On November 14, 2018, the leading law publisher in Nigeria by name "The Nigeria Lawyer" featured Onyekachi Umah, Esq as the Legal Personality of the Week. Mr. Umah granted an interview to TheNigeriaLawyer.com and same was published on www.TheNigerialawyer.com and same is reproduced below;  

Onyekachi Umah, Esq. has received a "Special Award" in recognition of his contribution to the growth of young lawyers in the Corps legal Aid Scheme and Nigeria in general. Mr. Umah was awarded along side Prof. Ernest Ojukwu, SAN and other distinguished senior lawyers by the Corps Legal Aid Group of Federal Capital Territory, at an event at the Abuja Film Village Theatre, Cyprian Ekwensi Centre for Arts and Culture, Area 10, Abuja on Monday 24 September 2018.

Onyekachi Umah, Esq has been featured by a leading national newspaper (This Day Newspaper) as a legal personality of the week in its edition of September 11, 2018. Mr. Umah answered questions in his interview, giving insights to his law practise in Nigeria, passion to increase access to legal information and awareness as well as advice to other legal practitioners across Nigeria. Details of the interview as published by This Day Newspaper are contained below.

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 64)

The correct citation of the constitution of Nigeria is “Constitution of the Federal Republic of Nigeria, 1999”. Nothing more, nothing less, whether amended or not.

See section 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 63)

No matter the size, location and long ownership of your land, no government will compensate you for your land if it compulsorily acquires it. Rather government shall compensate for unexhausted improvements/developments on such land, like buildings, crops, fence, well and installations, etc.

See section 29 of Land Use Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 62)

Although State High Courts have exclusive jurisdiction to entertain cases of land disputes and none payment of compensation, there is NO court in Nigeria that has power and jurisdiction to entertain any case on adequacy of compensation to be paid or paid over a compulsorily acquired land by government.

See, Sections 39 and 47 of Land Use Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 61)

Although all lands in a state belongs to the Governor of such state, government cannot compulsorily acquire a land for overriding public interest without first issuing a valid Notice to the holder of right of occupancy of such land.

See, Section 28 (4) of Land Use Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 60)

The offence of entering a public transport by a person suffering from an infectious diseases without giving prior notice to person in charge of such transportation is punishable with a fine of #10.00 or 1 month imprisonment and payment of any cost incurred by the transporter in disinfecting the ship or vehicle.

See, Section 31 of Public Health Act and equivalent state laws.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 59)

An employee is entitled to compensation for any accident sustained on the way between his place of work and his home or his favourite restaurant or his bank where he usually receives his payment.

See, Section 7 (2) of Employees’ Compensation Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 58)

It is an offence for a person suffering from an infectious diseases to enter a ship or a public transport without previously informing the person in charge of such transport of his disease.

See, Section 31 of Public Health Act and other equivalent state laws.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 57)

A professional who works for public service or civil service or any public interest institution without being registered with the Financial Reporting Council of Nigeria is guilty of an offence, punishable with a #500,000 or 6 months imprisonment or both.

See, Section 41(6) of Financial Reporting Council of Nigeria Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 56)

It is an offence to start building or build or use a FACTORY without first registering it with the Federal Ministry of Labour and Productivity. It is punishable with fine of #2,000 or 12 months imprisonment or both.

See, Section 3 (4) Factories Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 55)

No professional is permitted to work for Nigeria and be paid without first of all being registered with the Financial Reporting Council of Nigeria.
All professionals in public and civil service should take note. Defence lawyers should explore this.

See, Section 41(2) of the Financial Reporting Council of Nigeria.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 54)

A business name needs not to be registered with the Corporate Affairs Commission (CAC) where such name only shows that the business is conducted in succession or it contains only surname of 2 or more partners with same surnames added letter “s”. For example “ONYEKACHI UMAH & SONS” and “UMAH’S”.

See, Section 573(2) of the Companies and Allied Matters Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 53)

The Executive Secretarty and the Officers of the Federal Capital Territory Authority have Right of Access at all times to any land or building located within the Federal Capital Territory to ensure their is no contravention of law in any building or land.


See, Section 8(1)(a) of the Federal Capital Territory Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 52)

Every FACTORY in Nigeria is expected to be registered with the Ministry of Labour and Productivity at least 6 months before the construction of such Factory.

See, Section3 of the Factories Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 51)

Employees’ Compensation Act applies to all employers and employees in Nigeria whether Public or Private sector, not-minding the number of employees an employer has. Only the Nigerian Army is exempted.
Ensure your employer is registered with the NIGERIA SOCIAL INSURANCE TRUST FUND to be protected and duly compensated.

See, Sections 2 and 3 of the Employees’ Compensation Act,2010.

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DAILY LAW TIPS

by Onyekachi Umah,Esq.

(Tip 50)

Where a party to a civil suit intends to change his/her legal practitioner, 3 days Notice of same must be filed in court before the next hearing date.

See, Order 55 (2) of the High Court of the Federal Capital Territory, Abuja (Civil Procedure) Rules, 2018.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 49)

Any marriage conducted outside Nigeria between a Nigerian and a Non-Nigerian before a Marriage Officer in his office is VALID in Nigeria.

See, section 49 of Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 48)

In custody of a child, no parent has a higher or better right over the other. Both parents are equal and can be granted custody, the sex of a child notwithstanding, unless a parent shows special reasons why the other should not be granted custody.

See, WILLIAMS V. WILLIAMS (1987) 2 NWLR (PT. 54) 66.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 45)

A GUARANTOR is technically a debtor. He is expected to pay where and when the Principal/Main Debtor fails to pay debt.
Think twice before your sign a Guarantor’s form/agreement.

See the case of CROWN FLOUR MILLS LTD V. OLOLAUN (2008) 4 NWLR (PT. 1077), 254 @ 298.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 44)

A certificate of a License Place of Worship with regards to powers to wed people is not same as a Certificate of registration of a church/worship place. The first is issued by Ministry of Internal Affairs while the later is issued by Corporate Affairs Commission (CAC).

See section 6 of Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 43)

Do you know that a tenant for a term certain (for a certain period of 1 year) upon the expiration of his rent & term does not need a Notice to Quit rather a 7 days Notice of Owners Intention to Recover his Premises.

See sections 7 and 8 of Recovery of Premises Act and equivalent laws in states.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 42)

Area Courts are for all persons; both Christians and Muslims. It is for all Africans and non-Africans that agree to go before it.

See section 14 and 15 Area Courts Act and equivalent laws in states.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 41)

Every litigant that intends to oppose a motion in a matter before a High Court of the Federal Capital Territory now has 7 days from the day of receipt of such motion to file his counter affidavit and written address.

See the brand new HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA (CIVIL PROCEDURE) RULES 2018 specifically ORDER 43(1)(3).

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 40)

Court processes and other legal documents can be validly served on any person on a Saturday. Saturdays are not holidays in Nigeria like Sundays. Saturdays count!

See the decided case of ETSAKO WEST LOCAL GOVERNMENT COUNCIL V. ISA (2014) 8 CLRN or (2104) LPCLR -23023 SC.
Also see section 15(5) Interpretation Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 39)

Happy valentines!

It is an offence for a couple already married in English/Statutory Marriage to later seek to re-marry themselves under Traditional/Native/Customary law. It is an offence punishable with 5 years imprisonment!
So couples that perform English wedding before payment of bride price and traditional weddings are earned!
Kindly see Section 47 of the Marriage Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 36)

A landlord is not expected to repay a tenant for repairs made by the tenant unless the landlord authorised the tenant in WRITING. So oral agreement between landlord and tenant over repairs to be done by tenant is not allowed in our laws. See section 15 of Recovery of Premises Act and its equivalent Laws in other states.


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DAILY LAW TIPS 

            by Onyekachi Umah, Esq.

                  (Tip 38)

Yes, the Pension Reform Act (PENCOM) applies to all Public servants, Private Sector Employers with 15 or more employees.

See Section 2(1) and (2) of Pension Reform Act.

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DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 37)
 
Case of divorce or dissolution of marriage can only be filed and heard in a State High Court while a case for custody of a child can be filed and heard in a Magistrate Court or a State High Court. See section 2 of Matrimonial Causes Act and section 150 of Child’s Rights Act.
 
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DAILY LAW TIPS 

            by Onyekachi Umah,Esq.

                  (Tip 35)

 

Only the state high courts across Nigeria can entertain land dispute cases and land compensation cases. See section 39 of LandUse Act. 

 

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DAILY LAW TIPS 

            by Onyekachi Umah,Esq.

                  (Tip 34)

 

It is a criminal offence punishable with Life Imprisonment for any person to deal, package, hawk, sell or trade on Petroleum or petroleum products without license.  See section 1(17) of the Miscellaneous Offences Act.

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Hello, am glad to have your eyes on this page. On last edition I wrote on “Safest Means of Purchasing rural Land” which dwelt on the purchase of land under customary law which often occurs in our villages. I highlighted the legal requirements and steps to a successful land transaction under such law. Now is time for us to take a deep dive into land transaction under our statutory law. It is for land transactions in our towns and cities. I urge you to learn as much as you can and save yourself embarrassment.  

In our traditional Nigerian banking system, cheque books are only offered to current account owners who are in turn charged on transaction. The present advancement in banking has invoked the offering of savings account with cheque books and quasi-cheque books with limited features and acceptability.

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