Onyekachi Umah

Onyekachi Umah

Onyekachi Umah is a husband and a private legal practitioner with amazing experience in criminal law, human rights, intellectual property, transaction and regulation advisory, corporate, commercial and investment law and energy law as well as litigation and arbitration arising from them. He is a certified arbitrator both in Nigeria and the United Kingdom. He is a member of the Chartered Institute of Arbitrators (UK) and a Certified Conflict Management Practitioner. He is a member of prestigious “Young ICSID” of International Centre for Settlement of Investment Disputes (ICSID), Washington DC. Among other, he has a certificate in Law of Contract from a program of Harvard University, a certificate in International Environmental Negotiation from United Nations Institute for Training and Research, Geneva and recently, a certificate in Conflict Management from United States Institute of Peace, Washington, D.C. He also holds a master of laws degree from University of Jos and he is a doctoral student at the faculty of law, Nassarawa State University. 

He is the managing partner of a leading law firm; Bezaleel Chambers International. He is the founder and President of a free law awareness platform known as www.LearnNigerianLaws.com that promotes awareness and understanding of rights and laws of Nigeria (#SabiLaw) and offers free daily law tips (#DailyLawTips). Understanding the challenges of Administration of Criminal Justice in Nigeria, he dedicates his daily law tips every Mondays to promoting Criminal Justice (#CriminalJusticeMonday). Recently, he started a new series on Election Laws tagged (#SabiElectionLaws) to increase legal awareness on elections laws, policies and regulations in Nigeria. He is the convener of the Sabi Law Lecture Series (#SabiLawLectureSeries), travelling around Nigeria delivering free law awareness lectures. He also organises and sponsors a quarterly competition, titled "Sabi Law Video Challenge" (#SabiLawVideoChallenge) were Nigerians win money (over $130.00 per winner) for making videos of themselves talking on any law or right as a way to promote law awareness and have fun. To further promote legal awareness among Nigerians across the world, he started a law awareness show titled "Sabi Law With Onyekachi Umah, Esq" (#SabiLawWithOnyekachiUmahEsq) showing on social media platforms via @LearnNigerianLaws.   

Mr. Umah has written over Three Hundred (300) free to access articles and materials on law with a desire to enlighten the public. He is also the Assistant Secretary of Nigerian Bar Association, Capital Bar, Abuja and a member of the Rotary Club of Abuja, Metro (RCAM), District 9125. Among others, he is serving as a member of the Advisory Committee for Law Clinics Partnership for Reforming Pre-trial Detention in Kuje Prison Project funded by the United States Department Bureau for International Narcotics and Law Enforcement. He has been featured as the Legal Personality of the Week by This Day Newspaper (a leading national newspaper) on its September 11, 2018 edition and was featured on the NigeriaLawyer.com as the Legal Personality of the Week on November 14, 2018. He has won several honours and awards for his innovative legal practise across the world. 

 

CONTACT:

                Email: onyekachi.umah@gmail.com

Phone: +2348037665878

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Linkedin: Onyekachi Umah

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Website URL: http://www.learnnigerianlaws.com Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

*WHAT IS THE COMPULSORY PERIOD FOR YOU TO BE RECONNECTED TO ELECTRICITY OR BE PAID FOR DELAYED RECONNECTION BY DISCO. * DAILY LAW TIPS (Tip 295) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Where a customer is disconnected from electricity in any part of Nigeria for whatever reason, and such customer has met reconnection conditions including payment of reconnection costs and administrative costs, such customer must be reconnected to electricity within 48 hours by the concerned electricity Distribution Company (DisCo). Where a DisCo fails to reconnect a customer within 48 hours, then the DisCo must pay compensation to such customer as Delayed Reconnection Costs.

The approved Delayed Reconnection Costs(Compensation) payable by DisCos, are:

1. For Residential customer, DisCo must pay N1000.00 for each day
2. For a Commercial customer, DisCo must pay N1,500 for each day.
3. For an Industrial customer or Special customer, DisCo must pay N2,000 for each day.

Also note that DisCo is to pay a customer where a DisCo disconnects a customer without justification.

My authorities are Regulations 2 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.

#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!

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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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HIGHLIGHTS ON NEEDED SKILLS AND ATTITUDE FOR A PROSPECTIVE LAWYER IN AN EVER CHANGING LEGAL PROFESSION

By 

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

This email address is being protected from spambots. You need JavaScript enabled to view it.,08037665878

Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

 

DELIVERED ON SATURDAY, 23 MARCH, 2019 (10:00 AM)

  

AT Hon. Justice Mary Odili Moot Court Complex, Faculty of Law, University of Nigeria, Enugu Campus, Enugu City, Enugu State

19th SABI LAW LECTURE SERIES. 

LECTURE CONTENTS:

. Profile of OnyekachiUmah

1.PresentationPlan & Outcome
2.Assumptions
3.Facts
4.Finding X (Who is a successful lawyer)
5.TheChangingLegal Market
6.Needed Skills  and Attitude
7.SabiLawMaster’s Interlude
8.Rain Making
9.The Way Forward
10.Conclusion
 
Download For FREE!

Full text of this lecture can be downloaded via the link below in PDF format.  

THE LINK IS AFTER THE COMMENT BOX, BELOW. 

*LEGAL RIGHTS OF A HEART BROKEN LOVER WITH A PROMISE TO MARRY. * DAILY LAW TIPS (Tip 294) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

Like any other agreement, a promise to marry someone is a serious agreement that when breached can cause legal action.
Where there is a promise to marry under the statutory law or customary law or Islamic law such promise is a binding agreement between the two parties(man and woman) involved. Hence, refusal to marry where there is a promise to marry is a breach of agreement and the refused lover can go to court and seek for damages. The damages may include money spent on love, wasted years, psychological trauma, emotional trauma and loss of other suitors.
A promise to marry must not be in writing, it may be oral too.

My authorities are Martins V. Adenugba (1946) 18 NLR 63 and the case of Miss Chinye Ezeanah V. Alhaji Mahmoud Atta (2004)7 NWLR (PT. 873) 468 or (2004)LPELR-1198(SC).

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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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19TH SABI LAW LECTURE SERIES TO HOLD AT UNN ON 23RD MARCH 2019
21 Mar 2019

19TH SABI LAW LECTURE SERIES TO HOLD AT UNN ON 23RD MARCH 2019.

THE 19TH SABI LAW LECTURE SERIES is titled "HIGHLIGHTS ON NEEDED SKILLS AND ATTITUDE FOR A PROSPECTIVE LAWYER IN AN EVER CHANGING LEGAL PROFESSION". It will be delivered by Onyekachi Umah, Esq. LL.M, ACIArb(UK) at the Hon. Justice Mary Odili Moot Court Complex, Faculty of Law, University of Nigeria, Enugu Campus, Enugu City, Enugu State by 10:00am on 23 March, 2019.

#SabiLaw

#SabiLawLectureSeries

Lecture Material will be available for free downloads from this website under the Lecture Series Page during and after the lecture.

*DAMAGE OF HIGHWAYS OR GUARD RAILS IS A CRIME IN NIGERIA.* DAILY LAW TIPS (Tip 293) By Onyekachi Umah, Esq., LLM. ACIArb(UK)
.

Whether for construction/installation purposes or by accident, any person who damages any highway or guard rails or any structure on a highway in any part of Nigeria, wilfully, unlawfully or maliciously and fails, refuses or neglects to repair such has committed an offence.
The above offence is punishable with imprisonment for not more than 10 years without an option of fine.

My authorities are sections 1(6) and 5 of the Miscellaneous Offences Act, 1983.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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*CONTENTS OF A GENUINE ATM RECEIPT IN NIGERIA.* DAILY LAW TIPS (Tip 292) By Onyekachi Umah, Esq., LLM. ACIArb(UK)

Due to developments in electronic payment system across Nigeria, the Central Bank of Nigeria approved a format for every physical and electronic records of transactions in Nigeria from any transaction channel including ATMs, POS, Internet Payments, Mobile Payments, Physical Branch or agent.

The approved receipt formats are sufficient proof of transactions in Nigeria and as such all financial institutions must provide customers with only approved receipts.

An approved receipt from an Automated Teller Machine (ATM), must contain the following;
1. Name of the Service Provider
2. Location/Terminal Identity
3. Transaction Identity
4. Date of transaction
5. Time of Transaction
6. Transaction type
7. Sequence Number
8. Account Name
9. Amount
10. Personal Account Number (PAN) (But should be Masked)
11. Card Type
12. Account Type
13. Reference Number

My authorities are sections 47(4) of the Central Bank of Nigeria Act, 2007 and Approved Format of Evidence For Electronic Transactions, 2013.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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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POLICE OFFICERS CAN BREAK OUT OF ANY HOUSE/PLACE IN NIGERIA.
DAILY LAW TIPS (Tip 291) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

A Police Officer can break out of any house or place to gain liberation for himself or any other person, having entered such place lawfully during an attempt to arrest any person. Such police officer has no liability for any damage because he cannot be detained in any place for attempting to make an arrest.

My authorities are sections 13, 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.

#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!

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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 290)
CAN VIOLENCE AND LACK OF MATERIALS CAUSE NULLIFICATION OF ELECTION IN NIGERIA.

First of all, any election in any part of Nigeria can be nullified by an appropriate tribunal/court. Generally, an election will be nullified by a tribunal/court, where there is clear, positive, credible and over-whelming evidence that shows that election was not substantially conducted in accordance with the Electoral Act and that the non-compliance, substantially affected the result of the election. So, until you convince a tribunal/court that there was a SUBSTANTIAL NON-COMPLIANCE in conduct of an election contrary to the Electoral Act and that it also affected election result, an election will not be nullified.
Consequently, VIOLENCE and LACK OF ELECTORAL MATERIALS will cause nullification of election where it can be proved that are SUBSTANTIAL NON-COMPLIANCE with the Electoral Act and that they SUBSTANTIALLY affected the final result of an election.

My authorities are sections 138, 139, 140 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)

#SabiElectionLaws
# DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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 287)
THE ONLY TWO (2) PERONS THAT CAN CHALLENGE AN ELECTION IN NIGERIA.

Not every person in Nigeria can challenge an election. First of all, an ordinary voter in an election cannot challenge the out come of an election.
The only two (2) persons in Nigeria that can challenge an election in any part of Nigeria, are;
1. A Contestant in an election
2. A Political party that participated in an election.

My authorities are sections 137(1) and 158 of the Electoral Act, 2010.

#SabiElectionLaws
# DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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 289)
ARE ELECTRONIC SIGNATURES ACCEPTABLE IN NIGERIA.

Where any document is to be approved/proved by signature, then an electronic signature on such document is a sufficient signature. So, electronic signatures are allowed and acceptable in any part of Nigeria including courts.

My authorities are sections 93(2) and 259 of the Evidence Act, 2011.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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 285)
WHEN CAN POLICE SEARCH A HOUSE WITHOUT A WARRANT.

Ordinarily, police and every other security agency cannot search a house/property without a search warrant(written authority) issued by a court.
One of the situations, where a security officer can search any property/place without a search warrant is where a criminal suspect sought to be arrested is inside such house/property or is believed to be inside such house. In such situation, the person in charge of such house must give free access and all needed support to the security agency to search the property for the suspect.

My authorities are sections 12(1), 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.

#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!

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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 286)
WHEN CAN COURT NULLIFY AN ELECTION IN NIGERIA.

Any election in any part of Nigeria can be nullified by an appropriate tribunal/court. An election will be nullified by a tribunal/court, where there is clear, positive, credible and over-whelming evidence that an election was not substantially conducted in accordance with the Electoral Act and that the non-compliance, substantially affected the result of the election. So, until you convince a tribunal/court that there was a SUBSTANTIAL NON-COMPLIANCE in the conduct of an election contrary to the provisions of Electoral Act and that such also affected the final result of an election result, an election will not be nullified.

My authorities are sections 138, 139, 140 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)

#SabiElectionLaws
# DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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 284)
CAN CUSTOMER BE CHARGED FOR ELECTRICITY EVEN AFTER DISCONNECTION.

Every user of electricity in any part of Nigeria, has a Right to Request for Disconnection from electricity at any time of the year. Duration a period that a customer requested for a disconnection from the electricity Distribution Company (DisCo) in charge of his area, such a customer can no longer be charged/billed for electricity, whether or not such disconnection was done. It is illegal for any DisCo to charge or request for payment for a period a customer was disconnected. Kindly report such illegal demands and practises to Nigerian Electricity Regulation Commission (NERC) or speak to your lawyer.

My authorities are Regulations 8 and 14 of the Nigerian Electricity Regulatory Commission’s Connection and Disconnection Procedures for Electricity Services, 2007.

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!

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 283)
WHAT IS THE OFFICIAL RELIGION OF NIGERIA AND STATES IN NIGERIA.

Some Countries have preference for some religions and as such have official state religions.
In Nigeria, both at Federal and State levels and across all parts of Nigeria, there is no federal, state or official religion. It is prohibited and unconstitutional to adopt any religion for Nigeria or any state in Nigeria.
All religions are allowed and permitted in Nigeria, so far as practises of such religions are not contrary to any law.
Even states that have Sharia or Customary/Tradition laws do not have any official religion. Also, no religion should have prevalence or relevance or more access to state facilities in any part of Nigeria.
Note that it is a breach of fundamental human rights to discriminate against any religion or persons of religion or violate any person’s right to freedom of religion.

My authorities are sections 10, 38, 42 and 319 of the Constitution of the Federal Republic of Nigeria 1999.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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x

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 282)
STATE GOVERNMENTS CANNOT COLLECT TENEMENT RATES IN NIGERIA.

First of all, tenement rate is a tax payable by an occupier of a developed property to a local government authority in charge of the area the developed property is located. The property must be developed and occupied, so tenement rate cannot be paid on an empty or undeveloped land. If the developed property is occupied by a tenant then such tenant must pay for it and not the landlord unless they agreed otherwise. Where a landlord is the one occupying a developed property, such landlord must pay such himself. This is different from Ground Rent, which is payable by landlords for lands whether developed or undeveloped and collectable by either state or local government authorities in charge of the location of such land.
TENEMENT RATES are collected by only local governments authorities in charge of the location of developed property. Both State or Federal government authorities cannot collect tenement rates. Note that state government may also collect a Land Use Charge which a local government authority cannot collect. As at today, the make up/contents of a Land Use Act is not clear and some states have used it as means to charge and collect outrageous taxes.

My authorities are sections 1 and 5 as well as the Schedule to the Taxes and Levies (Approved List for Collection) Act, 1998 and the Schedule to the Taxes and Levies (Approved List for Collection) Act, (Amendment) Order 2015. Also Section 7(5), Paragraph 9, Part II of Second Schedule and Paragraph 1(J) of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999.

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#SabiLaw
#LearnNigerianLaws

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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 282)
STATE GOVERNMENTS CANNOT COLLECT TENEMENT RATES IN NIGERIA.

First of all, tenement rate is a tax payable by an occupier of a developed property to a local government authority in charge of the area the developed property is located. The property must be developed and occupied, so tenement rate cannot be paid on an empty or undeveloped land. If the developed property is occupied by a tenant then such tenant must pay for it and not the landlord unless they agreed otherwise. Where a landlord is the one occupying a developed property, such landlord must pay such himself. This is different from Ground Rent, which is payable by landlords for lands whether developed or undeveloped and collectable by either state or local government authorities in charge of the location of such land.
TENEMENT RATES are collected by only local governments authorities in charge of the location of developed property. Both State or Federal government authorities cannot collect tenement rates. Note that state government may also collect a Land Use Charge which a local government authority cannot collect. As at today, the make up/contents of a Land Use Act is not clear and some states have used it as means to charge and collect outrageous taxes.

My authorities are sections 1 and 5 as well as the Schedule to the Taxes and Levies (Approved List for Collection) Act, 1998 and the Schedule to the Taxes and Levies (Approved List for Collection) Act, (Amendment) Order 2015. Also Section 7(5), Paragraph 9, Part II of Second Schedule and Paragraph 1(J) of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 281)
DEADLINE FOR ELECTION PETITIONS TO BE FILED IN COURT.

There is time for everything under the earth. A loser in an election has right to go to court and challenge the outcome of an election. Such must be done within 21 DAYS after the date his election result was declared.

My authorities are sections 134 and 158 of the Electoral Act, 2010.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 280)
WHAT MALE POLICE OFFICERS MUST DO BEFORE ENTERING A WOMAN’S HOUSE.

Where a suspect sought to be arrested by a male police officer runs into a property occupied be a woman and such woman ordinarily does not appear in public by reason of custom or religion, the police Officer cannot just enter the said property without doing the following things;

1. The Police Officer must inform the woman to withdraw so that she will not be seen, if she pleases.

2. Police Officer must give the woman enough time and opportunity to withdraw and then enter the property.

My authorities are sections 12(3), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 279)
NO PERSON/FIRM CAN COLLECT TAX/LEVY ON BEHALF OF ANY GOVERNMENT IN ANY PART NIGERIA.

Taxes/Levies are serious issues in any part of the world. They are created by government and their prices/amounts are certain and predictable. In Nigeria, all taxes/levies must be created by law and be assessed and collected by eitherFederal, State or Local Governments.
None of the governments can engage, authorise, delegate, use or appoint any person, firm or group to assess or collect taxes/levies on its behalf. The only appropriate tax authorities empowered and allowed to assess and collect taxes/levies in Nigeria are the Federal Inland Revenue Services(FIRS), the State Board of Internal Revenue and Local Government Revenue Committee, by whatever name they call themselves in the respective states and local governments across Nigeria. As well as an Ministry, Government department or any other Government body charged with responsibility for assessing or collecting a particular tax.
NOTE, that no State Government (including its House of Assembly) or Local Government has powers to make any law or Bye-Law that will allow the appointment and engagement of any person/firm in the assessment or collection of any tax/levy in any part of Nigeria.
I have seen several persons and firms parading letters of engagement from some tax/levy agencies of government, such person should be properly guided.

If you have tax/levy issues/challenges, kindly talk to your lawyer or tax consultant. It is your right to know.

My authorities are sections 2 and 5 as well as the Schedule to the Taxes and Levies (Approved List for Collection) Act, 1998 and the Schedule to the Taxes and Levies (Approved List for Collection) Act, (Amendment) Order 2015. Also Sections 4(5), 7(5), Paragraphs 7, 8 and 9, Part II of Second Schedule and Paragraph 1(J) of the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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NATIONAL ENVIRONMENTAL HEALTH PRACTISE REGULATION 2016 IS NOW ONLINE!

 

The National Environmental Health Practise Regulation 2016 was made on 10th February 2016 to replace the National Environmental Health Practise Regulation 2007. The National Environmental Health Practise Regulation 2016 is made pursuant to the Environmental Health Officers (Registration etc) Act, 2002.

The National Environmental Health Practise Regulation 2016 is enforce in all parts of Nigeria and covers issues of environmental health, waste management and issuance of permits/licenses. Among others, it empowers both State and Local Governments to regulate and collect waste collection fees across Nigeria. Before now, The National Environmental Health Practise Regulation 2016 was not accessible online making it hard for Nigerians to know their rights and duties under the said Regulation. Now you can download the The National Environmental Health Practise Regulation 2016 as well as the Environmental Health Officers (Registration etc) Act, 2002 for free! It pays to #SabiLaw.    

Download For FREE!

Full text of the The National Environmental Health Practise Regulation 2016 can be downloaded via the link below after the comment box

 

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.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 268)
BORROWED GOVERNMENT VEHICLES CANNOT BE USED AT ANY ELECTION.

No person in any part of Nigeria is allowed to use a borrowed government vehicle or boat or that of any company owned by government at any registration center or polling unit. 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 even 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 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.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 267)
LIST OF VOTER CARD OFFENCES IN NIGERIA.

Below is a list of offences that can be committed with a voter’s card in any part of Nigeria. They are;

1. LENDING OF VOTER’S CARD.
It is an offence for a holder of voter’s card to give same to some other person for it to be used at an election in any part of Nigeria. The only person that can collect a voter’s card at an election is an official of Independent National Electoral Commission (INEC) acting in official duty.

2. RECEIVING OF VOTER’S CARD.
It is an offence for any person to receive any other person’s voter’s card while pretending to be another person in order to use such at an election.

3. POSSESSION OF MORE THAN ONE VOTER’S CARD.
Unless one is an official of Independent National Electoral Commission (INEC), it is an offence to be in possession of more than one Voter’s card.

4. BUYING AND SELLING OF VOTER’S CARD.
It is an offence in any part of Nigeria, for any person to buy or sell voter’s card. Both seller and buyer will be held guilty.

Each of the above mentioned electoral offences is punishable with fine of not more than N1 Million Naira or imprisonment for not more than 12 months or both.

My authorities are sections 120 (1) (a), (b), (c), (d) and 158 of the Electoral Act, 2010.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 266)
DISORDERLY BEHAVIOUR AT CAMPAIGNS AND MEETINGS IS AN OFFENCE.

Once election dates are announced, it is a crime for any person to be disorderly at any political meeting/campaign with intention to prevent a party’s business of the day or be in possession of weapons or missiles. It is a crime punishable with maximum fine of N500,000 or 12 months imprisonment or both.

My authorities are sections 119 and 158 of the Electoral Act, 2010.

#SabiElectionLaws
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 265)
CAN A POLITICAL PARTY HAVE ASSETS OUTSIDE NIGERIA OR RECEIVE FUNDS FROM OUTSIDE NIGERIA.

No political party in Nigeria is allowed to have funds or any assets outside Nigeria. Also, political parties cannot retain funds or assets remitted/transferred to them from outside Nigeria. Where for any reason, any funds or assets is sent from outside Nigeria to a political party, such political party must transfer such to the Independent National Electoral Commission (INEC) within 21 days of receiving such funds.

My authorities are sections 225 (3) (4) and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 264)
IT IS ILLEGAL FOR AN ASSOCIATION/GROUP APART FROM A POLITICAL PARTY TO CAMPAIGN FOR A CANDIDATE.

The only associations allowed to canvass for votes for any candidate at any election or are political parties. Hence, no other association, group or movement is allowed to canvass and campaign for votes for any candidate at any election in any part of Nigeria.

My authorities are sections 221 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 263)
WHO ARE THE SHAREHOLDERS OF THE CENTRAL BANK OF NIGERIA.

Central Bank of Nigeria is created to promote stability and continuity in economic management of Nigeria, among other things. The minimum authorised capital of the bank is One Hundred Billion Naira. The capital are all subscribed and held by only the Federal Government. Hence, the Federal Government of is the only shareholder of Central Bank of Nigeria. So, no individual, company, bank, foreign agency, state, state government or local government is permitted to be a shareholder of the Central Bank of Nigeria.

My authorities are sections 4, 60 and 61 of the Central Band of Nigeria Act, 2007.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 262)
WHEN LAWYERS CAN PERSONALLY STAND BAIL FOR CLIENTS.

There is popular saying in Nigeria, that a lawyer cannot be surety and take a client on bail. Well, this is NOT true! There is no law that stops a lawyer from being a surety and taking a client (who is a suspect) on bail in any where in Nigeria. The Rules of Professional Conduct for Lawyers expressly prohibits lawyers from being sureties and taking their clients (who are accused persons) on bail in any court in Nigeria. The Rules purposely mentioned only courts and excluded detention centers including Police stations, Economic and Financial Crimes Commissions(EFCC), Independent Corrupt Practices Commission (ICPC), Department of State Services (DSS) and all other security agencies. Consequently, it is not a professional misconduct for a lawyer to be a surety and take his client who is a suspect on bail in any place but cannot do so for his clients who are accused persons in any court.

My authorities are Rules 37(1) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 261)
LIST OF FRUITS/PLANTS PROHIBITED FROM IMPORTATION IN NIGERIA.

Some fruits/plants whether living or dead are allowed to grow in Nigeria but cannot be imported into Nigeria or can only be imported with written permission. This is to control plant diseases and pests in Nigeria. It also extends to even soil.
Hence, the importation of prohibited fruits/Plants/Soil is a criminal offence punishable with fine of not more than One Hundred Naira or imprisonment for not more than six months and cost of destruction/exportation of such prohibited fruit.

Below are fruits, plants and soil prohibited from being imported into any part of Nigeria:

1.Banana and Plantain (leaves and fruits)
2. Beans (grains from USA, Bulgaria and some other countries)
3. Cassava ( All parts expecting vegetative propagating materials and seeds)
4. Citrus (Vegetative materials except for propagation)
5. Coconut (Vegetative materials)
6. Coffee(All parts including fruits except Vegetative propagating materials and seeds)
7. Cotton
8. Cowpea
9. Date Palms All parts including fruits except Vegetative propagating materials, fruits and seeds)
10. Fresh Fruits of any specie (from Asia eas of 60* longitude, Mauritius, Central and South America)
11. Gramineae (their flower heads, foliage,hay, fodder and litter)
12. Grape Vine (Vegetative propagating materials)
13. Groundnut(Vegetative materials except for propagation)
14. Maize (their hay, fodder, straw and litter for packing except seeds and unmilled grain for consumption)
15. Oil Palm (Flowers, foliage and all timber)
16. Peas and related plants (their Vegetative material including hay, fodder and litter).
17. Pepper and Chillies (their Vegetative materials and fresh fruits)
18. Pineapple (their fruits)
19. Potatoes (All parts except seed tubers, tubers or consumption and seeds)
20. Rice (Vegetative Materials)
21. Rose and Strawberry (Vegetative materials)
22. Rubber Trees (All parts except Vegetative propagating materials and seeds)
23. Soils and Composts(for any use other than scientific and analytical purposes)
24. Sorghum (All parts except Vegetative propagating materials and seeds)
25. Soya Bean (Vegetative materials)
26. Sugar Cane( Cane for consumption, flower heads and foliage)
27. Sweet Potato (All parts except Vegetative propagating materials and seeds)
28. Tea (From any part of the world except African Continent)
29. Tobacco (Vegetative materials and seeds)
30. Tomatoes (Vegetative materials and fresh fruits)
31. Wheat, Barely, Oats and Rye( Vegetative materials)
32. Walnuts (Vegetative materials)
33. Yam (All parts except Vegetative propagating materials and seeds as well as Tubers for consumption).

My authorities are sections 1 2 and 5 of the Agriculture (Control of Importation) Act, 1964 and Paragraphs 2, 5, 7 and 9 of the Plants, etc.(Control of Importation) Regulations 1970.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 260)
“CAN AN ARRESTED PERSON BE MEDICAL EXAMINED WITHOUT CONSENT”

Police or any other government owned security agency has right to arrest any person and medically examine such person without consent of the arrested person for needed evidence. The police can even use reasonable force where necessary in conducting such medical examination. Note that the medical examination must be conducted by a qualified medical practitioner or professional with needed skills.

My authorities are sections 11, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 259)
HOW LONG CAN A GOVERNOR SPEND STATE MONEYS WITHOUT APPROVAL OF HOUSE OF ASSEMBLY.

Every year, every governor is expected by law to send in a budget to its House of Assembly for approval. The process of approving a budget may take months and within such time there is always need for state to spend public funds. Until a budget is approved, a Governor can withdraw and spend moneys from the Consolidated Revenue Funds of the state for necessary services of government for a period not more than six (6) months or until budget is approved, which ever that happens first prevails.
Such money to be withdrawn within such time must not be more than the amount that was approved for the previous year’s budget for such period of time.

My authorities are sections 122, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999.

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 258)
OFFENCES THAT CAN BE COMMITTED WITH A BALLOT PAPER IN NIGERIA.

Ballot Paper is an important election material. It is said that, Ballot Paper is stronger than a bullet. You indicate your choice of candidate on a ballot paper.

The following are electoral offences that can be committed on or using a ballot paper;
1. Forging of ballot paper or official mark on it.
2. Destruction of ballot paper
3. Giving of ballot paper to another person without authority and
4. Removal of ballot paper from any polling station
The punishment for any of the above offences is imprisonment for not more than 2 years.

Another set of offences concerning a ballot paper is;
1. Unauthorised printing of ballot paper or fake ballot papers
2. Printing more than the approved numbers or quantity of ballot papers approved by Independent National Electoral Commission (INEC)
3. Possession of ballot paper when not in process of voting
4. Manufacturing, Construction, importation, supply of devices or mechanism for secret storage or diversion of ballot papers in Nigeria.
The punishment for any of the above offences or an attempt to commit such is imprisonment for not more than 10 years and or N50, 000, 000.00.

My authorities are section 118(1)(e)(f)(g)(i), section 118(2),(3) and 158 of the Electoral Act, 2010.

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 257)

THE OFFENCE OF OWNING OR MANAGING A HOUSE USED FOR INTERNET SCAM.

Any person that merely allows or knowingly permits a property he occupies or manages to be used for internet scam or any form of advanced fee fraud is guilty of an offence. It is punishable with an imprisonment for not less than 5 years and not more than 15 years without an option of fine.

My authorities are sections 3 and 22 of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006.

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 256)
“DURATION FOR COMMUNICATION OF INJURY BY WORKERS TO AVOID LOSS OF COMPENSATION IN ANY WORKPLACE IN NIGERIA.”

Employee, workers, staff, contract staff, permanent and temporal staff of any government or private sector are all protected and to be paid for injury/disease/death sustained because of their work. Where an employee has such injury he must communicate same to his employer through a manager, supervisor or agent in charge of the place of work within 14 days. Where such employee is dead, then his dependants must make the communication. The communication must contain the name of the employee, time and place of event as well as the nature and cause of same in simple language.
Where an employee or his dependants fail to make such communication, they are prohibited from making any claims for compensation under the Employees’ Compensation Act. The Board of Nigeria Social Insurance Trust Fund May still allow such employee/his dependants to make claims where the board believes that the employer of such employee is aware of the incident and has not been prejudiced and the employee sufficiently described his disease or injury.

My authorities are sections 4(1) and (4), 73 and 74 of the Employees’ Compensation Act, 2010.



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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 255)
“IS AN ARRESTED PERSON ENTITLED TO LIST OF ALL PROPERTY TAKEN FROM HIM”

Gone are the days property of an arrested person are stolen or lost by an arresting officer. It is the duty of an arresting police officer to record details and inventory of all items and property recovered from an arrested person. Such must be signed by both the police officer and arrested person. Then, the arrested person and his lawyer as well as any other person the arrested person may authorise are entitled to copies of the inventory.

My authorities are sections 10(1), (2), (3) and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 254)
“IS IT ILLEGAL TO SPRAY OR DANCE ON NAIRA NOTES (MONEY) IN NIGERIA”.

It is your right to own and keep money and even dance in social events. Please note that is illegal to spray, sprinkle, shower or throw Naira notes in any part of Nigeria. It is also illegal to dance, step or match on Naira notes in any event including social gatherings in any part of Nigeria.
They are offences punishable with not less than 6 months imprisonment and or fine of N50,000.00.

My authorities are sections 21 and 61 of the Central Bank of Nigeria Act, 2007.

NOTE

This is our last Tip for this year. Thanks for reading our Daily Law Tips and we wish you a memorable Christmas celebration. We shall resume on 20th January 2019.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 253)
“DO CARS WITH FACTORY FITTED TINTED GLASSES NEED PERMIT FROM POLICE”.

It is a crime to own or use or drive a vehicle with tinted glass without a permit in any part of Nigeria. This applies to everyone; including politicians, celebrities, thugs and security officers. Tinted glass must not be dark, so it includes shaded glass, coloured glass and even glass covered with advertisement. A glass is tinted so far as persons or objects in the vehicle are not visible.

Permit for tinted glass is issued only on 2 grounds/reasons; Security or Health. It does not matter that your vehicle was manufactured and imported with tinted glass or that you bought it in Nigeria from someone that has a permit for tinted glass.

Permit for tinted glass is not issued to Vehicles rather to individuals and as such are personal and not transferable. Legally speaking nobody should ever be issued a permit for tinted glass just because his car came with factory fitted tinted glasses. The law expects you not to bring into Nigeria or buy a vehicle with tinted glass if you have no security or medical challenge.
Owning or using a vehicle with tinted glass but without a permit is an offence punishable with imprisonment for not more than 6 months and or fine of #2,000.00.

My authorities are sections 1, 2, 4 and 6 of the Motor Vehicles (Prohibition of Tinted Glass) Act, 1991.

Click and Read my full article on tinted permit, titled; “Prohibition Of Tinted Glass In Nigeria; Who Is Guilty?”

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 252)
“IS IT LEGAL FOR CIVILIANS TO USE/PAINT ARMY COLOUR ON VEHICLES IN NIGERIA”.

It is unlawful for any person to drive or be in charge of any motor vehicle painted in army green colour that does not belong to the Nigerian Army. Police has powers to seize such vehicle. It is an offence punishable with fine of #200 only and or imprisonment for not more than 6 months.

My authorities are sections 1, 2 and 5 of the Army Colour (Prohibition of Use) Act, 1977.

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 251)
“WHAT IS THE PUNISHMENT FOR ANY PERSON INCLUDING POLICE OFFICERS THAT TORTURES ANOTHER PERSON”.

In Nigeria, “Torture” includes parading of person in public, food deprivation, feeding with spoilt food or excreta, rubbing of pepper, rape, sexual abuse, use of drugs, blindfolding, threat/maltreatment of family and friends, prolonged interrogation to deny sleep, threat of death, denial of sleep, removal of clothes(nakedness), shaving of hair or secret detentions.
Any person that performs or witnesses or allows for any of the above to be performed on any person in Nigeria, upon conviction is punishable with imprisonment for a maximum term of 25 years.
Where torture caused death of tortured person, it is considered as murder and its punishable with death sentence.

My authorities are sections 2, 3, 8 and 13 of the Anti-Torture Act, 2017 and sections 316 and 319 of the Criminal Code as well as sections 220 and 221 of the Penal Code.

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 250)
“CAN POLICE RELEASE, RECOVERED PROPERTY TO ITS OWNER, EVEN WHERE IT’S AN EXHIBIT TO BE USED IN COURT”.

Often times, Police officers refuse to release stolen but recovered property to their owners under the excuse that such are “exhibits” to be used in court against arrested suspects. This causes hardship and even damage to property.

Now by the Administration of Criminal Justice Act 2015, upon a request, a police officer has right to release any property recovered from an arrested suspect to the owner of such property or to any person that has interest on such property. Such property is to be released on bond (an undertaking to return such property where the need arises) until such arrested suspect is sent to court.

If police fails to release such property, then such police must make a report to the court stating information of the property recovered from the arrested suspect and the court can then order that such property be returned to its owners in the interest of justice, where necessary.

Note that where an arrested suspect is released and not charged to court for lack of evidence, any property recovered from such arrested suspect must be returned to him unless there is proof that such property is connected to crime.

My authorities are sections 10(4)(5)(6)and 7 and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws in states across Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 249)
“IT IS A CRIME TO ALTER OR DESTROY VOTER’S REGISTRATION NOTICE/INFORMATION”.

Independent National Electoral Commission (INEC) has powers to provide information for registration of voters. It is an offence for any person to alter, destroy, change, remove or cancel any information or notice provided for registration of voters. It is an offence punishable with a maximum fine of N1 Million Naira and or term of imprisonment for 12 months.

My authorities are sections 117(1)(a) and (I) and 158 of the Electoral Act, 2010.

 

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