*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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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.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 275)
GOVERNMENT VEHICLES CAN BE USED AT ANY ELECTION IN NIGERIA.

Contrary to popular opinion and even some directives, any government vehicle or boat can be used during an election by the person assigned to use such. It is only a person who is ordinarily assigned to use a government vehicle or boat that can use such at a registration center or polling unit. Also note that in an emergency, an electoral officer can use a borrowed government vehicle or boat at a registration center or polling unit.
The offence of use of borrowed government vehicle or boat at registration centre or polling unit by any other person is punishable with fine of not more than N500,000.00 and or not more than 6 months imprisonment.

My authorities are sections 121 and 158 of the Electoral Act, 2010.

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NATIONAL ENVIRONMENTAL HEALTH PRACTISE REGULATION 2016 IS NOW ONLINE!

The National Environmental Health Practise Regulation 2016 was made on 10th February 2016 to replace the National Environmental Health Practise Regulation 2007. The National Environmental Health Practise Regulation 2016 is made pursuant to the Environmental Health Officers (Registration etc) Act, 2002.

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 272)
IT IS ILLEGAL FOR WORKERS TO BE TOLD WHERE AND HOW TO SPEND SALARIES.

Some organisations mandate their staff/workers to shop at particular places and even purchase some specific items, may be to look smarter for the image of such organisations. It is illegal for any employer to state places or the manner that a worker/staff will spend his salary. Any agreement or code of conduct providing or allowing for such practise is illegal and invalid.
This offence is punishable with fine not exceeding N800.00.

My authorities are sections 2, 21, 91 and 92 of the Labour Act, 1971.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 271)
NONE REGISTRATION OF SIM CARD IS A CRIME IN NIGERIA.

It is a criminal offence in Nigeria to own or use a mobile phone SIM card or any electronic telecommunications service without registration of same. At registration, a prospective customer/subscriber must give his details including full Name and Address to his network provider.
None registration or registration with fake information with intention to deceive is an offence punishable with imprisonment for not less than 3 years or fine of N100,000.00. Also note that where l a service provider fails to collect the needed information of a customer/subscriber, it is an offence punishable with fine of N100,000 and forfeiture of equipment/facility used to provide services.

My authorities are sections 12 and 22 of the Advanced Fee Fraud and Other Fraud Related Offences Act, 2006.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 270)
“THE RIGHT OF POLICE TO BREAK/DAMAGE ANY HOUSE IN SEARCH OF SUSPECTS EVEN WITHOUT WARRANT TO SEARCH”.

A Police Officer as well as all other members of other security agencies have right to break any door or window in a house/place to gain entrance, search and arrest a suspect with a warrant of arrest. This is allowed where access to house/place cannot be obtained from the owner or occupier of the house/place a suspect entered into it or stays.

My authorities are sections 12(2), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 268)
BORROWED GOVERNMENT VEHICLES CANNOT BE USED AT ANY ELECTION.

No person in any part of Nigeria is allowed to use a borrowed government vehicle or boat or that of any company owned by government at any registration center or polling unit. It is only a person who is ordinarily assigned to use a government vehicle or boat that can use such at a registration center or polling unit. Also note that in an emergency, an electoral officer can use even a borrowed government vehicle or boat at a registration center or polling unit.
The offence of use of borrowed government vehicle or boat at registration centre or polling unit is punishable with fine of not more than N500,000.00 and or not more than 6 months imprisonment.

My authorities are sections 121 and 158 of the Electoral Act, 2010.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 267)
LIST OF VOTER CARD OFFENCES IN NIGERIA.

Below is a list of offences that can be committed with a voter’s card in any part of Nigeria. They are;

1. LENDING OF VOTER’S CARD.
It is an offence for a holder of voter’s card to give same to some other person for it to be used at an election in any part of Nigeria. The only person that can collect a voter’s card at an election is an official of Independent National Electoral Commission (INEC) acting in official duty.

2. RECEIVING OF VOTER’S CARD.
It is an offence for any person to receive any other person’s voter’s card while pretending to be another person in order to use such at an election.

3. POSSESSION OF MORE THAN ONE VOTER’S CARD.
Unless one is an official of Independent National Electoral Commission (INEC), it is an offence to be in possession of more than one Voter’s card.

4. BUYING AND SELLING OF VOTER’S CARD.
It is an offence in any part of Nigeria, for any person to buy or sell voter’s card. Both seller and buyer will be held guilty.

Each of the above mentioned electoral offences is punishable with fine of not more than N1 Million Naira or imprisonment for not more than 12 months or both.

My authorities are sections 120 (1) (a), (b), (c), (d) and 158 of the Electoral Act, 2010.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 266)
DISORDERLY BEHAVIOUR AT CAMPAIGNS AND MEETINGS IS AN OFFENCE.

Once election dates are announced, it is a crime for any person to be disorderly at any political meeting/campaign with intention to prevent a party’s business of the day or be in possession of weapons or missiles. It is a crime punishable with maximum fine of N500,000 or 12 months imprisonment or both.

My authorities are sections 119 and 158 of the Electoral Act, 2010.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 265)
CAN A POLITICAL PARTY HAVE ASSETS OUTSIDE NIGERIA OR RECEIVE FUNDS FROM OUTSIDE NIGERIA.

No political party in Nigeria is allowed to have funds or any assets outside Nigeria. Also, political parties cannot retain funds or assets remitted/transferred to them from outside Nigeria. Where for any reason, any funds or assets is sent from outside Nigeria to a political party, such political party must transfer such to the Independent National Electoral Commission (INEC) within 21 days of receiving such funds.

My authorities are sections 225 (3) (4) and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 200)
“It Is The Duty Of Nigerian Police TO Contact The Family Of An Arrested Person”
DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 199)
“It Is An Offence To Import Live Fish Into Nigeria Without License”
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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Onyekachi Umah, Esq has been featured by a leading national newspaper (This Day Newspaper) as a legal personality of the week in its edition of September 11, 2018. Mr. Umah answered questions in his interview, giving insights to his law practise in Nigeria, passion to increase access to legal information and awareness as well as advice to other legal practitioners across Nigeria. Details of the interview as published by This Day Newspaper are contained below.

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 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 187)
“Any Person Less Than 21 Years Old Cannot Be A Registered Advertising Practitioner In Nigeria”

Apart from educational qualification and good character, a person intending to be registered as an associate member of Advertising Profession by the Advertising Practitioners Council of Nigeria must be 21 years old and above.

My authority is section 12(2)(d) of Advertising Practitioners (Registration, etc) Act.

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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 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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“Understanding of Law; A Vital Tool For Effective Leadership In Africa.”

By 

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

COPYRIGHT, TRADEMARK, INDUSTRIAL DESIGNS & PATENT REGISTRATION;

PROSPECTS FOR LAWYERS IN NIGERIA

By 

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

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 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 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.

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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.

 

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Hello, am glad to have your eyes on this page. On last edition I wrote on “Safest Means of Purchasing rural Land” which dwelt on the purchase of land under customary law which often occurs in our villages. I highlighted the legal requirements and steps to a successful land transaction under such law. Now is time for us to take a deep dive into land transaction under our statutory law. It is for land transactions in our towns and cities. I urge you to learn as much as you can and save yourself embarrassment.  

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