CITIZENSHIP UNDER NIGERIAN LAW



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.
Adedunmade Onibokun Esq
@adedunmade
dunmadeo@yahoo.com


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

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.
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

Adedunmade Onibokun Esq.
@adedunmade
dunmadeo@yahoo.com

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

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.

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.
