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.   

*MUST ARRESTED SUSPECT BE ALLOWED TO MEET LAWYER IN ALL CASES.* DAILY LAW TIPS (Tip 306) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

No matter the type/kind of case, an arrested suspect is believed to have committed or the status of the person that reported an arrested person or the security agency that arrested a suspect, an arrested suspect MUST be allowed to seek and receive legal advice from any lawyer of his choice. No security agency can choose or reject lawyers for an arrested person! Hence, an arrested person MUST be given reasonable facilities to get legal services, obtain bail and defend himself for any crime in Nigeria.

My authorities are sections 14(2), 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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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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CIRCUMSTANCES A LAWYER CAN GIVE AWAY CLIENT’S INFORMATION WITHOUT CONSENT. DAILY LAW TIPS (Tip 304) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Ordinarily, a lawyer cannot give away information obtained from a client because such was obtained under professional privilege and the lawyer owes duty to the client not to reveal such communication.
There are circumstances that a lawyer may reveal such communication without breaching his duty to client and there are;
1. Where such communication is for an illegal purpose or crime committed
2. Where such communication is permitted by Rules of Professional Conduct or law or court order
3. Where such communication is necessary for a lawyer to establish/collect his fees or
4. Where such communication is necessary for a lawyer to defend himself, employees or associates against accusation of wrongful conduct.

My authorities are sections 192(1) and 259 of the Evidence Act, 2011 as well as Rules 19(3) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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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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**CAN THE AGE OF A PERSON AT THE TIME OF DEATH BE PRESUMED. **DAILY LAW TIPS (Tip 305) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Not minding the records and reports on the life expectancy of Nigerians and the nation’s mortality projections, the age of a person at the point of his death can never be presumed even though it can be shown that such a person was alive at a particular time.

My authorities are sections 164 (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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CAN PARENTS BE PUNISHED FOR NOT SENDING CHILDREN TO SCHOOL. DAILY LAW TIPS (Tip 303) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Every Nigerian child must attend and complete primary school and junior secondary school education. They are free universal basic education and parents/guardian must ensure children participate.
It is a crime for any parent/guardian not to ensure that his child attends and completes such education. It is punishable with community service for first time offender, while a second time offender is punishable with fine of N2,000.00 and or imprisonment for not more than 1 month but for third time or more offender, it is punishable with fine of not more than N5,000.00 and or imprisonment for not more than 2 months.

My authorities are sections 15, 277 and 278 of the Child’s Rights Act, 2003 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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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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*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.

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

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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!

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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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.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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!

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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*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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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!

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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*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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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

*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!

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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*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!

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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