Daily Law Tips (349)

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 264)
IT IS ILLEGAL FOR AN ASSOCIATION/GROUP APART FROM A POLITICAL PARTY TO CAMPAIGN FOR A CANDIDATE.

The only associations allowed to canvass for votes for any candidate at any election or are political parties. Hence, no other association, group or movement is allowed to canvass and campaign for votes for any candidate at any election in any part of Nigeria.

My authorities are sections 221 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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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 publication 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 263)
WHO ARE THE SHAREHOLDERS OF THE CENTRAL BANK OF NIGERIA.

Central Bank of Nigeria is created to promote stability and continuity in economic management of Nigeria, among other things. The minimum authorised capital of the bank is One Hundred Billion Naira. The capital are all subscribed and held by only the Federal Government. Hence, the Federal Government of is the only shareholder of Central Bank of Nigeria. So, no individual, company, bank, foreign agency, state, state government or local government is permitted to be a shareholder of the Central Bank of Nigeria.

My authorities are sections 4, 60 and 61 of the Central Band of Nigeria Act, 2007.

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 262)
WHEN LAWYERS CAN PERSONALLY STAND BAIL FOR CLIENTS.

There is popular saying in Nigeria, that a lawyer cannot be surety and take a client on bail. Well, this is NOT true! There is no law that stops a lawyer from being a surety and taking a client (who is a suspect) on bail in any where in Nigeria. The Rules of Professional Conduct for Lawyers expressly prohibits lawyers from being sureties and taking their clients (who are accused persons) on bail in any court in Nigeria. The Rules purposely mentioned only courts and excluded detention centers including Police stations, Economic and Financial Crimes Commissions(EFCC), Independent Corrupt Practices Commission (ICPC), Department of State Services (DSS) and all other security agencies. Consequently, it is not a professional misconduct for a lawyer to be a surety and take his client who is a suspect on bail in any place but cannot do so for his clients who are accused persons in any court.

My authorities are Rules 37(1) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 261)
LIST OF FRUITS/PLANTS PROHIBITED FROM IMPORTATION IN NIGERIA.

Some fruits/plants whether living or dead are allowed to grow in Nigeria but cannot be imported into Nigeria or can only be imported with written permission. This is to control plant diseases and pests in Nigeria. It also extends to even soil.
Hence, the importation of prohibited fruits/Plants/Soil is a criminal offence punishable with fine of not more than One Hundred Naira or imprisonment for not more than six months and cost of destruction/exportation of such prohibited fruit.

Below are fruits, plants and soil prohibited from being imported into any part of Nigeria:

1.Banana and Plantain (leaves and fruits)
2. Beans (grains from USA, Bulgaria and some other countries)
3. Cassava ( All parts expecting vegetative propagating materials and seeds)
4. Citrus (Vegetative materials except for propagation)
5. Coconut (Vegetative materials)
6. Coffee(All parts including fruits except Vegetative propagating materials and seeds)
7. Cotton
8. Cowpea
9. Date Palms All parts including fruits except Vegetative propagating materials, fruits and seeds)
10. Fresh Fruits of any specie (from Asia eas of 60* longitude, Mauritius, Central and South America)
11. Gramineae (their flower heads, foliage,hay, fodder and litter)
12. Grape Vine (Vegetative propagating materials)
13. Groundnut(Vegetative materials except for propagation)
14. Maize (their hay, fodder, straw and litter for packing except seeds and unmilled grain for consumption)
15. Oil Palm (Flowers, foliage and all timber)
16. Peas and related plants (their Vegetative material including hay, fodder and litter).
17. Pepper and Chillies (their Vegetative materials and fresh fruits)
18. Pineapple (their fruits)
19. Potatoes (All parts except seed tubers, tubers or consumption and seeds)
20. Rice (Vegetative Materials)
21. Rose and Strawberry (Vegetative materials)
22. Rubber Trees (All parts except Vegetative propagating materials and seeds)
23. Soils and Composts(for any use other than scientific and analytical purposes)
24. Sorghum (All parts except Vegetative propagating materials and seeds)
25. Soya Bean (Vegetative materials)
26. Sugar Cane( Cane for consumption, flower heads and foliage)
27. Sweet Potato (All parts except Vegetative propagating materials and seeds)
28. Tea (From any part of the world except African Continent)
29. Tobacco (Vegetative materials and seeds)
30. Tomatoes (Vegetative materials and fresh fruits)
31. Wheat, Barely, Oats and Rye( Vegetative materials)
32. Walnuts (Vegetative materials)
33. Yam (All parts except Vegetative propagating materials and seeds as well as Tubers for consumption).

My authorities are sections 1 2 and 5 of the Agriculture (Control of Importation) Act, 1964 and Paragraphs 2, 5, 7 and 9 of the Plants, etc.(Control of Importation) Regulations 1970.

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 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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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 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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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 258)
OFFENCES THAT CAN BE COMMITTED WITH A BALLOT PAPER IN NIGERIA.

Ballot Paper is an important election material. It is said that, Ballot Paper is stronger than a bullet. You indicate your choice of candidate on a ballot paper.

The following are electoral offences that can be committed on or using a ballot paper;
1. Forging of ballot paper or official mark on it.
2. Destruction of ballot paper
3. Giving of ballot paper to another person without authority and
4. Removal of ballot paper from any polling station
The punishment for any of the above offences is imprisonment for not more than 2 years.

Another set of offences concerning a ballot paper is;
1. Unauthorised printing of ballot paper or fake ballot papers
2. Printing more than the approved numbers or quantity of ballot papers approved by Independent National Electoral Commission (INEC)
3. Possession of ballot paper when not in process of voting
4. Manufacturing, Construction, importation, supply of devices or mechanism for secret storage or diversion of ballot papers in Nigeria.
The punishment for any of the above offences or an attempt to commit such is imprisonment for not more than 10 years and or N50, 000, 000.00.

My authorities are section 118(1)(e)(f)(g)(i), section 118(2),(3) and 158 of the Electoral Act, 2010.

 

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 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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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 256)
“DURATION FOR COMMUNICATION OF INJURY BY WORKERS TO AVOID LOSS OF COMPENSATION IN ANY WORKPLACE IN NIGERIA.”

Employee, workers, staff, contract staff, permanent and temporal staff of any government or private sector are all protected and to be paid for injury/disease/death sustained because of their work. Where an employee has such injury he must communicate same to his employer through a manager, supervisor or agent in charge of the place of work within 14 days. Where such employee is dead, then his dependants must make the communication. The communication must contain the name of the employee, time and place of event as well as the nature and cause of same in simple language.
Where an employee or his dependants fail to make such communication, they are prohibited from making any claims for compensation under the Employees’ Compensation Act. The Board of Nigeria Social Insurance Trust Fund May still allow such employee/his dependants to make claims where the board believes that the employer of such employee is aware of the incident and has not been prejudiced and the employee sufficiently described his disease or injury.

My authorities are sections 4(1) and (4), 73 and 74 of the Employees’ Compensation Act, 2010.



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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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 255)
“IS AN ARRESTED PERSON ENTITLED TO LIST OF ALL PROPERTY TAKEN FROM HIM”

Gone are the days property of an arrested person are stolen or lost by an arresting officer. It is the duty of an arresting police officer to record details and inventory of all items and property recovered from an arrested person. Such must be signed by both the police officer and arrested person. Then, the arrested person and his lawyer as well as any other person the arrested person may authorise are entitled to copies of the inventory.

My authorities are sections 10(1), (2), (3) and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

 

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

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 publication 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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