission (INEC)
3. Possession of ballot paper when not in process of voting
4. Manufacturing, Construction, importation, supply of devices or mechanism for secret storage or diversion of ballot papers in Nigeria.
The punishment for any of the above offences or an attempt to commit such is imprisonment for not more than 10 years and or N50, 000, 000.00.

My authorities are section 118(1)(e)(f)(g)(i), section 118(2),(3) and 158 of the Electoral Act, 2010.

 

#SabiElectionLaws

#DailyLawTips

#SabiLaw

#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 257)

THE OFFENCE OF OWNING OR MANAGING A HOUSE USED FOR INTERNET SCAM.

Any person that merely allows or knowingly permits a property he occupies or manages to be used for internet scam or any form of advanced fee fraud is guilty of an offence. It is punishable with an imprisonment for not less than 5 years and not more than 15 years without an option of fine.

My authorities are sections 3 and 22 of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006.

 

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#SabiLaw

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 256)
“DURATION FOR COMMUNICATION OF INJURY BY WORKERS TO AVOID LOSS OF COMPENSATION IN ANY WORKPLACE IN NIGERIA.”

Employee, workers, staff, contract staff, permanent and temporal staff of any government or private sector are all protected and to be paid for injury/disease/death sustained because of their work. Where an employee has such injury he must communicate same to his employer through a manager, supervisor or agent in charge of the place of work within 14 days. Where such employee is dead, then his dependants must make the communication. The communication must contain the name of the employee, time and place of event as well as the nature and cause of same in simple language.
Where an employee or his dependants fail to make such communication, they are prohibited from making any claims for compensation under the Employees’ Compensation Act. The Board of Nigeria Social Insurance Trust Fund May still allow such employee/his dependants to make claims where the board believes that the employer of such employee is aware of the incident and has not been prejudiced and the employee sufficiently described his disease or injury.

My authorities are sections 4(1) and (4), 73 and 74 of the Employees’ Compensation Act, 2010.



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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 255)
“IS AN ARRESTED PERSON ENTITLED TO LIST OF ALL PROPERTY TAKEN FROM HIM”

Gone are the days property of an arrested person are stolen or lost by an arresting officer. It is the duty of an arresting police officer to record details and inventory of all items and property recovered from an arrested person. Such must be signed by both the police officer and arrested person. Then, the arrested person and his lawyer as well as any other person the arrested person may authorise are entitled to copies of the inventory.

My authorities are sections 10(1), (2), (3) and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

 

#CriminalJusticeMonday

#DailyLawTips

#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 254)
“IS IT ILLEGAL TO SPRAY OR DANCE ON NAIRA NOTES (MONEY) IN NIGERIA”.

It is your right to own and keep money and even dance in social events. Please note that is illegal to spray, sprinkle, shower or throw Naira notes in any part of Nigeria. It is also illegal to dance, step or match on Naira notes in any event including social gatherings in any part of Nigeria.
They are offences punishable with not less than 6 months imprisonment and or fine of N50,000.00.

My authorities are sections 21 and 61 of the Central Bank of Nigeria Act, 2007.

NOTE

This is our last Tip for this year. Thanks for reading our Daily Law Tips and we wish you a memorable Christmas celebration. We shall resume on 20th January 2019.

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