PROCEDURE FOR REGISTRY MARRIAGE IN NIGERIA

PROCEDURE FOR REGISTRY MARRIAGE IN NIGERIA

Marriages in all religions and faiths is a sacred institution, a union of two who unite  to become one, this not only promotes procreation as married couples more often than not have children, spending the rest of one’s life with that special significant other can lead to a life of happiness and maybe pain (as the case may be), but let’s not dwell on the emotions that tear at couples during their lifetime pact to remain by eachother, let’s focus rather on the rules and guidelines that the law prescribes for marraige. The Marriage Act is the law that makes provisions for the celebrations of marriages in Nigeria.


The Marriage act provides for the office the Principal Registrar for Marriages and a deputy for each marriage district. Whenever a person desires to marry, one of the parties of the intended marriage must sign and give to the registrar a notice of intention to marry. The registrar in turn shall enter the notice into the Marriage Notice Book and post a copy of the notice on the outer door of his office until after the marriage certificate is granted or for a 3 month period. If the marriage does not take place within the 3 month period, the notice shall lapse and any couple who intends to marry must fill another notice.

 Before a Registrar can issue a certificate of marriage,he must be satisfied that:
– one of the parties has been resident within the district.
– that each party to the intended marriage is above 21 yrs and if below, that requisite consent has been obtained in writing.
– that the parties are not kins or relations of each other or any relationship of affinity.
– that neither of the intended parties are married to others.

If anyone knows a reason why the marriage must not take place,such person must write a caveat with the word “forbidden” opposite the notice and include his name, contact address and reasons why he believes the couple should not be married. Whenever a caveat is entered,it is the duty of the registrar to refer the matter to a judge of the High Court who shall invite all the parties and shall determine the case. If the judge decides that the certificate ought to be issued,he shall remove the caveat by cancelling the word forbidden in the notice book.
 
It is provided that no marriage in Nigeria shall be valid where either parties of the intended marriage is married under customary law to another person. It should be noted that it is a crime punishable by 5 years imprisonment for an unmarried person to knowingly marry another person who is married to someone else. Also, any one who tries to stop a marriage by falsely pretending that his consent was needed and not sought or that there is a legal reason why the parties should not be married shall be liable to imprisonment for 2 years.  

– Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com

CITIZENSHIP UNDER NIGERIAN LAW

CITIZENSHIP UNDER NIGERIAN LAW

 A Citizen as defined by the Oxford Dictionary is a person who has full rights in a country. A citizen could also be a person who is recognised by a country as being her citizen because such person possesses some chracteristics (e.g. To be born in that country) which entitles him or her to some rights in that country. Under the Nigerian 1999 constitution, one may be a citizen either by birth, registration or by naturalisation  ( see Section 25 – 32 of 1999 Constitution). 
 
Citizenship by birth.

 A citizen by birth in Nigeria is a person who was born in Nigeria before or after independence and whose parents or grandparents belonged to a community indigenous to Nigeria or any person born outside Nigeria either of whose parents is a citizen of Nigeria.
Citizenship by Registration. 
The President may register any person as a citizen of Nigeria if he is satisfied that such person is of good character; he has shown a clear intention to be domiciled in Nigeria and has taken the Oath of Allegiance. Such persons are usually women who are married to Nigerians or people born outside Nigeria who are of full age capacity and either of  whose grandparents are Nigerians.   
Citizenship by Naturalization.
 Any person may also apply to the President of Nigeria to be granted a certificate of naturalisation. However such person must satisfy the following conditions:
–  He must be a person of full age and capacity;
– He is a person of good character;
– He has shown a clear intention to be domiciled in Nigeria;
– He is in the opinion of the Governor where he plans to reside to be acceptable to the local community as has assimilated the way of life of Nigerians;
– He has made or is capable of making contributions to the advancement; progress and well – being of Nigeria;
– He has taken the Oath of Allegiance;
– He has resided in Nigeria for a period of fifteen (15) year;
– He has resided in Nigeria for a period of 12 months and preceding that has stayed in Nigeria for periods amounting in aggregate to not less than fifteen years.   
Persons who are citizens by registration or by naturalization may forfeit their Nigerian citizenship if he retains or acquires the citizenship of another country where he is not a citizen by birth and any person who is of full age capacity may renounce his Nigerian citizenship by declaration and the President shall cause the declaration to be registered. Such declaration will however not be accepted if made during any war in which Nigeria is physically involved or is contraty to public policy in the opinion of the President. 
Any citizen of Nigeria by registration or naturalization may be deprived of his citizenship if within 7 years after becoming a citizen such person is sentenced to imprisonment of not less than 3 years or if he has conducted himself in ways that shows disloyalty towards the Federal Republic of Nigeria. 
 
By: Adedunmade Onibokun Esq.       
@adedunmade
dunmadeo@yahoo.com
SEARCH WARRANTS: Rights of Police Officers

SEARCH WARRANTS: Rights of Police Officers

 How a Search warrant works.   What do you do when a policeman walks up to you and demands that you empty your pockets or stops you at a check point and demands to search your vehicle or maybe even your house? At such times, i have always yielded to their demands and i am sure you have too.

But do policeman really have the authority to search a person at will? Let’s find out from the following parahraphs. 

 
A search is an examination of a person’s body, vehicle, house, premises, aircraft or any other vessel, with a view to discovering contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some other crime or offence with which he is charged. A search may be that of a person’s body or may be by way of a medical examination of the body of a person suspected of having committeda crime, for instance, a DNA sample taken and examined by a qualified medical examiner.  

The Nigerian Police do have the authority by virtue of the Police Act to search persons and premises.  In the course of executing a search warrant, the law states that a woman can only be searched by another woman, it is prohibited by law for a man to search the body of a woman though no rule states that a woman  cannot search a man.  When searching premises, the search must be conducted in the presence of two respectable inhabitants of the neighborhood summoned by the person to whom the search warrant is addressed. It is lawful for a policeman to detain and search any person whom he reasonably suspects of having in his possession any stolen item.

It is mandatoty that before a search warrant is executed, the warrant must be shown to the person to whom it is addressed and items found during a search are liable to be seized by the police. It should be noted that according to Nigerian law, any item illegally obtained by the police may still be admiitted in court as evidence. A search is obviously from the above stated paragraphs very critical to a police investigation as it aids the Police in gathering intelligence which will help resolve the crime.  

Adedunmade Onibokun Esq
@adedunmade
dunmadeo@yahoo.com

BAIL; FREE OR NOT

BAIL; FREE OR NOT

Many Nigerians do not understand the concept of bail, there have been questions about whether bail is free in police stations or whether it should be free. In some countries, offenders are required to post bail after submitting a form of security. In Nigeria, the police is empowered to grant bail for a reasonable sum,

the law however fails to state how much a reasonable sum is which leaves its interpretation very vague and relative. It should be noted that the intention of this article is only to share information and the services of a lawyer may be of importance if one happens to be in a situation where bail is required.
Bail is the temporary release of a person who has been arrested, charged to court or imprisoned, pending the conclusion of investigation or the determination of the case against him, or the determination of his appeal against conviction. There are 2 types of bail; police bail and court bail, thus bail can be granted by the Police or by the Courts.
In the Court the general rule is that anyone who is not arraigned for an offence punishable by death can be admitted to bail. The law provides that anyone arrested must be brought before a court of law within a reasonable time or the person should be released on bail. Reasonable time is defined as 24 hours after arrest where a court is situated within 40 kms from the Police station and 48 hours where the court is far away from the station. The process for applying for bail at the station is in writing, the person applying  shall produce a surety and the application shall include the passport photograph of the surety, if conditions are set for the bail,the suspect must satisfy the conditions before he is released. Bail is free in the police station however in reality this is far from the truth as some policemen demand payment for such bail applications even though the monies collected are never rendered to their superiors.

 
There are various conditions upon which a court may grant or refuse bail and some of them include:
– The likelihood that the accused person, if admitted to bail,will not interfere with police investigations.
– The gravity of the offence and the severity of the penalty.
– The likelihood of the accused person committing another offence while on bail.
-The criminal antecedents of the accused person.
– The number of times the suspect has committed the offence.
– The health condition of the accused.
 When an accused person jumps bail, the person may be re-arrested by the police and refuse any further bail applications made by him unless he shows good cause to the contrary.

Section 27 of the Police Act also empower the Police to grant bail for a reasonable amount, this is contrary to popular knowledge that bail is free. It provides that

” when a person is arrested without a warrant, he shall be taken before a magistrate who has jurisdiction with respect to the offence with which he is charged or is empowered to deal with him under section 484 of the Criminal Procedure Act as soon as practicable after he is taken into custody:
 Provided that any police officer for the time being in charge of a police station may inquire into the case and-
(a) except when the case appears to such officer to be of a serious nature, may release such person upon his entering into a recognisance, with or without sureties, for a reasonable amount to appear before a magistrate at the day, time and place mentioned in the recognisance; or

(b) if it appears to such officer that such inquiry cannot be completed forthwith, may release such person on his entering into a recognisance, with or without sureties for a reasonable amount, to appear at such police station and at such times as are named in the recognisance, unless he previously receives notice in writing from the superior police officer in charge of that police station that his attendance is not required, and any such bond may be enforced as if it were a recognisance conditional for the appearance of the said person before a magistrate.”
There is a current confusion with regard to the issue of bail as sometimes, the police have advertised that bail is free, however in reality, this may not be the case. As stated in the law, it depends on the police officer in charge to determine if bail will be granted and its also at his discretion to determine the amount at which bail is to be granted. This aspect of the Police Act really  needs amendment in other to remove the vagueness of the law.

By: Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com

TAX OBLIGATIONS AND RESPONSIBILITIES OF LEGAL PRACTITIONERS

TAX OBLIGATIONS AND RESPONSIBILITIES OF LEGAL PRACTITIONERS

TAX OBLIGATIONS AND RESPONSIBILITIES OF LEGAL PRACTITIONERS
by
SANMI ABIODUN  
Obligations in the legal sphere towards tax are in varying capacities; individuals and corporate entities (law firms). The duty of a legal practitioner to tax payments can initially be captured by his role as a Nigerian citizen, hence, Section 24(f) of the Constitution of the Federal Republic of Nigeria, 1999. Section 41(3) of the Personal Income Tax Act, 1993 confers a more specific duty on all legal practitioners to file the returns of their income and claims for reliefs and allowances relating to the preceding year within 90 days from the beginning of every year. He is to obtain and complete the required forms from the govt. designated banks and make payment in line with the minimum tax payable for his category.
 
With due recourse to Section 20 the PITA, 1993 and Chief FRA Williams v Regional Tax Board (1965), deductable expenses for legal practitioners include books, journals, subscriptions to professional associations and conference fees. Capital allowance refers to claims in replacement for depreciation. In law firms, capital expenditure will include furniture and fittings, motor vehicles, buildings and books. In another vein, Withholding Tax is like an advance tax where deductions have been made from your practicing fee.  
As an employer, law firms have an obligation, subject to Section 80 of the PITA, to deduct appropriate tax from the total emolument of employees and remit same to the relevant tax authority on or before the 10th day of the following month. The firm however has another obligation in respect of payments to any individual or unincorporated entity of rent, commission, management / professional fees, consultancy fees, technical service, directors’ fees, dividend, agency arrangements/agreements tenancy agreements and supplies.
The firm is to ensure that appropriate withholding tax must be deducted and remitted to the Lagos State Internal Revenue Service (LIRS). All clients are also to be encouraged to pay same, failure of which attracts a fine of 10% addition in line with Section 73 of PITA, 1993. Firms also have an advisory duty role to clients to submit for assessments, transactions on sale of assets that attract Capital gains tax and issues of stamp duties.
 From:  Esq Law Practice Magazine,  volume 2 issue 5, NBA Special Edition 2.

NIGERIA TERRORISM PREVENTION ACT 2011

Introduction – Terrorism (Prevention) Act, 2011
Terrorism has continued to threaten global peace and prosperity. To address this criminal activity, governments all over the world, including the Nigerian government, have passed into law various legislation making terrorism very serious global criminal offences.
In Nigeria, the legislation that proscribes all manner of terrorist activity is the Terrorism (Prevention) Act, 2011.
What is Terrorism?

Terrorism is described as the calculated and extreme use of violence or threatened violence, perpetuated by malice, to cause serious harm or violence against individuals, governments and their assets with the intention to attain political, religious or ideological goals, through intimidation or coercion or instilling fear on civilian population.
Prohibition of Terrorism

It is a criminal offence, under Nigerian law, for any person to commit, threaten, promote, assist or facilitate any act preparatory to or in furtherance of, or the actual execution of any act(s) of terrorism.
It is also a criminal offence for any person or group of persons to seize, detain or attempt to seize or detain, or threaten to kill or injure another person (or property) as a basis to induce the release of a terrorist, or to as a basis to advance a terrorist agenda, or to have the authorities forebear a terrorist offence. The penalty on conviction for these offences is ten (10) years maximum imprisonment.
Terrorism Funding
Any person who directly or indirectly provides or collects funds with the knowledge or intention that such funds will be used in full or in part for any kind of terrorist activity commits an offence and is liable on conviction to a maximum term of imprisonment of ten (10) years. Similar provisions and penalty applies to persons who knowingly solicit, receive, provide or possess any property for the furtherance of a terrorist activity or activities.

The Attorney General of the Federal Republic of Nigeria is empowered to make regulations for the freezing of the assets and funds of a terrorist group or of any individual involved in terrorist activity.
Mutual Assistance, information sharing and Extradition. The Attorney General of the Federal Republic of Nigeria is authorised to, on receipt of a request for mutual assistance on a matter related to terrorism from a mutual treaty country, apply to a Federal High Court Judge in chambers, in the presence of the legal Counsel or Attorney to the suspected Terrorist concerned, for such appropriate Order that will give effect to the reasonable request.

A Judge in Chambers is in turn authorised to make an Order, upon the above application of the Attorney General, imposing such conditions as to payment of debts, sale, transfer or disposal of property, search and property tracking. A Judge can also make an order freezing or forfeiting an asset related to a terrorism offence.
The Attorney General is also authorised to forward a request to any foreign country with whom Nigeria has a mutual extradition treaty and or to a Federal High Court Judge for the extradition of any terrorist suspect, document or other asset, including extradition for the purpose of giving evidence in a terrorist charge in Nigeria.

Human Rights and Terrorism
The right to peaceful assembly, association including belonging to a trade union or political party are protected under the Terrorism (Prevention) Act, 2011.
The right to share privileged information with a person’s legal Attorney is also protected provided that the information is not in furtherance of a criminal purpose.

Terrorism Offences and Punishment
Any person who belongs to or professes to belong to a proscribed terrorist organisation commits an offence which is punishable with a maximum term of imprisonment of twenty (20) years on conviction.
Any person who does, attempts to do, threatens to do, promotes, assist or facilitates terrorism in any way or manner, or participates in terrorism financing, commits an offence and is liable on conviction to life imprisonment or to a fine of not less than N150Million or to both the term of imprisonment and the fine.
Where any act of terrorism results in death, the penalty on conviction of the terrorist individual is life imprisonment or without prejudice to the latter, death. See Section 4(4) of the Terrorist (Prevention) Act 2011.
Arranging and supporting terrorist meetings, harboring terrorists, obstructing terrorist investigations, been declared an international terrorist group or individual or failing to report terrorist financial transactions are offences which on conviction carry terms of imprisonment of not less than 3 years and not more than 20 years.
Failure to communicate to the law enforcement authorities, useful information which can prevent the commission of or lead to the apprehension, prosecution and conviction of any person involved in any terrorist activity or knowingly training terrorists, is an offence which on conviction carries.

By: Oserogho & Associates on 1/29/2012

RIGHTS & DUTIES OF TENANTS IN LAGOS STATE

RIGHTS & DUTIES OF TENANTS IN LAGOS STATE

In Lagos State, the law that applies to tenancy matters is the Tenancy Law of Lagos State 2011 though it doesn’t apply to every part of Lagos, areas such as Apapa; Ikeja G.R.A; Ikoyi; and Victoria Island are exempted from the law. Also, residential premises operated by educational institutes for their staff and students; residential premises provided for emergency shelters and residential premises providing rehabilitative or therapeutic treatment are exempted from the Law as well.  
The introduction of the Law by Governor Fashola won the heart of Lagosians because it prohibited property owners from collecting more than a year’s rent from tenants, it also prohibits the tenant from offering and if either party are found culpable of such act they shall be liable to 3 months imprisonment or a fine of N100,000. 00.

 
Under the Tenancy Law, tenants are entitled to quiet and peaceful enjoyment of the premises, this includes; privacy, freedom from unreasonable disturbance, exclusive possession of the premises and the use of common areas for reasonable and lawful purposes. But, tenants also have certain duties and obligations under the tenancy agreement, which include: 
  – duty to pay rent at the times and in the manner stated
– duty to pay all existing and future rates and charges not payable by the landlord by law.
– to keep the premises in good and tenantable condition.
– permit the landlord’s agents to effect repairs.
– not  to make alterations on the building without express consent from the landlord.
– not to assign or sub let the property without the consent of the landlord, and
– inform  the landlord when repairs are to be made. 
The Law allows landlords to collect service charges but states that a seperate receipt must be issued for such payments. The tenants are however entitled to a written account  of how such funds  are used. Where the tenant fails to adhere to the conditions of rent, the tenancy agreement may be terminated by the Landlord taking possession of the property. 

Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com

BASICS TO FORMING A COMPANY

BASICS TO FORMING A COMPANY

Due to the lack of jobs in the Nigerian labour market, enterprenuership seems to be the solution to wealth building and financial stability. Not only are many young Nigerians becoming CEOs but they are also doing a fine job of it with young companies springing up daily in their hundreds.  There is no gain saying that these generation of companies will carve a niche for their brands in the Nigerian economy, you could be part of them to, but first of all, you need to own a company.

  This article aims to inform every would be Nigerian enterprenuer of the legal requirements  needed to form a company. It is a general rule that 2 or more persons may come together to form a company for the purpose of profit making and that every company must be formed in the manner set out in the Companies and Allied Matters Act
.
The first step in forming a company is for the person charged with the responsibility to take down all information necessary for the requisite documents, such person is usually a lawyer, thereafter these documents known as “Documents of Incorporation” shall be delivered to the Corporate Affairs Commission for registration.

These documents of incorporation include:
– Memorandum and Articles of Incorporation.
– The address of the registered office and head office.
– Particulars of the director(s)
– A statement of the authorised share capital
– A statuory declaration form by a legal practitioner stating that all conditions of law have been met, and
– Any other document required by the commission.  

When the above documents are found to be in other, then the commission shall register the company and issue a certificate of incorporation which certifies that the company is incorporated. It is though quite important to put at the back of our minds that there are a class of people who cannot form companies, these class of people are:
i. Individuals under the age of 18
ii. People of unsound mind
iii. An undischarged bankrupt
iv. Persons who have been convicted by a court of an offence connected to formation or managements of companies or convicted of fraud.

Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com

INCESSANT LEAKS: MEDIA FREEDOM AND NIGERIA’S ENTERTAINMENT INDUSTRY

INCESSANT LEAKS: MEDIA FREEDOM AND NIGERIA’S ENTERTAINMENT INDUSTRY

Listen to the leaked conversation on this Link ; http://www.tayotv.net/2012/10/audio-mavins-drsid-x-wande-coal-argue.html?m=1  
The Media and Entertainment Law as a substratum of Law practice is considered undeveloped or non-existent in major quarters, how far from the truth can those who subscribe to that notion be?, Nigeria remains a Nation with innumerable  legislations, perhaps we are only deficient at enforcing same.
Media and Entertainment Law practice is immediate, racy, fast-moving and liable to change at a moment’s notice, and only a handful of lawyers have
built the capacity to keep pace with this niche market. The Media and Entertainment industry is peopled by numerous practitioners, undeniably so, it is innate that in the course of dealings certain nutty issues are encountered as it is in every sphere of human interaction.
These issues sometimes have interesting legal twists wrapped around it and only lawyers experienced in this field of practice can decipher them The above-mentioned industry is by far the biggest beneficiary of the internet’s advent. Not only national but international newspapers can be read online, but we can also receive or disseminate information and by extension entertainment via facebook, twitter, myspace and youtube.
Flowing from the enormous powers the industry wields as custodians of thoughts, information, amusement and opinions, it is only expected, and rightly so, that such powers are wielded with some degree of responsibility. This piece, in a nutshell, highlights the legal implications of the leaking of data in the Nigerian entertainment space – pictures, conversations, songs, videos etc. the concepts woven around this issue will include right to freedom of speech, freedom of press, freedom of expression, media practices, right to privacy and breach of confidence.
As a democracy, and historically, Nigeria inherits a large fraction of its legal system, laws and legislations from the British Legal system. In England, the Magna Carta (1215) guarantees as a canon of liberty the “right to free speech”. In 1948, the Universal Declaration of Human Rights was adopted by the UN General Assembly; its main aim was to promote human, civil, economic and social rights, including freedom of expression and religion, amongst all subscribing nations.
Additionally, the International Covenant on Civil and Political Rights 1966 (ICCPR) recognizes the right to freedom of speech as the “right to hold opinion without interference”. In Nigeria, Press Freedom, Freedom of Thought, Freedom of Expression and Right to Privacy are rights enshrined in the Constitution of the Federal Republic of Nigeria, Part IV as Fundamental inalienable rights (Sections 36, 37 and 39) and accordingly guaranteed. What behoves on all citizens and entities will be juxtaposing these rights and not breaching same inordinately.
The rights as provided by the Constitution are to be exploited within legitimate confines. The ability and opportunity afforded journalists and media agencies should not hamper the prosperity of the lot of an ordinary lawful citizen. The most recent case of leaking suitable for an expose is  the unauthorized publishing of a private conversation between Dr Sid, Davido, Wande Coal, Special Ed and the likes, here are the pertinent issues that beggar meaningful answers.
I will proffer answers in a nutshell.
a. Does Dr. Sid have a right to express himself? Can you express your displeasure in the confines of a room where there are a handful of label mates and other affiliates? Yes, he does have the right to complain and murmur where he deemed fit, don’t we all do that? The only snag might be discussing a label’s internal wranglings with outsiders.
b. Was Dr. Sid’s ranting and complaints for public consumption? Objectively speaking I’d doubt this. Letting up steam when problems are being discussed or shared is said to be therapeutic, the Doctor was consulting with his make-shift shrinks.
c. Did he reasonably believe he was not being recorded (taped) and had confidence reposed in all personalities present that the words spoken would not get out of the room? I am sure Dr. Sid would have acted differently if he saw the recording device.
d. Can he claim that his right to privacy has been breached? Very doubtful, will hardly succeed as it is contentious that this instance is covered by the provisions of Section 37 of the 1999 Constitution of the Federal Republic of Nigeria.
e. Is the leak justified? Who got paid to Leak the conversation? Justification is relative, if facts emerge to suggest that mischief or monetary advantages predicated the leaking of this conversation that adds a different coloration to the whole brouhaha.
f. Has the leak injured his right to publicity? Yes, I repeat, yes! Dr Sid has been showered with expletives(from fans of Dbanj) that could detract from his goodwill; he is now perceived as a catalyst in the collapse of the Mohits hegemony. The tweets that followed the aftermath of the publication of the leaked conversation attest to this.
g. Was the publication by the blogs and magazine in the interest of the Public? Its riddled with grey areas, the media would argue that it was already in the public domain before the leak that Dbanj and Dr. Sid never had a chummy relationship, that the in-fighting was severally reported and that they had a duty to set the facts right, hence the leaking of the conversation.
h. Was there a breach of confidence? The courts have long afforded protection to the wrongful use of private information; it penalizes the improper use of information disclosed by one person to another in confidence. A breach occurs where there has been an unauthorized use or disclosure.
On a final note, media rights and practices should irrespective of the craze for sensationalism recognize the existence of an entertainer’s right to publicity and the likelihood of him suing when information obtained in confidence is published without due authorization, more so, when such publication is capable of causing severe damage to the reputation and goodwill of the entertainer.
Let’s keep our fingers crossed as the drama unfolds. It is high time a journalist, colleague or ally is held accountable for this sort of premeditated mischief.  
Akinyemi Ayinoluwa Esq.
Ff @akinyemilaw on twitter for commentaries and thoughts on areas of Entertainment Law, Media Law and intellectual property.

HOW TO PURCHASE LAND

HOW TO PURCHASE LAND

A friend once came to me with the problem of having been swindled by dubious land sellers and he lost quite a huge sum of money. I also know that a lot people fall prey to this schemes daily. It is no longer news that the lagos metropolis is filled with various independent agents usually called “omo onile” meaning “children of the land”who parade themselves as rightful owners of property to unsuspecting purchasers.
This article is a brief summary of what every land buyer should know when contracting in landed properties.   When a purchaser intends to buy land or

perharps a building, inspection of the property is quite important but it’s also as important as investigating if the vendor has a power to sell the property or if the property is subject to undisclosed incumbrances, for instance if the property is the subject of an existing mortgage. 

Under the Registration of titles system, anyone who has rights in landed property, either as owner or mortgagor must register their rights with the land registry. This allows a purchaser to discover from a mere inspection of the register whether the vendor has the power to sell the land and whether or not there are interests on the land that may be investigated.
The property register contains detailed description and gives other information of the property that is registered while the proprietorship register contains the name, address, and description of the registered owner of the property. It also contains cautions, inhibitions and restrictions affecting the right of the proprietor to dispose the title. 
When buying property it is important you do the following:
i. Inspect the property with the vendor to ensure that is what you agreed on.
ii. Insist on collecting a copy of the land certificate from the vendor. The land certificate contains the particulars by which the property will be identified at the lands registry.
iii. Employ the services of a lawyer who would investigate at the land registry whether the purchaser has the power to sell the property.
Only after being satisfied by the results of your enquiry should you buy the property,if not you may fall in the hand of swindlers.  That is not all though, immediately after buying the property it is mandatory that you also register your interests with the land registry as that will also serve as proof of your title.
It is important to note that a mere receipt collected from a vendor is not conclusive proof of ownership of land. Conclusive proof however is registration with the land registry. Many Nigerians in a bid to avoid paying the legal services of a lawyer or maybe due to their ignorance always take the risk of purchasing land without professional guidance and more often than not they always get swindled by 419 agents.
Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com