Browse Legal Topics

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    123  
    24-08-19
    In employer and employee relationships just like in any relationship disputes are bound to arise and where the dispute is not properly managed it may lead to the termination of employment by either the employer or the employee. Generally, the principles of law governing the termination of employment depend on whether the termination is that of;(a) Termination of master and servant contract of employment;(b) Termination of Employment with statutory flavour; and(c) Termination of employment at will.Termination of Written Contract of EmploymentWhere there is a written contract of employment, it is outside the province of the Court to look anywhere for terms of termination of the contract, other than in the written contract. See: Katto vs. C.B.N (1999) 6 NWLR (Pt. 607) 390 at 405, paras. D-F.The terms and conditions of contract of employment are the substratum of any case where the issue ...
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    103  
    23-08-19
    IINTRODUCTIONDisputes between Bankers and their customers, whether savers or borrowers are inevitable like in any other commercial contractual transactions, due to risk factors which are not the focus of this Legal Illumination. Some of these disputes will of course be resolved at customer care desks or via emails or phone calls, while some will end up in the court of law for adjudication.Bank customers as well as Bankers in Nigeria have lost billions of naira as result of engaging Lawyers who lack depth in Banks and Customers dispute jurisprudence. Thus, the focus of this edition of Akintunde Esan's Legal Illumination is on Nigerian jurisprudence on some of the issues of disputes between Banks and their Customers in Nigeria.A. BANKER AND CUSTOMER RELATION 1. Banker and Customer Contract The relationship that exists between a banker and customer is one founded on a banke...
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    150  
    23-08-19
    By Akintunde Esan - 14:05, 01 Apr, 2017Tags: Property Law, Tenancy, Landlord and TenantA. Introduction There are a lot of misconceptions on the position of the Law regulating Landlord and Tenant relationship in Nigeria, particularly in Lagos State which has the highest number of Landlords and Tenants in Nigeria. This edition of Akintunde Esan’s Legal Illumination, focuses on some key points of the Lagos State Tenancy Law enacted in 2011 which every Landlord and Tenant in Lagos State ought to know in order to avoid evitable embarrassments, trauma , disputes, court cases, imprisonment or payment of fines or damages. B. 12 Important Points of Law to Note 1. Landlord: The person entitled to the immediate reversion of the premises2. Tenant: Includes a sub-tenant or any person oc...
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    117  
    23-08-19
    Land Law, Land Documentation, Land Law, Certificate of OccupancyLAND LAW : PROTECTING YOUR INVESTMENT IN LANDED PROPERTIES IN NIGERIA1.Legal Protection ofYour LandedPropertiesInvesting your hard earned money in a land or landed property without legal protection is holding a time bomb in your hand.Legal protection of your property is to have all the necessary legal documents that, guarantees and protects your right to exclusive ownership and enjoyment of your property.2.Means ofAcquisition ofland and theNecessaryLegal DocumentsPurchase - Purchase Receipt, Deed of Assignment.Lea...
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    86  
    23-08-19
    These fifty-seven (57) Legal Illuminations of Akintunde Esan Online are a compilation of selected Legal Illuminations of Akintunde Esan published online between 2012 and 2019 on his Blog known as:Akintunde Esan’s Legal Illumination @ https://akintundeesan.blogspot.comAkintunde Esan’s Legal Illumination is an Online Legal Resource Blog containing the legal illuminations of Akintunde Esan on the jurisprudence which determines the enforceability of legal rights and obligations in Nigeria.Akintunde Esan's Legal Illumination is a product of a twenty-one (21) years evolution of a legal intelligence rooted in the blend of the academic research, practice experience and street understanding of the appropriate applicable Nigerian law to real life and live legal issues and situat...
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    131  
    23-08-19
    A. IntroductionThis edition of Akintunde Esan’s Legal Illumination is focused on providing legal illumination for the next of kin, beneficiaries, dependants or legal representatives of deceased employees having challenges with claiming their death benefits.B. The Relevant LawsThe claiming of death benefits of deceased employees/workers in Nigeria is subject to the provisions of Nigerian Labour Law, Insurance Law, Employee's Compensation Law and Administration of Estate Laws. C. Employee’s Death BenefitsThe Death benefits of a deceased employee for the purposes of this legal illumination are all the benefits that, accrued or accrues to an employee by virtue of his or her employment as at the time and date of his or her death, which his or her next of kin, beneficiaries, dependants or legal representatives are legally entitled to claim. These benefits could be one or more of the following: outstanding salari...
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    126  
    30-07-19
    Small business owners are faced with numerous challenges such as running funds, clients management and engagements, investors engagement, intellectual property protection, employment matters, industry regulations and compliance matters, competitions and collaborations matters, stabilities and expansion issues, taxation issues, etc. Each highlighted challenge is filled with opportunities as well as risks which is likely to sink the business.It then becomes pivotal for all small business owners to consider methods and ways to preventing damaging and unforeseen occurrence from happening to the business. Hence the need for a small business lawyer.Unfortunately, small business owners prefer to solve problems rather than preventing them and it safe to say that you are most likely going to save cost going for regular check-up with a doctor than going when your system breaks down. So basically, a business lawyer is someone you go to see for your regular business...
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    259  
    27-03-19
    INTRODUCTION:Nigeria has so many laws and regulatory agencies aimed at protecting consumers from harmful products and services, which also secures the rights of consumers from sharp practices of some manufacturers, service providers and product dealers in Nigeria. From telecommunications to digital satellite television to electricity supply to imported and exported goods to market commodities to health care facilities and aviation services; citizens earnestly yearn for improvement in the quality of products, goods and services which they get in the course of their daily need for survival.Recently, the government of Nigeria promulgated the Federal Competition and Consumer Protection Act, 2019 (FCCPA) and this piece of legislation have introduced new developments in our economy by promoting fair, efficient and competitive markets in the Nigeria with a view to eliminating monopolistic practices of manufacturers of products and services. It also safeguard...
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    359  
    25-03-19
    IntroductionThe Companies and Allied Matters Act (CAMA) is the statute that regulates the operations of Companies in Nigeria. This Law has been in force for about 28 years without any amendment or alteration whatsoever despite the myriads of development in the global business clime.In a bid to tackle the seeming stagnancy and primitive methods of doing business in Nigeria as a result of the outdated enabling law which had hitherto impeded business advancement, the law-making arm of the Nigerian Government introduced the CAMA Bill 2018 which objectives are essentially to meet up with the present international best practice as well as promote ease of doing business.On 15th May 2018, the Nigerian Senate passed the new CAMA bill into law while on Thursday, 17th January 2019 the House of Representatives passed the Companies and Allied Matters Act 2018 through the Committee of the Whole. The Bill is now transmitted to the President for his...
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    1753  
    31-10-18
    A. Introduction This edition of Akintunde Esan's legal illumination is focusing on how to initiate or commence a divorce process in Nigeria and the the only eight (8) legal grounds upon which a divorce is legally required to be filed in Court in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the filing for Divorce in Nigeria.B. Where to Get a Divorce The place to get a divorce in Nigeria is either in the High Court for statutory marriages or the Customary Court for customary marriages. The legal implication of having either a customary or a statutory marriage is that, while a statutory marriage can only be dissolved by a High Court of competent jurisdiction on the statutory grounds provided in the Matrimonial Causes Act, a customary marriage can be dissolved arbitrarily or without resorting to the Customary Court by:i) The wife leaving the husband and the bride price being refunded; ...
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    665  
    30-10-18
    A. Introduction Divorce is the legal dissolution of a marriage. There are different perspectives to the grounds for dissolving a marriage such as the religious, cultural, jurisprudential, sociological, statutory, trendy, mystical and pragmatic perspectives. Take for instance in the Christian faith, adultery is the only recognised ground for divorce.This edition of Akintunde Esan's legal illumination is focusing on the legal grounds for getting a divorce in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the filing and processing of a divorce in Nigeria. The Matrimonial Causes Act Prior to the year 1970, the statute regulating the requirements, conditions and grounds for divorce in Nigeria was the English Matrimonial Law known as the Marriage Ordinance or Old Marriage Act, which became applicable in Nigeria by virtue of Lagos beco...
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    2685  
    30-10-18
    A. IntroductionThis edition of Akintunde Esan's Legal Illumination is written with the plight of parents battling with the issue of child custody in mind. Who will the Court grant the custody a child or the children after going through the pains and trauma of a divorce or a separation.Thus, the focus of this legal illumination is the factors the Court will consider in awarding custody to one of the parents whether married or unmarried; or married but separated; and whether the child custody is sought for with or without a divorce.B. Who is a Child The African Charter on the Rights and Welfare of the Child defined a child as “every human being below the age of eighteen years”.The United Nation’s Convention on the Rights of the Child of 1989 defines a child as a person below the age o...
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    444  
    01-04-18
    A lot of Start-ups are confused as to the appropriate corporate structure to use for their business. The decision on how to form your business will influence several aspects of the business which includes how profits and losses are shared, how the business pays taxes and who runs the business. Factors that you will consider before making a choice of corporate structure for your business include purpose/object of the business, cost of registering the business and cost of maintaining it, capital, taxation, liability, management et cetera. If you want to run a one-man business then Business Name will be suitable for you. Incorporation of company requires at least two Subscribers (members).Formation of private company requires at least 2 members and a maximum of 50 members while a public company requires at least 2 members and has no maximum number of members. Thus, where the intending shareholders of a proposed company are more than 50, the only op...
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    546  
    19-01-17
    What is a witness?A witness is someone who can provide evidence relevant to a case being dealt with in court. In other words, they have seen, heard or otherwise observed something that may assist a court in deciding a case.A witness might be called to court to give evidence in a range of cases, including civil, family and criminal cases. The information here deals with appearing as a witness in criminal cases, however, many of the general principles about appearing as a witness are the same, no matter what type of case it is.How is a witness identified in criminal cases?Usually, while police are investigating an alleged offence, they try to locate any witnesses who may be able to assist in their investigation and who may later be able to attend court to provide evidence about the offence. Witnesses may also be located by the person charged with a criminal offence, to assist them in the presentation of their defence in court.Do witnesses...
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    729  
    19-01-17
    A document that expresses mutual accord on an issue between two or more parties.Memorandum of understanding are generally recognized as binding, even if no legal claim could be based on the rights and obligations laid down in them. To be legally operative, a memorandum of understanding must; identify the contracting parties,spell out the subject matter of the agreement and its objectives,summarize the essential terms of the agreement, andmust be signed by the contracting parties. Also called letter of intent.
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    1079  
    16-03-16
    Nigeria’s economy remains heavily dependent on its crude reserves, with oil and gas still accounting for 80 per cent of the county’s fiscal revenue and 95 per cent of its export receipts. The drop in global benchmark oil prices over the last few months has therefore seriously impacted government revenues, with the naira losing over a quarter of its value against major foreign currencies in the last few months. This price drop resulted in a significant slowdown in oil transactions and in some cases even put a stop to them. The World Bank recently revised its prediction for the country’s economic growth in 2015 down from 6.3 per cent to 5.5 per cent.Despite this, the energy industry continues to provide a high level of activity for lawyers, with the second phase of the government’s ambitious power privatisation programme now resulting in international oil companies divesting their interests in Nigerian oil reserves. Total recently completed the...
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    702  
    03-03-16
    If you are going through a divorce, you can increase your chances of obtaining a successful outcome in your case by helping your lawyer in the following ways:Provide your lawyer all pertinent legal documents about your caseYou want to ensure that your attorney is fully aware of the document information pertinent to your case, such as pleadings that were filed, documents that were served or filed in court, financial records, taxes, income information, etc. Valuations of community property, such as blue book values or professional appraisals, as well as statements of bank accounts at the time of separation are documents that you must provide to your attorney.Prepare a summary of your caseYour attorney must be aware of the of your side of the story. You need to tell your attorney all of the facts and provide him or her with a case summary and factual and historical account of your ma...
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    749  
    03-03-16
    There are five recognized stages of grief in the Kübler-Ross model: denial, anger, bargaining, depression, and acceptance. Many people experience them during a divorce - maybe not in the same order and maybe not all of the emotions. DenialA good friend just came to me in tears. Her husband wants a divorce. I don't think it was a shock to her as much as an overwhelming feeling of sadness and denial. Maybe he will change his mind - after all, they have been talking about it for years. Her sadness was palpable. AngerThe husband had her "served" with a divorce petition. That is the paper that is filed with the court stating "you have been sued" and asking the court to dissolve the marriage. Now her emotions became raw and she became angry. How could he do this? BargainingThey had just been talking and now she is holding legal documents. Why could she/he not just wait until school is out and their son finishes six...
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    1140  
    02-03-16
    The Nigerian justice system – which comprises four distinct branches: English law, Common law, Customary law and, in the predominantly Moslem north of the country, Sharia law – is in dire decline. Once the pride of Africa and the cradle of lawyers and judges that went on to serve with distinction across sub-Saharan Africa and even as judges in international courts, Nigerian justice is now often perverted such that it is the complainant who ends up in the dock, while the guilty are let off scot free.More than 700 prisoners currently languish on death row – some 140 have been there for more than 10 years and a number for over 20 years – many of whom were not given fair trials. Furthermore, human rights are frequently violated by, for example, roadside strip searches, unlawful detention, torture to extract confessions and, most shocking of all, extra-judicial executions (the murder) of detainees unable or unwilling to pay bribes. These and other...
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    2197  
    02-03-16
    When as Nigerians, we come in contact with the law, either through contracts or court prosecutions and civil actions, it is sometimes difficult to fully understand the system of the law so we usually depend on lawyers to interpret the laws or procedures and also to stand for us as advocates in court. This article will be giving a brief introduction to the Nigerian legal system in a lay man’s terms in other to help the common Nigerian on the street who has no legal training understand how the law affects his civil rights, duties and obligations. SOURCES OF NIGERIAN LAW There are numerous sources of law in the Nigerian legal system, they include: 1. The Constitution 2. Federal and State laws made by the Legislature. E.g. the National Assembly, consisting of the Senate and House of Representatives and also State House of Assemblies. 3. Customary and Islamic law 4. Laws of regulatory agencies such as N...
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