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 201)
“Memorandum Of Understanding Is Not A Binding Contract”
 
Contract is a binding agreement between parties, creating a commitment to do or not to do a particluar thing. Memorandum of Understanding is a mere expression of intention by parties, a preliminary understanding of parties to later enter into a formal contract but not on its own a contract and as such not binding and not enforceable by parties. 
To ensure you don’t sign a Contract instead of a mere Memorandum of Understanding, always contact your lawyer. 
 
My authority is the decision of Supreme Court in the case of BPS CONSTRUCTION & ENGINEERING COMPANY LIMITED v. FEDERAL CAPITAL DEVELOPMENT AUTHORITY (2017) LPELR-42516(SC).
 
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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 200)
“It Is The Duty Of Nigerian Police TO Contact The Family Of An Arrested Person”
 
Nigerian Police as well as any other authority that arrests any person in Nigeria, has the responsibility of contacting and notifying the family of such arrested person, at no cost to the arrested person. It may be next of kin or relative of the arrested person and neither them nor the arrested person should be charged for any expenses (calls, text or transportation fare) spent in contacting them. Nigerian Police and every other government agency do have budgets and their staff are paid salary, so you don’t need to pay them or even give them gift. It is their job!
 
My authority is sections 6 of the Administration of Criminal Justice Act, 2015.
 
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NOTE: Sharing 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 199)
“It Is An Offence To Import Live Fish Into Nigeria Without License”

Live fish (fresh water fish) cannot be imported into Nigeria without license from the Minister of Agriculture. It is an offence to make such importation and punishable with a fine not more than #40.00 for first time offenders, then an amount not exceeding #200.00 and or an imprisonment of not more than 6 months for second time offenders. Also, such fish, any substance or product made from the fish will be forfeited to government.

My authorities are sections 1, 2, 3 and 5 of the Live Fish (Control of Importation) Act, 1965.


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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 198)
“Duration of Copyrights In Nigeria”.
 
Owners of literary, musical, artistic, cinematograph works, sound recording and broadcast have copyright in Nigeria. No other person can reproduce, publish, perform, record, broadcast, erect, display or distribute to the public for commercial purposes such works without consent of the owner. 
The rights last for 70 years for literary, musical and artistic works apart from photos. And, rights for cinematograph films, photographs, sound recordings and broadcasts last for 50 years. 
 
My authorities are Sections 2, 5, 6 and 24 of Copyright Act.
 
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Please share this 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 197)
“Every Factory In Nigeria Must Have Adequate And Suitable Toilets”.
 
Every factory in Nigeria must have adequate number of suitable toilets for its workers. They must always be well maintained, lighted and cleaned, accommodating separate sex of workers. 
 
My authorities are Sections 12 and 89 Factories Act, 1987. 
 
 
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Please share this 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 196)
“It Is An Offence To Sell A Vehicle Purchased With Unrepaid Bank Loan”.

Until vehicle loan is paid back to bank and discharge certificate is issued by such bank, it is an offence to sell any motor vehicle purchased with bank loan.
It is an offence punishable with 6 months imprisonment and or fine of #200.00

My authorities are Sections 1 and 5 of Banks (Motor Vehicle Loans) (Miscellaneous Provisions) Act, 1979.
 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 195)
“You Have A Right Not To Answer Questions or Write Statement For Nigerian Police”

It is your right to answer or refuse to answer any type of questions put to you by a police officer anytime and in anywhere until you consult with any lawyer of your choice. It is your right to remain silent and stare at the police officers while they wait for your lawyer to meet with you. So, police must allow you to first of all, choose a lawyer and talk with the lawyer before police can question you on anything.
NOTE; if police officers gets violent, kindly answer their questions and write statement BUT ensure you tell your lawyer how such police officers violated your rights. Be smart to remember the names and numbers of the concerned police officers.

My authorities are Sections 6 of Administration of Criminal Justice Act, 2015.

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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 194)
“Tobacco Companies Cannot Advertise At Any Sports Event In Nigeria”

Any person, business, company, firm, group or association in the business of tobacco (whether manufactured or unmanufactured) cannot advertise its products at any sports event promoted or sponsored by it, in any part of Nigeria.
It is even a criminal offence to do so and it is punishable with a fine of not less than #5000.00 and if a corporate body, all the directors, partners and management shall be liable to fine of not more than #5000.00 and or an imprisonment for not more than 3 years.

My authorities are Sections 2, 5 and 6 of the Tobacco Smoking (Control) Act, 1990.

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Please share this 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 193)
“Legal Practitioners In Nigeria Can Advertise Anywhere and Anytime”

Legal practitioners in Nigeria are permitted to advertise their practise to the public, anywhere and anytime, so far as it is not false, unfair or disturbing. Legal practitioners can advertise online, blogs, social media, bill boards, flyers, walls, public places, vehicles, banners, on radio and television among other channels. There is nothing in the Rules of Professional Conduct that prohibits legal practitioners from advertising rather from soliciting professional employment.

My authority is Rule 39 of Rules of Professional Conduct For Legal Practitioners, 2007.

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Please share this 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 192)
“Who Can Be Declared Winner in Governorship Election In Nigeria”

In a governorship election, the candidate with the highest number of casted votes will be declared the winner by the Returning Officer of Independent Electoral Commission(INEC). Such a candidate must also not have less than one-quarter of the votes cast in at leaset two-third of each of the Local Government Area.

My authorities are section 69 of the Electoral Act, 2010 and section 179 of the Constitution of the Republic of Nigeria, 1999.

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Please share this 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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