Daily Law Tips (289)

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.   

*CAN BANKS CHALLENGE COURT CASES/ORDERS ON BEHALF OF CUSTOMERS. * DAILY LAW TIPS (Tip 302) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

The answer is No. Particularly in cases of garnishee proceeding, where a bank is a garnishee, the only duty the bank owes is to show why monies kept or owed by it to a judgement debtor should not be ordered to be paid to a judgement creditor. Hence, bank has no power to argue and defend its customer (judgement debtor) or to protect monies of such customer or to contest the validity of a court order.
Note that, “Garnishee Proceedings” is a procedure where a judgement creditor (a winner in a case/successful litigant) sues a person/company holding the money/goods of a judgement debtor (a loser in a case/unsuccessful litigant) to pay/transfer such money/goods directly to the judgement creditor as away to enable a judgement creditor enforce his judgement.

My authorities are the Supreme Court decisions in the cases of GUARANTY TRUST BANK PLC V. INNOSON NIGERIA LTD (2017) LPELR-42368(SC) and also UNION BANK OF NIGERIA PLC V. BONEY MARCUS INDUSTRIES LTD (2005) 13 NWLR (PT. 943) 654 at page 666.

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HOW LONG CAN ARRESTED PERSON BE HELD BEFORE TAKEN TO POLICE STATION. DAILY LAW TIPS (Tip 301) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

First of all, any person in Nigeria can arrest a person he suspects to have committed an offence. Where and when any person is arrested for any offence, such arrested person must be IMMEDIATELY taken to a police station.
Hence, no person, party, company, church, royal home, estate, school, or family can arrest and detain any person/suspect without immediately handing over such arrested person to the nearest police station. This is also applicable to government offices and agencies that have no statutory powers to arrest, detain and prosecute criminal suspects.

My authorities are sections 14, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

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*HOW TO PROVE THAT A BANK IS LICENSED IN NIGERIA.* DAILY LAW TIPS (Tip 300) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

No bank can operate in Nigeria without a banking license from the Central Bank of Nigeria. The easiest way to prove that a bank has been licensed by Central Bank of Nigeria under the Banks and Other Financial Institutions Act by the production of a certificate by an officer of the bank that it has been duly licensed.

My authorities are sections 92 and 259 of the Evidence Act, 2011.

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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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*FOUR (4) CONDITIONS FOR AN ELECTION TO BE CHALLENGED IN TRIBUNAL/COURT. * DAILY LAW TIPS (Tip 299) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Any election in any part of Nigeria can be challenged in the appropriate tribunal/court.
The 4 Grounds/Conditions To Challenge An Election in Nigeria, are;

1. Elected candidate was not qualified to contest in election.
2. Election was invalid due to corrupt practises or non-compliance with the Electoral Act.
3. Elected candidate was not elected by majority of valid votes casted at an election.
4. A validly nominated candidate was unlawfully excluded from the election.

My authorities are sections 138 and 158 of the Electoral Act, 2010. Also, the decision of the Supreme Court in BUHARI V. OBASANJO (2003) 17 NWLR (Pt.850) 510 and the decision of Court of Appeal in the case of OKAFOR OKOREAFFIA & ANOR. v. HON. AGWU U. AGWU & ANOR. (2010) LPELR-4708(CA)

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*HOW TO PROVE ELECTRONIC SIGNATURES IN NIGERIA. * DAILY LAW TIPS (Tip 298) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

First of all, electronic signatures are allowed and acceptable in any part of Nigeria including courts. Electronic signatures can be proved by any manner. One of the ways to prove such is by showing there is a security procedure or system or symbol that exists which allows any person relying on any electronic signature to verify such signature before proceeding to rely on it and transact. The security procedure or system or symbol must be one that can prove that an electronic signature or record belongs to a person it claims to belong to.

My authorities are sections 93(3) and 259 of the Evidence Act, 2011.

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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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*DO YOU KNOW THAT EXAMINATION MALPRACTICE HAS BEEN A CRIME IN NIGERIA SINCE 1983. * DAILY LAW TIPS (Tip 297) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Not minding the incessant cases of cheating and examination malpractices in schools across Nigeria, examination malpractice has been a federal crime in Nigeria since 1983. The law extends cheating at examination to include even acts done before an examination in anticipation of an examination or at an examination. It also extends to children and adults, as well as teachers and any other person that aids in cheating at an examination.
The above offence is punishable with imprisonment for not more than 10 years.

My authorities are sections 1(16) and 5 of the Miscellaneous Offences Act, 1983.

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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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*WHY ELECTORAL/RETURNING OFFICERS CANNOT BE SUED IN NIGERIA.* DAILY LAW TIPS (Tip 296) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

No matter the level of complain and the involvement of electoral officers (including Presiding Officers, Returning Officers) in an election, they cannot be sued in an election petition, it is never necessary. Rather their employer, Independent National Electoral Commission (INEC) is to be sued as a Respondent and is always deemed to be representing and defending itself and its officers.

My authorities are sections 137(3) and 158 of the Electoral Act, 2010.

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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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*WHAT IS THE COMPULSORY PERIOD FOR YOU TO BE RECONNECTED TO ELECTRICITY OR BE PAID FOR DELAYED RECONNECTION BY DISCO. * DAILY LAW TIPS (Tip 295) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Where a customer is disconnected from electricity in any part of Nigeria for whatever reason, and such customer has met reconnection conditions including payment of reconnection costs and administrative costs, such customer must be reconnected to electricity within 48 hours by the concerned electricity Distribution Company (DisCo). Where a DisCo fails to reconnect a customer within 48 hours, then the DisCo must pay compensation to such customer as Delayed Reconnection Costs.

The approved Delayed Reconnection Costs(Compensation) payable by DisCos, are:

1. For Residential customer, DisCo must pay N1000.00 for each day
2. For a Commercial customer, DisCo must pay N1,500 for each day.
3. For an Industrial customer or Special customer, DisCo must pay N2,000 for each day.

Also note that DisCo is to pay a customer where a DisCo disconnects a customer without justification.

My authorities are Regulations 2 and 14 of the Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedures for Electricity Services, 2007 as well as Paragraphs 1, 2 and 3 of the Nigerian Electricity Regulatory Commission’s Order on Unauthorised Access, Meter Tampering and By-Pass (ORDER NO: NERC/REG/41/2017.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

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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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*LEGAL RIGHTS OF A HEART BROKEN LOVER WITH A PROMISE TO MARRY. * DAILY LAW TIPS (Tip 294) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Like any other agreement, a promise to marry someone is a serious agreement that when breached can cause legal action.
Where there is a promise to marry under the statutory law or customary law or Islamic law such promise is a binding agreement between the two parties(man and woman) involved. Hence, refusal to marry where there is a promise to marry is a breach of agreement and the refused lover can go to court and seek for damages. The damages may include money spent on love, wasted years, psychological trauma, emotional trauma and loss of other suitors.
A promise to marry must not be in writing, it may be oral too.

My authorities are Martins V. Adenugba (1946) 18 NLR 63 and the case of Miss Chinye Ezeanah V. Alhaji Mahmoud Atta (2004)7 NWLR (PT. 873) 468 or (2004)LPELR-1198(SC).

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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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*DAMAGE OF HIGHWAYS OR GUARD RAILS IS A CRIME IN NIGERIA.* DAILY LAW TIPS (Tip 293) By Onyekachi Umah, Esq., LLM. ACIArb(UK)
.

Whether for construction/installation purposes or by accident, any person who damages any highway or guard rails or any structure on a highway in any part of Nigeria, wilfully, unlawfully or maliciously and fails, refuses or neglects to repair such has committed an offence.
The above offence is punishable with imprisonment for not more than 10 years without an option of fine.

My authorities are sections 1(6) and 5 of the Miscellaneous Offences Act, 1983.

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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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