WHAT YOU SHOULD KNOW ABOUT THE ELECTION PROCEDURE

WHAT YOU SHOULD KNOW ABOUT THE ELECTION PROCEDURE


Credits- dailypost.ng
It’s just a couple
of weeks to the general elections and I am sure you are as excited as everyone
else is. All this PDP, APC, UPN, SSS, DSS, Buhari, Gej talk is coming to an
end, thankfully. Almost every debate has been about the elections in the past
few weeks but that’s cool anyway because the person who takes up the mantle of
leadership in this coming election is a very important decision that concerns
all of us though you must have noticed that we at Legalnaija intentionally stayed away from openly supporting any
candidate, it’s because we want you to make that choice personally. No point
electing the wrong person though, we are getting too impatient for mediocrity
in governance. However, as the Election Day itself comes closer, there are bits
of information you should know and share with others as well, it’s about
conduct during the elections and the election procedure itself. 

It all begins by every Nigerian who is eligible to
vote locating his/her Polling Unit. Such person then goes to the Polling Unit
to register and have their details taken down. Usually  his/her picture is taken and his/her details captured. Such citizen would thus
be given a PVC, I hope you have gotten your PVC’s by now? If you have not, what
are you waiting for? Kindly proceed to your local government office to get
them. In order to vote, one must be
a Nigerian citizen; 18 years and above; registered
in the constituency where he/she intends to vote and possesses a registration
card obtained during voters registration exercise. Persons who cannot vote include: all persons below the age of 18
years; all non-Nigerians; all persons who did not register as voters; all
persons who do not hold a voter registration card and all persons whose names
are not in the voters register.
Credits – informationnigeria.com

VOTING PROCEDURE
Voting will
be taken place at polling stations/units and all voters are expected to cast their
votes at the polling unit where his/her name is on the voter register. A voter
is expected to identify his polling station where his name is on the voter
register. The polling unit is usually nearest to the residence of the voter. On
Election day polling units will be open from 8
am for accreditation which will close at 12 while voting will start at 12:30
pm.
Procedure: Preparing For Voting
The Presiding Officer (PO) shall: explain the
voting procedure to the voters; invite all voters accredited to form a single
queue; where culture does not allow men and women to mingle in a queue,
separate queues are created for men and women. The PO shall then count loudly
the number of accredited voters in the queue, and record the number.
On Election Day, it is important that you go to the
Polling Unit you were registered with your voter registration card and join the
queue for accreditation. Present your Voter registration card to the INEC
official and ensure that your name is on the register. Your finger would then be
marked with ink to show that you have been accredited.
Voting
At the commencement of voting, the PO shall invite
the voters on queue to approach the poll clerk (PC) in an orderly manner and
upon presentation of voter’s card, the PC shall check appropriate cuticle
thumbnail of voter and when he is satisfied that the person has been duly
accredited; Tick the voters register on the right hand side of voter’s name, indicating
that he has voted; apply indelible ink on the cuticle of the voter’s
appropriate thumbnail while the Poll Assistant (PA) shall apply ink to the next
finger of the respective hand. For voters who have no Right/Left hand, the PA
shall apply the ink to the corresponding toes of the voter’s Right/Left foot
and for voters who have neither fingers nor toes, ink shall be applied on the
corresponding toes of the persons assisting them.
It’s important on that day that you join the queue with the intention of casting your vote.
When it gets to your turn, ensure your name is ticked in the voter register
after which you would be given a ballot paper listing out the political parties.
At this point you would enter the booth, select your preferred candidate and place
your ballot paper in the ballot box.
Adedunmade
Onibokun
@adedunmade
EVENT: – COUNTER-TERRORISM IN NIGERIA, RULE OF LAW & STRATEGIES FOR LAW ENFORCEMENT

EVENT: – COUNTER-TERRORISM IN NIGERIA, RULE OF LAW & STRATEGIES FOR LAW ENFORCEMENT



                         A
Seminar to raise Capacity within the Criminal Justice System
The British Nigeria Law
Forum (BNLF) a bilateral, voluntary, professional organisation (based in the UK
and Nigeria), which promotes the development of the law and lawyers cordially invites
you to the BNLF Seminar on Terrorism Law & Enforcement at Protea Hotel, Asokoro, Abuja on 3rd February 2015 at 12 noon. 
 The
objective of this event is to raise awareness of the Terrorism (Prevention) Act 2011 & 2013 (TPA) among lawyers,
security agents, law enforcement officers and other interested parties. It will
highlight the efforts made by the Federal Government to fight terrorism within
the ambit of the Nigerian Constitution and international law. 

Other issues for discussion include:

·   Examining the role of the National Security Adviser
as coordinator of security agencies under the TPA
·     Developing a synergy between law enforcement
officers, prosecutors and defence counsel
·      Working with govt. agencies and NGOs towards
protecting victims & witnesses of terrorist atrocities
·        
Addressing challenges faced by prosecutors in
bringing offenders to justice

Other
Keynote addresses and papers include:-

  • Anti-Terrorism
    Law in Nigeria -What Safeguards for the Rule of Law?
    Keynote
    address by Mohammed Bello Adoke, SAN, CFR, Hon. Attorney-General of the
    Federation & Minister of Justice (HAGF)
  •  Overview of
    Nigeria’s Counter-terrorism Strategy
    Role
    of the NSA as Coordinator under the Terrorism Prevention Act
    , by Office of
    the National Security Adviser
  •  Q& A session chaired by Prof Peter Akper SAN,
    OFR, Senior Special Assistant to HAGF.

Entry is free but places
are limited. Please register your interest (full names, professional address
& phone numbers) by email to the name and number below no later than 12
noon on Friday, 30th January 2015.
Babatunde Akinyanju
Chair, British Nigeria Law Forum
Tel: +2349090667136
ONLY REASON WHY ELECTIONS CAN BE POSTPONED BY LAW

ONLY REASON WHY ELECTIONS CAN BE POSTPONED BY LAW

There have been many agents of political parties, candidates and persons calling for the postponement of the General elections billed to hold on 14th February,2015. 
Though this call has been received with different opinions and view,INEC has stated that it will hold the elections as scheduled. 

Many of our readers have been wondering  on what grounds INEC can postpone the elections and this question has necessaited this post. 
Section 26(1) of the Electoral Act provides that- Where a date has been appointed for the holding of an election,and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to confuct the elections as a result of natural disasters or other emergencies. 
Having read the above,do u think there is a valid reason to call off the Presidential and Governror elections?
Adedunmade Onibokun
Dunmadeo@yahoo.com
@adedunmade 

DEATH – A TRIBUTE TO THE BAGA VICTIMS by CHIKA MADUAKOLAM


Death,
they say, is inevitable
It
comes at its own time,
Moves
as freely as it pleases,
Goes
to and fro, knocks at the door most appealing,
Death
is an unwelcome visitor, depending on whose side you’re on
For
a few, it’s a most welcome friend, its grips embraced to the pleasure of the
dying
Most
agree that most do not like the sound of death though we know that death is
inevitable,
Some
see death as a battle to fight, a struggle to triumph over! Some see death as
an enemy.
Death
is simply Death!!
Without
Death, Life cannot exist. Life is birth, Life is death.
We
may not chose when, how, where and why we die but we can agree on one thing;
No
one else should choose how we die!!
You
are subject to death as am I!
You
have no dictate to my Birth and Life, why have dictate on my death?
You
have not understood the value of life, how dare you place a value on my death?
You
cannot make a life, not even yours, so why take mine?
You
bring Death to me and feel secure because you and Death are bedmates!
Alas,
you lie!
For
the day comes when Death will show that a great bedfellow it does not make!!
The
thing to fear is not the Death that shall surely come but the Life which you
know not which follows after;
Afterall,
you who know not how to make a Life, how can you know what the future holds
after Death?
 
By
Chika Maduakolam

SAME EVENT; DIFFERENT RESPONSES – CRITICAL TRAJECTORIES by Arikor Collins


While the ink was yet to dry on this piece, I immediately was
forcefully torn between a confusing web of two different worlds; two diverse
emotions: hope and doubt. I hurriedly at the same time asked myself, how do I
feel in this very moment – am I happy or sad? Was this our dreams finally come
true? Vague and intense feelings of uneasiness washed over me. Dangling between
two different emotions, I set down penning this piece. Pictorially, I sought to
paint the true picture of what I was experiencing. The product was to picture
an orb helplessly and hopelessly oscillating, reminisce of my elementary
integrated science textbooks, from the pendulums of failure in leadership.

Arguably the grandest upcoming event in Nigeria’s history, the 2015 general
elections has in no small measure elicited diverse responses. Media report
cards are significantly impacted with the activities of the two major
Presidential candidates. From all indications, the Presidential elections –
though, not the only slated election for the year- is the major and focal cause
of concern. It is such because the occupier of the office of the Presidency,
being the country’s leader, symbolizes the whole country. The Presidential
elections thus have attained a flagship status for all other electable
positions. In the same manner that this piece elicited two conflicting
reactions within me, the fast-coming general elections in Nigeria has also
generated two different responses, meanwhile it is still the same event. The
line of demarcation is very clear. Same event – different responses. What
caused the difference?

On one hand of the divide is an incumbent President seeking re-election into an
office he has occupied for the last six years, while on the other end of the
plank is a former Head of State and retiree Army-General earnestly yearning for
the same office as the incumbent (remarkably the fourth time in a row). One
would have quickly reasoned that both contestants, being patriots, as they
claimed, would join forces to interpret the upcoming event in a similar and
single manner, because, by and large, whoever ends up occupying the office of
the President has the other to thank, not just because he won him, but because
it made him stand on his toes while contesting. But no, they’ve thus far
succeeded in creating more discordant tunes for the country by their own
different interpretations of the same event.

Looking critically at the recent flag-off campaigns of both
blocs, some noteworthy points are worth stressing. President Goodluck Jonathan
while flagging-off his campaign sought once more for the code that got him into
office four years ago: emotion and sympathy of Nigerians. Conscious however,
that his first tenure really had nothing much to speak for his widely-acclaimed
and widely advertised achievements in office, he sought to solicit for the
electorates sympathy once more. Only, this time around, he dropped the ‘I had
no shoes’ concept having come to the campaign venue clad in a very expensive shoe.
His target audience that day was the youths; his message: His (and his
age-mates) gaffes. Yes, President Goodluck while flagging-off his Presidential
campaign at Lagos quite admitted that his generation has failed us the youths.
What then is he seeking to remedy after failing us for the past six years is
beyond my comprehension. While stressing the profligacy of his predecessors
that has brought the country to its knees presently, his opponent being one of
them, he reminded youths that it was time they take charge of their own future.
Perhaps, the President saw himself as youth also, which is not a bad idea at
all. But where his administration, for the last six years, has been constantly
undermined by unsustainable practices, how does the President seek to re-enter
office?
And at the other end, General Muhammadu Buhari is vigorously
bandying about his ‘change’ mantra. Apart from being matter-of-factly out of
tune with modern day governance and administration, the retired Army General
certainly doesn’t have age on his side. One would reasonably have expected that
the foremost crier of ‘change’ in Nigeria should be somebody definitely younger
than incumbent President Jonathan. We are now in the era where the country is
striving hard at reforming, reshaping and transforming herself. Consequently,
new initiatives and projects should be gaining momentum, not old and forgotten
paths. In as much as wine thrives best when put in old wine-skins, the wine of
governance being dynamic certainly thrives best in new and innovative policies.
Beside being old, the General’s prior unholy precedents do not augur well for his
current political intentions.

Basically, what made the difference was the state of the nation at present.
There have been unresolved conflicts here and there. Also, there has been that
unhealthy polity whose open field has made many to politically and economically
bankrupt this country. Let us take the simple, yet critical issue of global
warming as an allusion to the point being made. Some scientists believe that
with sustained global warming, there is a point where the melts of earth’s
major ice sheets could be irreversible. This is because ice cover naturally
reflects the sun’s rays. But as the ice sheet thins and shrinks, the ocean
below, which is less reflective, is eventually exposed. The dark ocean surface
absorbs more heat, which in turn leads to greater melting. A self-feeding,
runaway circle could then be created. The resulting rise in sea levels from the
meltwater could spell disaster for hundreds of millions of people. It could
also lead to sudden and unanticipated climate changes which could bring
disastrous results. Now apply this analogy to ongoing political aberrations in
Nigeria and tell for yourself where we are heading to. Various past political
upheavals have constantly warmed up the Nigerian geographical sphere. The
build-up to the 2015 polls is also one such instance. Can something be done?

The good news from the foregoing, therefore, is that all is not doom and gloom
for the Nigerian polity. Our choices in life, in as much as they are sometimes
being fated by others nevertheless remain largely a product of our own
consciousness. As I reflected upon my thinking about the upcoming elections in
Nigeria, I realized that our response to what and what gives way prior to, and
in the elections proper, tells us something about Nigeria, about ourselves, and
how our future would be greatly affected by the our present decisions. So the
inevitable question arises: What will determine our response to seeing the
wrong man occupying Aso Rock? The answer is surprisingly obvious. So much that
we have probably already experienced the answer in small ways in our families.
The blame/praise for the event that would cause that regrettable response falls
firmly on our shoulders. Isn’t it high time we make the right decisions?

VOTE LEGALNAIJA IN NIGERIAN BLOG AWARDS

VOTE LEGALNAIJA IN NIGERIAN BLOG AWARDS

Dear
Friends & Readers,

The
Legalnaija law blog is gunning for best blog in the ongoing Nigerian blog
awards and we can’t do it without you. 

All
you need to do at this time is;‎

1.
Follow this link ‎

http://nigerianblogawards.com/nominate2014.php
and enter your name and email‎

2.
Enter ‘legalnaija.blogspot.com’ ‎for the ff categories- 


Best educational & instructional blog (Num 5)  


Best topical blog (Num 24) 


Best overal Nigerian blog (Num 27)

3.
Submit application 

4.
Wait for and select the activation link sent to your email so your vote can be
counted. 

5.
Tell everyone

 Thanks
so much, we are counting on you. ‎

@legalnaija ‎

-Legalnaija.blogspot.com ‎

LIST OF LAWS EVERY NIGERIAN INVESTOR SHOULD NOTE

LIST OF LAWS EVERY NIGERIAN INVESTOR SHOULD NOTE



Credits – www.ynaija.com
Bet you have heard that the Nigerian economy is explosive right now and many corporations around the world from China to the Middle East
and Europe want a piece of the action. As a Legalnaija reader, we hope you are
part of this economic revolution and have here prepared a checklist on some of
the many relevant laws to pay attention to if you intend doing business in
Nigeria. These laws have corresponding agencies who regulate the law and ensure
compliance with its rules. The list of laws include;

  1. Companies and Allied Matters Act (CAMA) CAP C20), LFN 2004
  2. Companies Income Tax Act, CAP C21, LFN 2004
  3. Arbitration and Conciliation Act, CAP A18, LFN 2004 
  4.  Federal Inland Revenue Service (Establishment Act) No. 15,
    2007
  5.  Customs & Excise Management Act, CAP C45, LFN 2004 
  6.  

    Export (Incentives & Miscellaneous Provision) Act, CAP
    E19, LFN 2004 

  7.  Federal High Court Act, CAP F12, LFN 2004 
  8.  

    Foreign Exchange (Monitoring & Miscellaneous Provisions)
    Act CAP F34 LFN 2004 

  9.  Immigration Act, CAP
    11, LFN 2004 
  10.  

    Insurance Act (No.1) 2003 

  11.  Investments & Securities Act 2007
  12.  Industrial Inspectorate Act, CAP 18, LFN 2004 
  13.  Industrial Dev. (Income Tax Relief) Act, Cap17, LFN 2004 
  14.  National Office for Technology Acquisition and Promotion Act,
    CAP N62, LFN 2004 
  15. Nigerian Investment Promotion Commission Act, N17,LFN 2004
  16. Nigerian Mineral and Mining Act, No. 20 ,2007
  17. Stamp Duties Act, CAP C58, LFN 2004
  18. Petroleum Profits Tax Act( CAP P!#) LFN 2004 
  19. Partnership Law of Lagos State
Adedunmade Onibokun,
Esq
@adedunmade
PENALTY FOR ARSON UNDER THE LAW

PENALTY FOR ARSON UNDER THE LAW


 

Credits -Telegraph.com

If you have ever been on the war path of an angry mob or
riot, you may have realised their penchant for burning things. Before an
observer can say the words “Jack Robinson”, cars, buildings, stores and other
valuable properties are already going up in smoke. Many a-times, hoodlums have
gone on rampage and vandalized and burnt lots of property. This craving to set
things on fire becomes worse when a mob is trying to serve justice on an
alleged offender, either a thief or gbomo-gbomo kidnapper. Petrol,
matches and an abandoned tyre always seem to appear from nowhere. It is no news
that mob justice is a crime and no one should participate in such act, we all are
guaranteed a right of fair hearing in the constitution and an alleged offender
should be reported to the police or to the appropriate channels of authority.  But let’s concentrate on the burning side of
things and let me tell you a thing or two about arson.

Arson is an offence under the Criminal Code Act and the
provisions on it can be found in Chapter 42, Sections 443 -446 of the Act.
Section 443 defines arson as an act done by –

  1. Any person who wilfully and unlawfully sets fire to the
    following things – 
  2. Any building or structure whatsoever, whether completed or
    not;
  3. Any vessel, whether completed or not;
  4. Any state of cultivated vegetable produce, or of mineral or
    vegetable, fuel.

A mine, or the workings, fittings, or appliances of a mine,
is guilty of a felony, and is liable to imprisonment for life.
 

Credits – Breakingnews.com

In a nutshell, if you set any of the above things on fire wilfully,
you are likely to spend your life behind bars. Did I just see you drop that
match box, lol. Moreover, it’s not important that the arsonist is successful in
committing the act. As anyone who attempts to wilfully and unlawfully set fire
to anything in the above list will be found guilty of a felony and is liable to
imprisonment for fourteen years. 
You may also be surprised that Nigerians like food thus it’s
also a crime to wilfully and unlawfully set fire to cultivated vegetable
produce, whether standing or cut; a crop of hay or grass under cultivation,
whether standing or cut; or any standing trees, saplings or shrubs. Committing
such an act can find a guilty person liable to imprisonment for fourteen years.
Also an attempt to commit the above stated crime is a felony and any guilty
party is liable to imprisonment for seven years.
Adedunmade Onibokun, Esq.
@dunmade
PENALTY FOR DEALING IN STOLEN PROPERTY

PENALTY FOR DEALING IN STOLEN PROPERTY


Credits – criminallawyerinnj.com

It is morally wrong to steal, whether its a million dollars
or just a few Naira notes. At least from the way I was raised, that is and the
Nigerian Criminal Code Act, CAP C38, LFN 2004 confirms same. Recently, I read
about a robbery syndicate who specialised in stealing cars and selling them off,
the members had been apprehended by the police and the person who disposed of
the cars for them was also arrested and prosecuted.  
It is a crime to receive stolen or fraudulently obtained
property and such person may be found to be as guilty as the person who stole
the property in the first place. Thus, if a friend of yours steals or
fraudulently obtains a property and hands same over to you for safe keeping or
disposal, you will be liable and found guilty for being in possession of the
said item.

The law that supports the aforementioned position can be
found in Chapter C38, Sections 427 of the Criminal Code Act. It provides that –
Any person who receives anything which has been obtained by means of an act
that constitutes a felony or misdemeanour, knowing same to be so obtained, is
guilty of a felony. It does not matter if the act was done outside Nigeria, all
that matters is that it would have been a crime if done in Nigeria and also a
crime under the laws of the place where the act was committed. 
 

Credits – straittimes.com

If the offence by which the thing obtained is a felony, the
offender is liable to imprisonment for 14 years, if the thing so obtained was a
postal matter, chattel, money or valuable security, the offender will be liable
to imprisonment for life. In other cases, such offender is liable to
imprisonment for seven years. 
Note that in order to prove that receiving of anything under
these circumstances stated above, it is sufficient to show that the accused
person has either alone or jointly with some other persons, had the thing in
his possession, or aid in concealing it or disposing of it. 
From the above, you must have learnt that not only is stealing
a crime but also that receiving stolen property is seriously frowned upon and
anyone found guilty of same may be liable to as much as life imprisonment. 
Adedunmade Onibokun Esq
@adedunmade  
WELCOME TO 2015

WELCOME TO 2015


Credits- smsread.com

Legalnaija will like to welcome everyone to the year 2015. Last
year was awesome for the blog, we had more articles than the previous year; a
lot more people visited the blog and many lawyers contributed to our goal of promoting
the rule of law in Nigeria by informing the public about their legal rights and
obligations. We hope you found the articles informative and interesting. Thanks
for reading, sharing and engaging in 2014 and hopefully, we will achieve more
together this year. 
A lot of exciting legal issues will certainly be discussed
this year, the first being the coming elections in February, 2015. Hope you have
been reading our blog posts on electoral offences and have been sharing them
with your friends.  Also we will be unveiling
our new website and invite you to participate in many interesting trends. 
In a nutshell, we are taking our service up a notch and you
are in the centre of periscope. We hope to empower Nigerians like never before
with legal information and work together with more stakeholders and
organisations. We will however hate to leave you out of all our lovely plans,
therefore if you have anything you will like to share or comment about, pls
drop a mail @info@legalnaija.com or
contact us @legalnaija on any of our social media handles.
Looking forward to a great 2015 and wish you the best.
Cheers
For: Legalnaija
Adedunmade Onibokun