5 Emerging Trends in Estate Planning

by Legalnaija | Sep 27, 2017 | Uncategorized

Estate planning is a pertinent factor to take into consideration for the
disposition of an estate upon the death of the owner. Because of the
unpredictability of beneficiaries and estate laws across states, it is necessary
for each person to plan their estate so as to forestall any unwanted issues
relating to its disposition upon their death. These trends will be discussed
below.

General Note: nobody can say with
certainty when they will die. You can just walk out of your house to go to the
gym and a car will knock you down, thus ending your life. Or you can die in
your sleep. This list is endless. So, because of the unpredictability of the
human condition, everyone needs to create estate plans to secure their estate.
These means are listed below.

Create a Lifetime Gift

Estate holders can easily create lifetime gifts of material possessions
and landed properties to their intended beneficiaries to enjoy same before
their death. Once done, these gifts will not be subject to probate and its
accompanying estate taxes since the title in the properties involved had
already passed to its intended beneficiaries and so does not form part of the
estate to admitted into probate for disposition and federal taxing purposes.
And you will also have the satisfaction that you passed on a particular gift to
the person you want to pass it on to and they can even enjoy it while you are
still alive.

Create a plan for your Digital Assets (if you have one)

Holders of “Digital Assets” now create a plan for it. Currently, assets
exist both in the physical and digital sphere. Bitcoin wallets (alongside other
emerging cryptocurrencies), e-money wallets, online stock accounts,
money-making blog and website accounts with their corresponding payment systems
and passwords, Paypal accounts, Skrill and Neteller accounts, are simply some
out of the huge species of Digital Assets that float around on the Internet.
And these can be potentially worth thousands－if not millions－of dollars. In planning estates, holders of such
assets can create a document which harmonizes the details of all these
accounts in one place and then possibly put such document under the care of a
trusted attorney so that potential beneficiaries can access them when the need
arises.

Create
Letters of Instruction

Although
estates originally involved the creation of wills and the inclusion of every
conceivable item to be handled as it pertains to a person’s estate, a new
current mode is fast encroaching on wills. Clients can now create letters of
instruction and leave them with their attorneys. This simplifies inheritance
instructions more easily as estate holders can use this to outline the mode the
person to dispose of their property will have to follow, put together a list of
all assets (whether tangible or intangible), and possibly add in any detail and
instructions he wishes for the executioners to follow in managing the estate.
Holders can even include personal messages to friends and family.

Create
an Estate Dynasty Trust

Estate
dynasty trusts is another way of easily securing an estate. This can be created
in order to pass wealth from generation to generation without incurring
transfers taxes like gift and estate tax. This can potentially last for more
than a hundred years. Usually, it is rich people who have a lot of assets that
plan their estate in this way to protect their accumulated wealth from being
used wastefully by wasteful dependents.

Estate
planning serves as a means for people to hand down their legacies to their
beneficiaries and also to possibly cut down the costs of estate taxes on their
estate. Taking note of emerging trends and regulatory changes aids in
accomplishing such an objective. Plus, you will be content that should anything
happen to you, your assets are protected and will be used in the way you want
them to be used.

About
the author:

Kingsley
Ugochukwu Ani is a corporate attorney with particular interest in Reals Estate,
IT & IP law. He is also a writer and business development strategist. He
can be reached on aniugochukwu@gmail.com
and +2347035074930

What Lawyers should note about the Lagos Multi-door Court House

by Legalnaija | Sep 26, 2017 | Uncategorized

Important
Points To Note About The Lagos Multi-Door Courthouse (Lmdc) Especially For
Lawyers And Mediation Advocates (Ii)

ENFORCEMENT
OF SETTLEMENTS

·       
Section
16 of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007, settlement
agreements reached at the LMDC and duly signed by the parties are enforceable
as contracts between the parties and when such agreements are further endorsed
by an ADR Judge, they become enforceable as judgments of the High Court of
Lagos State.

·       
Section
15(5) of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007 also
provides that, any Settlement Agreement or Memorandum of Understanding duly
signed by disputing parties shall upon being filed at the LMDC, be presented to
an ADR judge or any other person as directed by the Chief Judge, for enforcement
as the consent judgment of the High Court of Justice, Lagos State.

·       
Another interesting extension of the
enforcement provisions of the LAGOS
MULTI-DOOR COURTHOUSE (LMDC) 2007 Law is Section 4(1) b which allows Terms of Settlement and Memorandum of
Understanding reached by other ADR Organizations be filed at the LMDC and endorsed by the ADR Judge to
become the consent judgment of the High Court Of Lagos State.

·       
Such referrals to mediation under the
provision of the Law shall not require the consent of the parties to the
proceedings and after the Mediation session, the Mediator shall submit the
Mediation agreement to the High Court or Magistrate Court for endorsement and
enforcement within 3(three) days after execution by the parties.

Footnotes:* Standing
Conference of Mediation Advocates (SCMA) *The Lagos Multi- Door Courthouse Law
(LMDC) 2007* The LMDC Practice Direction on Mediation Procedure* The Multi Door
Courthouse Code of Ethics for Mediators* Guidelines For Enforcement Procedure
*Guidelines for Court referrals to Alternative Dispute Resolution *Principles
of Alternative Dispute Resolution by Stephen J.Ware *Effective Mediation
Advocacy by Andrew Goodman.*The Lagos Multi-Door Courthouse Neutrals’ Handbook.

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Twitter: mediationlawng

How to make your wealth run in perpetuity

by Legalnaija | Sep 26, 2017 | Uncategorized

Many people are worried about what to do with their
accumulated wealth. There are several cases of wasteful dependents squandering
the wealth of their benefactors once they come into possession of their
inheritance. Because of this, a lot of people are worried about how their
wealth will be spent after their deaths; they know that after they make their
Wills and those same Wills are read after their demise, they cease to have
control over the way their money will be spent after their death.

However, there are ways for a person to retain control
of his estate/legacy even after death. Create a Dynasty Trust.

What is a Dynasty Trust?

A Dynasty Trust is a long-term Trust that is created
by someone planning his/her estate specifically designed so that it can benefit
multiple generations of beneficiaries. This way, the wealth can practically run
in perpetuity. If and where created, the beneficiaries have no control over the
Trust property/investment; they are only entitled to shares of profits in line
with the instructions in the created Trust instrument.

Pertinent Facts to note about Estate Dynasty Trusts

1. Multiple generations of beneficiaries can benefit from
the proceeds of such a Trust as long as there are provisions about the line of
beneficiaries who will keep on inheriting.

2. They can outlive even the original
beneficiaries/descendants of a testator and pass onto even third generation
descendants, depending on the instructions enclosed in the  Trust instrument.

3. Trust properties can be excluded from the reach of
creditors since such Trust wealth is not the particular property of a
debtor/beneficiary. Thus, once a Dynasty Trust is created, the wealth infused
into such Trust automatically spills out of the estate of the Trust creator and
becomes a separate entity on its own. In other words, he can benefit from the
Trust but he does not own the property/wealth from which he enjoys.

4. Wealth can be protected from spendthrift beneficiaries
who may want to sell or mismanage the Trust property. After all, they can only
sell or mismanage something which is directly under their control.
Unfortunately, Dynasty Trust property is not under the control of any
beneficiary.

5. Dynasty Trusts can be funded with any assets which the
Trust owner has at his disposal as at the time of creating the Trust. However,
it is worthy to note that assets which can grow over time in value are the best
assets to be used for planning Dynasty Trusts. Eg: Landed property; up-growing
investments, etc.

6. Since Estate Dynasty Trusts are multi-generational, it
is always better to get a corporate Trustee to manage the Trust on behalf of
the beneficiaries. The reason is simply because corporations, unlike humans,
have no expiry date. In other words, corporations exist in perpetuity and even
if the original persons who had received the Dynasty Trust deed on behalf of
the corporation dies, others will automatically take over and continue with the
administration of the Trust estate.

Preservation of Family Wealth through Dynasty Trusts

If, when, and where such a Trust is created, it will
automatically serve to preserve the wealth which a person has accumulated in
his lifetime. To this effect, no particular child or beneficiary of the creator
of the Trust can lay hold of any property designated as part of the Dynasty
Trust as his own personal property. So, even if a beneficiary wants to sell,
use, or otherwise want to give out property which is the subject of an estate
Dynasty Trust, they can’t. The property will remain tied up for however long
the Trust creator wants it to be (this will be done subject to the laws against
perpetuity in the state of the Trust creator because no Trust can really run in
perpetuity; the Common Law rule against perpetuity). so, if a person wants to
preserve wealth for multiple generations, then Dynasty Trusts would be the
ideal answer to achieve this.

How Long Can An Estate Legacy Trust last?

Generally, such a Trust, if and where created in the
course of the estate planning by a person, cannot last forever. The reason is
because of the Common Law Rule against Perpetuity. Nothing created under the
Common (English) Law (for Common Law practitioners), can last forever. It must
have a specific duration, and this may be influenced by the applicable laws of
the jurisdiction where the Trust is being created.

Generally, where this Trust is created, it will end
twenty years after the death of the last beneficiary of the original Trust. Or,
it can be any other term, the point being that the properties must become disposable
after the passage of a certain period of time. But, depending on jurisdiction
and relaxation of policies, a Trust can last for a period of up to three
hundred years after the death of the creator of the Trust instrument. Terms of
the Trust will be instrumental in making this so.

Should I consider such a Trust?

If you want to leave a legacy for your future
generations, not just properties, then the answer is yes. The reason is because
of its long-term applicability as against properties bequeathed to
beneficiaries in a Will instrument of which ownership passes to the
beneficiaries who can then use the properties in the way they deem fit.

Who can create an Estate Dynasty Trust for me?

In order to get such a Trust, it is pertinent to hire
an estate attorney who has the legal and technical know-how to handle the
crafting of a Dynasty Trust that will encompass the vision of the settlor
leaving the legacy for his family.

Things to Note in Dynasty Trust
creation

Ø  A seasoned estate attorney

Ø  A knowledge of applicable laws

Ø  The Trust itself

Ø  Terms of the Trust couched in such a way as to
maximize the time for the enjoyment of the Trust interests before they become
alienable.

Ø  The Trustee to be appointed (in most cases this is
usually assets management companies or perhaps any firm with expertise in
handling wealth). As aforementioned, it is better to appoint a corporate
trustee over a individual person.

Ø  Trust manager

Ø  The beneficiaries and the chain to be followed after
the death of the original beneficiaries to the Trust.

End Note

If you want to expand your legacy, then a Dynasty
Trust may be just the right instrument that can bring that plan to light. It is
one of the major factors a wealthy estate owner can easily consider when
planning the dissolution of his estate subsequently.

© by Kingsley
Ugochukwu Ani L.P. All Rights Reserved. This article is meant for
personal/academic purposes, not commercial use by the readers.

About the Author:

Kingsley
Ugochukwu Ani Esq. Is a corporate lawyer with particular emphasis on real
estate, IP & IT areas of law. He is also a content writer and a business
development strategist. He can be reached on aniugochukwu@gmail.com and
+2347035074930.

Passage Of The Chief Imam Of Lagos State, Late Sheikh Garuba Ibrahim Akinola | Gbenga Ashafa

by Legalnaija | Sep 26, 2017 | Uncategorized

It is with a heavy heart but in total
submission to the will of Almighty Allah that I received the news of the
passage of the Chief Imam of Lagos State, late Sheikh Garuba Ibrahim Akinola
who passed away on Sunday, the 24^th of September, 2017 at the
age of 79.

The Late Sheikh was a good man who lived an
exemplary life in service of Almighty Allah and our dear Lagos State. He was
not only a religious leader but also a spiritual father and role model to many
Nigerians. His courageous sermons which revealed an in-depth knowledge of Islam
would remain a lasting legacy for generations to come. 

I enjoyed the benefit of having a
relationship with him since the period I served at the Lands bureau Lagos State
where his constant prayers and wise counsel until the time of his death
remained a source of support and encouragement to me.

Considering the positive impact he has made
in many lives, I am confident to state that his death is not just a loss to the
people of Lagos State but to the Muslim Umah as a whole and as such he would be
dearly missed.

While my heart and prayers remain with his
family members at this time of grief, it is my prayer that Almighty Allah grant
the gentle soul Aljannah Firdaus. Amin.

The Lagos Multi-door Courthouse II – Referrals

by Legalnaija | Sep 25, 2017 | Uncategorized

There are three ways through which matters
can be referred to the Lagos Multi-Door Courthouse. They are;

WALK-IN:
any
party to a dispute may initiate Mediation, Arbitration, Early Neutral
Evaluation or any other ADR services by visiting the LMDC or writing to its
Director. Matters from other reputable ADR organizations may be filed at the
LMDC for settlement.

COURT
REFERRAL: disputes
are referred by Judges of the High Court or Magistrate Court to the LMDC in
appropriate circumstances. Apart from the High Court and Magistrate Court of
Lagos State, matters may be referred to the LMDC from the Federal High Court or
Courts of other jurisdictions outside Lagos.

DIRECT
INTERVENTION: the
LMDC through the Director may in circumstances where the public interest or the
interest of the disputing parties so demand, approach the parties with a view
to assisting in the resolution of their dispute.

IMPORTANT
POINTS TO NOTE ABOUT THE LAGOS MULTI-DOOR COURTHOUSE (LMDC) ESPECIALLY FOR
LAWYERS AND MEDIATION ADVOCATES

Section
16 of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007 specifies amongst
others that it is the responsibility of the Judge of the High Court of Lagos to
control and manage effectively proceedings in court and issue orders which
would encourage the adoption of ADR methods in dispute resolution, including
the mandatory referral of parties to explore settlement at the LMDC whenever
one of the parties to an action is
willing to do so.

In a similar vein, Section 32 of the TENANCY LAW 2012 provides that in proceedings
under the Law, the court shall promote reconciliation, mediation and amicable
settlement between parties. By virtue of this provision, the High Court or
Magistrate Court may refer tenancy proceedings or any part of it to mediation
at the Lagos Multi-Door Courthouse (LMDC) or to the Citizen Mediation Centre
(CMC).

Footnotes:*
Standing Conference of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware *Effective
Mediation Advocacy by Andrew Goodman.*The Lagos Multi-Door Courthouse Neutrals’
Handbook.

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Essentials of a Contract of Employment | Kingsley Ugochukwu Ani

by Legalnaija | Sep 25, 2017 | Uncategorized

A contract of
employment is necessary whenever a person wants to undertake a position with an
employer. But before signing the contract, the employee should endeavor to
understand the ramifications of what he is setting his signature to. If
possible, such employee should try and understand all the clauses in the
contract of employment before signing same. If there are gray areas in the
contract of employment, then he should forward same to a lawyer to go through
the contract for him with a fine-tooth comb before appending his signature.

A contract of
employment is a contract in and of itself, one governing the relationship
between the employer and the employee in their dealings with each other.

Ingredients
present in contracts of employment

There are
certain clauses that should be contained in a contract of employment. There are
certain industry-wide essentials that encompass contracts across all spheres of
work, and there are certain clauses that are industry-specific, taking into
cognizance the nature of Industry, the work expected of the employee, the
confidentiality involved alongside the technical expertise, among a host of
other considerations.

Example:

Mr A is
employed as a teacher in a community secondary school. In his contract of
employment (if any), the employer cannot just insert a Non-Disclosure clause or
prepare a separate Non-Disclosure Agreement. The reason is because of the fact
that there is probably no confidential information Mr. A is going to be
handling during the duration of his employment. He is teaching students, right?

However, the
same will not be applicable in an employment where the employee handles high
stakes business for his employer, with attendant secrets which the employer
might be worried about.

Clauses in a
contract of employment

1. Name of parties
and designation: the parties’ names and their designation, whether as
employer and employee should be clearly stated.

2. Address of the
business: this is the address where the employer carries on
business and where the (prospective) employee will work.

3. Commencement
date: the date the parties are entering into the contract of
employment should be stated too for avoidance of doubt. There might be need too
for a termination date if the contract is time-specific.

4. Salary: the
remuneration, mode of payment, and regularity, plus other factors regulating
the payment of the employee should be set down.

5. Hours of work: this could be
stated as 8 AM to 5 PM, etc, depending on the working billable hours of the
firm.

6. Non compete
clause: this clause is usually inserted for the protection of
the interest of the employer in the deal. It can state that within a stated
period (which should definitely not be unreasonable) from the date of the
termination of the employment of the employee, that he shall not set up a
similar business within a particular physical radius from the address of the
employer’s business.

7. Copyright: During the
duration of the employment of a particular employee, an employee might produce
a copyright-able work. This clause might serve to transfer copyright in any
work-related, industry-specific work created by the employee, especially if
said work was produced using the materials of the employer, on the employer. Or
it can serve to share the copyright between both parties. (Employees should be
careful of this and try to consult with an intellectual property law expert
before agreeing to this).

8. Course of
disciplinary action against employee: This will serve
to showcase the mode of conducting disciplinary actions against an employee
should the employee go against the rules of the employer’s workplace.

9. Overtime: if in the
contract of employment, the work periods of the employee is clearly stated,
then this will serve to show how the employee can be remunerated for work done
by him outside his work periods for the employer’s business.

10. Employee
performance review: many employers can insert this clause in the contract
of employment of the employee for periodic review of the work performance of
the employee. This becomes necessary in a firm which has a hierarchical upward
promotion system so as to check whether an employee is due for upward promotion
in his work.

11. Ethics: This basically
will serve as the code of conduct that the employee is expected to abide by in
his work for the employer.

12. Termination of
employment; notice of termination: under this
particular clause, a lot can go in, including the intention of either party to
terminate the contract between them, the notice to be given, remuneration
during the period of notice, etc. NB: employers should take particular care
in this clause because of the strong laws that exist to protect the interest of
the employee against wrongful termination of employment.

13. Vacation: the employer
might insert this clause to give employee periods within which he can take
leaves from the workplace and still be paid for it; duration, etc.

14. Study Leave: mostly applies
to employees working in institutions of higher education.

15. Sick leave

16. Insurance
coverage: some employers might be considerate enough to include
such clauses that make for mandatory insurance schemes for incoming employees
who are not yet covered under any insurance scheme. It can deal with: amount to
be remitted from employee’s salary, amount the employer will add, etc.

17. Health coverage

18. Work-related
travel: some employers might provide for this, mostly to the
effect that they will shoulder the entire expenses to be accrued by the
employee.

19. Salary scale

20. Non disclosure
clause: will apply to keep the lips of the employee sealed
against revealing any confidential information that the employer considers
important enough, or what they consider their trade secrets from being revealed
by the employees after the employee has left the service of the
employer.

The list is
basically endless.

There are a lot
of clauses that can go into an employee’s contract of employment and these
depend on the nature of the work, and in some cases, on the industry the
employee is getting into. It can also depend on what the parties want covered.

Point to Note: The employee
should be careful so as not to agree to terms that would be considered by an
expert as onerous and detrimental to his interests.

Finally, the
parties will sign and date the contract, and it will have a binding force of
the Law should either of the parties try to renege on the terms of said
contract.

About the
Author:

Kingsley
Ugochukwu Ani is a corporate lawyer with particular emphasis on Real Estate, IT
& IP areas of the law. He can be reached on aniugochukwu@gmail.com

Acts considered domestic violence in Lagos | Adesuwa Omozusi

by Legalnaija | Sep 25, 2017 | Uncategorized

Acts characterized as Domestic Violence
under the Domestic Violence Law of Lagos, 2007. 

The
occurrence of domestic violence in Lagos is on the increase, initially it was somewhat
considered a subtle issue, but with the rate of publications made daily; it
will interest you to know the actions that constitute Domestic Violence in
Lagos State.

The
Domestic Violence law of Lagos was enacted in 2007. Section 18(1) (g) provides
a list of actions that can be characterised as Domestic Violence in the state.
They are as follows:

Ø Physical
abuse; any act or threatened act of physical violence towards the person.

Ø Sexual
abuse exploitation including but not limited to rape, incest and sexual
assault; any conduct that abuses, humiliates, degrades or otherwise violates
the sexual integrity, or dignity of the victim.

Ø Starvation;

Ø Emotional,
verbal and psychological abuse; means 
a  pattern   of    
                             degrading
or humiliating conduct towards a complainant, including––

i.                  repeated insults, ridicule
or name calling as to  cause  emotional pain;

ii.               
repeated threats to cause
emotional pain; or

iii. repeated exhibition of
obsessive possessiveness or 
jealousy                                                      
which  constitute  a 
serious   invasion   of    the   complainant’s                                                          
privacy, liberty, integrity or security;

Ø Economic
abuse and exploitation; refers to:

i.                  
the unreasonable
deprivation of economic or financial resources to which a complainant is entitled  under the Law 
or  which  the complainant  requires 
out  of  necessity,  
including   household  necessities for the complainant, and mortgage
bond  repayments or payment of rent in
respect of the shared residence; or

ii.               
the unreasonably  disposal or 
seizure  of  household  
effects  or  other 
property  in   which  
the   complainant   has  
an   interest   including any equitable; or legal interest;

Ø Denial
of basic education;

Ø Intimidation;
means  uttering  or 
conveying  a  threat, 
or  causing  a   complainant to receive a threat, which
induces fear, anxiety;  

Ø Harassment;
means engaging in a pattern of conduct that induces  the fear of harm to a complainant including;

i.                 repeatedly watching, or
loitering outside of or near the building or place where the complainant
resides,   works,   carries  
on     business, studies and place
of recreation after studies.

ii.           repeatedly making
telephone calls or inducing another person to 
make  telephone  calls 
to  the  complainant,  
whether   or   not 
conversation ensues;

iii.   repeatedly sending,
delivering or causing the delivery of letters,                                                       
telegrams,   packages,   facsimiles, 
electronic   mail   or  
other                                                      
 objects to the complainant;

Ø Stalking;
means  repeatedly  following,  
pursuing,  or  accosting 
the  victim;

Ø Hazardous
attack including acid both with offensive or 
Poisonous substance;

Ø Damage
to property; means the  wilful  damaging 
or  destruction  of                                   property
belonging to a complainant or in which the complainant  has a                                      vested
interest, whether legal or equitable;    

Ø Entry
into the complainant’s  residence  without 
consent   where   the parties do not share the same residence;
or

Ø  Any  
other   controlling    or   
abusive    behaviour    towards   
a                                                 
complainant, where such conduct harms or may cause imminent                                                      
harm to the safety, health or well-being of the complainant; 

Ø Deprivation.

The
law is not gender specific as it relates to man, woman and child. There must be
a domestic relationship between the parties for it to suffice.

A
Domestic relationship such as marriage, cohabitation, dating or customary
relationship, family member or domestic staff is sufficient.

Adesuwa Omozusi is an Associate at Cowrie Partners

The Lagos Multi-Door Courthouse (1) | Dmediationlawyeristng

by Legalnaija | Sep 18, 2017 | Uncategorized

The Lagos Multi-Door Courthouse (LMDC)
concept was initiated by the Negotiation and Conflict Management Group (NCMG)
and presented to the Judiciary and the Legal community nationwide.

The LMDC was launched as the first
court-connected Alternative Dispute Resolution (ADR) center in Africa in 2002.

Inspired by the “Multi-door” concept
enunciated by Harvard Law Professor , Frank Sander at the Pound Conference in
1976, the LMDC founder in the person of Kehinde Aina, a partner in the law firm
of Aina, Blankson & Co, established the Negotiation & Conflict
Management Group(NCMG) in 1996 as a Non-governmental organization engaged in
ADR advocacy in Nigeria.

The high point in the existence of the LMDC
came in May, 2007 when the Lagos Multi-Door Courthouse Law was enacted. The
Legislation encapsulates all the ideals of the organization and provides a
legal framework for its operations.

By the provisions of the law, the LMDC is
established to serve as a focal point for the promotion of ADR in Lagos state
and to support the growth and effective functioning of the justice system
through ADR methods.

The LMDC maintains a Panel of Neutrals
(Mediators and Arbitrators) which consist of reputable professionals who are
familiar with ADR proceedings. It is instructive to note that the composition
of the panel is not limited to lawyers but rather a rich blend of personalities
who have distinguished themselves in various fields of endeavor, most of whom
have been accredited by the Centre for Effective Dispute Resolution (CEDR).

Footnotes:*
Standing Conference of Mediation Advocates (SCMA) *The Lagos Multi- Door
Courthouse Law (LMDC) 2007* The LMDC Practice Direction on Mediation Procedure*
The Multi Door Courthouse Code of Ethics for Mediators* Guidelines For
Enforcement Procedure *Guidelines for Court referrals to Alternative Dispute
Resolution *Principles of Alternative Dispute Resolution by Stephen J.Ware
*Effective Mediation Advocacy by Andrew Goodman.*The Lagos Multi-Door Courthouse
Neutrals’ Handbook.

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us on;

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Page: fb.me/dmediationlawyeristng

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mediationlawng

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10 Things some police officers don’t want you to know | Legalnaija

by Legalnaija | Sep 16, 2017 | Uncategorized

This is a list of laws that some police
officers do not want you to know. Ignorance of these laws allows unscrupulous
officers to take advantage of citizens. It is important that you learn the
following provisions and share them with your friends and family members.

1.     Bail is free

Police Bail is free, the Inspector – General of Police
has stated same over time and recently launched the bail is free campaign educating
Nigerians to stop paying bail and to report any officer who demands bail.

2.     Upon arrest, you
are liable to remain silent

Person
arrested has a right to remain silent and to refrain from making a statement
until consultation with a lawyer as stated further in Section 6 of the ACJA Act 2015; Section 35(2) 1999 Constitution

3.     When been
questioned, you must have your lawyer present

A police officer or person making an arrest shall
inform the suspect of his rights to remain silent or avoid answering any
question until after consultation with a legal practitioner or any other person
of his own choice. Section 6(2)(a) Administration
of Criminal Justice Act (2015)

4.     No one should be
subject to torture or unlawful treatment

A suspect shall be accorded humane treatment, having
regard to his right to the dignity of his person; and not subjected to any form
of torture, cruel, inhuman or degrading treatment. Section
8, Administration of Criminal Justice Act (2015); Section 34, 1999
Constitution.

5.     Upon arrest, suspect
must be charged to court immediately

Where a suspect taken into custody in respect of a
non-capital offence is not released on bail after 24hours, a court having
jurisdiction with respect to the offence may be notified by application on
behalf of the suspect. Section 32 of the
Administration of Criminal Justice Act (2015)

6.     Police officer making
an arrest must state reason

“Except when the
suspect is in the actual course of the commission of an offence or is pursued
immediately after the commission of an offence has escaped from lawful custody,
the police officer or other persons making the arrest shall inform the suspect
immediately of the reason for the arrest”. Section 6, Administration of
Criminal Justice Act, 2015.

7.     Suspect is innocent
until proven guilty

Every suspect is entitled to a fair hearing and is
deemed innocent until proven guilty by a court of law. Section 36(5) of the 1999 Constitution.

8.     No one can be
arrested in lieu of another person

The law provides
that a person shall not be arrested in place of a suspect. Meaning only the
suspect can be arrested and not his parents, siblings, relatives or friends.

9.     Police cannot unlawfully
search your phones

It is wrong for a police officer to stop you and demand
to search your phones unlawfully.

10.                       
 Anyone
unlawfully arrested is entitled to compensation

Any person who is unlawfully arrested or detained shall
be entitled to compensation and public apology from the appropriate authority
or person; specified by law. Section
35(6) 1999 Constitution   

If your rights have been breached in
relation to any of the laws mentioned above, you can make a formal complaint to
the Police Complaint Commission via @PoliceNG_PCRRU npf.gov.ng/complaint or contact
your lawyer.

@Legalnaija

Can a police officer make an arrest without stating the reason? |Legalnaija

by Legalnaija | Sep 13, 2017 | Uncategorized

There have been various scenes in Nollywood
movies, where a police officer makes an attempt to arrest a citizen. Such
citizen will often inquire about the reason for his arrest and the officer will
respond that ‘when you get to the police station, you will find out the reason
for your arrest”. I have always wondered if these scenes were solely fictitious
or whether they stemmed out of the actual practice of the Nigerian Police Force.
 If the latter is the answer, this will
come as no surprise as the Nigerian Police is not popular for imbibing international
best policing practices. It is no secret that the Nigerian Police is still
heavily into torture and extortion. Moreso, the average police officer is not
educated on basic forensic protocols in crime investigations and rely usually
on forced confessions and crude methods in solving crimes.

However, this piece seeks not to criticize the
police but to enlighten members of the Nigerian public on the question – Can a police officer make an arrest without
stating the reason?. The relevant provision of the law which addresses this
question is the Administration of Criminal Justice Act, 2015.

Section 6 of the ACJA provides that –

“Except
when the suspect is in the actual course of the commission of an offence or is
pursued immediately after the commission of an offence has escaped from lawful custody,
the police officer or other persons making the arrest shall inform the suspect immediately
of the reason for the arrest”.  

From the above, it is clear that the answer
to the question – Can a police officer
make an arrest without stating the reason? Is “NO”. The ACJA provides that
any such officer must tell you the reason for your arrest.

Furthermore, a Nigerian police officer will
usually not inform you that upon arrest, the person arrested has a right to
remain silent and to refrain from making a statement until consultation with a
lawyer as stated further in Section 6 of the ACJA Act 2015.

@Legalnaija

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