DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 260)
“CAN AN ARRESTED PERSON BE MEDICAL EXAMINED WITHOUT CONSENT”

Police or any other government owned security agency has right to arrest any person and medically examine such person without consent of the arrested person for needed evidence. The police can even use reasonable force where necessary in conducting such medical examination. Note that the medical examination must be conducted by a qualified medical practitioner or professional with needed skills.

My authorities are sections 11, 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 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 132)
“The Condition For A Landlord To Refund His Tenant For Repairs Made On A Rented Apartment In Nigeria”.

It is not in all cases that a landlord is to refund his tenant for repairs made by the tenant on his rented apartment. The condition for refund is existence of a WRITTEN CONSENT. There must be a written consent by a landlord to a tenant, authorising tenant to repair his rented apartment before such tenant can seek a refund/set-off of money spent on such repairs. Courts in Nigeria will not order refund of money spent on repairs by a tenant unless there is a written authority from landlord consenting to such repairs. Oral agreements are not allowed!

My authorities; section 15 of Recovery of Premises Act, Laws of Nigeria(Abuja) and other similar laws across 36 states of Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 127)
“Electricity Meter and Rights of Electricity Consumers in Nigeria”.

1. Meter Assets Provider (MAP) has a duty to repair or replace a customer’s faulty meter within 2 working days.
2. The repair or replacement of faulty meter shall be at no cost to the customer within the amortisation period, if the damage is not his fault.
3. Where MAP fails to repair or replace a meter within 2 days, the customer shall not pay metering service charge/fee for that period.
4. Where MAP is unable to provide a replacement meter, electricity bill will be calculated on average of the last 3 months bills.
5. A relocating customer within a franchise area shall apply to the Distribution Company(DISCO) for transfer of services and unspent energy credits.
6. Meter shall to be installed free of charge but customer will be charged for metering service every month via energy bills.
7. Customer can elect to pay for meter and installation in full upfront/ahead of meter installation to avoid monthly metering service charge.
8. Where a customer elects to pay for a meter, same shall be installed at his premises within 10 working days of his payment.
9. Meters and metering equipment shall be insured by MAP.
10. Within 120 days from 3rd April 2018, the Nigerian Electricity Regulatory Commission will issue an Order limiting chargeable bills of unmetered customers to avoid outrageous estimated billing systems.

My authorities: Regulations 1, 14, 16, 17, 18, 20 and 31 of the Meter Assets Provider Regulations 2018 (Regulation Number:NERC-R-112) and section 96 of the Electric Power Sector Reform Act.

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