Daily Law Tips (291)

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 98)
“Maintenance of Stickers, Logos and Adverts on a Vehicle without a Permit is an Offence in Nigeria”.

To place stickers, logos, paintings and Adverts on vehicles, one needs a Permit from the Local Government Authority in his area. Such permit is valid for a year. Failure to obtain a permit is an offence punishable with not more than 6 months imprisonment.

See sections 1 and 5 of Vehicle Mobile Advertisements Bye-Law of Abuja Municipal Area Council and equivalent Bye-Laws across local government authorities in Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 97)
“Defamation is a Criminal Offence in Nigeria”.

The publication of words that can cause hatred, contempt, ridicule or damage to the reputation or profession of a person(s) to the hearing of such person(s) or a third party without justification is a criminal offence aside being a tort.

See sections 373, 374, 375 & 376 of Criminal Code, sections 391, 392, 393, 394 and 395 of Penal Code and section 6 of Libel Act, 1843.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 96)
“‘Mr. & Mrs. Xyz’ Cannot buy Landed Property in Nigeria”.

Only human beings of 21 years and above as well as corporate beings can buy, own, sell and transact on lands in Nigerian. Hence, “Mr. & Mrs. Whoever Somebody” are not legally recognised beings that can own land, transact on them, sue or be sued. To avoid illegality, it is better done in full names of husband or wife or both as separate beings.

See the Married Women Property Act 1882, the Married Women Property Law 1959, section 7 of Land Use Act, as well as the case of Lion of Africa Insurance Co. Ltd V. Mr. and Mrs. Esan (1999) 8 NWLR (Pt. 614) 197.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 95)
“Women Just Like Men Have Right To Inherit Any Property In Nigeria”.

No matter the religion, tribe and culture, every woman in Nigeria is entitled to inherit any type property and assets. The place, time, means and conditions surrounding the birth of a woman doesn’t matter. Any religion or custom that says otherwise is illegal, contrary to natural justice and the Constitution of Federal Republic of Nigeria and as such invalid.

See section 42 of the Constitution of the Federal Republic of Nigeria, 1999 and also the Supreme Court judgment in Ukeje V. Ukeje (2014) 11 NWLR (PT. 1418) 384.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 94)
“Condition for Valid Transfer of Nigerian Footballers to Foreign Clubs”.

Among other things, an agreement for transfer of any Nigerian footballer (amateur or professional) must be in a written form. It must provide for the unconditional release of such player by his foreign club to represent Nigeria in football competition.

See section 10 of the Nigerian Football Association Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 93)
“Leaving Your Spouse To Marry Another Person is a Criminal Offence”

Where a spouse abandons his/her partner of an English marriage without a divorce and proceeds to marry another person, such a spouse has committed a crime. The crime is bigamy and punishable with 7 years imprisonment. Note that bigamy is no longer a crime in Lagos state.

See section 370 of Criminal Code, The Penal Code and the Lagos State Criminal Code.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 92)
“Courts That Can Hear Cases of Fundamental Human Rights In Nigeria”.

Magistrate Courts, Customary Courts, Area Courts, Sharia Courts, Court Martial, Court of Appeal and Supreme Court cannot hear and determine any new case of fundamental human rights in Nigeria. Although, Court of Appeal and Supreme Court can hear appeals on such matters. It is only the State High Courts, Federal High Court and National Industrial Court that can hear and determine cases of fundamental human rights as courts of first instance.

See sections 46 & 245(C) of the Constitution of Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 91)
“An Employment without a Written Employment Agreement is an Offence”.

Every worker in Nigeria is supposed to be issued a Written Contract of Employment by his employer stating employer’ name, employee’s name and address, place of work, salary/wage, holidays and duration of employment and needed notice for termination of employment. Doing otherwise is an offence punishable with #800.00 for a first offender.

See sections 7 and 21 of Labour Act.

Happy Labour Day 2018 to us all in Nigeria ??. To mark the day there will be no daily law tips on 1st May, 2018.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 90)
“A NIGERIAN CITIZEN OTHER THAN BY BIRTH CANNOT HAVE MORE THAN A DUAL CITIZENSHIP”.

Nigerian citizen other than by birth cannot become a citizen of another country other than by birth. Such Nigerian citizen forfeits his citizenship if he attempts or obtains citizenship not by birth from another country.

See section 28 (1) of the Constitution of the Federal Republic of Nigeria. ??

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DAILY LAW TIPS 

            by Onyekachi Umah,Esq.

                  (Tip 89)

“WHAT ARE TRADE MARKS AND THEIR BENEFITS”.

 

Your business, company, office, school, church, group and even personal “Trade Marks” are registrable, transferable,  marketable and even create exclusive use like any other property. Trademarks include distinctive and distinguishing signs, marks,  symbols or indicators in the form of words, letters, numbers, drawings, shapes, labels, colours, pictures or combination of all or some of the above elements. 
Women CAN register, own and deal on Trademarks & other IPs too! 
Happy World Intellectual Property Day!
 
See sections 2,3,4,5,6 & 9 of the Trade Marks Act. Below is link to all you need to know about Trade Marks in Nigeria. 
 

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