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 147)
“Law Firms/Chambers Cannot Be Engaged and Briefed To Render Legal Services or Sign Documents”.

The practise of law is reserved for legal practitioners that are called to the Nigerian Bar and their names enrolled in the records of Supreme Court of Nigeria. Hence, the service of a lawyer cannot be rendered by a company, business name, partnership, firm or chamber of lawyers rather by the lawyers therein. Such institutions and formations are not lawyers licensed to practise although their owners, promoters, members and staff are licensed lawyers. So you engage lawyers and not law firms!

My authorities are sections 2 and 24 of Legal Practitioners Act and the Supreme Court decision in Okafor V. Nweke (2007)10 NWLR (PT.1043) 521 at 531.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 146)
“Disputes Arsing From Co-Operative Society’s Business May Be Resolved By Arbitration But The Arbitration and Conciliation Act Cannot Be Applied to Such Disputes and Proceeding”

Any dispute arsing from the businesses and transactions of a co-operative society may be resolved by arbitrators in an arbitration proceedings upon a referral from the Registrar of Co-Operative Societies. Although such disputes and their arbitration proceedings cannot be subjected to the provisions the extant Arbitration and Conciliation Act. This is to clear the fallacy that disputes arsing from the businesses and transactions of co-operative societies cannot be resolved by arbitration.

My authorities are section 44 and 69 of Co-Operative Societies Act and other similar laws in other states of the Federation.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 145)
“Power Of Attorney Can Not Transfer Ownership/Title Of A Property”

Power of Attorney is an instrument that merely delegates, extends and offers limited powers to a person to do something. It cannot and does not transfer, vest, confer or alienate the title and ownership of its Donor. It is wrong to use or have only a power of attorney as prove of ownership of title. Though some states allow the registration of power of attorney, it is actually registered as an instrument allowing and authorising execution of another instrument for alienation, sale and transfer of ownership. So, Deed of Sale, Deed Of Assignment, Deed Of Conveyance and Deed Of Transfer are better options.

My authorities are section 2 of Land Instruments Registration Law, Vol. 3, Laws Of Ogun State, 2006 and similar laws in other states of the Federation as well as the cases of Ude V. Nwara (1993)2 NWLR Part 278, 647 and Olorunfemi V. Nigeria Educational Bank Limited (2003) NWLR Part 812,p.1.


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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 143)
“An Ordinary Person Can Arrest A Criminal Suspect Even Without A Warrant In Nigeria”.

Just like Police Officers, an ordinary person can arrest any person reasonably suspected of having committed a felony(a crime punishable with 3 years imprisonment or more).
In such circumstances, you don’t need a police officer to arrest such a suspect and if in arresting such a person, you threaten or assault such person, you will not be liable. After an arrest, you are to handover such person to a police officer or nears police station.

My authorities are section 12 of Criminal Procedure Act, section 28(d) of Criminal Procedure Code and the Supreme Court Judgment in the case of Nweke V. The State (1965) 1 ALL NLR 114.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 142)
“After A Property Occupied By Tenants Is Sold, Who Should Such Tenants Hold Responsibile?”

Tenants and landlords are bound by their tenancy agreements, whether written or oral.
During the pendency of a tenancy, the concerned property may be sold but both the old and new landlord MUST honour and respect existing tenants and their tenancy agreements. The old landlord is still bound to such tenants and their tenancy agreements. The new landlord cannot interfere with tenancy agreements between the tenants and the former landlord. A tenant can even challenge the title of a new landlord that became a landlord during the pendency of the tenant’s tenancy.

My authority is the case of ADEMOLA A. ODUNSI & ANOR V. DR. STEPHEN R. ABEKE (2002) LPELR-12167(CA).
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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 141)
“Value Added Tax (VAT); Who Pays and Who Collects.”

Value Added Tax (VAT) is an indirect tax paid to Federal government of Nigeria on certain specified consumed goods and services. It is payable by the final consumer of such VATable goods or service. It is presently calculated at 5% of final value of VATable goods and services. It is payable to Federal government of Nigeria, only. Businesses, companies, individuals, partnerships and business names located in any part of Nigeria that deal on VATable goods and services are to charge VAT on them, receive VAT from consumers and then remit such to Federal Inland Revenue Services(FIRS) every month.

My authorities are sections 4, 8, 12, 14 and 15 of the Value Added Tax Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 140)
“Right Against Confiscation of Property In Nigeria.”

Every person in Nigeria has a fundamental human right to acquire a property in any part of Nigeria as well as a right not have its property confiscated or compulsorily acquired. No property can be confiscated for any reason whatsoever by any person, body, agency or government. Note that it is only a court of law that can order the forfeiture, confiscation or takeover of any person’s property.

My authorities are sections 43 and 44 of the Constitution of the Federal Republic of Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 139)
“Persons Exempted From National Youth Service Corps in Nigeria”.

Every Nigerian graduate is mandated to enrol for a compulsory one year national service.
Conditions that may exempt a Nigerian graduate from National Youth Service Corps, includes;
1. The person is over thirty (30) years old at the point of graduation.
2. The person served in the Nigerian Army or Police for more than 9 months.
3. The person is a staff of State Security Service and National Intelligence Agency.
4. The person holds a National award.

My authority; section 2 of National Youth Service Corps Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 138)
“EFFECT OF DATABASE OF FEDERAL CONTRACTORS, CONSULTANTS AND SERVICE PROVIDERS (DFCCSPs)”.

The Bureau of Public Procurement (BPP) keeps a Database of Federal Contractors, Consultants and Service Providers (DFCCSPs). A company, business name or an individual cannot bid for a federal government contracts without a proof of registration from BPP.

My authority; section 5 of Public Procurement Act.

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