"CONTRACTORS AND THE MDAS; REGULATORY COMPLIANCE FOR AWARD OF CONTRACT IN NIGERIA"

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

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Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON SATURDAY 18 NOVEMBER, 2017 (9:00AM)

AT THE LEGAL AID SEMINAR, LIVING FAITH CHURCH, KUBWA, ABUJA.

14th SABI LAW LECTURE SERIES. 

 

 

 

 

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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 173)
“An Unsigned Agreement Is Valid and Binding On Parties.”

It is basic knowledge that an unsigned document is worthless. Well, the Supreme Court of Nigeria has also held that an unsigned agreement is valid and binding where such agreement and intention of parties to be bound by it are not in doubt. And, there is no contrary statutory provisions and the signing of the agreement itself was not a condition for the existence of the agreement.

My authorities are OGUDO V. THE STATE (2011) LPELR-860(SC) and AWOLAJA & Ors V. SEATRADE G.B.V (2002) LPELR-615(SC)

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***This is the writer’s view not a legal advice and does not create any form of relationship. ***

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 138)
“EFFECT OF DATABASE OF FEDERAL CONTRACTORS, CONSULTANTS AND SERVICE PROVIDERS (DFCCSPs)”.

The Bureau of Public Procurement (BPP) keeps a Database of Federal Contractors, Consultants and Service Providers (DFCCSPs). A company, business name or an individual cannot bid for a federal government contracts without a proof of registration from BPP.

My authority; section 5 of Public Procurement Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 118)
“Stamps and Seals of Courts and Commissioners for Oath Are Not Needed for Agreements To Be Valid.”

An agreement(Contract) between parties, no matter the number of parties, the value of subject matter or nature of same does not need stamps and seals of courts, commissioners for oath or other staff to be valid and enforceable. Hence, there is no need to take any executed agreements (including land agreements) to court for stamps of Court Registrars and staff of court.

See the decided case of Okafor V. Titilope & Ors (2018) LPELR-44385 (CA).

NOTICE!

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LearnNigerianLaws.Com in 2016 published and circulated for free over 10 law articles on WILLS, MARRIAGE, LAND, NBA STAMP, CONTRACT, TENANCY, BUSINESS, BOUNCED CHEQUE AND TRADEMARKS. They were written in simple English without law jargons, for easy understanding of none-lawyers. Below are links to 10 law articles as published on www.LearnNigerianLaws.com 

 Please read and be empowered!

Click on each article to read. Feel free to share!

 

  1.   HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA. (A legal guide on Probate Matters in Nigeria)  http://www.learnnigerianlaws.com/index.php/law-articles/family-law/21-how-to-recover-property-of-the-dead

  

  1.   HOW TO BE LEGALLY MARRIED IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/family-law/10-how-to-be-legally-married 

  

  1.   LEGALITY OF GOVERNMENT’S COMPULSORY ACQUISITION OF LAND AND PAYMENT OF COMPENSATIONhttp://www.learnnigerianlaws.com/index.php/law-articles/land-law/16-legality-of-government-s-compulsory-acquisition-of-land-and-payment-of-compensation

  

  1.   PROCEDURE AND REQUIREMENTS FOR OBTAINING NBA LAWYERS'STAMP, INSURANCE POLICY AND OTHERS. http://www.learnnigerianlaws.com/index.php/law-articles/law-in-practise/18-procedure-and-requirements-for-obtaining-nba-lawyers-stamp-insurance-policy-prepaid-cards-lawyers-verification-exercise

  

  1.   BOUNCED/DUD CHEQUE AND ITS LEGAL CONSEQUENCES IN NIGERIA- LearnNigerianLaws.com http://www.learnnigerianlaws.com/index.php/law-articles/criminal-law/8-bounced-or-dud-cheque-and-its-legal-consequence

  

  1.   RIGHTS OF A TENANT IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/24-rights-of-a-tenant

  

  1.    RIGHTS OF A LANDLORD IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/23-rights-of-a-landlord

  

  1. HOW TO REGISTER A BUSINESS NAME, A PARTNERSHIP ANDA COMPANY IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/11-how-to-register-a-business-a-partnership-and-a-company

  

  1. REGISTRATION OF TRADEMARKS IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/22-registration-of-trade-marks 

     

       10. HOW TO WRITE AGREEMENTS (CONTRACTS) - Learn Nigerian laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/25-how-to-write-agreements-contracts 

 

Join us every month as we publish for free, easy to understand law articles on areas that affect the ordinary man. Our publications are for the general public; none-lawyers and lawyers. It is our vision to enlighten all Nigerians on Nigerian laws to build a safer, more informed and accountable Nigeria. We wish you a fruitful new year; 2017.

Thank you.

 

Onyekachi Umah, Esq. ACIArb(UK)

Founder and Senior Contributor

LearnNigerianLaws.Com

www.LearnNigerianLaws.com

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