Caroline Ibharuneafe,Esq Congratulates Surulere Lawyers Forum On Swearing – in Of New Excos

Caroline Ibharuneafe,Esq Congratulates Surulere Lawyers Forum On Swearing – in Of New Excos

 
On behalf of my colleagues and I at Carol Ibharuneafe and Co., I congratulate the new Executives and Members of the Surulere Lawyers’ Forum led by Celestine Okonkwo Esq. I also commend the Yusuf Bello led outgoing Executives for a successful handover and tenure.
 
Since the SLF was founded in 2006, it has remained the local branch of the NBA in Surulere and environs with the mandate of promoting the welfare and interests of its members.
 
It is my wish and prayer that the strong legacies built by its leaders such as Chief Victor Iyanam , Otunba Martins Adeniyi Ogunleye, Esq , Fred Onyeka ,Esq and Blessing Chioma Ferguson, Esq continues with this new administration.
 
 
Caroline Ibharuneafe,Esq
Past Vice – Chairman, NBA Ikeja
#integrity + accuracy
TENANCY CRISIS (Part one): Nature of Tenancy & Covenants | Okpi Bernard Adaafu (Oba) Esq.

TENANCY CRISIS (Part one): Nature of Tenancy & Covenants | Okpi Bernard Adaafu (Oba) Esq.

Tenants
are usually in a hurry to take possession of property without reading tenancy
agreement, thereby, becoming victims of onerous terms in the agreement. Average
tenants do not ask for tenancy agreement, while most property owners only issue
payment receipt and nothing more. In some cases, landlords increase rent
arbitrarily. On the other hand, some tenants derive pleasure in defacing rented
property (redesigning without landlord’s permission). Similarly, default in
payment of reserved rent on the part of tenant, usually necessitate illegal
eviction. Some of the cases are wrongfully taken to the Police Station instead
of the Court. These complexities give rise to protracted altercation and
assault between the landlords and tenants. This article avoids legalese and
explains everything about tenancy in clear terms.

TENANCY AGREEMENT/COVENANTS

Tenancy
agreement is very important. It provides clear terms and prevents unwarranted
possession of property after expiration of tenancy, and avoids arbitral
increase of rent. It is good for every property owner to prepare tenancy
agreement. Also, Tenants should not take possession of property without
demanding for tenancy agreement and endeavor to read it carefully.

There
is no particular form to write the agreement but a standard tenancy agreement
must contain; date, names and addresses of parties, rights and obligations or
covenants and witnesses.

 

 

NATURE OF TENANCY

Understanding
the types of tenancy is crucial because it helps the Landlord to calculate the
length of notice to quit and guide the Tenant properly.

Ø Periodic Tenancy:
Here the landlord and tenant agree on certain duration (commencement and
expiration date) but there is a springing interest which can only be brought to
an end by proper notice. This means that, even when the duration expires, the
tenant can renew it and continue possession and the landlord cannot evict the
tenant forcefully except with due process of law. This is the most common type
of tenancy in Nigeria. It can be ascertained by reference to time when rent is
paid or demanded.

 

Ø Fixed Tenancy:
Here there is a certain date to start and definite date to end tenancy. The
landlord can re-enter the premises and take possession by due process of law.
There is no automatic right to renew. Where a tenancy for a fixed term expires
but the tenant continues to occupy the property and neglects to deliver up
possession; such a tenant becomes a statutory tenant or a tenant at sufferance.
However, if the tenant pays rent at the amount agreed under the expired
tenancy, the tenant is deemed to be a periodic tenant on the same terms as the
expired tenancy.

 

 

Ø Statutory Tenancy:
This is when a Tenant continues in possession after expiration of
Fixed/Periodic Tenancy with the protection of law. In order to evict such
Tenant, the Landlord must follow due process of law. The Tenant will pay mesne profit (amount payable for the
period spent after the expiration of tenancy).

 

Ø Tenancy at Will:
Here the landlord permits another person to occupy premises without definite
agreement. The owner of the property or the tenant can terminate the tenancy
when any of them likes or at any time convenient. This type of tenancy occurs
where; (i) a person is allowed to occupy a property for an indefinite period
rent free, (ii) a purchaser of property has been let into possession pending
completion of purchase agreement, etc.

 

 

Ø Tenancy at Sufferance:
This type of tenancy is regulated by common law, it occurs when a Tenant
continue occupation after the expiration of tenancy. It is important to state
that, tenancy at sufferance is not operational in Nigeria; it has been replaced
by statutory tenancy.

 

Ø Tenancy by Estoppel:
The law will presume the relationship of Landlord and Tenant where a person let
out property and it is proven that the person has no title or interest in the
property. This is a simple way of holding runners/agents responsible for
letting out premises without title or interest.

 

 

Ø Service Tenancy/Service Occupant: Employer
can offer an accommodation to employee for no rent (service occupant). In some
cases the employer will demand a little amount of rent from the employee
(service tenant). Once employment terminates, the service occupant must give up
possession. However, a service tenant is entitled to at least seven days’
notice to quit.

 

Ø Licence:
Here the owner of property permits another to enter the land and perform
certain act which would otherwise be wrongful. It can be terminated by
revocation. The licensee is entitled to seven days’ notice to quit (notice of
revocation).

Sometimes,
the type of tenancy may not be expressly agreed by the parties, and it may be
difficult to ascertain the nature of tenancy. In such cases, the nature of
tenancy shall be determined by reference to the time when rent is paid or
demanded.

PART TWO explains everything about
termination of tenancy, length of notice to quit and how to recover property
without crisis. 

Contact the Author:

Twitter:
@OkpiBernard

Email:
okpibernardadaafu@gmail.com

Phone:
+2349032116272

OKPI BERNARD ADAAFU (OBA)
ESQ

(LL.B, B.L, ACIArb, MCMC) is an Associate at KANU G. AGABI, SAN (CON) & ASSOCIATES, Abuja, Nigeria.

 

 

Data Privacy concerns: NGO sues TikTok for violating the Nigeria Data Protection Regulation

Data Privacy concerns: NGO sues TikTok for violating the Nigeria Data Protection Regulation

In a reaction to TikTok’s various data privacy breaches and likelihood of further breach, a not-for-profit organisation -(Laws and Rights Awareness Initiative) has approached the High Court of Ogun State for redress for and on behalf of its members.

In Suit No. HCT/261/2020 filed on the 29th day of May 2020 by the law firm of Olumide Babalola LP pursuant you the provisions of the Nigeria Data Protection Regulation and Constitution, the Applicant prays for:

1. A DECLARATION that by virtue of article 1.1(a) of the Nigeria Data Protection Regulation (NDPR) 2019 data protection is guaranteed under right to privacy covered by section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

2. A DECLARATION that the Respondent’s processing (i.e collection, storage, use etc) of personal data without a valid privacy policy is likely to interfere with the Applicant’s members’ fundamental rights to private and family life guaranteed under section 37 of Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

3. A DECLARATION that the Respondent’s privacy policy violates the provision of article 2.5 (a),(g) and (h) of the Nigeria Data Protection Regulation (NDPR) 2019 and likely to interfere with the Applicant’s members fundamental right to private and family life guaranteed under section 37 of the Constitution.

4. A DECLARATION that the Respondent is liable to be fined by virtue of Regulation 2.10 of the Nigeria Data Protection Regulation 2019 (NDPR) to the tune of 2% of the Respondent’s Annual Gross Revenue of the preceding year or payment of the sum of 10 million Naira, whichever is greater for violating the provision of the NDPR for its violation of the Regulation.

5. AN ORDER mandating the Respondent to publish its privacy policy in full compliance with the Nigeria Data Protection Regulation 2019 on its website www.tiktok.com within 7 days from the delivery of judgment.

The suit is however yet to be assigned to any judge of the division.

CHARLES AJIBOYE,ESQ., FICMC IS A RESOURCEFUL INDIVIDUAL AND A BLESSING TO THE NIGERIAN BAR ASSOCIATION – Chairman, Young Lawyers Forum, Ezekiel Bodunde,Esq.

CHARLES AJIBOYE,ESQ., FICMC IS A RESOURCEFUL INDIVIDUAL AND A BLESSING TO THE NIGERIAN BAR ASSOCIATION – Chairman, Young Lawyers Forum, Ezekiel Bodunde,Esq.

I was excited to hear that my predecessor in office, Charles Ajiboye has picked and submitted his nomination forms and would be vying for the position of the Assistant Publicity Secretary in the NBA Elections 2020.

I have known him for over 10 years and I make bold to say that he is indeed a transformational servant leader and a tremendous blessing to the Nigerian Bar Association.

I served with him as Assistant Secretary of the NBA-YLF Ikeja Branch while he was the Chairman. His administration was a great success as he recorded a lot of milestones.

The NBA-YLF Ikeja Branch received more visibility and relevance during his tenure. He is a team player, a goal getter, a very hardworking and selfless person. 

Charles Ajiboye is an Executive Partner at The Penthouse Law and presently the Publicity Secretary of the Nigerian Bar Association, Ikeja.

Charles has an uncommon way of solving problems and I can guarantee that his contribution as an executive of the Bar would be felt by all and sundry.

Undoubtedly, Charles Ajiboye is a mentor to a lot of lawyers within and outside his jurisdiction. He is a multiple award winning trailblazer as he commenced offering Digital Legal Services and has been able to carve a niche for his firm in the Automotive Industry amongst others, with several awards to his credit.

As part of his selfless services to humanity, he encourages and supports young people to thrive in their businesses. He replicated same within the legal industry by regularly giving tips and advice to lawyers on how to succeed and see law as a business. So many successful law firms in Nigeria can trace their foundation to him.

I encourage every lawyer who wants to get inspired to succeed to watch his YouTube videos (https://tinyurl.com/Charles-YouTube ) and participate in the Law as A Business Group (https://chat.whatsapp.com/Eu1WRliM8Ll8WVXOPEJYg9).

I am happy that he is offering to serve. He is the epitome of all the good a Lawyer should be and he stands tall as the model every Young lawyer should aspire for.

Charles Ajiboye,FICMC has my highest recommendation for his pursuit at the Nigerian Bar Association and I pray that by the special grace of God, he shall be elected as the National Assistant Publicity Secretary so that we all can understand why I speak this way.

Ezekiel Bodunde,Esq.
Chairman of the NBA-YLF Ikeja Branch
.

Join Charles Ajiboye Friends group via this link –

https://chat.whatsapp.com/FnPjyi5moNh7llVrw1rp65

NBA Election Must Never Be Taken As A Do or Die Affair – Chief Wole Olanipekun SAN

NBA Election Must Never Be Taken As A Do or Die Affair – Chief Wole Olanipekun SAN

*Q*: *The NBA will elect a new set of officers in July this year to pilot its affairs for the next two years. It is the turn of the Southwest, and consequently, Egbe Amofin under your new leadership has met to adopt Mr. Dele Adesina (SAN) as its Presidential candidate. The process leading to his adoption has been criticised by some, while your pledge to donate the seed money for the construction of the permanent headquarters of Egbe Amofin at Ibadan has been described by someone as a Greek gift. What are your reactions to these?*
Answer:
In the course of this interview, you instigated me to mention some things that we have done in the past few years by God’s grace, I have reminded you of two lawyers who came to appreciate me in Ilorin for benefitting from the cars procured by their leaders through my assistance nine years ago, is this a Greek gift? The Wole Olanipekun Scholarship Scheme has been on since 1996, is it a Greek gift? I have just read on the internet that the little fund I gave to the Ilorin Branch of the NBA on 19th March, 2020 has again been used to buy two cars for two young lawyers, whose photographs with the vehicle are now trending on the internet.

I don’t know any of the two lawyers. Is that also a Greek gift? For the past 15 years or so, I have steadily rendered quality assistance to the Lagos Branch of the NBA and successive Chairmen of the branch can attest to this. Perhaps, the sponsored write will also be described as a Greek gift.

My track record is in the public domain. I don’t want to join issues with anybody, but I know where that sponsored piece came from, a lecturer in the Nigerian Law School, who does not hail from any of the states in the South-West.

As a lecturer, one would have expected him to do a proper research before jumping to the fray. As for the criticism of Egbe, in respect of the adoption of Dele Adesina (SAN), this has been unfair and most uncharitable.

*Q. Why do you say this?*

*Ans:” At no time in the history of Egbe Amofin has the election of a consensus flagbearer been as democratic and painstaking as this one. This has been the only time that all the Branch Chairmen of all NBA Branches in the South West, all of them, without any exception were constituted into a committee to interface with, interview and pick a consensus candidate for the Egbe.

Between August, 2019 and February, 2020, four meetings were held by the Egbe, one in Lagos on 27/8/19, and three at Ibadan on 26/10/19, 9/11/19/ and 22/2/20. At the Lagos meeting, the unanimous resolution was that on no account would the Egbe sponsor two candidates, because of our experience of 2014.

At the Ibadan meeting of 26/10/19, Muyiwa Akinboro, SAN, Dele Adesina, SAN, Tunde Ajibade, SAN, and Awoniyi Alabi, all signified their intentions to contest the NBA presidency under the banner of the Egbe, with each of them solemnly pledging in the presence of all attendees numbering about 500 that he would abide by the decision of the Egbe. Muyiwa Akinboro is a former Chairman of the Abuja Branch and former National Secretary of the NBA. Dele Adesina is a former Chairman of Ikeja Branch and former National Secretary of the NBA.

Awoniyi is a former Chairman of Osogbo Branch and former Legal Adviser of the NBA. Both Akinboro and Adesina are life members of the NBA NEC. The meeting of 26/10/19 unanimously nominated Chief Niyi Akintola, SAN to co-ordinate the meetings and deliberations of the committee set up by the Egbe for the selection of a sole candidate.

In turn, each of the candidates stood up to express his satisfaction with the composition of the committee and the choice of Chief Niyi Akintola, SAN as the coordinator. The committee submitted its report at the meeting of 9/11/19, showing that over 80 percent of the Branches/Branch Chairmen endorsed the nomination of Dele Adesina, SAN, as the sole candidate.

The meeting of 9/11/19 would have been held a week earlier, but for the passionate plea of Tunde Ajibade, SAN who said that that date would not be convenient for him and we shifted the date of the meeting to 9/11/19, because of him. He did not attend the meeting of 9/11/19, but the report of the selection committee was ratified and adopted.

It was then decided that all the Branch Chairmen and the leaders should sign the adoption document for record purposes, and all the Chairmen signed, apart from the Chairman of Lagos who is neither supporting Dele Adesina nor Tunde Ajibade.

The elders, including Chief M.A Ajomole, former Chairman of the Body of Benchers, who will be 90 years later this year, Chief Mrs. Priscilla Kuye, former President of the NBA, Chief Emmanuel Abiodun, former Chairman of Ibadan Branch, Chief Gboyega Awomolo, SAN, former Chairman of the Committee of Chairmen and Secretaries of the NBA, Chief Felix Fagbohungbe, SAN, Chief Niyi Akintola, SAN and myself signed. It was also the decision of the meeting that all the other fora in the country be informed of the choice of Dele Adesina, SAN as the consensus candidate of the Egbe.

*Q*: *What is the grouse of those criticising the adoption process?*

*Ans*: I cannot honestly diagnose their grouse. I was one of the leading lawyers of the South-West who founded the Egbe in 1999 – the others were late Chief Debo Akande, SAN, late Chief Idowu Shofola, SAN, late Chief Dele Aiku, SAN, late Chief Adigun Ogunseyitan, and Chief Gboyega Awomolo, SAN. The Egbe adopted me as its candidate in 2002 and Rotimi Akeredolu, SAN, in 2008.

I can say with all sense of responsibility that the process put in place leading to the adoption of Dele Adesina, SAN has been more elaborate, democratic and painstaking. I understand that my beloved brother, Tunde Ajibade, SAN complained that the criteria used by the committee were not known to him, but I can recollect that at the meeting of 9/11/19, the committee was mandated to formulate its own criteria, taking cognisance of the criteria which had always been used by the Egbe, including experience, acceptability, national reach, positions earlier held within the NBA, etc.

Any candidate who had further ideas on the criteria to be adopted by the committee was advised to pass same to the committee.  With respect to my beloved colleague and younger brother, Tunde Ajibade, SAN, his criticism of the Egbe is very hypocritical and also amounts to double talk.

The fact still remains that he wants to contest the presidency of the NBA simply because it is now the turn of the Southwest to produce the next President, based on a zoning arrangement initiated by the leaders of the Southwest and Southeast in 2000.
Or why did he not show interest in 2018 when it was the turn of the Southeast? Can he or any other person then be taking advantage of the turn of the Southwest and at the same time be pointing accusing fingers at the Egbe under which auspices he wants to contest? Now, was he taken into confidence before the President of the NBA, Mr. Paul Usoro constituted the membership of the Electoral Committee of the NBA (ECNBA) under the chairmanship of Mr. Tawo Tawo (SAN)? Did the ECNBA seek his consent before the choice of the ICT firm that will conduct the election? Did the NBA President discuss with him, or seek his consent before setting up the e- voting portal? Yet he wants to contest the election.

My appeal to him is that NBA elections must never be taken as a do-or-die affair as it happens out there in all the political parties in Nigeria. For example, I voluntarily stepped down for OCJ Okocha (SAN) in the year 2000, and I became the President of the NBA at God’s appointed time in 2002.

Some people are of the view that the Regional Fora are no longer relevant in the Bar because of the universal voting dispensation now at the Bar, what is your view on this?

Those who are peddling this suggestion should be reminded that it is a dangerous one which can be likened to a bizarre suggestion that the states and the six zones in Nigeria should be abolished. The different fora, through their branches gave birth to the NBA at the National level, and not the other way round.

On no account should any forum or the NBA generally disregard the decision of another forum, especially with regards to the choice of candidates particularly under a situation where all the Branch Chairmen in the South West, have signed and sealed the resolution that this is the choice of the South West.

It is the Southwest today, next time it will go to Arewa in the North and before you know it, it will be the turn of the South East; etc.

Excerpt from the interview granted by Chief Wole Olanipekun SAN and published by the Nation Newspapers on the 26 May, 2020.

Webinar on Digital Innovation in Financial Services

Webinar on Digital Innovation in Financial Services

Years ago, a man(company) with deep foresight developed a software that has revolutionized payments in Nigeria. It’s called the REMITA. He developed it long before the Federal Government Treasury Single Account was enforced.

FINTECH is no longer an illusion, it is the new order. And the disruptions it is causing is massive.

There are huge opportunities in it for lawyers in the new normal. Join me at The Penthouse Law Interactive Session, where the Visionary CEO of the Billionaire SystemSpecs, John Tani Obaro will be sharing on the topic: *Digital Innovation In Financial Services: Opportunities for lawyers.*

Register here now IF you have never attended any of our sessions http://tinyurl.com/The-Penthouse-Sessions

Date is Tuesday, 2nd June 2020 on Zoom. It is wisdom for lawyers to begin to expand their horizons and carve a niche for themselves in emerging areas.

Please watch our previous sessions here http://tinyurl.com/Charles-Ajiboyes-Videos

My name is *Charles Ajiboye* and I just want us to succeed together.

Penalty for Killing, Lions, Elephants and Vultures in Nigeria  – #ObscureLegalFacts

Penalty for Killing, Lions, Elephants and Vultures in Nigeria – #ObscureLegalFacts

KILLING OF LIONS, ELEPHANTS AND VULTURES IN DEFENCE OF HUMAN LIFE ETC

#OBSCURELEGALFACTS BY AROME ABU

In Nigeria, except for defence of human life or public interest, it is an offence to kill a Lion, Leopard, Cheetah, Royal Python, Whale, Elephant, Vulture etc

PENALTY
N1,000,000 to 5,000,000 fine.

Section 5 of the Endangered Species Act 2016.

Arome Abu is the Principal Partner of TCLP.

CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.

Obscure Legal Facts is an exclusive daily publication of THE COUNSEL L-P.
Plot 108 Idris Gidado
Way, Wuye, Abuja.
abuarome@gmail.com
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounselLP

Photo Credit – all Frica.com 
#ObscureLegalFacts – Organ Harvesting in Nigeria | Arome Abu

#ObscureLegalFacts – Organ Harvesting in Nigeria | Arome Abu

In Nigeria, it is an offence to pay a person to obtain their consent in order to remove their organ.
Iran allows commercial organ harvesting. While China is thought to rely on executed prisoners to provide the bulk of its transplanted organs.
PENALTY
Imprisonment of not less than 7 years or fine of not less than N5,000,000.00
Section 20(b) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015.
Arome Abu is the Principal Partner of TCLP.
CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.
Obscure Legal Facts is an exclusive daily publication of THE COUNSEL L-P.
Plot 108 Idris Gidado
Way, Wuye, Abuja.
abuarome@gmail.com
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounselLP
Photo Credit- Health Europa 
I Am Proud of NBA Ikere- Ekiti Branch’s Historical Achievement | Caroline Ibharuneafe

I Am Proud of NBA Ikere- Ekiti Branch’s Historical Achievement | Caroline Ibharuneafe

 
On behalf of my colleagues and I at Carol Ibharuneafe and Co, I congratulate the Chairman, Exco and Members of NBA Ikere- Ekiti Branch in Ekiti State for a successful Branch election and the historical achievement of the emergence of yet another female Chair and Secretary of the Branch.
 
History was made when Kike Owolabi and Ibironke Odetola won the branch election and emerged as the Chair and the Secretary respectively. Ifedapo Osadola also emerged as the branch treasurer. The confidence in these women by the Members of NBA Ikere – Ekiti Branch cannot be mentioned without the immense success of the Oludayo Olorunfemi , Esq led Exco.
 
It is amazing what our female members in the NBA are achieving through the positions they are holding and others such as the Executives of the NBA Women’s Forum serve as another example. I celebrate with and congratulate all female lawyers for this amazing feat.
 
Caroline Ibharuneafe
Past Vice – Chairman, NBA Ikeja
#integrity + accuracy

 

#ObscureLegalFacts: Penalty For Forceful Eviction From Home by Husbands and Wives

#ObscureLegalFacts: Penalty For Forceful Eviction From Home by Husbands and Wives

‪In Nigeria, it is an offence for a man to forcefully evict his wife from the home, or refuse her access into it.‬

It is also an offence for a wife to forcefully evict her husband or deny him access into the home.

PENALTY
-Fine-N300,000
-Imprisonment not exceeding 2 years or both

It is also an offence to incite or aid a person to forcefully eject his/her spouse.

In Africa, owing to the cultural misconception that it’s the husband who owns the house, many women face forceful ejection when the marriage gets frosty.

NOTE: The VAPP Act applies only in the Federal Capital Territory.

See Section 9 of the Violence Against Persons (Prohibition) Act.

Arome Abu is the Principal Partner of TCLP.

CAVEAT: Note that this information is provided for general  enlightenment purposes and is not intended to be any form of legal advice.

Obscure Legal Facts is an exclusive daily publication of THE COUNSEL L-P.
Plot 108 Idris Gidado
Way, Wuye, Abuja.
abuarome@gmail.com
+234 803 262 2359
+234 708 1156 539.
Twitter: @TheCounseLP
Photo Credit – Abrahams & Gross