by Legalnaija | Jun 6, 2020 | Uncategorized
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.
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.
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.
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).
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.
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.
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.
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.
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.
by Legalnaija | Jun 5, 2020 | Uncategorized
On behalf of my colleagues and I at Carol Ibharuneafe and Co., I wish the Executives and Members of the Lion Bar, NBA Benin Branch a successful Law Week.
With the theme “Legal Practice In An Evolving World: Challenges and Prospects”, I am sure the deliberations will be fruitful and the resolutions reached will be of immense value to our colleagues.
I commend the Executives for choosing such a topic which seeks to evaluate many of the challenges we face as a profession and I wish all participants successful deliberations and celebrations during the Law Week.
Kindly accept my best regards.
Caroline Ibharuneafe,Esq
Past Vice – Chairman, NBA Ikeja
#integrity + accuracy
by Legalnaija | Jun 5, 2020 | Uncategorized
On behalf of my colleagues and I at Dele Adesina LP, I commiserate with members of NBA Okehi Branch on the passing of Tony Ikechi Nwala on 1st June, 2020.
Tony has been described by many as a fine gentleman. He was called to the Bar in 2003 and was a very active member of the Okehi Branch until he passed away in his sleep on the 1st of June. Most definitely, he would be missed by many.
I share my heartfelt condolences with his widow, family, friends and members of NBA Okehi Branch.
May the good Lord grant his soul eternal rest, Amen!
by Legalnaija | Jun 4, 2020 | Uncategorized
If you are a young lawyer practicing in Nigeria, you will agree with me that our salaries are very poor. Except you are fortunate to be employed by some of the big firms in major cities like Lagos, Abuja or Port-Hacourt, It is not uncommon to find lawyers earning as low as N20,000 monthly. In fact recently, Twitter was agog with young lawyers sharing bitter experiences about poor remuneration.
I am also sure that if we carry out a comparison with other industries, the Legal industry will earn very low points for remuneration and welfare of younger practitioners. To this end, many lawyers have canvassed for a minimum wage for lawyers and this debate has been ongoing for years. While many are strongly in support, others believe all fingers are not equal and as such you cannot compel lawyers to pay a wage the law firm cannot afford to pay, others say the fact that young lawyers can also jump right into private practice immediately after Law School which is not the case in other jurisdictions is a form of compensation.
Truth be told, both sides have a good argument, while salaries are low, forcing lawyers to pay a minimum wage may as well increase the number of unemployed lawyers in the labour market. Also it is no secret that some practice areas can be more lucrative than others. For instance, commercial, Oil & Gas and property law can be argued to be more lucrative than litigation in most cases.
As we approach another cycle of elections, all aspirants to the office of the NBA President agree that the welfare of young lawyers is of paramount importance and young lawyers are certainly not failing to inquire about the plans of these Aspirants for young lawyers. In comparison, some lawyers have even begun to compare how much salaries the Aspirants pay their staff as the yardstick for picking a candidate to support.
If I must say this yardstick has failed us in the past, as I recall this point has been used as a yardstick in previous elections but none of the past winners has ever changed the salaries of young lawyers. In truth, this is because the NBA President will not pay the salaries of all lawyers in Nigeria. So as young lawyers we must be wary of such sweet promises that will once more go unfulfilled and this is why I want to stake my bet on a candidate that not only talks the talk but walks their talk.
This Aspirant, I believe other young lawyers can also count on. Sometime in 2002, a successful motion was raised before the NBA NEC for a minimum wage for lawyers. Dele Adesina SAN, one of the current aspirants for the office of NBA President was instrumental to that decision as the then General Secretary of the NBA. Till date, no other administration has improved on the little achievement of that administration.
Unlike other Aspirants who are making promises, Dele Adesina SAN has actually been successful in ensuring a minimum wage for generality of lawyers in Nigeria, and I am sure he can do it again. This is why I want all young lawyers to rally around his candidacy, he has the best interest of young lawyers at heart and we can trust him.
I call on my fellow young lawyers to rally round a man with proven capacity, invaluable experience and great vision. Join me in supporting Dele Adesina SAN.
Adeke Abel writes from Yobe State
by Legalnaija | Jun 4, 2020 | Uncategorized
“Serve others: The heart of the leader is manifested through service to others.”
― Artika R. Tyner
The role of a lawyer depends on where you find him/her and may vary from place to place, however, one significant role a lawyer plays is to provide non-lawyers with legal advice. The lawyer is seen as a minister/priest in the temple of justice and it is his duty to ensure that the wheels of justice keep turning.
In a democratic society like ours, lawyers also play a vital role as the custodian of justice. The conscience of the people and a bridge between the government and its people. Alexis De Tocqueville once stated that “When one visits Americans and when one studies their laws, one sees the authority they have given to lawyers and the influence that they have allowed them to have in the government form the most powerful barrier today against the lapses of democracy”. The above quote shows the vital role lawyers have played in developing and nurturing the United States of America.
That brings me to the question, what is the role of lawyers in Nigeria today?
No doubt, Nigeria is experiencing pretty interesting times. Corruption and a lack of accountability have weakened the moral fabric of society and our economy is doing poorly. While this is ongoing, only few lawyers are paying attention while others are solely focused on their legal practice and pockets. When will lawyers realize that the downtrodden masses need their help, when will the lawyer summon up the courage to challenge government on its policies which are crippling us a people, when will he pursue reforms and march on the streets in a bid to secure the rights of his fellow Nigerian whom faith has put in his care.
Maybe the revelation will come to the Nigerian lawyer now and maybe not. However, if you are a lawyer reading this, WHEN WILL YOU COME TO NIGERIA’S AID?
Caroline Ibharuneafe
Past Vice – Chairman, NBA Ikeja
#integrity + accuracy
by Legalnaija | Jun 3, 2020 | Uncategorized
Barr. Omo Osobase Iyioha, a Legal Practitioner based in Benin, Edo State was reportedly abducted on the 9th of May, 2020. A spirited search for the Lawyer only produced his dead body, having been murdered and buried in a shallow grave in an uncompleted building. One of the suspects already in the Police net reportedly confessed to the dastardly act and was said to have actually led the Nigerian Police Investigation Team to the site of the shallow grave of Barr. Omo Osobase Iyioha.
Similarly, Miss Uwaila Omozuwa, a young, ambitious, and determined lady was reportedly murdered on Wednesday, the 27th of May 2020, by a gang of boys who were said to have gang-raped her before her premeditated and callous murder. Uwa was until her untimely death a 100 level Microbiology student at the University of Benin. She was not murdered on the street, neither was she gang-raped at a club. Rather, she was raped and murdered right inside a church which even in a war situation is ordinarily a sanctuary and a safe haven.
The suspects of these multiple murders have been arrested by the Nigerian Police and are in Police custody. In the case of Uwa, the Investigation Team was able to arrest the suspect through the help of forensic examination with the screening of the fingerprints on the fire extinguisher allegedly used to smash the head of Uwa. This is commendable on the part of the men and officers of the Nigerian Police in Edo State. Also commendable is the fact that Uwa’s gruesome murder has attracted the personal attention of the President of this country and that of the Senate of the Federal Republic of Nigeria. A comprehensive investigation must not only lead to the arrest of other _particeps criminis_ of these crimes but more importantly, must lead to the formulation of creative strategy on how to prevent similar crimes in the future. A study of some National Dailies reveals several high degree crimes of this nature on a daily basis. The time has come for the Nigerian Police to step up their acts at crime prevention and detection. In the very words of Section 4 of the Police Act, the primary responsibility of the Police is *”the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property, and the due enforcement of all laws and regulations.”*
An efficient and functional system of crime prevention in this Country will minimise these kinds of dastardly acts. Barr. Omo Osobase Iyioha, a very dutiful Professional making his own contribution to the act of nation-building and Uwa, an innocent Lady that the family has sent to the University to study at the pain of personal sacrifice to the family to give her a better tomorrow would probably not have suffered untimely deaths if the authorities had been able to prevent the criminal act from happening.
Let me seize this opportunity to make the point over and over again that the monolithic and centralised Police structure that we have in this country is no longer in a position to effectively and maximally maintain law and order or protect lives and properties. A monolithic and centralised Police structure such as we have notwithstanding our large and expansive land area, multi-cultural and multi-ethnic, highly diverse, and huge population can never be the best for an effective and efficient policing. If we want an efficient and effective Police system in this country, we must decentralise and have a Police system at every level of this federation. In other words, the case for State Police is again being emphasised in the interest of our nation.
Nothing buttresses this submission than the rate of crime and criminal activities through-out the Country and the creative and necessity-borne ideas at combating these acts of criminality and insecurities through the formation of one Operation or the other to complement the work of the Nigerian Police. Such creative efforts of government like Operation Delta Safe to protect critical national assets and to provide security in the Niger Delta; Operation Python Dance in the South-East to check kidnapping and other criminal activities; Operation Boyona set up to restore law and order in the North-East; Operation Crocodile Smile in the South-South to deal with criminal elements engaged in the vandalism of oil pipelines and installations; and, Operation Crocodile Smile IV to protect land, water channels and the creeks in the South-West to mention but a few are eloquent testimonies that the Police structure as presently constituted is unable to meet up with the enormous security and safety challenges of the Nation. Tt would be recalled that all these Operations are constituted by the military in conjunction with the Nigerian Police and other sister agencies.
Let me also stress that the time to pay enhanced attention to enforcing our law is now. The apprehension of offenders and appropriate sanction and punishment, when found guilty, is in itself a formidable deterrent to criminal actions. When law is not effectively enforced and when institutions of the state are weak, impunity reigns supreme, and lawlessness of various degrees take over. The Nigerian Police must undertake a comprehensive investigation of these multiple murders with a view to bringing all the suspects to justice. The souls of the deceased and their families deserve nothing less. May the Almighty strengthen the grieving families and bless the souls of UWA and IYIOHA.
*Dele Adesina SAN*
by Legalnaija | Jun 3, 2020 | Uncategorized
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
by Legalnaija | Jun 2, 2020 | Uncategorized
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.
by Legalnaija | Jun 1, 2020 | Uncategorized
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.
by Legalnaija | May 30, 2020 | Uncategorized
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
