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Such money to be withdrawn within such time must not be more than the amount that was approved for the previous year’s budget for such period of time.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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 144)
“Who Can Inherit Property Of A Dead Person In Nigeria.”

“WILL” is not an invitation to death rather a strict instruction on how one’s property should be shared when he is dead. Where there is no “WILL”, the following persons can inherit the property of their dead ones in this particular order of priority:
1. Wife/Husband of the deceased

2. Where there is no Wife/Husband, then the children of the deceased.

3. Where the children died during the lifetime of deceased leaving grandchildren, then the said grand children of the deceased.

4.Where there is no child, then the Mother/Father of the deceased.

5. Where there is no Mother/Father, then the Brothers and Sisters of the deceased.

6. Where the brothers and sisters of the deceased died during the lifetime of the deceased, then the children of the late brothers and sisters of the deceased.

7. Where there are no children of brothers or sisters, then the step-brothers and step-sisters of the deceased.

8. Where the step-brothers and step-sisters, of the deceased died during the lifetime of the deceased, then the children of the step-brothers and step-sisters of the deceased.

9.Where there are no children of step-brothers and step-sisters, then the Grand-Father and Grand-Mother of the deceased.

10.Where there are no grand-fathers and grand-mothers, then the direct Uncles and Aunts of the deceased.

11. Where there are no Uncles and Aunts, then the creditors of the deceased.

12. Where there are no Creditors, then the Administrator-General of the State.

My authorities are section 49(1) of Administration of Estates Law, Lagos State and similar laws in other states of the Federation and the case of Williams V. Ogundipe (2006) ALL FWLR (part 327)p.540.

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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 123)
“A Lawyer’s Bank Account is Exempted from EFCC, SCUML, NFIU and Police Registration/Clearance.”

Most ignorant banks will request that a lawyer obtains a proof of registration with Special Control Unit Against Money Laundering (SCUML) before a law firm’s bank account can be created; this is to enable EFCC and other agencies monitor such accounts easily.

This is wrong and illegal. Special Control Unit Against Money Laundering(SCUML), the National Financial Intelligence Unit (NFIU), the Economic and Financial Crimes Commission (EFCC) have no right to demand registration and seek regulation of lawyers, their law practice and management of clients accounts.

Don’t let any bank or security agency muscle you into illegality. Enjoy your lawyers privileges!

See sections of 192 and 195 of Evidence Act, sections 5 and 25 of Money Laundering (Prohibition) Act, Rule 19(1) of the Rules of Professional Conduct for Legal Practitioners 2007 and the Federal High Court decision on Registered Trustees of Nigerian Bar Association V. AGF & CBN (Suit No: FHC/BS/173/2014) And the Court of Appeal decision in the case of CBN V. NBA & AGF (Appeal No: CA/A/202/2015)

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