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 250)
“CAN POLICE RELEASE, RECOVERED PROPERTY TO ITS OWNER, EVEN WHERE IT’S AN EXHIBIT TO BE USED IN COURT”.

Often times, Police officers refuse to release stolen but recovered property to their owners under the excuse that such are “exhibits” to be used in court against arrested suspects. This causes hardship and even damage to property.

Now by the Administration of Criminal Justice Act 2015, upon a request, a police officer has right to release any property recovered from an arrested suspect to the owner of such property or to any person that has interest on such property. Such property is to be released on bond (an undertaking to return such property where the need arises) until such arrested suspect is sent to court.

If police fails to release such property, then such police must make a report to the court stating information of the property recovered from the arrested suspect and the court can then order that such property be returned to its owners in the interest of justice, where necessary.

Note that where an arrested suspect is released and not charged to court for lack of evidence, any property recovered from such arrested suspect must be returned to him unless there is proof that such property is connected to crime.

My authorities are sections 10(4)(5)(6)and 7 and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws in states across 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 249)
“IT IS A CRIME TO ALTER OR DESTROY VOTER’S REGISTRATION NOTICE/INFORMATION”.

Independent National Electoral Commission (INEC) has powers to provide information for registration of voters. It is an offence for any person to alter, destroy, change, remove or cancel any information or notice provided for registration of voters. It is an offence punishable with a maximum fine of N1 Million Naira and or term of imprisonment for 12 months.

My authorities are sections 117(1)(a) and (I) 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 issues 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 248)
“A FEMALE TOO, CAN BE GUILTY OF RAPE IN NIGERIA”.

Before now, rape was considered in Nigeria as penetration of vagina with penis without consent, thereby making it an offence for Males only. That has changed.
Now, RAPE is where there is an intentional but unauthorised penetration of vagina, anus or mouth of another person with any part of the body or anything else. Hence, males like females can sue for rape and also rape can be of anal/mouth too.

My authorities are sections 1, 47 and 48 of the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation.

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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This 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 247)
“WHICH COURT CAN HEAR CASES OF LAND DISPUTES IN VILLAGES AND RURAL COMMUNITIES IN NIGERIA”.

Where there is a dispute over land under customary ownership or located in rural areas under customary laws, such dispute must be determined in an Area Court or Customary Court or any equivalent court in any state In Nigeria.

My authorities are sections 41 and 52 of Land Use Act, 1978.

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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This 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 246)
“HOW TO DETECT AUTHENTIC DOCUMENTS MADE BY A COMPANY”

Documents including receipts, contracts and appointments from a company are often falsified, there by throwing third parties into doubts when transacting with companies. A document from a company which requires authentication must be signed by director, Secretary or any other officer of such company with or without seal of the company.

My authorities are sections 77 and 696 of the Companies and Allied Matters Act, 1990.

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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This 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.

Powered by www.LearnNigerianLaws.com

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 245)
“AN ARRESTING POLICE OFFICER CAN SEIZE ANY WEAPON FOUND”

An arresting police officer does not need a court order to seize any instrument of violence and poisonous materials found on any suspect. Even a civilian, a non police office making an arrest has rights to seize such weapons and poisonous materials too.

My authorities are sections 9(4) and 494 of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws
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 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.

Powered by www.LearnNigerianLaws.com

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.

 

#DailyLawTips
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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This 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.

Powered by www.LearnNigerianLaws.com

DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 244)
“IT IS AN OFFENCE TO SELL OR BUY VOTER’S CARD IN NIGERIA”.
 
Voter’s card is not a commodity for buying and selling. You are not allowed to loan, transfer, share, sell, alienate, mortgage or buy a voter’s card in any part of Nigeria. Selling or buying voter’s card is a criminal offence punishable with a maximum fine of N1 Million Naira and or imprisonment for 12 months.

My authorities are sections 120 (d) and 158 of the Electoral Act, 2010.

DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 244)
“IT IS AN OFFENCE TO SELL OR BUY VOTER’S CARD IN NIGERIA”.
 
Voter’s card is not a commodity for buying and selling. You are not allowed to loan, transfer, share, sell, alienate, mortgage or buy a voter’s card in any part of Nigeria. Selling or buying voter’s card is a criminal offence punishable with a maximum fine of N1 Million Naira and or imprisonment for 12 months.

My authorities are sections 120 (d) and 158 of the Electoral Act, 2010.

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 242)
“WHEN TO SUE AN ANNOYING PUBLIC OFFICER IN NIGERIA .”

Where a public officer (government staff) or even government institutions wrongs you while performing his/her/its official duties, you have a right to sue such person/institutions in a court. If you wish to sue such public officer/institution you must do so within 3 months from the date you were wronged. Public officers include all local governments, state governments and federal government workers, civil servants, public office holders, government institutions, civil service commission, government companies, agencies, schools and even any ordinary person executing public/government duties. After 3 months such public officers/institutions cannot be sued in Nigeria.
Note that where a public officer/institution acts outside his/her/its duties or out of malice(wickedness) or for private gains he/it is not protected and can be sued even after 3 months.

My authorities are sections 1 and 2 of the Public Officers Protection Act 1916, the Public Officer Protection Laws of states across Nigeria and the Judgements in the cases below:

1. INEC V. OGBADIBO LOCAL GOVERNMENT & ORS (2015) LPELR-24839(SC)

2. Abubakar & ANOR V. The Executive Governor, Gombe State and Ors (2002) LPELR-11247(CA).

 

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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!

To receive our Daily Law Tips for free follow our Facebook page, Twitter, Instagram and YouTube via “@LearnNigerianLaws”.
This 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.

Powered by www.LearnNigerianLaws.com

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