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 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!

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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 241)
“NO COMPANY IN NIGERIA CAN BE SERVED COURT PROCESSES BY SUBSTITUTED MEANS.”

Contrary to common opinion/practise among fellow lawyers, no company in Nigeria can be served by substituted means. Substituted means is employed where personal service of court processes on natural being(human being) fails or may fail. Companies and corporations are not natural/human beings and as such personally service cannot be effected on them. Since personal service cannot be effected on companies, there can never be substituted service on companies. The Companies and Allied Matters Act as well as Rules of different courts, have provided clear means of serving court processes on companies in Nigeria. This includes service on Officers of Companies or delivering/leaving such on registered office or branch offices of companies without needing an order of any court for substituted service. Hence, Lawyers should stop wasting time in court seeking for order of substituted service on companies!

My authorities are section 78 of Companies and Allied Matters Act, Rules of all Courts in Nigeria and the Judgments in the following Supreme Court and Court of Appeal cases;

1. MARK V. EZE (2004) 5 NWLR (PT. 865) 54, (SC)

2. NBC PLC V. UBANI (2014) NWLR, PT. 1398 at 421, (SC)

3. PLASTEX (NIG) LTD V. MAINLAND OIL & GAS (2018) LPELR-43509(CA),

4. OBADINA & ORS V. FASOYINRO (2017) LPELR-42182(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!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 240)
“SITUATIONS WHERE A MALE SECURITY OFFICER CAN SEARCH FEMALES IN NIGERIA.”

Above all, all searches must be conducted decently. By law a person can be searched by a police officer of same sex but where there is urgent situation or in interest of justice it is impossible for same sex police officer to conduct such search, a police officer of opposite sex can search a person of opposite sex. Hence, a male police officer can search a female suspect in such circumstances in any part of Nigeria. This extends to any officer of any law enforcement agency in Nigeria created by Act of National Assembly, like EFCC, DSS, NSA, NDLEA, ICPC, Customs, NAPTIP, Prisons and Civil Defence. This excludes all the private security companies and their officers.

My authorities are sections 9(3) and 494 of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

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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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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 239)
“DOUBLE REGISTRATION OF A VOTER IS A CRIME IN NIGERIA“

It is a criminal offence for any person to be registered more than once for voters registration in any part of Nigeria. It is punishable with a maximum fine of N1 Million Naira and Or imprisonment for 12 months.

My authorities are sections 117(1)(c) 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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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 238)
“IS IT LEGAL FOR GOVERNMENT OR ANY GROUP TO CHARGE YOU FOR DRILLING BOREHOLE ON YOUR LAND? “

The right to use any water (both surface and unground water) in any part of Nigeria is vested on the Federal Government of Nigeria. But, any person (Nigerian or Foreigner) who has either a statutory or customary right of occupancy to any land in any part of Nigeria, has right to take and use water including unground water source(like Wells and boreholes) from that land for domestic purposes, and agricultural purposes WITHOUT ANY CHARGE, COST, FEE, TAX or LEVY.
The recent demand for borehole levy by locals and some groups are illegal and should be stopped. Talk to your lawyer, today.

My authorities are sections 1, 2, 8, 9, 10, 13, 20 and 21 of the Water Resources Act,

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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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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 237)
“IT IS A CRIME TO KEEP, SELL OR DISTRIBUTE FERTILISER WITHOUT APPROVAL OR EXPORT SAME IN NIGERIA.”

Fertiliser is a government controlled commodity in Nigeria. Federal government determines who sells, distributes, transports and keeps custody of fertiliser as well as selling points.
It is a crime for any person to deal on fertiliser, sell, distribute, convert, dump or transport fertiliser in any part of Nigeria without approval of the Minister of Agriculture or his delegate. It is also a crime to export fertiliser from Nigeria. The offences are punishable with 10 years imprisonment without an option of fine.

My authorities are sections 1, 2, 3, 4, 5, 8, 10 and 11 of the Fertiliser (Control) Act, 1992.

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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 236)
“THE TWO (2) RIGHTS OF ANY PERSON WHOSE LOCAL OR INTERNATIONAL FLIGHT IS CANCELLED IN NIGERIA.”

Where any flight (including both local and international) is cancelled by the airline operating company, it’s passengers are entitled some rights whether or not such flight was re-routed. There are Right To Monetary Compensation and Right to Care which beget the following;

(a.) Immediate payment of compensation of 25% of the fares or ticket price for local flight and 30% for international flight. Such is payable in cash/bank transfer, bank cheque and with agreement of passenger, also payable in travel voucher.

(b.) Refreshments, meals, hotel accommodation, transportation between hotel and airport, free 2 phone calls and SMS/email, where passengers are offered a re-routing alternative flight. This particular benefit will not apply to local flights where notice of cancellation was communicated within at least 24 hours before scheduled time of departure and in respect of international flight within 7 days.

Airlines are to give reasons for cancellation of flight and offer possible alternative transport. Where a flight is cancelled due to unavoidable extraordinary circumstances, the airline will not pay compensation and it is the duty of airline to prove so.

My authorities are sections 19.5.1, 19.6, 19.7, 19.8 and 20.1.7 of the Nigeria Civil Aviation Regulations 2012 (Nig. CARs 2012 Volume II).

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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 235)
“THE 4 CONDITIONS FOR AN ARRESTED PERSON TO BE SEARCHED BY A POLICE OFFICER EVEN AFTER BAIL.”

There are 4 conditions/situations were a police officer can search an arrested suspect even after such arrested suspect has being offered bail and his bail conditions are met.
The situations are where there are good possibilities that:
1. The suspect has a stolen article.
2. The suspect has an object that can cause Violence or a poisonous substance.
3.The suspect has materials related with the offence he is alleging to have committed
4. The suspect has materials that may provide evidence against the suspect with regards to the offence against him.

My authority is section 9(2) of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

#CriminalJusticeMonday
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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 234)
“NEW MANDATORY DURATION FOR JUDGEMENTS ON ALL APPEALS ON PRE-ELECTION CASES IN NIGERIA”

After the Judgement of election tribunals on a pre-election issue, parties can appeal against such decisions of courts at the Court of Appeal.
The learned justices of Court of Appeal are to deliver judgement on a pre-election matter within 60 days from the day such appeal was filed.
This new provision is to ensure that pre-election cases are not made useless by general elections.

My authorities are section 285 of the Constitution of the Federal Republic of Nigeria, 1999 and also Constitution of the Federal Republic of Nigeria, 1999 Alteration (No 21) Act 2017.

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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 233)
“TIME LIMIT WITHIN WHICH TO COMPLAIN AGAINST A JUDGE IN NIGERIA.

Where any person wishes to make a complaint against any Judge or Kadi in Nigeria, such complaint must be made within 6 months from the date the event or issue complained of, occurred. Where such event or issue complained of is continuous, then a report can be made anytime or within 6 months after it ends.
Note that the Chief Justice of Nigeria/Chairman of National Judicial Council may extend such time limits.

My authorities are Regulations 1, 11 and 12 of Judicial Discipline Regulations 2017.

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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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