by Legalnaija | Nov 25, 2014 | Uncategorized
|
| Credits – google |
A number of landlords and estate agents have always wondered
how to best rid themselves of very stubborn tenants without erring in law,
apparently some of these tenants unscrupulously seek to exploit the lacuna in
the law just so they can live in a property for years without paying rent, I have
heard of such tenants and the landlords are usually always bitter about such
situations. Some landlords have always resulted to self-help by forcefully evicting
the said tenants but a recent decision of the court where such a landlord was
directed to pay damages and compensation to the forcefully evicted tenant will
seek to discourage many others.
The Lagos State Tenancy Law 2011 provides that parties can
provide for how a notice to quit can be given in the tenancy agreement,
however, when there is no such provision, Section 13 of the law provides that:-
Where there is no stipulation as to the notice by either
party to determine the tenancy, the following shall apply –
- a week’s notice for a tenant at will
- one (1) month’s notice for a monthly tenant
- three (3) month’s notice for a quarterly tenant
- six (6) month’s notice for a yearly
tenant.
It’s important to note that when the
tenancy is for a fixed period (e.g. one year) and such period has expired but
the tenant refuses to give up possession, if the landlord intends to recover possession, he
shall serve a seven (7) days written notice of his intention to apply to
recover possession. Such notice will be classified as properly served when
handed to the tenant in person; to an adult residing on the premises; by
courier to the address or posting same on a prominent part of the premises.
Upon expiration of the 7 day ultimatum,
if the tenant still refuses to give up possession, the landlord may file a
claim for recovery of possession against the tenant in the magistrate court or
high court where the premises is located.
A court can also order possession if
the tenant is in arrears of rent; has breached any covenant in the agreement;
where the premises is required for personal use by the landlord and where the
premises requires substantial repair. A court shall also have power to make an
order for possession upon proof of facts that; the premises is used for immoral
or illegal purposes; has been abandoned; is unsafe and constitutes a danger to
the public or the tenant simply constitutes a nuisance.
Adedunmade Onibokun, Esq
@adedunmade
by Legalnaija | Nov 20, 2014 | Uncategorized
|
| credit – recereateconsulting.co.uk |
A contract of employment is a
contract between an employer and employee in which the terms and conditions of
employment are stated. The term “employee” denotes anyone who is employed under
a contract of employment for remuneration and an employer is such person who
employs an employee.
An employment contract is an
agreement which carries with it an obligation to pay wages in return for
service and a corresponding right of control on the part of the employer.
Before an employer/employee can make claims under the contract of employment,
such party must prove that the existence of a contractual relationship.
A contract of employment can be oral,
written, or partly oral and written; it may even be inferred or implied from
the conduct of the parties, though most contracts of employment are either oral
or written.
When an employee begins work, the
labour act states that such employee must be given his contract of employment within 3
months and it should state:
- Name, address of the employee and the
place and date of his engagement.
- The nature of the employment
- If for a fixed term, the date the
contract expires
- Appropriate medium and method to
terminate the contract
- Rates of wages and method of
calculation/payment
- Any special conditions of the
contract; and
- Any terms or conditions relating to: hours of work; holidays and holiday pay; and Incapacity for work due to sickness
or injury, including any provisions for sick pay.
It should be noted that contract sof
employment are not binding on the family or dependants of the worker unless it
contains a provision to that effect. Also persons under the age of 16 re not
capable of entering contracts of employment except such contracts are for
apprenticeship. Also, no contract of employment can bar a worker from belonging
to a trade union.
A contract of employment can be
terminated by:
- Expiry of the period for which it was
formed
Where it’s a contract of 3 months or
less, one day notice should be given. One week notice if more than 3 months but
less than 2 years; two weeks notice where the contract has lasted for more than
2 years but less than 5 years and one month, where the contract had continued
for 5 years or more. Usually most contracts of employment
provide either one month or 3 months notice or one month or 3 months’ salary in
lieu of notice.
Adedunmade Onibokun, Esq.
@adedunmade
by Legalnaija | Nov 18, 2014 | Uncategorized
Born
in 1956 in Akuku-Toru, Rivers State, Ajumogobia holds law degrees from the
University of Lagos (1978) and Harvard (1988). He lectured at Lagos University
before founding his own practice, Ajumogobia and Okeke, in 1984, his practice
areas include: Commercial litigation and arbitration; Environmental Law and oil
pollution litigation; Transportation law with a specific interest in Aviation
Law. Recently he was appointed as a member of the ICC International Court of
Arbitration, Paris.
Ajumogobia
became a Senior Advocate of Nigeria in 2003, and was appointed Attorney General
and Commissioner of Justice for Rivers State in 2003. Ajumogobia is a Member,
Council of Legal Education; Member Executive Committee of NBA; Member, Body of
Benchers (2003- 2007); Chairman, Rivers State Sustainable Development Agency
(2005-2007); Minister of State for Energy (Petroleum) and Head of Nigeria’s
Delegation to OPEC (July 2007-December 2008).
He was appointed Minister of State of Petroleum
Resources and Supervising Minister Ministry of Power and Head of Nigeria’s
delegation to the Gas Exporting Countries Forum (GECF (January2009-March 2010);
Member National Economic Council; Member, Honorary Investment Council; Member,
National Privatisation Council; Member, National Independent Power Programme;
(2007- 2010) Minister of Foreign Affairs (April 2010 – May 2011): Member,
National Security Council, President UN Security Council (2010) Chairman
Council of Ministers of Ecowas States; Co- Chairman (with H.E. Miguel Angel
Moratinos Cuyaube- Minister of Foreign Affairs and Cooperation of Spain of
Political Dialogue between EU and ECOWAS Luxembourg (2010); Co-Chairman (with
H.E. George Rebela Chicoti Minister of Foreign Affairs of Angola),
International Contact Group on Guinea Bissau at UNGA (September 2010).
Odein
Ajumogobia is an Ijaw (Kalabari) from Abonnema in Rivers State. He is married
to Awuneba Ajumogobia FCA (née Iketubosin) also from Abonnema, Rivers State.
They have a son and three daughters. Ajumogobia also has wide musical interests
including – the piano, organ and voice; and he has recently taken up the guitar
and saxophone; he is a keen chess, squash and table tennis player.
His
publications include: Chapters in Aircraft Finance, Registration Security &
Enforcement ed. Mcbain & Hames (Longman 1990); Aircraft Liens and detention
rights ed. Graham S. McBain (Sweet & Maxwell 2001); Contributor to WIPO
publication “Preparation of Franchising Guide for Developing Countries;
Enforcement of Foreign Judgements; edited by Louis Garb and Julian Lew(Kluwer);
International Product Liability (Aspatore 2004).
by Legalnaija | Nov 17, 2014 | Uncategorized
|
| Credits – informationnigeria.org |
Adultery is sexual intercourse between two persons of whom
one or both are married but not married to each other. Being able to prove
adultery is quite a difficult task especially if you have to show that there
was in fact sexual intercourse involved. Only an admission of the act or evidence
depicting the actual act is 100% proof of adultery because to prove adultery,
one must show that there was penetration of the male organ into the woman. The courts are aware of this fact, thus in
proving the existence of adultery; the courts will rely on indirect or
circumstantial evidence. The following are ways of proving adultery, though some
are circumstantial, others are more definite:-
- Evidence of disposition and opportunity; for instance, if a married woman had been taken out clubbing for
over 7 hrs after dark, only for her date to bring her home, followed by both
alighting from the car and kiss passionately. That’s a strong evidence showing that
they had opportunity.
- Cohabitation: where a married man/woman lives together under
the same roof with another person, adultery is strongly presumed.
- Confessions: An admission of adultery is proof of same.
- Entry in Register of birth: An entry into the register of
birth by a woman showing that someone other than her husband is the father of her
child amounts to a confession of adultery against her.
- Blood tests: Blood tests can be used to ascertain the
paternity of a child and as such can be used as evidence of adultery, if the
child according to blood test is not the true child of the man.
- Birth of a child after gestation period: When a wife gives
birth to a child, more than 280 days after her husband had sex with her, it
constitutes proof of adultery against the wife.
- Visits to Brothels: When a ma visits a brothel frequently,
its proof of adultery.
- Infections: Contracting a STI is proof of adultery except it
was proven that the STI was gotten via innocent causes.
Adultery must be voluntary, thus a married woman who is raped
cannot be guilty of adultery by virtue of that act.
Adedunmade Onibokun
@adedunmade
dunmadeo@yahoo.com
by Legalnaija | Nov 14, 2014 | Uncategorized
|
| Credit – www.artcleaning.co.uk |
“A Felony”
means an offence on conviction for which a person can, without proof of his
having been previously convicted of an offence, be sentenced to death or to imprisonment
for 3 years or more, or which is declared by law to be a felony.
“Indictable
offence” means any offence –
1.
Which on conviction may be punished by a term of imprisonment exceeding
two years; or
2.
Which on conviction may be punished by imposition of a fine
exceeding four hundred naira;
Not being an offence declared by the law creating
it to be punishable on summary conviction.
“Legal
Guardian” in relation to an infant, child, young person, or juvenile
offender, means a person appointed, according to law, to be his guardian by
deed or will, or by order of court of competent jurisdiction.
by Legalnaija | Nov 14, 2014 | Uncategorized
Christopher Adebayo Ojo, SAN
is a former Attorney General of the Federal Republic of Nigeria. As such, he is
also a past head of the Nigerian Federal Ministry of Justice. He is a legal
practitioner and is licensed to practice in Nigeria, England and Wales.
Chief Bayo Ojo hails from Ife-Ijumu,
Kogi State, in central Nigeria. He had his primary school education in Maiduguri
and Kaduna and his post-primary education at Zaria in Kaduna State. He worked
briefly as a civil servant in Ilorin, Kwara State, before he proceeded to the University
of Lagos where he obtained a Bachelor’s Degree in Law in June 1977. Chief also did
his LLM at the world-acclaimed London School of Economics and Political
Science.
He was former Head of Chamber,
Oniyangi & Co. and founded Bayo Ojo & Co. in 1986. Elevated to the
prestigious rank of Senior Advocate of Nigeria (SAN) in 1999, he was
elected President of the Nigeria Bar Association (NBA) in 2004. Subsequently,
he was appointed Attorney General and Minister of Justice by President Olusegun
Obasanjo.
During his term as
Attorney-General, he regularly appeared in court personally to argue cases on
behalf of the government. Previous attorneys-general had mostly preferred to
engage lawyers in private practice to appear for the government. He was noted
for his brilliant efforts in decongesting Nigerian prisons by engaging lawyers
in private practice to defend various individuals who were being held by the
state without trial.
As Attorney General and Minister
of Justice, he also undertook numerous reforms in the Justice sector
including the development of eight critical bills. In addition, he
reformed all the investment laws in Nigeria. He also advised on the
exit of Nigeria from foreign debts owed to the London and Paris Clubs. Regarded as one of the leading
lights of Arbitration and ADR in Africa, Chief Bayo Ojo, SAN is Africa’s representative at the Board of Trustees of the Chartered Institute of Arbitrators, London.
I was opportune to meet Chief
Bayo Ojo at the Esq. Arbitration International School held in Lagos and I was
amazed at his humility and grace. We talked about policy making in Nigeria and
how there was a dire need for credible and sound policy makers in the country.
He was also gracious enough to give me practice tips and career advice.
@adedunmade
by Legalnaija | Nov 14, 2014 | Uncategorized
Gbenga
Oyebode MFR has been described by International Financial Law Review IFLR 1000
(the guide to the World’s leading Financial Law Firm) as ‘one of Nigeria’s most
prominent Lawyers’ and by Chambers Global as a ‘consummate deal maker who has
received pundits from clients and peer alike for his corporate expertise’.
Mr. Oyebode is a
Barrister & Solicitor of the Supreme Court of Nigeria (admitted June 1980)
and an Attorney-at-law of the Supreme Court of New York State (admitted
November 1983). He is a member of the Nigerian Bar Association and the American
Bar Society of International Law. He holds a Master of Laws from University of
Pennsylvania, Philadelphia (1982) and a Bachelor of Laws degree from the
University of Ife (1979).
Gbenga worked as an
Associate with White & Case, New York between 1982 and 1983. He joined Gulf
Oil Company, Lagos and Houston between 1983 to 1985. Was a partner with the law
firm of Ajumogobia, Okeke, Oyebode and
Aluko [Barristers, Solicitors and Notaries] between 1985-1992 before he became
the Managing Partner, Aluko & Oyebode in 1993.
Gbenga is currently the Chairman of the
Management Board at Aluko & Oyebode and in that capacity coordinates
the various practice areas of the Firm. In addition to his managerial role, he
heads the Firm’s corporate and energy practice areas. Gbenga has extensive
experience in corporate and commercial practice with a special emphasis in the
following practice areas:
- Oil and
gas and power projects
- Foreign
Investment and Privatisation
- Telecommunications
- Project
Finance
- Aviation
Gbenga has also been involved in the
negotiation of complex commercial agreements for a wide variety of transactions
and is a Fellow of the Chartered Institute
of Arbitrators (UK) (FCIArb). He was conferred with one of Nigeria’s highest
honours, the Member of the Order of the Federal Republic of Nigeria (MFR) in
the year 2001. He was also conferred with the Belgian Royal Honour of ‘Knight
of the Order of Leopold’ in 2007. He is the Chairman, Okomu Oil Palm Plc and
also serves on the Board of MTN Nigeria and Crusader Insurance Plc. Mr Oyebode is also the Chairman, Access Bank Plc. Forbes described Gbenga as one of Nigeria’s most renowned commercial lawyers and stated that the value of his shareholdings is worth tens of millions of dollars.
Gbenga
Oyebode has presented many papers including:
- Law firm partnerships in Nigeria – pitfalls
to avoid
- Legal Practice as a Business – The
Legal Practitioner’s Perspective
- The Budding Lawyer in a Global
World: Challenges and Opportunities
- Partnerships in Nigeria – Prospects
& Challenges: A Law Firm’s Perspective
- GSM: Opportunities, Challenges and
Impact on the Nigerian Economy: Pertinent Considerations in the Legal Framework
of an Efficient GSM Industry in Nigeria
- Legal Issues in Oil & Gas
Project Finance.
- Petroleum Exploration and
Development in West and Southern Africa (Legal Perspectives: Anglophone
Countries).
- Ownership and Control Issues
regarding Oil & Gas and Hard Minerals in Areas of Disputed Borders: A West
African Perspective.
- Project Financing in the Nigerian
Petroleum Industry – The Oso Condensate Project.
- The Governmental Regulatory Approval
Processes in Nigeria of Acquisition and Disposal of Oil Producing Properties
- Governmental Regulatory Approval
Processes in Nigeria on Acquisition and Disposal of Oil Producing Properties
by Legalnaija | Nov 12, 2014 | Uncategorized
I just tried
taking a quick nap during my lunch break but I couldn’t because 2 of my colleagues
were passionately discussing the current Nigerian political situation and the
insecurity in the North-East. I bet you know how that goes, with the sad taste
Boko Haram has left in our mouths and how justice seems only for those who can
afford same, both were full of complains and sadness.
One is a
mother whose child is in one of the higher institutions in the North and she wished
she could transfer her daughter to a school down South, the other just wished
our political representatives could be selfless rather than go to the National
Assembly to fatten their pockets, egos and obtain government contracts. In fact
she wished the military could come take power from these rascally politicians and
probably shoot them all, well that was her opinion, before the Nigerian SSS
start looking for me. kindly note that I
am totally pro-democracy, thank you.
Anyway, since
it was getting hard to nap, I joined the conversation, I told them how I believed
the Nigerian democracy will evolve and how the citizens had a duty to compel
govt. on all levels to deliver. However, stomach infrastructure seems to
largely influence our actions and thoughts. When mounting bills are knocking on
your door and the government doesn’t really input in your daily life, it
becomes a luxury to spend time trying to make governance work since the so
called political office holders are too distracted by party allegiances and personal
ambition to pay attention to the day to day duties of promoting Nationhood.
One truth I believe
is that Nigerians need to wake up and make government stand straight. We have so much power standing together that politicians must live in fear of public backlash if they do not deliver. While reading
my constitution, I realized the Nigerian book compels citizens to take
Nationhood really serious and goes to the extent of providing duties for every
Nigerian citizen. Section 24 of the constitution says;
It shall be
the duty of every citizen to –
- abide by the
constitution, respect its ideals and its institutions, the National Flag, the
National Anthem, the National pledge, and legitimate authorities; this goes
beyond learning how to recite it o.
- help to
enhance the power, prestige and good name of Nigeria, defend Nigeria and render
such national service as may be required; be a good ambassador of Nigeria,
don’t be involved in 419 scams, yahoo yahoo, fraudulently lodge our monies
in foreign accounts or commit crimes only to run away from England dressed as a
woman, don’t give out pardons to well established government thieves either.
- respect the
dignity of other citizens and the rights and legitimate interests of others and
live in unity and harmony and in the spirit of common brotherhood;
- make
positive and useful contribution to the advancement, progress and well-being of
the community where he resides; don’t squander public funds, destroy public
infrastructure, make a mockery of your political office or be a cog in the
wheel of progress, all because you are a local champion and you want to receive
egunje.
- render assistance
to appropriate and lawful agencies in the maintenance of law and order; and this is difficult because the Nigerian
police work on a first come, first serve basis, na who first complain and pay money
na him get case, you can even go and report and they will say you are
the culprit, I wonder how those guys think sef.
- declare his
income honestly to appropriate and lawful agencies and pay his tax promptly. GEj
doesn’t like this one sha because he refused to declare his assets a while ago.
If we
followed all of the above, maybe things will get better.
adedunmade
Onibokun, Esq
@adedunmade
by Legalnaija | Nov 12, 2014 | Uncategorized
From the 1st
to 5th of December, 2015, the Lagos State High Court will be having its
settlement week. This is a period in the legal year where the Court earmarks
cases which it believes can be settled amicably by the parties and these cases
are forwarded to the Lagos Multi-door Court House which is also in the High
Court complex in Igbosere, Lagos. The LMDC offers Alternative Dispute
Resolution mechanisms free of charge and all litigants are advised to confer
with their counsel on how to take advantage of the settlement week.
The Lagos
Multi-Door Courthouse (LMDC)
was established on June 11, 2002, as a public-private partnership between the High Court of Justice, Lagos
State and the Negotiation
and Conflict Management Group (NCMG), a non-profit private organization. The
overarching objective of The LMDC is to facilitate dispute resolution within
the Nigerian Justice System.
Section 3(1)(8) of the Lagos Multi-door
Courthouse Law states one of its objectives as to promote or undertake projects
or other activities including but not limited to the settlement week which will
further assist in decongesting the courts and help to achieve.
There are so many legal issues that can be
resolved through ADR including; banking and insurance related disputes;
landlord and tenant matters; property disputes; debt recoveries; libel and
slander; administration of estate; employment disputes; construction disputes; accident
and tort; medical negligence; contracts enforcement; family disputes;
succession disputes; and small claims etc.
Adedunmade Onibokun, Esq
@adedunmade
by Legalnaija | Nov 8, 2014 | Uncategorized
BRIEF FACT ABOUT YOUNG LAWYERS’ FORUM (NBA-YLF).
The NBA young Lawyers forum is a platform for dynamic and resourceful lawyers within the post call bracket of 1-7 years, who are striving to make a difference in the legal practice. Bearing in mind that the NBA is the umbrella body of all lawyers in Nigeria, its operational structures include the young lawyers forum.
The underlying objective of the forum is to articulate the welfare of young lawyers and address the issues concerning their welfare and professional development.
These challenges range from undermining perceptions, economic decline to increasing competitive environment and limited opportunities for the latent potentials of young lawyers to thrive. These and many more affect the chances of a progressive career growth of the young lawyer.
To address these challenges, young lawyers established the Nigerian Bar Association – young Lawyers’ Forum (NBA-YLF) in 2006 under the leadership of the then honourable NBA president OLISA AGBAKOBA S.A.N.
The Forum is steered by YLF-Governing Council appointed by the NBA national executive with its headquarters at the NBA Secretariat Abuja for a term of 2years.
The branches of NBA nationwide also have the mandate to inaugurate and appoint the credible and worthy members of the forum into the executive council of young Lawyers Forum. The various offices into the Forum executive are:
1 .The chairman
2. Vice chairman
3. Secretary
4Treasurer
5. Financial-secretary
6. Publicity Secretary
The terms of reference of the executive apart from the general mandate of articulating issues concerning Young Lawyers welfare are set out in the Forum Bye Laws.
Issa Adedokun Esq. Is the current Chairman of the NBA Young Lawyers’Forum, Ikeja-Lagos.
