Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,194,177 members, 7,953,641 topics. Date: Thursday, 19 September 2024 at 09:37 PM

Barristerlaw's Posts

Nairaland Forum / Barristerlaw's Profile / Barristerlaw's Posts

(1) (2) (3) (4) (5) (of 5 pages)

Travel / Re: General USA Student Visa Enquiries-part 17 by Barristerlaw(m): 12:45pm On Apr 16, 2023
I am confused and I need your guide. I initially scheduled b1/b2 interview for February 2024 with a view to traveling for new York bar exam.
I got admission for master at university of Miami. I just got my I20. Is it advisable for me to have another visa application having reschedule that of b1/b2 two or three times, and I also tried to use emergency option once and it disappeared from my page since then. Is it necessary for me to write the embassy first?
Travel / Re: General USA Student Visa Enquiries-part 17 by Barristerlaw(m): 1:27pm On Apr 06, 2023
Please i want to be connected to nigerian students in University of Miami. i got admission into their LLM program. is their any whatsap group i can join? I need to be connected to Lagos F1 whatsap platform. Thanks

1 Like

Travel / Re: Canadian Student Visa Thread Part 22 by Barristerlaw(m): 12:33pm On Mar 23, 2023
please let us get in contact anytime we receive their decision. i wish us best of luck. itching to hear from them
Johnbravo1994:
I also applied to the university of Saskatchewan LL.M as well. Not yet but you will get your decision on or before 31st of March according to the college of law graduate coordinator.
Travel / Re: Canadian Student Visa Thread Part 22 by Barristerlaw(m): 11:39am On Mar 22, 2023
university of saskatchewan
please is there anyone here that has got acceptance letter from the university of Saskatchewan?. I applied for LLM since January but i have not heard from them. I am confused whether to go ahead with the admission i got from the University of Miami in USA. although i have paid the seat deposit of 500 dollars.
I would prefer university of saskatchewan if i am given admission because of their scholarship. i applied for thesis based master

1 Like

Business / Steps To Apply For Consent Code For Registration Of Associations In Nigeria by Barristerlaw(m): 9:23am On Jun 09, 2021
CAC has digitalized its operation to ease registration of companies and associations in Nigeria. Therefore, applicants are now required to obtain consent code for registration under Incorporated Trustee
The first step is to apply for the Consent of the Registrar General of the Corporate Affairs Commission (CAC) to register associations, clubs, foundations, religious bodies which are registrable under Incorporated Trustee.
Go to CAC portal https://pre.cac.gov.ng. if you are an existing user, you will sign in with your user name and password. If you are a first time user, you will open an account with CAC by signing up.
Once the dashboard opens, click on name reservation tab and pick new reservation

1. INCORPORATED TRUSTEE DETAILS
The first step is for you to fill the incorporated Trustee details i.e the proposed names of the Association



2. CONSTITUTION
The next thing you will do is to save and proceed to the page where you will fill the information regarding the association.


3. Aims & Objectives
You have to type all the proposed aims and objectives of the association

4. TRUSTEE
The next thing is for you to supply the names and information of all the trustees of the association

5. Preview you filled data for correction of possible errors
6. You will then proceed to payment online through your debit card. After which you will submit and wait for consent code before you proceed with the publication and registration of your association, club, foundation or religious body.
You are not required to upload any document at this stage. A letter to the Registrar General of CAC is no longer required.
Please note that Corporate Affairs Commission (CAC) has the right to disapprove name(s) that are:
 capable of misleading as to the nature and extent of its activities undesirable, offensive or contrary to public policy
 identical with or similar to the name of a registered company or limited liability partnership is in the course of dissolution and signifies its consent in the manner prescribed by the Commission
 contain the phrase "Chamber of Commerce" unless it is a company limited by guarantee
 would violate existing trade mark, limited partnership or business name unless with the consent of the owner of the trade mark, limited partnership or business name
 would violate any incorporated trustee unless with the consent of the trustees
Please note that whatever information you supply cannot be changed until after registration is completed.

2 Likes

Politics / Oduduwa President Will Be Appointed By The Traditional Rulers-sunday Igboho by Barristerlaw(m): 8:47am On May 23, 2021
Oduduwa president and governors will be appointed by the traditional rulers-Sunday Igboho
stated this at the palace during Oduduwa Nation awareness rally yesterday while he was addresing the traditional rulers in Ondo state. Watch his full address in the Video Here https://frontlinersnews.com/oduduwa-president-and-governors-will-be-appointed-by-the-traditional-rulers-sunday-igboho/

1 Like

Crime / Baba Ijesha Speaks, Denies Ogunlana As Legal Representative by Barristerlaw(m): 7:17am On May 23, 2021
Frontliners News
Embattled Nollywood actor, Olanrewaju James, popularly known as Baba Ijesha, has said Adeshina Ogunlana, a former Chairman of Ikeja Branch of Nigerian Bar Association (NBA) is not his counsel.

In a copy of the disclaimer, made available to the News Agency of Nigeria (NAN) on Saturday in Lagos, James said that he never briefed Ogunlana to be his legal representative.

“I wish to state categorically and emphatically that I have never briefed the lawyer nor instructed him to act on my behalf in any way, or manner howsoever and whatsoever.
Details Here https://frontlinersnews.com/baba-ijesha-speaks-denies-ogunlana-as-legal-representative/
Politics / VIDEO: Yoruba Nation Agitators Storm Akure by Barristerlaw(m): 11:26am On May 22, 2021
Agitators for a separate Yoruba nation under the auspices of Ilana Omo Oodua on Saturday stormed Akure, the Ondo State capital in continuation of its support rally in all the Southwest States.

This is in defiance to warning by Governor Oluwarotimi Akeredolu, in March this year, that all agitators for Yoruba nation should stay away from the state.

Governor Akeredolu said the people of the state have elected to stay in the Federal Republic of Nigeria as constituted at present.

The Ondo Governor said no part of the entire state, known and delineated as Ondo State, would permit any gathering or agitation which may suggest, however remotely, that the people are in support of what he termed ‘unthinking rabble rousing.’

Frontliners News has earlier reported that: ‘Sunday igboho blasts Gani Adam over agitation for Oduduwa Nation’

Read also : Agitating for Oduduwa Nation is unconstitutional and a scam by Saheed Akinola

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

Spokesman for the group, Maxwell Adeleye, had assured that the rally would hold without violence or any form of brigàndage.

He said the rally would relentlessly and vociferously demanded for Oduduwa Republic.

The Nigeria Security and Civil Defence Corps (NSCDC) deployed its personnel to the Isokan Roundabout, venue of the rally.

Women, youths, okada riders are seen sitting in groups waiting for the rally to commence.

Spokesman for the Ondo Police Command, ASP Tee-Leo Ikoro, said the police would not allow miscreants use the rally to cause havoc like what happened during the #ENDSARS protest.

WATCH the Video here VIDEO: https://frontlinersnews.com/breaking-yoruba-nation-agitators-storm-akure/
Politics / Video: Sunday Igboho Blasts Ganiu Adam Over Agitation For Oduduwa Nation by Barristerlaw(m): 3:17pm On May 21, 2021
Sunday igboho replies Ganiu Adam who called his struggle for yoruba nation an entertainment in a viral video
watch the video here: https://frontlinersnews.com/sunday-igboho-blasts-gani-adam-over-agitation-for-oduduwa-nation/
Politics / Agitating For Oduduwa Nation Is Unconstitutional And A Scam By Saheed Akinola by Barristerlaw(m): 7:13am On May 20, 2021
Rahmah Mustapha-Frontliners News

Editor’s note: In recent times, the agitation for break-away of some ethnic groups from Nigeria, has continued to take the centre stage in the media. But why some people insist that the country should break, others argue that separation is not solution to the problems plaguing the nation.

In this piece, Frontiliners News’ contributor, Saheed Akinola esq, a legal practitioner, human rights crusader and writer, writes about the agitation for Oduduwa nation by some Yoruba nations.

Saheed gives legal advice on a variety of issues bordering on rights violation and he could be reached via:lagoslawgurus@gmail.com +2348032493960.

There are three major ways by which any group that is agitating can secure self-independence from a country.

Through negotiation and dialogue where the constitution of the country makes provision for a section that wants to secede.
Secession by force through civil war
Through Amendment of the constitution to accommodate secession where there is no such provision in the constitution.
This write-up is interested in the third way stated above because that is the only reasonable way by which any section who is interested in seceding in Nigeria can adopt even though it is a hard nut to crack and as difficult as trying to tread a needle in the dark.


45 acres of farmland for sale at Odeda, Ogun State N300,000 per acre. +2348032493960

The first mode mentioned above can not work even if the president and the National assembly agree with the secessionists for them to be separated from Nigeria. That will be outside the purview of their constitutional powers because they can not give what they don’t have. It will be foolhardy to be seeking something from those that have it not. Those who are seeking for secession from Nigeria are asking the government to give what they don’t have. This is dead on arrival as far as Nigeria constitution is concerned.

The second option has never worked and it will never work because it will be suicidal for any section or tribe to try to secede from Nigeria by force. It is going to be disastrous and catastrophic for a section of the country to declare war on a sovereign state which has wherewithal to prosecute the war.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

It is indeed childish for Sunday Igboho and his team to declare a section of the country to be independent. Not only that, he also has the effrontery to declare war against the country and incites people to take up arms against the state.

It is laughable, as sophisticated as Yoruba are, for Sunday Igboho to be asking people to go and buy guns and fortify themselves with charm. It shows the mental state of the so called champions of the so called oodua Nation. Do these people know what it requires to fight war in modern time?

Most of the people behind the call for oodua Nation are either illiterates or those who are out of the corridor of power and they have no access to the “national cake” (the Nigerian phrase for elite division of national oil revenue). Their ideology is: “either we have access to the soup or we destroy the pot”. They only hide under the guise of love for their ethnic group.

The treatment of those agitating for secession in different countries is largely dependent on the provisions of their constitutions.

There are essentially three approaches the constitution of a country can provide for. It can:

(a) prohibit secession;

(b) remain silent on it; or

(c) allow secession

Assuming, for the sake of argument that the constitution allows Secession, it does not create the egalitarian society its proponents often assume will be created. Nor does secession reduce conflict, violence or minority oppression once successor states are established. Secession is not in accordance with democratic principles because secessionists do not want to accept rule of majority in certain state.

Indeed, when all the main actors agree concerning dissolution of a country and the procedure to adopt, there is really no reason not to accept this dissolution.

Unfortunately or fortunately, Nigeria constitution, the one we are operating today doesn’t favour secession and rather emphasizes the existence of the country as one indivisible entity. It is the constitutional duty of every elected president who swears to the oath of office to defend the unity of the country.

Anybody who is a student of history would have read that, in 1960 Republican Constitution, when we were preparing for independence in October 1st, the late Chief Obafemi Awolowo proposed that in our Constitution, there should be a clause that can allow any part of this country to go away. The Sardauna of Sokoto also supported the move but late Dr Nnamdi Azikiwe kicked against it and Azikiwe’s position prevailed and that is what we have in our Constitution today that nobody can move to secede. Any group, state, region or tribe that does so becomes an enemy of the country.

The most fundamental document in Nigeria is the current 1999 constitution as amended. It is sacred, and constitutes the parameter of internal and external relationships of a state. It is the GRUND NORM from which all other laws derive their legitimacy.

How to Register Your Company through the New CAC e-Registration Portal

Let us look at the preamble of our constitution which is to the effect that we all swear to uphold and defend the unity of the whole country called Nigeria:

“We the people of the Federal Republic of Nigeria

Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international

co-operation and understanding”

Also going by the provisions of section 1 and 2 of the constitution which is binding on all persons, the Nigeria as a sovereign entity is not divisible:

(1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.
The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
How to get a divorce in Nigeria – filing for divorce in court


(1) Nigeria is one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria.

Nigeria shall be a Federation consisting of States and a Federal Capital Territory.
Those clauses have remained consistent from Independence constitution till the current one, so if anybody is making move to secede, he or she is working against the Constitution of the Federal Republic of Nigeria and whoever is in government at that particular time will have the responsibility of protecting the Constitution and he can move against that person.

The president, being the commander in chief of the armed forces, has the constitutional right of protecting the nation’s territorial integrity and if in his wisdom, and as a professional, consider the actions of some people as inimical to the sovereignty of the country, he should not fold his arms but take necessary actions and move against them.

Calling for secession is nothing but a treasonable felony because the secessionists want to divide the country by force in flagrant contravention of the constitution.

According to the provision of section 37(1) of the Criminal Code, anyone who levies war against the state in order to intimidate or overawe the president or governor of a state is guilty of treason and should be punished by death

Under the Nigerian Constitution, no part of Nigeria has the power to form its own independent government or secede from the country. In fact, the word ‘secede’ does not appear in the Constitution. The secessionists should know or be informed that if an act is void it is nullity, you can not put something on nothing and expect it to stand, it will definitely collapse.

Some people who are more informed have been calling for a referendum so that people within the region will be carried along in the fight for secession. That can not equally work because such referendum will amount to nullity; there is no provision for such referendum in the constitution. The constitution of Nigeria only addresses two scenarios where a referendum is recognized – state boundary adjustment and the recall of a member of the National Assembly.

In Nigeria’s case, Section 9 (2) and (3) clearly outlines the procedure for amending any provision of the Constitution. It requires the votes of two-thirds of members of both houses of the National Assembly and approval by resolution of two-thirds of the States Houses of Assembly.

The import of Section 9 of the constitution is that the National Assembly can only pass an Act to amend the constitution when its proposal to amend the constitution has been supported by two-thirds majority of all the members of each chamber and is approved by the resolution of at least 24 Houses of Assembly of the States. This section of the constitution states the procedure to be adopted in amending the constitution.

If two-thirds of each of the Houses passes the proposals without amendment, it would then be transmitted to the State Houses of Assembly by the Clerk of the National Assembly for their concurrence.

A vote of simple majority of members in 24 states will be required for each amendment to be completed.

When two-thirds of the States approve each clause by simple majority, the amendment automatically comes into effect.

Those who have been following the analysis in this write-up will realize that the third option is equally difficult because of the stringent procedure of amending the constitution in order to include the secession clause that will allow the section that wants to do so.

In my opinion, the best way is to keep demanding for restructuring that will allow each region to grow according to its pace and resources without over depending on the federal government.

Our problem is neither ethnicity nor religion; it is the wicked political jobbers that we have at the helm of affairs. They only appeal to our sentiment by employing religion and ethnicity to achieve their personal aggrandizement when things are not working for them.

Simple steps to write your will by yourself

There is no doubt; things are very tough for the common man. Everything is in a bad state which can turn an ardent optimist to a pessimist. The masses are crying of hunger; the rate of unemployment is increasing; the price of food stuff and other products are Skyrocketing every day. We all look up to our leaders who pretend nothing is amiss.

That notwithstanding, Yoruba will say ‘Ori bibe ko ni ogun Ori fifo” which is literally translated to mean that you don’t severe your head from your body to cure headache. It will be unconscionable and stupid for us to destroy the country because our elected office holders are not performing up to our expectation.

There are certain provisions in the constitution that give sovereignty to the people-like the power of the legislator to impeach the president and also the powers to recall our legislators. Which National assembly will impeach the president in Nigeria even if the president is anti-people when they always put their personal interest and party’s interest above the people’s interest?

Where are the people who will recall their legislators for not representing them well? All are after their pockets and personal aggrandizement. Nigerians will only complain when they are outside the corridor of power; once they are within their circle they change the tune and become another Kayode or Abati.

Let those that are genuinely concerned about the way this country is going contribute their quota towards the development and success of this country and also learn a lesson and resolve that when next there is an opportunity to choose a leader then we will chose the most qualified and not based on sentiments in all its manifestations.

https://frontlinersnews.com/agitating-for-oduduwa-nation-is-unconstitutional-and-a-scam-by-saheed-akinola/

3 Likes

Properties / Why You Need A Property Lawyer When Buying Or Selling A House by Barristerlaw(m): 9:29am On Apr 30, 2021
Sideeq Oyeniyi

Editor’s Note: Saheed Akinola Esq, the Managing Partner of Choiceland solicitors, in this latest article, explains the reasons why it is important to engage a lawyer when buying a house/landed property in Nigeria

Saheed is a legal practitioner, property lawyer, human right crusader and business advisor. He could be contacted through +2348032493960, lagoslawgurus@gmail,com

Buying a landed property/house requires a lot of due diligence to avoid being scammed, therefore, it requires the judgment of a property lawyer who is seasoned in the field. That is why in practice it is essential for every prospective buyer to get a real estate lawyer to conduct a search in relation to the property and give his opinion based on his findings in form of report

Let us consider some of the reasons why hiring a property lawyer might be important from both buyer and seller’s perspective

What does a property Lawyer Do?

A property lawyer is first of all qualified to practice law as barrister and solicitor of the Supreme Court of Nigeria having satisfied all the conditions precedent and called to the Nigeria Bar. In addition to this he has garnered sufficient experience and expertise in real estate transactions. A property lawyer is familiar with all aspects of the land/home purchase process and can represent buyers, sellers or lenders.

Some people will wait until when the deal is concluded before they contact a lawyer who will prepare the deed of assignment for them so as to reduce the expenses.

This is not good enough, It is better to hire a lawyer early in the process, to handle such matters as search, review of the document, giving of legal opinion, draft contract of sale and deed of assignment.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

When Would I Need a property Lawyer?

There are several situations in which a property lawyer can be helpful in the home-buying and selling process, from conducting a search, reviewing the purchase contract in a typical sale to dealing with a uniquely complicated one.

Contract of sale

It is better to engage a lawyer from the inception so that he will be in the know of the mode of payment of the consideration and some other agreed terms which will warrant the draft of contract of sale that will be based on the terms agreed upon by the parties. There are some contracts that their complexity may require to be drafted by a lawyer.

Engaging a lawyer at this stage will help you avoid potential problems down the line by making the contingencies as favorable to you as possible.

The contract is the one of important documents in the home sale process, and it includes several negotiable issues. Some of the most important issues in the purchase contract involve:

Timing. Your timeline for closing on the property could be affected by the sale of your own property issues largely outside of your control, such as unexpected lender delays.
Inspection. A home inspection can uncover many problems, and a seller and buyer could end up negotiating on who will pay for repairs. In some cases the buyer—if the contract allows it—could withdraw from the contract without penalty.
Title. A title search is routine before a purchase, and might turn up a lien on the property you’re selling or buying, which a lawyer can help investigate.
Closing
Closing on a home sale or purchase involves dozens of pages of legal documents to review. A lawyer can help both the seller and buyer navigate the review, which can be especially intimidating and confusing to a first-time home buyer.

It is the duty of the lawyer to negotiate the repairs, monitor the financing and review the title when representing the buyer, At closing, the lawyer explains all the mortgage documents to buyers.


40 acres of farmland for sale at Olugbo, Odeda, Ogun State N300,000 per acre. +2348032493960

Scenarios where a lawyer’s opinion is essential

Here are some situations that are unusual and might require an attorney’s advice and negotiating skills:

You’re buying a home that is part of a special type of sale, such as an estate sale, short sale, auction or purchase from a bank
You’re purchasing a home that’s in another state
You’re selling a home that is a central part of a divorce settlement
You’re selling a home that was owned by a family member and you are in charge of the estate
You’re buying or selling a property that has major issues, such as structural damage
You have major financial issues and are trying to sell a property that has liens on it
You are buying a house whose owner is dead
You are buying that is owned in common or jointly owned property
You are buying a landed property that requires ratification from government.
You are buying a property that is owned by an incorporated company or incorporated trustees.
Drafting of Deed of Assignment

It is only a lawyer that is empowered by law in Nigeria to prepare, frank and seal assignment document, therefore, the importance roles of a property lawyer in land/house sale transaction cannot be over emphasized. For more enquires on landed property contact Barrister Saheed Akinola on +2348032493960
Source: https://frontlinersnews.com/why-you-need-a-property-lawyer-when-buying-or-selling-a-house/
Properties / Reasons Why All Agreements Not Made By Lawyers Are Invalid And Useless by Barristerlaw(m): 8:35am On Apr 29, 2021
Sideeq Oyeniyi

Editor’s Note: Saheed Akinola Esq, the Managing Partner of Choiceland solicitors, in this latest article, he explains the reasons why it is a crime for any non-lawyer to prepare an agreement on landed property.

Saheed is a legal practitioner, property lawyer, human right crusader and business advisor. He could be contacted through +2348032493960, lagoslawgurus@gmail,com

There are certain classes of agreement, if not made by a lawyer, may end up being a useless paper in the event of litigation where same is expected to be used as a documentary evidence to establish a particular fact. As a matter of fact no non-lawyer can prepare an agreement for another person for a fee-such agreement will be invalid in law and goes to no issue.

Lawyers’ work is like an ocean, which is limitless, because it touches every sphere of lives. Hence, law practice is all encompassing.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

To prevent quackery, lawyers’ work is protected by a federal law (the Legal Practitioners Act, 2004). The Federal law prohibits every non-lawyer from performing any part of lawyers’ work.

The import of the provision of section 22 of Legal Practitioners act 2004 LFN is that it is an offence for non-lawyer to prepare any document/agreement relating to rent, buildings and Land

Indeed it is a criminal offence in Nigeria, for a non-lawyer to prepare any document relating to rent, tenancy, lease, mortgage, sale, transfer, gift, land, landed property, extracted and not-extracted minerals resources, mines, buildings, structures or relating to probate, letters of administration or any proceedings in court in Nigeria.


The offence is punishable with a fine that is not more than #200.00 or imprisonment for not more than 2 years or both. Where an offender is a company, the directors, managers, secretaries or any such officer as well as the company will be held liable.

However, the offence cannot be brought to court after 3 years from the time the offence was committed. It is irrelevant whether the non-lawyer posed as a lawyer or not, the mere fact that the work of lawyers is been performed by a non-lawyer for a fee is a crime.

All agreements not made by lawyers are invalid and useless, where the agreement was prepared for a fee and the agreement relates to rent, tenancy, lease, mortgage, sale, transfer, gift, land, landed property, extracted and not-extracted minerals resources, mines, buildings, structures or probate, letters of administration or any proceedings in court in Nigeria.

This criminal act is common among agents in Nigeria to avoid payment of professional fee. Some even go to the extent of using lawyer’s name on the said document so as to represent to their clients that the document is prepared by a lawyer. This is an impersonation and it is a crime.

you can get more legal opinion here https://frontlinersnews.com/reasons-why-all-agreements-not-made-by-lawyers-are-invalid-and-useless/
Business / 17 Ways By Which Small Companies Benefit From New CAMA 2020 by Barristerlaw(m): 10:52am On Apr 19, 2021
Rahmah Mustapha
Editor’s Note: Saheed Akinola Esq, the Managing Partner of Choiceland solicitors, in this latest article, explains the procedure for getting divorce in Nigeria.

Saheed is a legal practitioner human right crusader and business advisor. He could be contacted through +2348032493960, lagoslawgurus@gmail,com

The newly enacted Companies and Allied Matters Act, 2020 repeals the Companies and Allied Matters Act, Cap. C20, Laws of the Federation of Nigeria, 2004.

This is to bring to the fore some of the beneficial provisions of CAMA 2020 to small companies. Notable innovations/reforms under the new Companies and Allied Matters Act (CAMA) 2020 include the following:

1. Single-member/shareholder for private companies

By virtue of the provision of S.18 (2) of the new CAMA, it is now possible to establish a private company with only one (1) member or shareholder. This is a plus for small companies and entrepreneurs because it has totally resolved business registration bottlenecks. A lot of businesses have been forced into unnecessary partnerships because prior to the new CAMA, to legally own a business in Nigeria, you needed to provide at least two or more people as co-owners of the business.

2. Replacement of authorized share capital with minimum share capital

The concept of ‘Authorized share capital’ has now been replaced in S.27 of the Act with the concept of ‘Minimum share capital’ with minimum share capital promoter(s) of a business not required to pay for shares not needed at a specific time. This implies that the promoter(s) of a business is not required to pay for or allocate shares that are not needed at the specific time of incorporation.

3. Introduction of Statement of Compliance

Section 40 (1) provides for the introduction of Statement of Compliance (SOC) signed by an Applicant (or agent), without the need for a Lawyer or Notary Public to attest to Declaration of Compliance (DOC). SOC is a requirement of the law that indicates that the applicant has complied with the registration and requirements.

4. Power to cancel or withdraw a reserved name

Power of the Corporate Affairs Commission to any time before a certificate of incorporation is issued, withdraw or cancel a reserved name if it discovers that such name is identical with that by which a company in existence is already registered, or so nearly resembles it as to be likely to deceive under Section 31(3) CAMA.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

5. Signing of statement of compliance

Statement of Compliance to be signed by the applicant or his agent confirming that the requirements of the law with respect to registration has been complied with thereby expunging the need for a legal practitioner or Notary Public attestation under Section 40 CAMA 2020.

6. Power to cancel or withdraw the issued certificate of incorporation

CAC is given the power to cancel or revoke a certificate of incorporation issued under this Act where it is discovered that the certificate was fraudulently, unlawfully or improperly procured under Section 41(7) CAMA 2020.

7. Procurement of a Common Seal is no longer a mandatory requirement
The procurement of a Common Seal is no longer a mandatory requirement according to S.98 of the new CAMA. With the amended Act, companies can now authenticate documents by other means other than a common seal. This means you don’t need to stamp seals on documents anymore. The world is digital so you don’t need the seal.

9. Reduction of Filing Fees for Registration of Charges

The total fees payable to the CAC for filing has been reduced to 0.35% of the value of the charge with a projected 65% reduction in the associated cost payable under Section 222 (12) CAMA 2020.

10. Holding of Annual General Meeting

Small companies and/or any company having a single shareholder are not mandated to hold an Annual General Meeting under Section 237(1) CAMA 2020.

11. Private company can now hold online meetings

The new CAMA provides for remote or virtual general meetings, provided that such meetings are conducted in accordance with the Articles of Association of the company by virtue of Section 240(2) CAMA 2020. This will facilitate participation at such meetings from any location within and outside the shores of the country, at minimal costs, without having to travel anywhere. Also, Section 240(1) provides that with the exception of small companies and companies having a single shareholder, all statutory and annual general meetings shall be held in Nigeria.

12. Exemption from appointing Auditors

Provision for exemption of small companies or any company having a single shareholder from appointment of auditors at the Annual General Meeting to audit their financial records under Section 402(1)(b) CAMA 2020.

13. Exemption from the appointment of company secretary

The appointment of a Company Secretary is now optional for private companies. According to S. 330 (1) of the new CAMA, the appointment of a company secretary is only mandatory for public companies.

14. Provision for electronic filing, electronic share transfer and e-meetings for private companies

The new CAMA makes provision for electronic filing, electronic share transfer and e-meetings for private companies. You can now register your business from anywhere in the country via the e-registration portal.

15. Electronic means of application and filing and electronic share transfer:

The CAMA 2020 provides for the electronic submission/filing of incorporation and other documents as well as the use of electronic signature. You can now register your business from anywhere in the country via the e-registration portal. This provision is in line with the Evidence Act and the realities of technological advancement. It also gives full effect to the current online registration regime by the CAC.

16. Admissibility of electronically filed documents

Section 860(1)(2) CAMA 2020provides for certified true copies of electronically filed documents to be admissible in evidence as same will have equal validity as the original documents.

CONCLUSION

The above provisions are some of the areas where the Act has tried to embrace technological changes in the world of business. They are major improvements in company regulation and practice and will enhance productivity and promote ease of doing business in Nigeria. These have drastically reduced the bottleneck in the registration of startup and small companies.
https://frontlinersnews.com/17-ways-by-which-small-companies-benefit-from-new-cama-2020/

1 Like

Family / Domestic Violence: Late Lawyer’s Husband, Anthony Ikpeama, Family, Speak Over He by Barristerlaw(m): 9:37am On Apr 19, 2021
*Anthony Denies Killing Wife
*Late Adaeze’s Mother, Brother Counter’s Claim

Late Lawyer’s Husband, Anthony Ikpeama has denied killing the mother of his children who was 6 months pregnant as at the time of her death.

Anthony made this rebuttal in an interview by Tvc Crime watch.

THENIGERIALAWYER recalls that cyberspace has been awash with news of the death of Adaeze Ikpeama, Esq., who was allegedly beaten to death by her husband, Anthony.

During the interview, Anthony claimed he did not kill his wife as she was the mother of his two children and was pregnant with his baby. He claimed the whole drama began when his wife complained of having pain in her stomach, so he told her to withstand the pain till the next day because there was curfew.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

According to him, his late wife could not bear the pain, so he decided to rush her to Doreen hospital which has been their hospital since they got married.

After getting to the hospital, the emergency doctor wanted to start treatment on her but he stopped the doctor because he needed to discuss with their gynecologist, who already knew her medical records. Anthony called the gynecologist, who told him’;

Anthony called the Gynaecologist and the Gynecologist told him to drop the call for him(gynecologist) to call the hospital directly. He(Gynecologist) advice them on how to proceed, while promising to come over himself, the following day.

The owner of hospital (supposed Surgon) in his presence proceeded to bring out the foetus, which was alive, he cleaned it up and told him that her uterus has been ruptured and the placenta had shifted.

This procedure resulted in severe loss of blood by his wife.

“So, the doctors brought out the baby alive, pulled out the uterus and cleaned it up and tied it back and the owner of the hospital by himself cut out the appendix, which made her lose so much blood, Anthony said.

He also said that he was informed that she had only 1pint of blood on her, whereas a normal person’s blood volume was 5 pints.

At that stage, his mother-in-law called his brother-in-law, Bob, who, on arrival, became belligerent, as he felt the hospital would not give him my wife’s status report. Hospital staff then asked him (Mr. Anthony) to control his brother-in-law’

“The staff then moved the deceased from the I.C Unit upstairs where she was to the main I.C Unit ground floor of the hospital. This necessitated disconnecting the deceased’s ventilator,” Anthony said.

He said he accompanied them while they undertook the shift, and in the process, he noticed that his wife was swooning; when he drew the attention of the medical staff to it, they asked him to excuse them, while they cleaned and re-fit the ventilator’

When asked whether there was ever a case of domestic violence in his home, he said NO.

“Never! All the time I have married my wife, I have never touched her. We had misunderstandings like husband and wife but it has never led to anybody slapping each other.” he said.

His mother-in-law, Mrs. Carol John, however, denied this, insisting that he was so physically abusive of her that she lived in constant dread of him.

This, according to her, i.e., the deceased’s mother, prompted the latter to advise her to end the marriage.’

“I have observed that. I said no, this is an abusive marriage. I interviewed her and Adaeze said she don’t want trouble, that we should give her husband time.

“With time, he will change and I said no, nobody changes. Let us leave now that is not too late.” the mother said.

This was corroborated by the deceased’s brother, Bob Manuel John, who said that a day before her death, she had confided in her that she planned to end the marriage due to her husband’s persistent physical abuse.

He added that he then left briefly, and on his return, he met the television sets on the housebroken, and on challenging Mr. Anthony about it, the latter told him to mind his business. Bob said he then strongly advised the deceased to leave the marriage, upon which she demurred, citing her pregnancy.

The deceased’s brother further said, he was present during the period of her recovery – between 6am and 7am. Unfortunately, he said, the hospital informed him that her condition had deteriorated; this prompted her being returned to the IC (Intensive Care) unit. He accompanied them there – together with the deceased’s husband.

On arrival, Mr. Anthony wondered loudly why the deceased was under a ventilator and wanted to know whether she was being treated for Covid-19. The duty nurse denied it and asked him to leave her bedside as she was recuperating. He was adamant and attempted to remove the ventilator. When the nurse tried to stop him he slapped her, pushed her away and proceeded to shake the deceased’s bed violently.

According to Bob, when he, (Bob) too, tried to intervene, Mr. Anthony pushed him away and, standing over the deceased, he started accusing her loudly of killing her foetus. This allegedly provoked the deceased’s brother, who assaulted the suspect and they went at each other for some time, until they were separated by nurses.

It was around this time that the deceased’s brother (Bob) said he noticed that she was shaking violently, with her eyes intermittently opening and closing. It was apparent that her condition her taken a turn for the worse.

When he was asked at what point, did he realise that his late sister was dead?

He opined that it was upon the violent shaking of her hospital bed by the suspect, because at that point, she started speaking incoherently and unintelligibly.

Bob went on to state that the next day, Mr Ikpeama called for the transfer of his wife to another hospital and despite his protests, Mr ikpeama claimed being her next of kin and her husband, he has the right to do that. After getting to the next hospital, they confirmed his sister’s death but someone claimed that her hands were shaking, so he suggested they take her back to Doreen Hospital.

Unfortunately, instead of doing so, the Anthony directed the vehicle to a police station. His ( Bob’s) pleas to proceed to the hospital having fallen on deaf ears, he finally confirmed by himself (according to him, ‘from the yellowish colour of her eyes), that his sister had, indeed, died.

Bob further asserted that a cousin who lived with the deceased (Adaeze) and her husband(Anthony) confirmed to him that the suspect was in the habit of physically abusing his deceased wife. This, according to Mr. Bob, was corroborated by the gatekeeper of the deceased’s house.

He said “my cousin who was living with my late sister confirmed that her husband was always beating her and he used to punch her in the stomach severally apart from that, the gateman also confirmed that his late sister’s husband has killed her.

This prompted Mr. Bob and the deceased’s mother to examine the CCTV footage in the house – only to discover that it was switched off. This heightened their suspicions as they were aware that the CCTV cameras were always switched on, as their house enjoyed virtually uninterrupted public power supply.

The police said their investigation into the incident is proceeding apace, whilst the suspect continues to plead his innocence and the deceased’s relatives insist that he is responsible for her death.
Crime / Police Arrest And Detain Lawyers For Allegedly Speaking With Suspects On Phone by Barristerlaw(m): 9:23am On Apr 16, 2021
The Nigerian Bar Association, (NBA), Orlu Branch has raised an alarm over the illegal arrest and detention of her members without full disclosure of their offence.

According to the statement signed by the PRO, B. I Onyekwere Esq., under the directives of the CLC Agbordike led exco of NBA Orlu branch, on Wednesday, 14th day of April 2021, three Orlu based law firms were invaded by policemen who claimed to be members of the IRT answerable only to the IGP. They arrested the head of chambers of the law firms as well as all the lawyers of the said firms.
On arrival at the police station, the only explanation they were given were:

“That the police team have been closely monitoring the phone line of a suspect.

“That the phone numbers of the 3 heads of the affected law firms were regularly called by the suspect’s phone line.

“That the lawyers are thus believed to have links with the suspect and are being detained pending the apprehension of the suspect.......................

Details here https://frontlinersnews.com/nba-condemns-police-arrest-of-heads-of-chambers-of-3-law-firms-for-allegedly-having-phone-call-with-suspects/

Family / My Husband & I Agreed That Another Man Should Impregnate Me — Woman Tells Court by Barristerlaw(m): 5:30pm On Apr 15, 2021
[img][/img]
Frontliners News

A woman, Toyin Dotun, has appealed to Ile Tuntun Customary Court, Mapo, Ibadan, Oyo State, to dissolve her 11-year-old marriage to her husband, Bello Dotun, on the grounds of irreconcilable differences.

Toyin stated that her relationship with her husband was devoid of intimacy.

The plaintiff explained that she was tired of covering up for her husband and pretending that all was well.

She thus pleaded that their wedlock be ended.

Bello however insisted that their union should not be dissolved.

According to him, Toyin is God-sent and his destiny helper.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

Toyin in her evidence explained, “I have endured this long in our marriage because I didn’t want the world to know that things were not going on fine between us.

“I have covered up enough and it is taking its toll on my health which is one of the reasons I came to court.

“My husband and I are just living together under the same roof but there is no relationship or intimacy between us.

“Bello carries out no responsibility towards me as his wife, but has rather been using me to meet his needs.

“I built and moved into my house 10 years ago and my husband moved in with me. My husband and I have never had sex since then.

“We lost the only child in the union at age six and I requested that we had another. To my chagrin, my husband refused that we had sex. He stated that his doctor advised him to abstain from sex because he was on treatment.

“I didn’t understand this nor believed him, but I later came across the result of a test which read that he had low sperm count.

“I sought the help of some medical doctors and they fixed appointments with my husband at different times but he refused to honour these appointments.

“We both agreed that I had an affair with another man who would impregnate me. Our plan was to raise the child as that of my husband and cover up for his inadequacy.

“My lord, my husband failed to show me and our child any love or affection while he is in the habit of disgracing and humiliating me in the public.

“Any time we had a disagreement, he would threaten to take the child away from me.

“My lord, I’m fed up with our relationship. I pray that you separate us, “the plaintiff said.

Bello giving his testimony said, “My lord, I refuse that our marriage be dissolved. My wife is God-sent. She is my destiny helper.

“Our marriage is blessed with two children, but we lost one.

“It is true that the doctor told me I have low sperm count, but she never told me our child is not mine.

“Toyin lied that I refused to have sex with her. She is in the habit of closing her door against me. She accused me of wanting to have sex with her through diabolic means when I once forced myself into her room.

“Toyin and I both take care of this child while I do that which is within my capacity in fending for the home. But to be sincere, my wife bears the brunt the responsibility.

“My wife and other family members prevailed on me to move in with her in her house, it was never in my plan,” he concluded.

Giving his judgment, the court president, Chief Olasunkanmi Agbaje stated that more evidence was needed
https://frontlinersnews.com/my-husband-i-agreed-that-another-man-should-impregnate-me-woman-tells-court/

Business / CAC Encourages Companies To Apply For Creation Of Entity Electronic Account by Barristerlaw(m): 5:22pm On Apr 15, 2021
[img][/img]
Frontliners News

The general public is hereby informed that Companies, Business Names, and Incorporated Trustees may now apply to the Commission for the creation of Electronic Accounts for their Entities. The Accounts would allow the Entities to submit documents and statutory returns to the Commission by electronic means. An Entity’s Electronic Account shall be administered by an officer of the Entity (“the Authorised Officer”) designated by the majority of the Directors/Partners/Trustees on that behalf and in accordance with section 101 of the Companies and Allied Matters Act 2020 (CAMA). Any information, document, or return submitted through an Entity’s Electronic Account shall be deemed duly authenticated.

To download the Application Form (FORM CAC-MISC 03), go here , Duly completed Application Forms should be forwarded to the Commission by courier. Upon creation, the notice would be sent to the Directors/Partners/Trustees by e-mail while the Electronic Account credentials would be forwarded to the Authorised Officer, also by e-mail.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Read details of : How to recover money from debtors who fail to pay back

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

Notes:

Any Director, Partner, Proprietor, Trustee, Secretary, or Officer of the Entity may be designated the Authorised Officer for the Entity.
The Authorised Officer may create Sub-Administrators for the Entity’s Electronic Account.
The Directors/Partners/Trustees may from time to time change the Authorised Officer and remove any or all of the Sub-Administrators.
Copy of any recognized and valid means of photo identification for the Authorised Officer should be attached to this application.
To subscribe for updates on the filings of a Company, Business Name or Incorporated Trustees at the Commission, click here

https://frontlinersnews.com/cac-encourages-companies-to-apply-for-creation-of-entity-electronic-account/

Jobs/Vacancies / Re: Lawyers In The House by Barristerlaw(m): 4:58pm On Apr 15, 2021
Rutherford2019:
I was suspended from my job by a federal university along with 820 others in 2017.
Since then I have been receiving credit alerts from my pension fund administrator...meaning that my salary is being paid monthly since 2017 till date.
I was recalled in February this year but I don't want to go back to the job again.
Should I go to court to reclaimed my salary and for damages? What is the possibility of me winning the case against the university?
Note..there is no case or fraud against me, I have my appointment letters, suspension letter and statement of account from my PFA.
in order to give an informed legal opinion more facts will be required. requisition will be raised as to
1 What nature of offence you were suspended for?
2. were you given fair hearing before the suspension?
3. what are the provisions of the employment policy of the university in relation to query, disciplinary committee and suspension?
4. does the employment policy provide for suspension with payment.
you will be entitled to the payment in any of these:
if your suspension is challenged and the court pronounce on it as being unlawful
or not withstanding that you are suspended, the policy make it mandatory for you to be paid.
if none of the above is the case then you can not claim what does not belong to you in the first instance. not only that the court will pronounce that you are not entitled to the salary but also make order that the amount paid as pension during that time be deducted.
Family / How To Get A Divorce In Nigeria – Filing For Divorce In Court by Barristerlaw(m): 3:01pm On Apr 13, 2021
By Rahmah Mustapha
Editor’s Note: Saheed Akinola Esq, the Managing Partner of Choiceland solicitors, in this latest article, explains the procedure for getting divorce in Nigeria.

Saheed is a legal practitioner and human right crusader. He could be contacted through +2348032493960, lagoslawgurus@gmail,com

Divorce is clearly not a pleasant subject to discuss, considering its effect on both parties and the children of the union and a person in a marriage would always be urged to find a way of reconciling their differences. However, it is important for any person seeking to divorce to be fully acquainted with the process.

When it is clear that the boat of a marriage has hit the rock, it is important to take the necessary legal steps to formally terminate the relationship

There are two ways to legally end a marriage—annulment and divorce.

Read also: Seven Things You Must Do Before Getting a Divorce in Nigeria

Read also Steps to recover your money after being Scammed-Daily legal tips 002 by barrister Saheed Akinola

Difference between annulment and divorce

The main difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid.

A decree of nullity is a declaration by a court that your marriage never existed in the eyes of the law. It means that no valid marriage exists between you and your partner.

A divorce ends a legal marriage and declares the spouses to be single again. It is sought when the parties acknowledge that the marriage existed

However, annulment is a legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. What it means is that the marriage is void ab-initio. This is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place.

Read details of : How to recover money from debtors who fail to pay back

Ground for divorce

There is only one ground for obtaining a decree of divorce and that is that your marriage has irretrievably broken down.

In order to prove that a marriage has irretrievably broken down proof of one or more of eight facts stated in section 15 (2) (a) (h) of the Act, They are as follows:

a. that the respondent has persistently and willfully refused to consummate the marriage;

b. that since the marriage the Respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

c. that since the marriage the respondent has behaved in such a manner that the petitioner can’t reasonably be expected to live with the respondent;

d. that the respondent has deserted the petitioner for a constant period of at least one year immediately preceding the presentation of the petition;

e. that the parties to the marriage have lived apart for a constant period of a minimum of 2 years immediately preceding the presentation of the respondent as well as the petition doesn’t object to a decree being granted;

f. that the parties to the marriage have lived apart for a constant period of a minimum of 3 years immediately preceding the presentation of the petition;

g. that the other party to the marriage has, for a period of not less than one year failed to comply with a decree or perhaps restitution of conjugal rights made under that Act;

h. that the other party to the marriage has been absent from the petitioner for time that is such and in circumstances that are such as to provide good grounds for presuming that he or perhaps she’s dead.

how prospective land investors/buyers can discover that a landed property is under government acquisition to avoid land scam.

Divorce Process
Every matrimonial cause or divorce process in Nigeria shall be commenced by Petition – Section 54(1) MCA. The petitioner commences or institutes matrimonial proceedings by a PETITION. The Respondent can also file an answer to the petition. And the Petitioner may also file a reply to the answer.
The Respondent can also cross-petition-which is in the form of another petition. Then Trial may commence.

In conclusion, a statutory marriage divorce process is a serious court proceeding in Nigeria, which requires parties to retain the services of a legal practitioners. In order for a suit of dissolution of marriage to be successful in Nigeria, the Petitioner must have brought his or her petition in line with the grounds stated under the Matrimonial Causes Act and must satisfy the various requirements of the law.


The content of this article is intended to provide a general guide on Divorce procedure in Nigeria. Your lawyer’s advice should be sought about your specific circumstances.
https://frontlinersnews.com/how-to-get-a-divorce-in-nigeria-filing-for-divorce-in-court/

Family / Things You Must Do Before Getting A Divorce In Nigeria by Barristerlaw(m): 1:07pm On Apr 10, 2021
Barrister Saheed Akinola +2348032493060

Divorce is obviously not a very pleasant subject to discuss, considering its effect on both parties and the children of the union and a person in a marriage would always be urged to exercise greater restraint.

However, there could be a situation that may make a union be difficult. Such situations may include chronic domestic violence and assault, which could lead to injury or death.

Once all options to make your marriage work have been explored and you could not be reconciled and you have resolved and made up your mind to get divorce, here are the steps you should take.

1. There must be a Plan where you are going to live. If you want court to grant you custody of the children of the marriage, one of the facts you will have to establish in court is where you will live with them.

2. Divorce proceedings costs money from filing till when the dissolution is granted by the court. You will equally need some money to take care of the children after the children if you are given their custody

Read details of : How to recover money from debtors who fail to pay back

3. Part of what the court will consider to grant any of the parties custody of the children, is the kind of job you are doing and how much is your income. This is to determine your capability and capacity in taking care of the children. If you don’t have a job you have to get one to be able to convince the court that you have the wherewithal to take care of their welfare.

4. You should start keeping record of your expenses with receipt some months before the filing the petition. This will useful if you are claiming maintenance from the other party. You can use this facts to claim alimony especially if your spouse is the one who prevented you from working.

5. Make copies of all important documentation like marriage certificates, children’s birth certificates. Any properties you own together that you believe you have a substantial claim or interest in

6. If your marriage falls under statutory marriage you should get a lawyer that will file your petition for divorce at High court in Nigeria.

7. For you to claim maintenance or even division of property you will have to establish facts with evidence of your spouse’s income and assets. This will include salary slips, bank statements, property deeds etc. Make sure you get copies of all these things if they are available.

It is better to strive towards resolving the differences between you and your spouse before you approach a lawyer. Divorce is the last option where alternative resolution and reconciliation have failed. Where the marriage has totally broken down irretrievably the court will dissolve the marriage. Read more on divorce: https://frontlinersnews.com/things-you-must-do-before-getting-a-divorce-in-nigeria/

Business / Re: Tactics For Investors Who Want More Conversions For Their Real Estate Business by Barristerlaw(m): 3:30pm On Apr 09, 2021
I suppose this is not meant for property in Nigeria
Business / How To Recover Money From Debtors Who Fail To Pay Back by Barristerlaw(m): 12:51pm On Apr 09, 2021
Barrister Saheed Akinola

This write-up intends to sensitise investors, companies and individual on how to recover debts owed by debtors who default in paying back at the agreed time.

If you are an investor, there may be a time when the company you invested in fails or refuses to pay the agreed profit/dividend and in some instances fails to pay the capital when it is demanded.

This article will also benefit those who have lent money to friend and family members, but they refuse/neglect/fail to pay the money back.

No matter how frustrated you might be, please dare not take law into your hands- you should not resort to self-help. Threatening debtors physically or by sending threat messages to them may backfire and prevent you from getting back your money. Follow the steps in this write-up and you will definitely get the desired results.

Nature of agreement between the parties

If you have a written agreement, then you are advised to follow the laid down procedure for recovery of debt or demand for your invested capital. A well drafted agreement will contain clause(s) that will detail the modus of recovering debt or invested capital.

Where there is no written agreement (i.e oral) or the agreement does not contain debt recovery procedure, then the first step you should take is to write a letter of demand.

Letter of Demand

The letter of demand should state the following:

The parties to the transaction
The history of the debt
How much is owed
When the money should be paid
The legal action you intend to take and that it is a final chance to make the payment.
It is better to send the letter by means whereby the acknowledgement copy will be signed by the debtor. This will lay the premise for litigation should alternative resolution fails.

If the debtor still refuses to pay after the ultimatum given in your letter of demand, the next step is to engage a lawyer who will take up the matter on your behalf.

In so many cases, a single letter from a solicitor will make a debtor pay up. Such a letter is normally ended with an outline that there is going to be legal action and talk about the statutory late payment charge.

Getting a lawyer or an arbitrator, who understands the process would go a long way. People try as much as possible to avoid law cases and should they calculate the cost of hiring their own lawyer, they naturally would think it better to pay their debt than incur more cost on a debt they surely would pay.

In some cases where alternative dispute resolution fails you will have no option than to take the debtor to court. If the debt is not in dispute, summary judgement can be got within a short period of time.
https://frontlinersnews.com/how-to-recover-money-from-debtors-who-fail-to-pay-back/
For more enquiries +2348032493960

1 Like

Politics / 2023: Tinubu Presidency Will Help Oduduwa Republic – Fani-kayode by Barristerlaw(m): 12:39pm On Apr 08, 2021
Frontliners News

Femi Fani-Kayode, former Aviation Minister has hinted on the impact of the purported presidential ambition of Bola Tinubu, National Leader of the All Progressives Congress, APC, on the agitation for Oduduwa Republic.

Fani-Kayode stressed that Tinubu’s presidency would not stop the agitation for Oduduwa Republic.

He maintained that Tinubu’s presidency would help actualise Oduduwa Republic.

In a tweet, the former minister wrote: “The agitation for Oduduwa Republic cannot be deterred or dissuaded by a Tinubu Presidency.

“As a matter of fact a Tinubu Presidency will only further strengthen the resolve of the separatists.

“This is because no-one is more hated by the Yoruba nationalists than Bola Ahmed Tinubu.”

Tinubu has been so much linked to 2023 presidential ambition.

But despite the claims across the country, the former Lagos State governor has not declared his intention to run for the presidency in 2023.
https://frontlinersnews.com/2023-tinubu-presidency-will-help-oduduwa-republic-fani-kayode/
Health / UK Panel Urges Alternatives To Astrazeneca Jab For Under-30s by Barristerlaw(m): 8:19am On Apr 08, 2021
Frontliners News

A British government committee advising on coronavirus vaccinations said Wednesday most people under 30 should be offered an alternative to the AstraZeneca jab if possible, due to concerns over blood clots.

“Adults who are aged 18 to 29 years old who do not have an underlying health condition… should be offered an alternative Covid-19 vaccine in preference to the AstraZeneca vaccine, where such an alternative vaccine is available,” Wei Shen Lim of the Joint Committee on Vaccination and Immunisation, said at a press conference.

https://frontlinersnews.com/imo-attack-meant-to-destabilise-buharis-govt-uzodinma/
Politics / Ngige Tackles Resident Doctors As NARD Says Strike Continues by Barristerlaw(m): 8:13am On Apr 08, 2021
Frontliners News

THE Minister of Labour and Employment, Senator Chris Ngige, on Thursday said the Federal Government had so far implemented four out of the items listed on the Memorandum of Action it signed with the leadership of the striking National Association of Resident Doctors in a fresh talk with a view to ending the ongoing strike.

Ngige described others that were still pending as work in progress.

The minister disclosed this in telephone interview with our correspondent while highlighting efforts being made to end the strike which is entering its second week.

Recall that the NARD, an association of doctors undergoing residency training, had last Thursday commenced what it called “a total and indefinite strike” despite government’s last-minute efforts to stop the action.

The minister had threatened that if the strike continued, the government would look at all labour laws and consider the options available to it, including that which empowered employers to protect their enterprise.

But in the interview on Thursday, Ngige, who said no fresh meeting had been scheduled yet with the leadership of NARD, mentioned the payment of house officers as part of efforts so far made to meet the striking resident doctors’ demands.

The minister said, “The Ministry of Health and the Medical and Dental Council of Nigeria reported to me that the list they sent to the Accountant-General had been fully treated, that the house officers had received their money.

“I cross-checked with two centres in Abakaliki and one other state and they confirmed that they had been paid. They also told me that the central portal system for the recruitment of house officers is already open and is on. People make their choice and they post them there.

“We are implementing the Memorandum of Action one after the other; we have implemented at least four of them categorically. Others are work in progress.”

The minister cited the issue of hazard allowance as part of the work in progress, saying it was not possible for the government to deliver on new hazard allowance immediately.

He disclosed that the Federal Government had already paid N4bn residency allowance for last year, adding that it is impossible to pay for this year since no money had been released to any ministry from the 2021 budget.

Ngige added, “We are executing them but some are work in progress. If you say we should pay you residency training fund for 2021, nobody can pay you because the 2021 budget has not been released to ministries, not a penny has been released on it. So, how do we pay? It is not possible. We are still implementing 2020 budget up till end of May.

“But they have collected their 2020 residency allowance in December last year. It was N4bn, they have been paid; they submitted a list, and the money was paid on the list they submitted.

“They are only turning back to say that 570 of the people are not NARD members, and the Accountant-General Office told them that they were the ones that submitted the list. That is the only snag with that of 2020, otherwise, the N4bn has been paid to them.”

Doctors slam Ngige, continue strike

Meanwhile, the National Association of Resident Doctors has berated the Minister of Labour and Employment, Dr. Chris Ngige, for allegedly telling lies about the ongoing strike.

This is contained in a communique issued at the end of a virtual extraordinary National Executive Council meeting of NARD on Wednesday.

The association said it was ironic that Ngige, who received stupendous allowances while serving as a senator, could justify government’s refusal to increase the hazard allowances of doctors, which remained N5,000 for the last 30 years.

It said about 10 demands had not yet been met.

“The hazard allowances have remained N5,000 for over 30 years. For the Minister of Labour and Employment to feign ignorance of this on national television today leaves a lot to be desired.

“This is an all time low coming from someone who has been in the Nigerian Senate where monthly hardship allowance for senators is N1,​242,122.70,” NARD said in the communique.

The association added that contrary to claims by Ngige that the doctors failed to give ample notice before embarking on strike, a two-month ultimatum was given by the doctors.

It also noted that the Memorandum of Action signed was after 12am on March 31, 2021 when the ultimatum had elapsed.

https://frontlinersnews.com/ngige-tackles-resident-doctors-as-nard-says-strike-continues/
Religion / COVID-19: It’s Foolishness To Have Faith When God Has Provided Vaccine, Says Igh by Barristerlaw(m): 12:32pm On Apr 07, 2021
Frontliners News

The Senior Pastor of Trinity House, Ituah Ighodalo, has criticised those who rely on faith to protect them from an infection he claims God has already provided a vaccine for.

This is as some clergymen in Nigeria have tabled arguments against the vaccines developed for the treatment of COVID-19.

The PUNCH reported that Pastor Chris Oyakhilome of Christ Embassy slammed fellow pastors for advising their congregation to take a jab of the COVID-19 vaccine.

According to him, they have ignored God the healer, turned from being ministers of the gospel and are now ministers of the vaccine.

The General Overseer of the Omega Fire Ministries International, Apostle Johnson Suleman, recently expressed a lack of confidence in the vaccine.

The clergyman stated that he and his family will not take the vaccine, adding that it is not healthy.

However, Ighodalo who spoke to ARISE TV advised his fellow pastors “to do their research, get the knowledge and stop misinforming and improperly educating people on guesswork, instincts and mere suppositions.”

He said that he has taken a jab of the vaccine as directed by God after he prayed to Him about it.

Ighodalo said, “It is foolishness to keep having faith that God will protect you from an infection he has made provision for vaccines that can provide a high percentage of protection.”

He continued, “I have taken the jab. I prayed about it, and I got a clear direction from God to go and receive it, and I have explained to my people in church that God provides knowledge. I will like to appeal to my brother pastors to do their research, get the knowledge and stop misinforming and improperly educating people on guesswork, instincts and mere suppositions. Coronavirus is real, and you need the vaccination.

“The Bible says my people are destroyed for lack of knowledge.”

He said that there is a need to correct the wrong notion that people have about the vaccine by showing them that it doesn’t tally with science.

“Some people think the COVID-19 vaccine is a deliberate effort to wipe out the human population.

“We need to address the fears and prove it is not so. Other persons think it is the sign of the anti-christ (666) and we need to prove this is not also true.

“Other people believe the vaccines have long term effect and if you take it today, in 20 years’ time, it would affect them. We also need to address such fears and prove scientifically this is not so,” he said.

“The problem is a lot of these questions about the vaccine are not being properly addressed and there is too much rumour flying all over the place. Some churches believe in divine health but if they study further, they would also know that God provided knowledge for healing,” Ighodalo added.

https://frontlinersnews.com/covid-19-saudi-to-allow-only-immunised-pilgrims-to-mecca/
Religion / COVID-19: Saudi To Allow Only ‘immunised’ Pilgrims To Mecca by Barristerlaw(m): 12:06pm On Apr 07, 2021
Frontliners News

Saudi authorities said Monday only people immunised against Covid-19 will be allowed to perform the year-round umrah pilgrimage from the start of Ramadan, the holy fasting month for Muslims.

The hajj and umrah ministry said in a statement that three categories of people would be considered “immunised” — those who have received two doses of the vaccine, those administered a single dose at least 14 days prior, and people who have recovered from the infection.

Only those people will be eligible for permits to perform umrah, as well as to attend prayers in the Grand Mosque in the holy city of Mecca.

It added that the condition also applies for entry into the Prophet’s Mosque in the holy city of Medina.
https://frontlinersnews.com/covid-19-saudi-to-allow-only-immunised-pilgrims-to-mecca/

The ministry said the policy starts with Ramadan, which is due to begin later this month, but it was unclear how long it would last.

It was also not clear whether the policy, which comes amid an uptick in coronavirus infections in the kingdom, would be extended to the annual hajj pilgrimage later this year.

Saudi Arabia has reported more than 393,000 coronavirus infections and 6,700 deaths from Covid-19.

The kingdom’s health ministry said it has administered more than five million coronavirus vaccines, in a country with a population of over 34 million.

Last month, King Salman replaced the hajj minister, months after the kingdom hosted the smallest hajj in modern history due to the pandemic.

Mohammad Benten was relieved from his post and replaced by Essam bin Saeed, according to a royal decree published by official Saudi Press Agency (SPA).

The kingdom hosted the hajj in late July last year.

Only 10,000 Muslim residents of Saudi Arabia itself were allowed to take part, a far cry from the 2.5 million Muslims from around the world who participated in 2019.

It is unclear how many pilgrims will be allowed for hajj this year.

According to the pro-government Okaz newspaper, only vaccinated pilgrims will likely be permitted this year.

In a relaxation of coronavirus curbs last October, Saudi Arabia opened the Grand Mosque for prayers for the first time in seven months and partially resumed the umrah pilgrimage.

The umrah usually attracts millions of Muslims from across the globe each year.

Authorities said the umrah will be allowed to return to full capacity once the threat of the pandemic has abated.

AFP
Religion / Islam: How Children Can Honour Their Parents by Barristerlaw(m): 11:35am On Apr 07, 2021
Frontliners News

Praise be to Allaah.

The rights of parents over their children may be summed up as treating them well in all matters, and behaving with them kindly as Allaah says (interpretation of the meaning):

“And We have enjoined on man to be dutiful and kind to his parents”

[al-Ahqaaf 46:15]

“And We have enjoined on man to be dutiful and kind to his parents”

[al-‘Ankaboot 29:8]

“but behave with them in the world kindly”

[Luqmaan 31:15]

Shaykh al-Sa’di (may Allaah have mercy on him) said: “be dutiful and kind to parents” means: treat them kindly in all ways, in word and in deed.

Tafseer al-Sa’di, p. 524.

One of the most important acts of worship that the child is asked to do with regard to his parents is to obey them, to do as they ask and to refrain from what they tell him not to do. So if his father tells him to do something, he hastens to do what he is told, and if he tells him not to do something, he hastens to give it up, so long as that does not involve any disobedience towards Allaah and his Messenger, because there is no obedience to any created being if itinvolves disobedience towards the Creator.

Then he can make du’aa’ for them and pray for forgiveness for them, especially when they grow old and weak and are in need of someone to treat them kindly and take care of their needs. Allaah says (interpretation of the meaning):

“And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honour.

24. And lower unto them the wing of submission and humility through mercy, and say: ‘My Lord! Bestow on them Your Mercy as they did bring me up when I was young’”

[al-Isra’ 17:23-24]

Allaah has given examples in His Book of kind treatment of parents. Allaah says of His slave Yahya ibn Zakariyya:

“(It was said to his son): ‘O Yahya (John)! Hold fast the Scripture [the Tawraat (Torah)].’ And We gave him wisdom while yet a child.

13. And (made him) sympathetic to men as a mercy (or a grant) from Us, and pure from sins [i.e. Yahya (John)] and he was righteous,

14. And dutiful towards his parents, and he was neither arrogant nor disobedient (to Allaah or to his parents).

15. And Salaam (peace) be on him the day he was born, and the day he dies, and the day he will be raised up to life (again)!”

[Maryam 19:12-15]

Ibn Jareer al-Tabari (may Allaah have mercy on him) said: Here Allaah says: “And dutiful towards his parents” meaning that he was quick to obey them, loving towards them, and not disobedient.

“and he was neither arrogant nor disobedient” – here Allaah tells us that he was not too proud to obey Allaah or his parents, rather he was humble and submissive towards Allaah and his parents, doing what he was commanded to and avoiding what was forbidden to him; he neither disobeyed his Lord nor his parents.

Tafseer al-Tabari, 16/58

And Allaah said of His slave ‘Eesa ibn Maryam (interpretation of the meaning):

“He [‘Eesa (Jesus)] said: ‘Verily, I am a slave of Allaah, He has given me the Scripture and made me a Prophet;

31. And He has made me blessed wheresoever I be, and has enjoined on me Salaah (prayer), and Zakaah, as long as I live.”

32. And dutiful to my mother, and made me not arrogant, unblest’”

[Maryam 19:30-32]

Ibn Katheer (may Allaah have mercy on him) said: The words “And dutiful to my mother” mean: and He has commanded me to be dutiful to my mother. This is mentioned after obedience to his Lord, because Allaah often mentions the command to worship him and to be dutiful to one’s parents together, as in the verses where He says (interpretation of the meaning):

“And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents”

[al-Isra’ 17:23]

“give thanks to Me and to your parents. Unto Me is the final destination”

[Luqmaan 31:14]

And the words “and made me not arrogant, unblest’” mean, He has not made me arrogant and too proud to worship and obey Him and to honour my mother, and thus be doomed as a result of that.

Tafseer Ibn Katheer, 3/121

As for after the parents have died, the child can do many things, such as the following:

1 – If he has wealth, and his parents were in debt, he can discharge their duty by paying off the debt for them.

2 – If he has wealth and his parents had not performed Hajj, he may perform Hajj on their behalf, or pay for someone else to perform Hajj on their behalf.

3 – He may pray for forgiveness for them and pray for mercy for them. Allaah says (interpretation of the meaning):

“and say: ‘My Lord! Bestow on them Your Mercy as they did bring me up when I was young’”

[al-Isra’ 17:24]

Shaykh Ibn Sa’di (may Allaah have mercy on him) said: this means, pray for mercy for them, when they are alive and after they die.

Tafseer al-Sa’di, p. 524

It was narrated from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “A man may be raised in status in Paradise and will say, Where did this come from? And it will be said: From your son’s praying for forgiveness for you.” Narrated by Ibn Maajah, 3660; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 1617. This applies if the child has reached the age of discernment and is able to earn money. But if the child is young and does not yet understand things, then these words do not apply in his case.

An example of how the righteous salaf honoured their parents is that of ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him):

It was narrated from ‘Abd-Allaah ibn Dinaar from ‘Abd-Allaah ibn ‘Umar that a man from among the Bedouins met him on the road to Makkah. ‘Abd-Allaah greeted him with salaam, seated him on the donkey that he was riding and gave him a turban that he had been wearing on his head. Ibn Dinar said: We said to him: May Allaah guide you, they are just Bedouins and they would be content with little. ‘Abd-Allaah said: The father of this man was a friend of ‘Umar ibn al-Khattaab and I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “The best act of kindness is for the son to uphold ties (of friendship) with those who were his father’s friends.” Narrated by Muslim, 2552.

According to another report narrated by Ibn ‘Umar: when he went out to Makkah, he had a donkey which he would ride when he got tired of riding his camel, and a turban which he tied around his head. One day whilst he was riding that donkey, a Bedouin passed by him. He said: Are you not So and so, the son of So and so? He said: Yes. He gave him the donkey that he was riding and said: Ride it. And he gave him the turban that he had been wearing on his head, and he said: Tie it around your head. Some of his companions said: May Allaah forgive you, you have given this Bedouin a donkey that you used to ride when you got tired of riding your camel and a turban that you used to wear on your head. He said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “The best act of kind of kindness is for a man to honour his father’s friend after he has died,” and (this man’s) father was a friend of ‘Umar.

Abu Hurayrah was appointed in charge of Madeenah by Marwaan. He lived in Dhu’l-Hulayfah (approximately ten kilometers from Madeenah) and his mother lived in one house and he lived in another. When he wanted to go out he would stand at her door, and say: Peace be upon you, O my mother, and the mercy of Allaah and His blessings. And she would say: And upon you, O my son, and the mercy of Allaah and His blessings. And he would say: May Allaah have mercy on you, as you brought me up when I was young. And she would say: May Allaah have mercy on you as you took care of me when I grew old. Then when he wanted to come in, he would do likewise.

https://frontlinersnews.com/islam-how-children-can-honour-their-parents/
Nairaland / General / Odumakin Recovered From COVID A Week To His Death, Says Wife by Barristerlaw(m): 1:10pm On Apr 03, 2021
Frontliners news

Dr Joe Odumakin, wife of the late human rights activist and spokesman of Afenifere, has said her husband recovered from coronavirus before he died.

Daily Trust had reported how Yinka Odumakin died at the Intensive Care Unit of the Lagos State University Teaching Hospital (LASUTH) on Saturday morning.

In a statement, the widow expressed how painful it is for her to lose her husband.

“With gratitude to the Supreme Being for a life well spent, I announce the passing on of my beloved husband, Comrade Yinka Odumakin to the great beyond after a brief illness.

“The sad event happened this morning (Saturday, 3/4/2021) at the intensive care unit of LASUTH where he was being managed for respiratory issues due to complications from COVID-19 which he had recovered from about a week ago.

“I appreciate the outpouring of grief and sympathy from home and abroad as I mourn my irreplaceable soulmate. I urge us all to remain steadfast in the cause of the masses to which he dedicated his life.

“Burial arrangement will be made public in due course.”

https://frontlinersnews.com/odumakin-recovered-from-covid-a-week-to-his-death-says-wife/
Nairaland / General / Is ‘prank’ A Justification For Spreading Fake News? by Barristerlaw(m): 10:53pm On Apr 02, 2021
Saheed Akinola esq

The prominence of social media comes with a lot of user-generated content being posted on various online platforms. For this, there seems to be an unclear and thin line between what is real or not and what was intended to be malicious or not.

Someone that is familiar with world of social media, especially Twitter, facebook, Linkedin and Instagram, would have come across a lot of fake news being peddled around but covered up as pranks when they are confronted with the truth. Hence, this question arises — Is the excuse of “It’s just a prank” a justification for spreading fake news and enough defence against a defamation suit in the court of law?

The fact that social media makes sharing and publication of information very easy cannot be denied by any rightful thinking person. This is part of freedom of expression as enshrined in the constitution. However, there are limits to every human right-where your right ends, others begin.

The trend now is that many social medial users and bloggers make it their habits, with impunity, to cross the line between their right to express themselves freely and their duty no to harm others or their reputation and names.

Defamation can be defined as the act of injuring a person’s character, fame or reputation by false and malicious statements. Defamation can either be libel (written defamation) or slander (oral defamation).

To determine whether a tweet or post is defamatory in form and substance, it has to be shown that the news is a lie; there has to be actual harm to the person’s reputation, and there must be evidence of the post.

In the eyes of the law, prank that is injurious to someone’s character will be viewed as a defamation. Therefore it is advisable for everyone when dealing with issue of prank because ignorance is not an excuse in law. It is also our candid advice that every fact should be crosschecked before posting it online or rebroadcasting it. For more law tips check

https://frontlinersnews.com/is-prank-a-justification-for-spreading-fake-news/

Nairaland / General / Steps To Recover Your Money After Being Scammed-daily Legal Tips 002 By Barriste by Barristerlaw(m): 8:09pm On Mar 31, 2021
[img][/img]
FRONTLINERS NEWS

Online business in Nigeria is growing geometrically every day and most transactions nowadays take place online. Because of this, Nigerian online scammers are taking advantage of people’s trust to swindle them of their money.

It’s very painful when you discover that the person or company, you’re transacting with is not whom they claimed to be.

Many people who had been scammed while trying to purchase something online, at first got confused and wondered how they could get back their money

This is a terrible situation nobody will ever pray for but once it happens the next line of action is to think about how to get your money back.

These are some of the ways by which you can follow to get your money back:

Send a mail to your bank’s E-fraud team as well as the scammer’s bank.

All banks now have an e-fraud team who now respond swiftly to any distress emails or calls. You can get your bank’s e-fraud email address or number by visiting the official website of your bank.

Doing this, makes it easier for banks to be aware of what is happening and they will direct you on steps or things to do to recover your money. They can further help you place the scammer’s account on a ban for less than 24 hours after evidence has been sent to them, before getting an expert order from the court

Report this incident to any Police Station of your choice.

Let your lawyer file an expert for Court Order. Without Court order, The Bank will not release the data of whoever scammed you. But with Court Order, they don’t have option rather than to comply. Some of the information that the bank will be mandated to release are: Photo of the Account Owner, Address of the Account Owner, Phone number and Guarantor.

With these pieces of information the Police can trace the scammer and get him arrested

However where he runs away the police or EFCC can track the scammer by getting his exact location thereby making it easier for the fraudster to be arrested. This will be done through the scammer’s contact details.

Get more daily legal tips on https://frontlinersnews.com/steps-to-recover-your-money-after-being-scammed-daily-legal-tips-002-by-barrister-saheed-akinola/

(1) (2) (3) (4) (5) (of 5 pages)

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 225
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.