Daily Law Tips (242)

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 161)
“There Is A Prohibited Line For Positioning Of Buildings On Your Land”

There are laws regulating the positioning of buildings and other obstructions with reference to roads. Presently, in Abuja and most states in Nigeria, you cannot build anything within 30.48 meters of the centre line of a road. Hence, that part of your land must be left empty. Doing otherwise is a criminal offence.

My authority is sections 5 and 8 of the Building Lines Regulation Act, 1936, LFN (Abuja) and other similar equivalent laws of other states of Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 160)
“Legal Remedies Can Be Sought Not Only For Breach But Fear Of Breach Of Fundamental Human Rights.”

Aside where there is a breach of fundamental human right, one can approach a court and seek legal remedies where there is a likelihood that his/her fundamental human right is about to be breached. So, one does not need to wait for his fundamental human right to be breached before he goes to court to seek remedies.

My authority is Order II Rule 1 of the Fundamental Rights (Enforcement Procedures) Rules, 2009.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 159)
“Unlike A Company, A Business Name Cannot Own Land In Nigeria”.

Like a human being, a company is a corporate being that can own property, sue and be sued. A business name is neither a human being nor a corporate being that can own, acquire, maintain and sell a land or landed property in any part of Nigeria.

My authority is section 37 of Companies and Allied Matters Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 158)
“Bail Is Free and Constitutional In Nigeria”.

BAIL is free both in any security agency (DSS, Army, police stations, police posts, police headquarters) and any courts across Nigeria. Police can grant bail to a Suspect and a Court can grant bail to an Accused Person (Defendant) or Convicted Person. Bail requires no Fee, Gift, Processing Fee, Management Fee, Surety Fee, Appreciation Fee, File Fee or Payment whatsoever. Even the Surety (locally known as Shorty) is not suppose to pay money for bail rather is to sign a bail bond.

My authority are section 35 of the Constitution of Federal Republic of Nigeria,1999, section 27 of Police Act, sections 17 and 118 of the Criminal Procedure Act and sections 129,340 and 341 of Criminal Procedure Code.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 157)
“Who Pays For Properties Damaged or Lost In A Riot In Nigeria”.

Most times, where there is a riot, properties are damaged, stolen and lost. It is not the duty of owners of such properties to suffer and pay for the effect of a riot. Rather Government pays compensation to owners of such properties. The compensation is subject to the consent of the Minister of Finance.

My authority is the Riot (Damages) Act, 1963.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 156)
“Effect Of A Notice To Quit In Nigeria”.

First of all, a “Notice To Quit” (Quit Notice) is an Information from a landlord or his agent to a tenant, informing the tenant that the tenant should leave the landlord’s property once the present rent(tenancy period) expires. It may be a week, month, quarter or half a year depending on the tenancy agreement between a landlord and his tenant or by their type of tenancy. “Notice to Quit” should be given during the existence of a tenancy period and should expire ealier or on the same day that the tenancy period will expire. Hence, it is not suppose to be an extra period (not even a day extra) after the expiration of rent(tenancy period) for a tenant to stay, search for another house and pack out.

My authorities are sections 7, 8 and 9 of the Recovery of Premises Act (LFN,ABUJA) and other similar laws in the other 36 States in Nigeria for recovery of premises, the landlord and tenants matters.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 155)
“Monthly Deadline For Filling Returns On Value Added Tax (VAT)”.

Value Added Tax (VAT) collected in a given month is to be remitted to Federal Inland Revenue Service (FIRS) on or before the 21st of the next month. Hence, all VAT Collection Agents must file their VAT Returns within that period to avoid penalty.

My authority is section 15 of the Value Added Tax Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 154)
“You Cannot Enforce A Judgement After 2 Years and 6 Years Against A Party and His Representatives Respectively.”

Where judgement is given by a court, the judgment creditor has 2 years to enforce such judgment against the judgement debtor. Where a judgement creditor intends to enforce judgment against any representative of a judgment debtor, should be done within 6 years. Also note that were time elapses, court can grant leave.

My authorities are Order 4, Rule 8 of the Judgements (Enforcement) Rules and section 94 of the Sheriffs and Civil Process Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 153)
“A Minor Can Be A Shareholder But Not A Director In A Nigerian Company.”

A minor is one who is less than 18 years old. Such a person can be a shareholder in any company so far as they are at least 2 other shareholders who are adults. A minor can never be a director in any company in Nigeria. Directors see to the day to day running of a company and a minor obviously can’t handle such tasks.

My authorities are sections 20, 80 and 257 of the Companies and Allied Matters Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 152)
“Who Owns Creations, Discoveries and Inventions Made By An Employee/Agent?

While at work, employees, staff, workers and even agents make registrable intellectual properties(creations, discoveries and innovations) worth billions of Naira. The ownership of such intellectual properties belongs the employers and masters of such employees, workers and agents. Such ownerships are not negotiable or changeable by any agreement because it is provided by law to always belong only to employers. It is understandable because employees use the resources of their employers in making their discoveries and creations.

My authorities are sections 2(4) and 14(4) of the Patent and Designs Act.

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