Daily Law Tips (221)

Every weekday, we give free short tips on laws, rights, duties, procedures and legal remedies available in Nigeria (#DailyLawTips). And, on Mondays, our daily law tips focus only on Criminal Justice (#CriminalJusticeMonday). We share our DAILY LAW TIPS for free on our Website (www.LearnNigerianLaws.com), Instagram, Facebook, Whatsapp and Twitter accounts (@LearnNigerianLaws) to promote understanding of law.   

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 248)
“A FEMALE TOO, CAN BE GUILTY OF RAPE IN NIGERIA”.

Before now, rape was considered in Nigeria as penetration of vagina with penis without consent, thereby making it an offence for Males only. That has changed.
Now, RAPE is where there is an intentional but unauthorised penetration of vagina, anus or mouth of another person with any part of the body or anything else. Hence, males like females can sue for rape and also rape can be of anal/mouth too.

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

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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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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 247)
“WHICH COURT CAN HEAR CASES OF LAND DISPUTES IN VILLAGES AND RURAL COMMUNITIES IN NIGERIA”.

Where there is a dispute over land under customary ownership or located in rural areas under customary laws, such dispute must be determined in an Area Court or Customary Court or any equivalent court in any state In Nigeria.

My authorities are sections 41 and 52 of Land Use Act, 1978.

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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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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 246)
“HOW TO DETECT AUTHENTIC DOCUMENTS MADE BY A COMPANY”

Documents including receipts, contracts and appointments from a company are often falsified, there by throwing third parties into doubts when transacting with companies. A document from a company which requires authentication must be signed by director, Secretary or any other officer of such company with or without seal of the company.

My authorities are sections 77 and 696 of the Companies and Allied Matters Act, 1990.

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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 245)
“AN ARRESTING POLICE OFFICER CAN SEIZE ANY WEAPON FOUND”

An arresting police officer does not need a court order to seize any instrument of violence and poisonous materials found on any suspect. Even a civilian, a non police office making an arrest has rights to seize such weapons and poisonous materials too.

My authorities are sections 9(4) and 494 of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 243)
“IT IS A CRIME TO FAIL IN CHILD IMMUNISATION.”

Every parent/guardian with custody of a child in Nigeria, irrespective of tribe, religion and wealth must provide full immunisation for such child under the age of 2 years.
Failure to do so, is an offence punishable with a fine not exceeding #5, 000 Naira for first time offenders but imprisonment for not more than 1 month for second time or more offenders and also an order that such child be immunised.

My authorities are sections 4, 5, and 278 of Child’s Rights Act, 2003.

 

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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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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 244)
“IT IS AN OFFENCE TO SELL OR BUY VOTER’S CARD IN NIGERIA”.
 
Voter’s card is not a commodity for buying and selling. You are not allowed to loan, transfer, share, sell, alienate, mortgage or buy a voter’s card in any part of Nigeria. Selling or buying voter’s card is a criminal offence punishable with a maximum fine of N1 Million Naira and or imprisonment for 12 months.

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

DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 244)
“IT IS AN OFFENCE TO SELL OR BUY VOTER’S CARD IN NIGERIA”.
 
Voter’s card is not a commodity for buying and selling. You are not allowed to loan, transfer, share, sell, alienate, mortgage or buy a voter’s card in any part of Nigeria. Selling or buying voter’s card is a criminal offence punishable with a maximum fine of N1 Million Naira and or imprisonment for 12 months.

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

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 242)
“WHEN TO SUE AN ANNOYING PUBLIC OFFICER IN NIGERIA .”

Where a public officer (government staff) or even government institutions wrongs you while performing his/her/its official duties, you have a right to sue such person/institutions in a court. If you wish to sue such public officer/institution you must do so within 3 months from the date you were wronged. Public officers include all local governments, state governments and federal government workers, civil servants, public office holders, government institutions, civil service commission, government companies, agencies, schools and even any ordinary person executing public/government duties. After 3 months such public officers/institutions cannot be sued in Nigeria.
Note that where a public officer/institution acts outside his/her/its duties or out of malice(wickedness) or for private gains he/it is not protected and can be sued even after 3 months.

My authorities are sections 1 and 2 of the Public Officers Protection Act 1916, the Public Officer Protection Laws of states across Nigeria and the Judgements in the cases below:

1. INEC V. OGBADIBO LOCAL GOVERNMENT & ORS (2015) LPELR-24839(SC)

2. Abubakar & ANOR V. The Executive Governor, Gombe State and Ors (2002) LPELR-11247(CA).

 

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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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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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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 240)
“SITUATIONS WHERE A MALE SECURITY OFFICER CAN SEARCH FEMALES IN NIGERIA.”

Above all, all searches must be conducted decently. By law a person can be searched by a police officer of same sex but where there is urgent situation or in interest of justice it is impossible for same sex police officer to conduct such search, a police officer of opposite sex can search a person of opposite sex. Hence, a male police officer can search a female suspect in such circumstances in any part of Nigeria. This extends to any officer of any law enforcement agency in Nigeria created by Act of National Assembly, like EFCC, DSS, NSA, NDLEA, ICPC, Customs, NAPTIP, Prisons and Civil Defence. This excludes all the private security companies and their officers.

My authorities are sections 9(3) and 494 of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

#CriminalJusticeMonday
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#LearnNigerianLaws
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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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