THINGS YOU CANNOT DO IN NIGERIA WITHOUT A TAX CLEARANCE CERTIFICATE.
Daily Law Tips (Tip 373) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

ADVANCES AND CHALLENGES OF CRIMINNAL PROCEDURE IN THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015

By 

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

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Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

(#DailyLawTips, #SabiLawChallenage, #CriminalJusticeMonday,  #SabiLawLecturesSeries)

 

DELIVERED ON TUESDAY, 16TH JULY 2019 (10:00 AM)

AT THE CONFERENCE ON THE IMPLEMENTATION OF HUMAN RIGHTS IN THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

HELD AT THE LAW FACULTY, BAZE UNIVERSITY, ABUJA.

 

 

21st SABI LAW LECTURE SERIES. 

 LECTURE CONTENTS:

           

      0. Profile of Onyekachi Umah

  1. 1.PresentationPlan & Outcome
    2.Assumptions
    3.Facts
    4. Pre-ACJA Era
    5. ACJA Era
    6. A peep at the Repealed Administration of Justice Commission Act, 1991
    7. ACJA’sShortcomings
    8. SabiLawMaster’s Interlude
    9. The Way Forward
    10.Conclusion
      

    OBJECTIVE OF THE 21ST SABI LAW LECTURE SERIES

    This paper highlights gaps in the Administration of Criminal Justice Act (ACJA) and the challenges in Nigeria's criminal justice system. It will conclude with proposed remedies for an effective criminal justice system.

     

Full text of this lecture can be downloaded for FREE via this link or the link below after the comment box.  

 CLICK ME TO DOWNLOAD THE FULL PAPER OR CLICK ON THE LINK PLACED AFTER THE COMMENT BOX, BELOW. 

#SabiLaw

#SabiLawLectureSeries

 

YOU TOO CAN PERSONALLY ARREST ANY PERSON DAMAGING PUBLIC PROPERTY.
Daily Law Tips (Tip 372) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

DRIVING WITHOUT DISPLAYED VEHICLE LICENSE IS AN OFFENCE IN NIGERIA.
DAILY LAW TIPS (Tip 371) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

LIST OF SCHOOL CERTIFICATES ACCEPTABLE IN NIGERIA FOR ANY ELECTIONS.
DAILY LAW TIPS (Tip 370) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*CANNABIDIOL (CBD) IS PROHIBITED IN NIGERIA.*
Daily Law Tips (Tip 369) by Onyekachi Umah, Esq., LLM. ACIArb(UK).

*WHEN CAN AN OWNER OF PROPERTY ARREST A SUSPECT. *
Daily Law Tips (Tip 368) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

IT IS ILLEGAL TO PAY A WORKER MORE THAN 1 MONTH ADVANCE IN NIGERIA.
Daily Law Tips (Tip 367) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*CAN CUSTOMER REQUEST FOR DISCONNECTION OF ELECTRICITY FROM HIS PREMISES. *
Daily Law Tips (Tip 365) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*NYSC CERTIFICATES ARE NOT NEEDED FOR ANY ELECTION IN NIGERIA RATHER PRIMARY SCHOOL LEAVING CERTIFICATES ARE NEEDED*.
DAILY LAW TIPS (Tip 364) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*HOW TO PROVE RAPE IN NIGERIA.*
DAILY LAW TIPS (Tip 363) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*HOW TO PROVE RAPE IN NIGERIA.*
DAILY LAW TIPS (Tip 363) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

WHEN CAN ANY ORDINARY PERSON ARREST A CRIMINAL SUSPECT IN NIGERIA.
Daily Law Tips (Tip 362) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*HOW TO BE EXEMPTED FROM ELECTRICITY DISCONNECTION IN ANY PART OF NIGERIA EVEN WHEN OWING DEBT FOR CONSUMED ELECTRICITY .
DAILY LAW TIPS (Tip 361) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

WHAT TO DO WHEN VEHICLE LICENSE IS WITHDRAWN OR REFUSED IN NIGERIA.
DAILY LAW TIPS (Tip 360) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*APPROVED TIME FOR VALID WEDDINGS IN NIGERIA.*
DAILY LAW TIPS (Tip 359) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

EXPELLING A FEMALE CHILD FROM SCHOOL BECAUSE OF PREGNANCY IS UNLAWFUL.
DAILY LAW TIPS (Tip 358) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

WHEN AND FOR HOW LONG CAN POLICE ARREST A PERSON FOR REFUSING TO GIVE HIS NAME OR RESIDENTIAL ADDRESS.
Daily Law Tips (Tip 357) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

FORCEFUL ISOLATION/SEPARATION OF FAMILY MEMBERS/FRIENDS IS NOW AN OFFENCE IN NIGERIA.
DAILY LAW TIPS (Tip 356) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

MINIMUM AGE FOR FOREIGNERS TO BE REGISTERED AS PHARMACISTS IN NIGERIA.
DAILY LAW TIPS (Tip 353) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

A non-Nigerian cannot be registered as a pharmacist whether the person studied in Nigeria or outside Nigeria, unless the person is at least 21 years old, among other conditions.
There is no age limitation for a Nigerian seeking to be registered as a pharmacist whether such person studied in Nigeria or abroad. Generally, pharmacy profession and registration of pharmacists are regulated in Nigeria by the Pharmacists Council of Nigeria.

My authorities are sections 1, 2, 12, 27 and 28 of the Pharmacists Council of Nigeria Act, 1992.

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WHY NO NEW HOUSE OF ASSEMBLY IN NIGERIA CAN START NEW SESSION/SITTING WITHOUT THE CONSENT OF THE STATE GOVERNOR.
DAILY LAW TIPS (Tip 352) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

ANOTHER LAW THAT BINDS NIGERIANS EVEN OUTSIDE NIGERIA.
DAILY LAW TIPS (Tip 351) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*12 SITUATIONS WHERE POLICE OFFICERS CAN ARREST WITH WARRANT.*
Daily Law Tips (Tip 350) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

DEADLINE FOR RENEWAL OF CAPTIVE POWER PERMIT IN NIGERIA.
DAILY LAW TIPS (Tip 349) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*THINGS THAT CANNOT BE PHOTOGRAPHED OR RECORDED IN NIGERIA, AT TIMES. *
DAILY LAW TIPS (Tip 348) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Irrespective of fundamental human rights, during periods of emergency, the President of Nigeria, may make an Order that no person shall photograph, sketch or by any means make any record of descriptions of any thing designed or used for defence purposes. Periods of emergency includes times of war, breakdown of public order, public safety, disaster and natural calamity, among others.

Contravening such order is a criminal offence punishable with imprisonment for not more than 14 years when conviction on indictment but punishable with imprisonment for not more than 2 years and or fine of not more than #200.00.

My authorities are;
1. Sections 3, 7 and 10 of the Official Secrets Act, 1962.
2. Sections 45, 305 and 319 of the Constitution of the Federal Republic of Nigeria 1999.

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CONDITIONS FOR NATIONAL BROADCASTING COMMISSION (NBC) TO REVOKE LICENSES OF RADIO & TELEVISION STATIONS IN NIGERIA.
DAILY LAW TIPS (Tip 347) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

AN ARRESTED PERSON NEED NOT SPEAK ENGLISH, HE HAS RIGHT TO FREE INTERPRETER IN POLICE STATIONS.
Daily Law Tips (Tip 346) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

DOES NATIONAL BROADCASTING COMMISSION (NBC) REALLY HAVE POWERS TO CLOSE DOWN RADIO & TELEVISION STATIONS.
DAILY LAW TIPS (Tip 345) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

THE AGRICULTURAL AND RURAL MANAGEMENT TRAINING INSTITUTE.
DAILY LAW TIPS (Tip 344) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

To meet management training needs in agricultural and rural development organisations across Nigeria, the Federal Government of Nigeria enacted an Act and established the Agricultural and Rural Management Training Institute. The Institute has statutory mandate to design and implement training programmes for managers, employees and students in the agricultural and rural development sector of Nigerian economy. The Institute is established located at Ilorin, Kwara State with a Board of Governors and a Director.

My authorities are sections 1, 2, 3, 4, 16 and 17 of the Agricultural and Rural Management Training Institute Act, 1980.

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

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*5 PERSONS THAT SHOULD BE PRESENT BEFORE AN ARRESTED PERSON WILL MAKE STATEMENT IN POLICE.*
Daily Law Tips (Tip 343) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Police and other security agencies in Nigeria have no right whatsoever to FORCE/CAJOLE/INTIMIDATE an arrested person to make any oral or written statement. It is the right of an arrested person to make or not to make a statement. It is the duty of police to carry out investigations and not to force arrested person to make statements.
However, if an arrested person wants to make a statement, it is the right of the arrested person to make his statement in the presence of a legal practitioner of his choice (and not a lawyer provided by police). Where arrested person has no lawyer of his choice, then he can make his statement in presence an officer of the Legal Aid Council of Nigeria or an official of a Civil Society Organisation or a Justice of Peace or even any other ordinary person including a woman.

Recommendation: The use of the word “MAY” in the sentence, “Such statement MAY be taken in the presence of a legal practitioner....” should be made to be “SHALL”. This will remove discretion from police and ensure greater compliance. Considering the poor attitude of security agencies in Nigeria, there is a serious need for lawyers and third parties to observe and participate in management of arrested/detained persons to ensure respect for human rights. This is very important since the section of the law providing for confessions to be recorded on video also uses “MAY” and most police stations have no cameras and steady power supply.

My authorities are sections 15(4), 15(5), 17(1), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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*YOU MUST SEND NOTICE OF CHANGE OF ANY VEHICLE’S ENGINE TO GOVERNMENT.*
DAILY LAW TIPS (Tip 342) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Government regulates the registration of vehicles in any part of Nigeria, through its licensing authority.
Where a vehicle owner changes the engine of his/her vehicle, such owner must send notice of change of engine to the licensing authority where the car was originally registered. All necessary fees must be paid too. The Vehicle Replacement of Engine Notification Form (FORM MVA 7) must contain personal information of the vehicle owner and his/her passport photograph as well as details of the old and new engines.

My authorities are Regulations 14, 231 and 232 of the National Road Traffic Regulations, 2012.

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

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IS ELECTRICITY THEFT (BYPASS) REALLY A CRIME IN NIGERIA.
DAILY LAW TIPS (Tip 341) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Like any other commodity that can be stolen, it is a criminal offence to steal electricity in any part of Nigeria. Electricity theft is the act of knowingly and willingly stealing, diverting or using electricity or electric current. Note that, the person that did an illegal connection, as well as persons that are using illegal electricity are all guilty.

Where the crime is in any state in the Northern part of Nigeria including Federal Capital Territory, the punishment for such is imprisonment for not more than 5 years or and with fine. Where the crime is in any state in the Southern part of Nigeria, the punishment is 3 years without an option of fine.

Note also that, across all parts of Nigeria, illegal disconnection, tampering, meddling and inference with electricity meter, fittings or appliances for generating, transmitting. distributing, supplying, calculating, converting or selling electricity is an offence punishable with maximum of 21 years imprisonment. This is necessary to mention, since most electricity theft includes unlawful tampering and interferences with electric fittings and meters. 

My authorities are

1. Sections 286(2) and 287 of the Penal Code Act 1960

2. Sections   1 and 400 of Criminal Code Act, 1916.

3. Sections 1(10) and 5 of the Miscellaneous Offences Act, 1983.


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*IT IS NOW AN OFFENCE TO FORCE WIFE/HUSBAND TO STOP WORKING.*
DAILY LAW TIPS (Tip 340) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

It is a criminal offence for any person to cause forced financial dependence or economic abuse of another person. Hence, it is a crime for husband/wife to force the order to stop work or financially dependence on another or any form of economic abuse including denial of inheritance, deprivation of financial resources and household necessities.

The offence is punishable with imprisonment for not more than 2 years and or fine of not more than #500,000.00.

Also note that, it is an offence to merely attempt to commit this offence or to incite or aid another in the commission of the offence. It is punishable with imprisonment for not more than 1 year and or fine of not more than #200, 000.00, respectively.

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

My authorities are sections 12, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and similar laws across states in Nigeria.

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*POLICE HAS NO POWERS TO FORCE AN ARRESTED PERSON TO MAKE STATEMENT*. Daily Law Tips (Tip 339) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

It is unlawful for any police officer or security agent to force any arrested or invited person to make or write any statement. Statements should not be obtained by force or deceit. Statement must not be made before an arrested person can be released or granted bail. It is the right of an arrested person to make or not to make a statement.

Well, considering the poor attitude of Nigerian security agents, instead of being molested and losing a limb, please do give them a statement and obtain your freedom. Then engage a good lawyer to go after the concerned arresting officers.

My authorities are sections 17(1), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

#CriminalJusticeMonday
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FALSIFICATION OF AGE & ITS PUNISHMENT IN NORTHERN NIGERIA. DAILY LAW TIPS (Tip 338) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*HOW TO APPLY FOR CONNECTION TO ELECTRICITY IN ANY PART OF NIGERIA.* DAILY LAW TIPS (Tip 337) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*IT IS AN OFFENCE TO CHANGE VEHICLE COLOUR IN NIGERIA WITHOUT APPROVAL.*
DAILY LAW TIPS (Tip 336) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

In Nigeria, vehicles are to be registered and their specific colours noted. Before any vehicle colour can be changed, there must an approval from the Licensing Authority of the state. After payment of a fee, a new vehicle license will be issued and the old license will be withdrawn.
It is an offence to change a vehicle colour without an approval. It is punishable with fine of #3,000.00 and or 6 months imprisonment.
Note that, an unapproved change of vehicle colour renders a vehicle license invalid and useless.

My authorities are Regulations 13, 231 and 232 of the National Road Traffic Regulations, 2012.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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