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.   

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 278)
WHEN CAN A MISSING PERSON BE PRESUMED DEAD IN NIGERIA.

Ordinarily, the only time any person can be declared dead is when the person’s body is found and a physician declares such lifeless. But, where a missing person has not been heard from for seven (7) years or more by those that naturally should have heard from such person if such person was alive, then such a person would be presumed dead. Although such person is presumed dead, there is no presumption as to the time when such a person died.
Note that where there are circumstances to account/prove for the long time that such a person has not been heard from, such a person cannot be presumed dead.

My authorities are sections 164 (1) 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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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 277)
PLACES, WORKERS CANNOT BE PAID SALARIES IN NIGERIA.

No worker, staff or employee in Nigeria can be paid his wages, salary or payment in any premises, property or house used for the sale of intoxicating liquor (alcohol) or retail of goods, like supermarkets and shopping malls. The only exception is where a worker is ordinarily employed to work in such premises or property.

My authorities are sections 3, 91 and 92 of the Labour Act, 1971.

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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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LAW TIPS
by Onyekachi Umah,Esq.
(Tip 276)
WHAT ARE THE APPROVED METER RECONNECTION FEES & ADMINISTRATIVE FEES FOR ELECTRICITY CONSUMERS ACROSS NIGERIA.

First of all, note that the Electricity Distribution Company (DisCo) in charge of an area can disconnect a customer without any notice where such customer has an illegal network/connection or the customer’s connection is dangerous to health or integrity of the network or quality of supply to other consumers or also the meter of a customer is not accessible to be read for 3 consecutive bills.

Where for any of the above reasons a meter is disconnected, it will be reconnected after concerned customer makes satisfactory electricity supply arrangement and pays a reconnections fee or agrees to pay such to the DisCo. After payment, a customer must be reconnected with 48 hours.

The approved Reconnection Costs/Fees are;

1. Residential or Commercial Property with Single Phase meter pays N50,000.00 for first time but N75,000.00 for subsequent times.

2. Residential or Commercial Property with three Phases meter pays N100, 000.00 for first time but N150, 000.00 for subsequent times.

3. Property with Maximum Demand (MD) Meter pays 300% of the last authorised recorded monthly consumption of the customer for first time but 450% for subsequent times.

Also note that, apart from the reconnection costs/fees, such customer must pay administrative charges and also back-bills. Back-bills are to be charged at the prevailing tariff of the customer for the established period that such customer used illegal electricity. The approved administrative charges are;

1. Residential property with single phase meter pays N1,500 but Residential property with three phases meter pays N3,000.

2. Commercial Property with Single Phase meter pays N3, 000.00 but Commercial property with Three phase meter pays N6,000.

3. Residential property with Maximum Demand LV or HT meter pays N7,500.

4. Commercial property with Maximum Demand LV metern pays N7,500.00 and

5. Commercial property with Maximum Demand HT meter pays N15,000.00.

My authorities are Regulations 6, 12 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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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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Download For FREE!

Full text of the The Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedures for Electricity Services, 2007 and the Nigerian Electricity Regulatory Commission’s Order on Unauthorised Access, Meter Tampering and By-Pass (ORDER NO: NERC/REG/41/2017) can be downloaded via the link below after the comment box

 

 

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 275)
GOVERNMENT VEHICLES CAN BE USED AT ANY ELECTION IN NIGERIA.

Contrary to popular opinion and even some directives, any government vehicle or boat can be used during an election by the person assigned to use such. It is only a person who is ordinarily assigned to use a government vehicle or boat that can use such at a registration center or polling unit. Also note that in an emergency, an electoral officer can use a borrowed government vehicle or boat at a registration center or polling unit.
The offence of use of borrowed government vehicle or boat at registration centre or polling unit by any other person is punishable with fine of not more than N500,000.00 and or not more than 6 months imprisonment.

My authorities are sections 121 and 158 of the Electoral Act, 2010.

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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 274)
IS “DEATH”, THE PUNISHMENT FOR SNATCHING BALLOT BOXES IN NIGERIA.

Snatching of ballot boxes is an electoral offences and like all other electoral offences, it’s punishment is not death. The maximum punishment for snatching ballot boxes in any part of Nigeria is imprisonment for not more than 2 years.

Persons suspected of snatching electoral boxes are to be arrested by Police or private persons and handed over to Police. Then, Police can prosecute such suspects in court. It is only a judge after a trial in court that can declare punishment where an accused person (ie, suspect) is found guilty. No person has right to kill or beat any suspect of any crime including ballot box snatching.

My authorities are section 118(1)(j), section 118(2) and 158 of the Electoral Act, 2010.

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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 273)
IT IS AN OFFENCE TO GIVE GIFTS AND MONEY FOR ELECTION IN ANY PART OF NIGERIA.

No person in any part of Nigeria is allowed to directly or indirectly give gifts or monies to any group, community or person to induce and procure such person or group to vote at any election. A candidate is deemed to have committed an offence if gifts/money was given with his knowledge and consent or that of his aids/agents.
It is an offence of bribery and corruption punishable with fine of not more than #500,000.00 or imprisonment for 12 months or both.

My authorities are sections 124 and 158 of the Electoral Act, 2010.

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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 272)
IT IS ILLEGAL FOR WORKERS TO BE TOLD WHERE AND HOW TO SPEND SALARIES.

Some organisations mandate their staff/workers to shop at particular places and even purchase some specific items, may be to look smarter for the image of such organisations. It is illegal for any employer to state places or the manner that a worker/staff will spend his salary. Any agreement or code of conduct providing or allowing for such practise is illegal and invalid.
This offence is punishable with fine not exceeding N800.00.

My authorities are sections 2, 21, 91 and 92 of the Labour Act, 1971.

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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 271)
NONE REGISTRATION OF SIM CARD IS A CRIME IN NIGERIA.

It is a criminal offence in Nigeria to own or use a mobile phone SIM card or any electronic telecommunications service without registration of same. At registration, a prospective customer/subscriber must give his details including full Name and Address to his network provider.
None registration or registration with fake information with intention to deceive is an offence punishable with imprisonment for not less than 3 years or fine of N100,000.00. Also note that where l a service provider fails to collect the needed information of a customer/subscriber, it is an offence punishable with fine of N100,000 and forfeiture of equipment/facility used to provide services.

My authorities are sections 12 and 22 of the Advanced Fee Fraud and Other Fraud Related Offences Act, 2006.

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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 270)
“THE RIGHT OF POLICE TO BREAK/DAMAGE ANY HOUSE IN SEARCH OF SUSPECTS EVEN WITHOUT WARRANT TO SEARCH”.

A Police Officer as well as all other members of other security agencies have right to break any door or window in a house/place to gain entrance, search and arrest a suspect with a warrant of arrest. This is allowed where access to house/place cannot be obtained from the owner or occupier of the house/place a suspect entered into it or stays.

My authorities are sections 12(2), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 269)
IT IS A CRIME FOR “INEC” OFFICIALS TO BE LATE TO POLLING UNITS IN ANY PART OF NIGERIA.

All Polling Officers of Independent National Electoral Commission (INEC) must report very early to polling units on any Election Day in any part of Nigeria. It is a criminal offence to be late without lawful excuse and is punishable with a fine of not more than #500,000.00 or and 12 months imprisonment.

My authorities are sections 123(2) and 158 of the Electoral Act, 2010.

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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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