by Legalnaija | Jun 22, 2020 | Uncategorized
Hi there,
You are invited to a Zoom discuss on the future of the Bar and Bench in the face of the Corona Virus Pandemic.
Host-
Olabamiji Adeyeye (Lead Partner LES AVOCATS)
Moses Ademola Falana
Senior Associate O.E.B Offiong & Co.
Speakers –
Honourable Justice Flora Ngozi Azinge(Judge Delta State High Court
Dele Adesina SAN
Mrs. Ludia Oluwakemi Oyewo
Honourable Justice Nasiru Saminu
Date- Jun 22, 2020
Time- 04:00 PM West Central Africa
Register in advance for this meeting:
https://us02web.zoom.us/meeting/register/tZYrdO-rqTMsGNx5SWig2maCyhao6sADO3bw
After registering, you will receive a confirmation email containing information about joining the meeting.
by Legalnaija | Jun 18, 2020 | Uncategorized
My attention has been drawn to a story published and circulated by an online media barristerng with respect to a crude and fallacious allegation that put the payment of my 2018 Bar Practicing Fees (BPF) in issue.
While it is true that I seconded the nomination of a colleague who is contesting for the office of Financial Secretary in the NBA Ikeja Branch Election, one Adeola Ademilola Esq (the candidate), that the NBA Ikeja Electoral Committee claimed they did not find record of payment of my BPF is most ludicrous. Upon being notified of her non-clearance by the Electoral Committee, I caused an application to be made to the General Secretary of NBA to confirm my payment of the 2018 BPF. The General Secretary replied vide a letter addressed to the Registrar of Supreme Court of Nigeria and dated 10th of June, 2020, wherein he confirmed the payment in issue. I thereafter released a copy of the said confirmation letter and other documentary evidence of payment to the candidate. However, before the candidate could make the said letter available to the Electoral Committee, the Committee issued a notice disqualifying the candidate alongside other candidates. Interestingly, I have my Practice Licence and stamp for 2018, yet some mischief makers will rather promote evil and falsehood.
I am aware that the candidate in the Branch Election who was disqualified has since written an Appeal to the NBA Branch Elections Appeal Committee in charge of South West. That a sponsored petition was written over this issue merely strengthens our suspicion that the whole disqualification saga was pre-planned and targeted at Deacon Dele Adesina SAN.
It is rather sad and most unfortunate that NBA politics has degenerated to this level of shenanigans we are currently witnessing.
Election must not be a do or die affair. Sponsoring frivolous petitions to embarrass a candidate is indecent and dishonourable.
I will not say more for now.
A. Adegbite Esq, FICMC
by Legalnaija | Jun 18, 2020 | Uncategorized
The NIGERIAN BAR ASSOCIATION has released names of candidates screened to contest the post of the PRESIDENT of the Association.
I KOLAWOLE PETERS DOPAMU have weighed all the options available and I must confess that all the contestants are men of great influence and character.
However, I have no hesitation in declaring my support for the PRIMUS INTER PARES amongst them. He is DEACON DELE ADESINA (SAN). DASAN
In declaring my support for DASAN I considered inter alia integrity, character, resourcefulness, experience in bar politics and conflict resolution prowess. I also considered relational proficiency of the candidates. I weighed each candidate on an imaginary scale before coming to the choice I made.
I find DASAN to be an effective administrator who has compassion for people. He is sympathetic to noble causes and exceptionally benevolent to needy souls.
I have known DASAN since the glorious days of Human Rights struggles as a pupil counsel in Gani Fawehinmi Chambers and I can only testify that he is a man with great vision and passion.
NBA is in dire need of a revolutionary. One who can bring the association to par with 21st century realities. DASAN exemplifies the essence of the yearnings of all men in wigs and gowns, old wigs and greenhorns!
I am persuaded that DASAN is THE MAN FOR THE JOB
I am convinced that DASAN will DELIVER
I am satisfied that DASAN will take NBA to the desired eldorado
by Legalnaija | Jun 17, 2020 | Uncategorized
Members of NBA Ado – Ekiti Branch had a successful Bar elections today, 16th June, 2020.
Though the elections had many ups and downs, Legalnaija celebrates with the new Excos of the Branch and felicitates with the outgoing Excos on a successful tenure.
Election results are –
*Chairman*
Adeyemi Adewumi 106 votes
C.O Omokhafe – 18 votes
L
O.T Obisesan – 4 votes
Alh. Abubakar Ajibade – 4 Votes
*V. Chairman*
Abigail Aladejare – 132 votes, Void 2
*Financiall Secretary*
Tomide Oshakile – 120 votes, 2votes against.
*Treasure*
Oluwaseyi Ebenezer – 126votes, 1votes against, void 3
*Publicity Secretary -*
Adetutu Oluwaseyi 127votes,Vote against 2, void 2
*Legal Adviser*
Akomolafe Oluwaseyi – 128votes, Void 5
*Assistant Secretary*
Bayode Kehinde – -93 votes
Femi Falade – 40 votes
*Secretary*
Akin Borode – 59votes
Oluwatobi Ogunbiyi -74votes
by Legalnaija | Jun 16, 2020 | Uncategorized
This
article attempts to settle the crisis between landlord and tenant. Part One of
the article explained everything about tenancy agreement and types of tenancy.
In this last part, we will focus on the rule guiding notice to quit, how to end
tenancy, procedure for recovery of premises and how to avoid the crisis between
landlord and tenant.
HOW
TO CALCULATE LENGTH OF NOTICE TO QUIT
Landlord
and Tenant are free to agree on the length of notice to quit; where there is no
agreement, Tenancy Law of the State where the property is located will apply.
The followings are default length of notice to quit provided by law.
1.
Yearly Tenancy: six months’ notice
2.
Half Yearly Tenancy: six months’ notice
3.
Quarterly Tenancy: three months’ notice
4.
Monthly Tenancy: a month’s notice
5.
Weekly Tenancy: a week’s notice
The
calculation of the length of notice to quit by the Court is very complex; a
month’s notice to quit, issued on 2nd November will expire on 31st December and
not 2nd December. Generally, notice to quit can be given at any time prior to
the date of expiration of the current tenancy. The length of the notice to quit
can be more than the one provided by the parties or the law but it must not be
shorter. In Abuja, notice to quit must terminate at the eve of the anniversary
of the current term (i.e. a day before expiration of tenancy). While in Lagos,
notice to quit is valid once it is stated to terminate on or after the
expiration of tenancy. In Nigeria, all states have different law on tenancy;
the provisions are the same with minor changes.
FREQUENTLY ASKED QUESTIONS
These
are some of the questions I received after the publication of “Tenancy Crisis
Part One”.
QUESTION
ONE:
My
landlord threatens to use police to evict me because I owed him six months’
rent. Please help me.
ANSWER:
The Landlord cannot force you out of the premises with the help of Police
because doing so will amount to trespass. The law protects you and gives you
the right to sue your landlord for damages whenever the landlord enters your
apartment without your consent or used force to evict you. The right thing for
the landlord to do is to follow due process of law by approaching the Court.
QUESTION
TWO:
My
tenant refused to pay rent for three years now. I do not want him to occupy my
property again. I want to involve the Police because I tried every peaceful
method. What do you think I should do?
ANSWER:
Tenancy relationship is not regulated by criminal law, it is wrong to report a
tenancy matter to the Police. However, the Police can only be invited when
there is a fight, burglary, etc. The duty of the police is limited to the
criminal matters arising from tenancy relationships. Thus, reporting the matter
to the Police will amount to waste of time and resources because the Police
will surely refer the matter to the Court. The right thing to do is to read the
tenancy agreement, in order to check the procedure for eviction. Where the
procedure for eviction is not stated in the agreement, peruse the law of the
state where the property situates for direction. Usually, if a tenant owes
arrears of rent for more than one year, it is good for the landlord to issue
seven days’ notice of owner’s intention to apply to Court to recover premises,
and then proceed to file action for repossession in Court after the expiration
of the seven days.
HOW TO END TENANCY
There
are several ways by which tenancy can be determined. The choice of which one to
take is crucial because choosing a wrong mode can lead to conflict.
Surrender:
This
is when the Tenant gives up possession voluntarily before the expiration of the
agreed period. It may be express or implied by conduct. To be effective, the
Landlord must indicate acceptance.
Forfeiture:
This
is when the Landlord re-enter the premises or apply to court to terminate
tenancy on the occurrence of certain event. This can only occur in fixed
tenancy and must be stated in the tenancy agreement.
Merger:
Here
the Landlord surrenders his interest to the Tenant. This is when a Tenant
purchases the property or acquires a superior estate owned by the Landlord. It
is the opposite of surrender.
Rescission:
This
is where the law permits one of the parties to apply to court to terminate
tenancy when there is an element of fraud in the tenancy relationship.
Force
Majeure:
Where
there is an occurrence of event without the fault of either party, tenancy will
come to an end. For example, destruction of property by fire or flood.
Effluxion
of time:
This
is where tenancy relationship comes to an end upon expiration of the agreed
period. Service of notice is not necessary but the tenancy agreement may
contain option to renew and service of notice to quit. The law prohibits
forceful eviction. Thus, due process of law must be followed.
Termination
by Operation of Law:
This
is when the law permits recovery without issuance of notice to quit. Once a
monthly Tenant is in arrears of rent for three months, the Landlord can issue
seven days’ notice of owner’s intention to apply to court to recover
possession. The tenant is not entitled to notice to quit. Also, the tenant is
not entitled to notice to quit in fixed tenancy (as discussed above) and a half
yearly tenant in arrears of one year is not entitled to notice to quit.
PROCEDURE
FOR THE RECOVERY OF PROPERTY
a.
The Landlord should issue letter of authority to a Lawyer,
b.
The lawyer will issue notice to quit (where necessary). If the Tenant fails to
deliver possession at the expiration of notice to quit,
c.
The lawyer will issue seven days’ notice of owner’s intention to apply to court
to recover possession. If the Tenant neglect to vacate the premises at the end
of seven days,
d.
The lawyer will approach the appropriate court (Magistrate Court or High Court;
depending on the rental value of the property),
e.
Court will issue summons and commence trial,
f.
The Court will deliver judgment (usually extending the stay of the tenant for
certain period or order the tenant to vacate the property immediately and award
necessary costs). Where the tenant is ordered to pay arrears of rent and such
Tenant has no money, the court will attach valuable personal property of the
Tenant and auction it to pay the Landlord.
HOW
TO AVOID TENANCY CRISIS
The
Tenant should deliver possession once notice to quit has been served. Where the
Tenant neglects to deliver possession after the end of tenancy and subsequent
issuance of statutory notices; the Landlord should not forcibly evict the
Tenant because doing so may lead to avoidable legal battle and financial waste.
The legal option for the Landlord is to take action in court and demand for
repossession, costs and arrears of rent/damages.
Read Part of the article via:
1.
https://thenigerialawyer.com/tenancy-crisis-part-one-nature-of-tenancy-covenants/
2. http://insidearewa.com.ng/tenancy-crisis-part-one-nature-of-tenancy-covenants/
5. https://www.legalnaija.com/2020/06/tenancy-crisis-part-one-nature-of_6.html?m=1
Other
articles by the Author:
1.DIVORCE:
https://thenigerialawyer.com/grounds-for-divorce-a-legal-digest/
2.
Life after Law School. https://www.legalnaija.com/2020/05/life-after-law-school-setting-up-right.html?m=1
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.
by Legalnaija | Jun 15, 2020 | Uncategorized
Date: June 18th, 2020
Time: 4pm
Registration: https://bit.ly/ESQWebinar
Exemplary employees are well remunerated and always progress aggressively in their careers.
Law firms, In-House Legal Departments and Government Departments are always on the lookout for talent and willing to go to great lengths to hire, engage and retain talent who are critical to their operations.
As a young lawyer, showing skill, talent and being invaluable is a skill critical to boosting your legal career and positioning for promotion and even partnership.
– So what does it take?
– How do you demonstrate value to your employer such that they are ready to give huge increments, offer promotions and even Partnership options as inducements to hire, retain or discourage you from leaving?
The job market for lawyers is fluid, and considering recent events, organizations are under pressure to cut down on expenses.
Join Kehinde Ogunwumiju SAN, Partner, Afe Babalola & Co; Adeleke Alex – Adedipe – Managing Partner – Duale, Ovia and Alex – Adedipe; Chukwudi Enebeli – Senior Counsel, Pinheiro LP; Perenami Momodu – Partner, AELEX; Bukola Bankole – Partner, The New Partnership; Mobola Akinkugbe – Partner, AO2 Law and Demola Adesina Esq, Managing Partner, Dele Adesina LP for insights on this topic.
Event is hosted by Lere Fashola Esq, Founder, ESQ Practical Lawyer Academy.
https://bit.ly/ESQWebinar
MAKE IT A DATE
by Legalnaija | Jun 15, 2020 | Uncategorized
I have received barrage of phone calls, all of which have conveyed the rude and shocking news to me that Granville Isetima Abibo SAN died this morning. My immediate reaction was that of total disbelief because I did not in any way see it coming. The confirmation of the news shattered and devastated me. Then pain set in. This is one death too many. Death, you have created a big vacuum that would be too hard to fill. Why? Why Granville Abibo?
I have had a sustained relationship with Granville for over Twenty (20) years. Granville was an extraordinary friend. His commitment to relationship is unsurpassable. He valued, nurtured, and sustained our relationship continually and continuously. I am yet unable to say *”Good Night”* to Granville. Granville was until his death one of our Generals in Team DASAN
To all members of Team DASAN Nationwide, I hereby direct that we suspend immediately further consultations and engagements on the ongoing Electoral process of the NBA in honour and respect of the person of our great Friend for the next Twenty-Four (24) hours. My heartfelt condolences to his wife; children; the staff of Granville Abibo & Co.; members of Nigerian Bar Association, Port-Harcourt Branch; the Body of Senior Advocates of Nigeria; and members of Team DASAN Nationwide.
I pray that God will grant us all the fortitude to bear this irreparable loss.
*Dele Adesina SAN, FCI Arb.*
