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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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 215)
“Criminal Suspects Must Be Tried In Accordance With Known Law And Not Culture/Religion/Dictates of any Group or Person”.

Suspects of crime are assumed innocent and can only be tried in accordance with known laws and not according to any religion, culture, will of any group, cult or association or dictates of any person, politician, king or clergy.
In Abuja, Federal Capital Territory of Nigeria suspects are to be tried according to the Administration of Criminal Justice Act. The ACT is also used to try federal criminal cases in Federal High Courts located in any part of Nigeria.

My authorities are section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and section 8 (4) Administration of Criminal Justice Act,2015.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 209)
“Adultery Is Not An Offence In All States In Nigeria.”

Adultery is an offence only in the northern part of Nigeria. It is not an offence in the Western, Eastern and Southern parts of Nigeria. Hence, adultery as a crime in states in Northern Nigeria, it is punishable with 2 years imprisonment and or with an option of fine. In the other parts of Nigeria, no person can be charged to court for adultery.

My authorities are sections 387 and 388 of the Penal Code Act, 1960.

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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 208)
“Which Court Can Try Cases Of Bounced/Dud Cheque In Nigeria ?”.

It is only a High Court of any of the 36 States in Nigeria and the High Court of The Federal Capital Territory that can entertain and try cases of dud/bounced cheque brought pursuant to Dishonoured Cheques (Offences) Act. Hence, no Customary Court, Area Court, Magistrate Court or Federal High Court has jurisdiction to handles such cases.
However, if an offence of issuance of Bounced/Dud cheque must be brought under any other court apart from a High Court, then such case must be charged under a different legislation other than the Dishonoured Cheque(Offences) Act.

My authorities are sections 1 and 2 of the Dishonoured Cheques (Offences) Act, 1977.

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

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

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

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 151)
“Dud/Bounced Cheque Offences Cannot Be Tried In Magistrates Courts In Nigeria.”

It is a criminal offence for one’s Cheque to be dishonoured(refused) by his bank. It is an offence punishable with 2 years imprisonment. Only High Courts of States can try and entertain cases of bounced Cheques, fake Cheques and dishonoured Cheques. Hence, such cases cannot be entertained by any Magistrate Court in Nigeria for lack of jurisdiction.

My authorities are sections 1 and 2 of the Dishonoured Cheques (Offences) Act.

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

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

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

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 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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