₦airaland Forum

dollytino4real:
how much and wat are the requirement for cac

Pls send a mail: infoitooknow@gmail.com or you call 08128357041

Every Business operating in Nigeria; be it a start up, a tech company, an agriculture business, a grocery store, a commercial business or a real estate company is expected and mandated to be registered with the Corporate Affairs Commission (CAC).

When we talk about businesses; Sole proprietorships is inclusive, so also partnerships, so also companies (be it private limited liability company or public company).

Also Non Governmental Organizations (NGOs) like Foundations, Charity Organizations, Social organizations etc are also expected to be registered with the Corporate Affairs commission.

Benefits of registering your businesses, Companies or NGOs with the Corporate Affairs Commission (CAC) can not be over emphasized; some of the enormous benefits include:

~Compliance with the law: You comply with the law when your business, company or NGO is registered with the corporate affairs commission hence you won’t be regarded as a law breaker.
~Legal Status: Your business or company or NGO acquires a legal status, legal personality in law when it’s registered with the CAC.
~Opening of Bank Account: It is only when your business or company is registered that you can open a bank account for the business as one of the requirement when opening a company account or business account is the provision of certificate of incorporation.
~Business Credibility: Customers or investors will be more comfortable and keen dealing with you when the business or company is registered.
~Contract Execution: It is only when your business or company is registered that you are permitted to bid for contracts and execute them.
~Access to Loans/ Grants: Having your business, company or NGO registered is one of the prerequisite for applying and getting loans and grants.
~Name Reservation: When you register your business, company or NGO with the name it’s already been known with you save the name from been used by other people.

Stan Alieke, Esq.
Lead Attorney,
Stanley Alieke & Co.
Email: infoitooknow@gmail.com

HenryWilliams:
i like your write-up especially the part where the officers would be known right up to their families and households. no reasonable officer would like to get reported back to their fathers and grandfathers that their son is collecting bribe at the junction.
STATE POLICE IS NEEDED.

It’s a pleasure.

oghini:
Well said

Thank you.

The Governor Sanwolu humiliation by a Csp; the reminder for state policing system.

by Stan Alieke, Esq.
State/ regional/ provincial/ community policing system is a type of sub-national territorial police force found in nations operating the federal system of government in practice whereby the regional or state government are also in control of the police force and not just the federal government. This is typically what is obtained in countries in North America, South Asia etc.

This argument for state policing has lingered for decades in Nigeria and it has been a roller coaster for both the protagonists and the antagonists of the state policing systems as each side of the didvide tends to have valid points to support their stand.

The state policing system is currently made impossible unless the constitution is amended to accommodate that as the Nigeria Police force is provided for on the exclusive legislative list of the Constitution of the Federal Republic of Nigeria, 1999. This implies that it is the federal government that are in charge of the police force. The force is directly under the command of the IGP who is an appointee of the President of the Federal Republic. This means that all police officers in the country directly or indirectly report to IGP who then reports to the Mr. President who is the grand commander of the force.

This federal system of policing as provided by the constitution encores that the regional governments; the state and the local government has no control over the police and this should clear your amazement why a chief inspector of police can stand his ground and flaunt the orders of the governor of a state who is the chief security officer of the state; the reason is simple, the police officer is not under the state government and does not report to the state government, he takes order and reports directly to the federal.

For us to understand why the Nigeria police force is the way it is, we would cast our mind to the colonial times when it was first established by the colonial masters. Of a truth, the Nigeria Police Force started as a body to meet the colonial masters needs. History holds it that the force was established as guards to enforce colonial orders on the citizens of Nigeria, surmount insubordination from citizens, collects taxes for the colonials masters and if the citizens resists or riots, they quell riots and protect the colonial masters. They were empowered to use any force necessary in carrying out these duties, hence the word “force” on their name. Historians and analysts tends to link this to the current behaviors of an average police man. He thinks he’s a police man just to protect the government against the citizens and use any force necessary in discharge of that duty, little did he know that according to s.4 of the police act which provides for the general duties of the police, he’s a police man for the protection of the citizens.

Why Nigeria really need state/community policing system:

Everyone (even those in the other side of the argument) will rationally agree that state/community policing system will curb the insecurity challenges currently staring Nigeria in the face. A Niger state born police man who grew up in the state knows the terrain, the environment very well and in most case knows the bad area boys who have metamorphosed into the criminals and bandits and if deployed to the state as a police man definitely knows how to employ his initiatives, knows how to work with the locals in fishing out those wrecking havoc in the state. Same also, a Nnewi man who’s is an indigene of the community deployed to that community as a police man will be more useful in curbing insecurities in the community morethan a Kwale man that’s deployed from the federal to the community as a security agent. A criminal will think twice before shooting a police man that speaks thesame language with him and grew up in the same community together, chances are that they know themselves. A Kanuri bandit will tend to listen more to a Kanuri police man who speaks his local dialect with him due to sentimental reasons rather than an Omo Yoruba or an Iyamuri (as they call Igbo folks) who is just deployed to the state from the federal. State Police will no doubt help confine criminal activities to their areas of origin and trash it out from there.

Furthermore, state policing will solve the youth unemployment rate by atleast 70%. When states employ capable youths, give them proper training and assimilate them into the state security agencies, jobs have been created and this will boast the economy of the state.

State policing system will also cut down the bureaucratic bottle neck that are currently in existence in the force. For example, during the Gov. Jide Sanwolu and the Csp Magodo face off, the Csp categorically stated that he was deployed to the estate on the order of the IGP through the AGF and can only disengage at the instructions of his boss, the IGP who he reports directly to. The bureaucracy of reporting directly to the federal slows down decision making process and has its own effect on governance and policy making. The magodo squabble between the Mr. Governor and the Csp took more time to get resolved due to the fact that the Governor does not have the power to issue order directly to the police officers to disengage, rather he has to call the federal to get clearance to instruct the men to stand down.
The above point spins over to the point of the state policing will cure the constant friction between the policemen and the state government. There are a lot of states in Nigeria where the commissioner of police don’t see eye to eye with the Governor of the state and this causes a lot of frictions and security breach. When there are two captains in a ship the struggle of who is in charge or ought to be incharge will wreck havoc to the ship.

State policing will also whittle down the extravagant corruption going on in the agency. The corruption of road block and extortion of motorist will stop. A disguised thief will not want to steal in community where everyone knows him. A state policeman would no want to exert corruption in his community where he’s known by everyone; every body knows the Police officer up to his family and kindred.

Also, the police officers will work more with passion with the belief that they are protecting the lives and properties of his brethren and kinsmen. The way a family member will protect and safeguard his family even without pay will definitely be different from the way a stranger who is even paid will protect the folks.

These and many more are some of the reasons why the Nigerian government should consider the state/community policing system. We are however not ignorant of the fact that the system has its demerits but putting it in the measurement scale, the merits weighs high and above the demerits hence the reason for advocating for its adoption.

Stan Alieke, Esq.
Lead counsel,
Stanley Alieke & Co.
Infoitooknow@gmail.com

I guess this is a question that only the Lagos state government and the police of the Lagos state command have an answer to. I don’t want to believe that the Nigerian factor happened to the autopsy report.

FBIBOT:
How come the 2 autopsy reports are different? Let's just stay safe cos who die don die

You are not totally correct but I get how you feel. I’m also pained by how the case turned out.


quote author=Ammishaddai post=109182416]In Nigeria, lawlessness and corruption can be found in every sphere of life. And this is one of the primary reasons why we have a very messed up society that is run by psychopaths and every kind of misfits that can be imagined.

If this thing happened in saner climes ,this case would not have been flushed down the toilet with poor investigations and weak forensic conclusions. But what can we say , other than this is Nigeria, and we should not expect to get justice in it .[/quote]

Those accused of Silvester Oromoni Jr’s Murder have been exonerated.

By Stan Alieke, Esq.

Recall that we reported that according to autopsy report, it was medically certified that Junior died as a result of chemical intoxication hence corroborating the family’s allegation that their son was poisoned by his colleagues for his refusal to join their gang.

According to the first autopsy which was carried out by a consultant pathologist at the Central Hospital Warri, Clement Vhriterhire, the result revealed that Sylvester died of “acute lung injury due to chemical intoxication in a background of blunt force trauma.”

Subsequently, another autopsy was conducted by the Lagos State University Teaching Hospital (LASUTH) and the result revealed that Junior died of Septicaemia, lobar pneumonia with acute pyelonephritis and pyomyositis of the right ankle.”

These autopsy reports have laid to rest the allegation of murder against the accused persons as it has exonerated them from the crime. The implication of the autopsy reports is that Junior wasn’t poisoned or beaten to death as alleged by the family and friends and even if he was beaten or poisoned by his colleagues, his death can not be linked to the above accusation.

In the Nigeria criminal justice system, for the offense of murder to be successfully established against the accused, the prosecution must satisfy these three conditions; first establish that there is death ie, the victim died, secondly the victim died from the actions and inactions of the accused ie, the acts of the accused must be directly linked to be the cause or causative effect of the death of the victim and finally the victim must have the intention or knowledge that his actions or inactions will cause the death or grievous body harm to the victim or that the death or grievous body harm will be the forseable effect of the accused actions.

The prosecution was unable to establish that second condition which is linking the accused to the death of Junior, hence the reason the accused was exonerated and which brings the murder case of Junior to a close and the accused exonerated for not been guilty of the death of the young lad.

This is definitely not how we want this case to turn out, we all want justice for the boy and his family compensated and the accused persons (the alleged bullies) to face the brash and harsh side of the law but “lex lex” (the law is the law) and we can’t say or do otherwise rather than obey it.

Moreover, when we talk about justice it should be known that justice is three sided; justice for the aggrieved, justice for the society ie the government and also justice for the accused or the alleged offender. The accused or alleged offender though accused to have committed a crime still deserve justice and fair hearing so that they won’t be a wrongful conviction or an innocent man getting punished. As the saying goes, that the law would rather let ten guilty men go scot free than to convict one innocent man.

We will keep our ears to the ground to see what else will come of this case and we will always keep updating you and educating you on its legal implications and what the law says in that regard as your lawyer.

Stan Alieke, Esq.
Lead Counsel,
Stanley Alieke & Co.
infoitooknow@gmail.com

Condemning the act of CP Odumosu at the new year eve.

By Stan Alieke, Esq.
The narrative that the outgoing commissioner of police of Lagos state who was just elevated to the rank of Assistant Inspector General of Police (AIG), Mr. Hakeem Odumosu can enter any place at will with unhindered access, be it privately owned or publicly owned property is fallacious, illogical and unfounded by any legal standpoint.

Mr. Odumosu despite the fact of being a high ranking police officer is still a police officer, hence a public servant and when a police officer is operating or going about officially to carry out his official duty as provided by the police act and other enabling statutes, he must first identify himself and the law is to the effect that when a police officer is to enter a place even if for the discharge of his official duty like search or arrest he must first be subjected himself to he searched by the owners of the place he’s to enter so not to plant incriminating objects in the place.

Therefore, even if Mr. Odomusu with is security details are entering the Magodo estate to carry out official duties which he claimed (he claimed that he’s attending a strategic meeting in the estate), the security guards of the estate are still within their power and duty to ask the police officers to identify themselves and confirm with them the particular house in estate they are visiting.This security check carried out is estate entrance where visitors are to call their hosts from the gate to confirm with the security guards before the guards can grant them access into the estate are for security reasons and so the security guards can give the visitors the proper direction to where they are heading to so the visitors don’t end up loitering around the estate searching for their way.

Be it as it may, according to the reports obtained from the estate authorities and residents, the AIG was visiting the estate to attend a social event hosted by a friend and not for official reasons. Therefore, the act of the commissioner of police ordering the arrest and detention of all the estate security guards for not granting him uninterrupted access into the estate is abuse of power as a police man and abuse of office as the commissioner of police of the state.

The police officer and the police service commission owes an unreserved apology to the residents of the estate and compensation to the security guards as the security guards are only carrying out their duties and are clearly within their bounds. The commissioner only felt embarrassed because his high-horsed ego was bruised by the estate securities by conducting stop and search on him hence he decided to use his power to punish the guards.

For the sake of emphasis, according s.37 of the constitution of the federal republic of Nigeria, 1999 (as amended), citizens have right of privacy to their homes, premises, properties and the reasoning or thought that any individual be it a police officer acting in official capacity or personal capacity can have an uninterrupted access to peoples homes is not just fallacious but logically unsound and undoubtedly an argument from an irremediably half-baked rookie student of the law.


For a police officer to enter a home without being hindered, he must first obtain a search warrant to enter and search the home or estate and any act of any individual to interrupt the officer entering the home or premises will be tantamount to obstruction of the cause of justice which the law frowns against….but the Cp was not conducting a search neither was he in possession of a warrant in lieu of the estate, hence he is to be treated like every other private citizen and be subjected to the estate security protocol that every other visitor is to be subjected to.

The constant abuse of power by the high class public servants and public figures should always be called out and the act of the outgoing commissioner of police of Lagos state in the eve of the new year is a no no and should be highly be condemned by all and sundry and the senior police officer should be duly cautioned by his superiors and the police service commission.

Stan Alieke Esq.
Lead Attorney,
Stanley Alieke & Co.
infoitooknow@gmail.com

The reasons why you should get a prenup.

by Stanley Alieke, Esq.

DR. DRE PAYS $100 MIL TO NICOLE IN DIVORCE SETTLEMENT: Nicole Young is getting a fraction of Dr Dre’s estate. Dre and Nicole just filed their property settlement agreement, in which Dre agreed to pay Young $100 million. (Source: TMZ News, 29 Dec., 2021)

A London judge ordered Sheikh Mohammed bin Rashid Al Maktoumto pay his estranged wife Princess Haya Bint Al Hussein. Dubai’s ruler was ordered to provide his estranged wife and their children at least 554 million pounds ($734 million) in the largest financial award the U.K. family courts have ever seen. (Source: Aljazeera News, 21 Dec., 2021)

These are some of the recent divorce cashout and payments that was reported in the news because those involved are celebrities and public figures. These goes to show how expensive divorces and judicial separations could be as it can get more expensive especially for the richer spouse who can either be the lady or the man but in most instances it’s always the man.

These huge sums are payments that the court orders a spouse to pay the other partner and it is called “alimony”. Alimony is financial support that a person is ordered by a court to give to their spouse during separation or following divorce for maintenance and taking care of kids, it is generally for spousal support.

Due to these payments of alimony ordered by the court which is usually huge and sometimes it can be half of the wealth of the spouse or even morethan as it is what ever amount of the court deemed to be fair and equitable to be granted to the other spouse, People have been asking and consulting their lawyers on how to protect their wealth and estates against divorce or especially “gold digging spouses” who could just want to get married to a rich partner just because that individual is rich and wealthy with the sole aim of divorcing the spouse immediately and running to court for alimony to get a huge split of the spouse’s estate and wealth.

This is where prenuptial agreement comes in.

Rich kids or individuals who have gathered wealth for themselves before marriage are always advised to get a prenup or prenuptial agreement to protect their estates/wealth against future divorces and judicial separation. In the absence of prenuptial agreement you will be subjected to marital laws for the split of properties during divorce/ judicial separation and you never can tell how far the court can go in dividing your estate between you and your spouse in the event of divorce as the court are guided by ‘fairness and equitability’.

What is a prenup?

Prenuptial agreement or prenup is a written agreement entered into by spouses who are about to get married where they agree upon terms and conditions that specify their marital rights when they finally get married. Prenuptial agreement supersedes other default marital laws that would otherwise apply in the event of divorce or judicial separation such as the Matrimonial Causes Act which applies to statutory marriages in Nigeria and the court will only enforce the contents of the prenup. This law (The Matrimonial Cuases Act) governs the split and division of property, retirement benefits, savings, and the right to approach the court for spousal support (alimony) etc.

Prenuptial agreement does not only provides for what happens in the event of a divorce or how the properties are to be shared in the event of divorce but it also entered by spouses to protect some properties acquired during the marriage or some properties which have a sentimental value to a spouse.

It should however be noted that for a prenuptial agreement to be enforceable by the court it must be made in good faith. A prenuptial agreement may be declared unenforceable when such an agreement was made or signed under fraud, made or signed by a partner under duress or undue influence or without adequate disclosure of all the assets and liabilities.

Prenuptial agreement is the only best way ‘legally’ to protect your assets or wealth before embarking into marriage especially in contract marriages or marriages which are not meant to last for the life time.



Stanley Alieke, Esq.

Managing Partner,

Stanley Alieke & Co.
infoitooknow@gmail.com

SARSCoV2:
With or without a lawyer, it’s not advisable to buy land in Nigeria, cos even with your CofO at hand, you can still be chased away.

The law can be bought and oppression is legal when you have money.

As for Magodo, the Shangisha families are just chasing clouts! That place cannot be demolished. At worst, they will have to repurchase the land. The earlier they face reality, the better.

Lagos state government will definitely have to settle them. That’s all they are asking for.

MsAllison:
1984?

Buhari regime

Buhari is not only a terrorist but a criminal

He might not be aware of this.

CandyOps:
You think you've see worse days under PMB abi? Wait till Tinubu gets into the seat. Na the one wey senior Pope we go see.

God forbid!

Why Magodo Residents are currently running Kiti kiti and Kata Kata.

By Mr.Stanley Alieke, Esq.

Why Magodo Residents are currently running Kiti kiti and Kata Kata.

On Tuesday, been the 21st of December, 2021, residents of the Magodo Phase 2 Estate in the Shangisha area of Lagos State woke up to see the estate gates locked; no one was allowed access in and no one was allowed access out, at the outside of the gate is parked loads of demolition trucks, bulldozers and caterpillars. Manning those heavy duty equipments are policemen, area boys (thugs), court bailiffs and some other law enforcement agents. They were trying to gain access into the estate to demolish some buildings and properties which has been marked for demolition, by this reason, the estate residents and landlords in the estate decided to shut the gate in other not to grant them access or any other person access till the situation gets handled.

What led to this situation:

During the military government in Nigeria in the year 1984, the military government forcefully seized, demolished and acquired some plot of land belonging to some indigenous people of the Shangisha area of Lagos state; currently where the Magodo phase 2 estate is located. Since the properties were purportedly acquired by the military government for “public use”, then the indigenous owners of the land couldn’t do anything because public use overrides personal use and a government; be it democratic government or military government can acquire and take over anybody’s property for public use.

The land which was purportedly acquired for public use was subsequently sold by the military to some government officials and to some other persons connected to the government for private use. This made the indigenous people of Shangisha that the land was snatched from by the military government to approach the court for redress. Praying the court for their land to be given back to them since it’s not longer to be used for the public benefit as it’s already been sold to private owners.

The matter lingered for many years in court and finally got to the Supreme Court and on February 10th, 2012, the Supreme of Nigeria decided in Favour of the Shangisha Landlord association who were the original owners of the land that the military forcefully snatched from them in the year 1984.

Since 2012 that the dispute was finally decided by the Supreme Court, the Shangisha landlords association according to report have done all they could to get the Lagos state government to sign the writ of possession to enable them execute the Supreme Court judgment to enable them take possession of the property or the government finding another amicable way to settle them, but that all proved abortive.

On Tuesday, 21st December, 2021, they decided to come down with court bailiffs and some law enforcement agents to execute the court judgement and take possession with an inscription which reads ‘ID/795/88 Possession Taken Today 21/12/21 by Court Order,’ pasted on various property on the estate.

Take home lesson: Don’t buy any property (even from the government) without first consulting a lawyer so you don’t find yourself is this same situation like the Magodo residents.

Mr. Stanley Alieke, Esq.
Managing Partner,
Stanley Alieke & Co.
infoitooknow@gmail.com

Factors the judge considers before granting the custody of a child to a parent.


by Stanley Alieke, Esq.
During separation and divorce, the most heated argument between the couple is always who takes custody of the child(ren), if the marriage has been blessed with child(ren), after it comes the argument of sharing and splitting of properties; who takes what property.

The court takes custody of the child(ren) seriously and treat it with utmost care and priority because this is what determines the future of the child.

If the judge grants the physical custody of a child to a parent it means that the parent has the right to have a child live with him or her for the amount of time determined by the judge. The judge in some instances can grant primary custody of a child to a parent. In this case, the child lives with the parent and the parent makes the decision on the upbringing of the child in exclusion of the other parent. In some other instances, the court may also grant joint custody of the child to both parents. In this arrangement, the child spends significant amount of time with both parents at different time and schedules and both parent contribute in the upbringing of the child physically, emotionally and financially.

Therefore, Joint custody maybe be joint legal custody ie the both parents have joint legal custody of the child. Legal custody of a child simply means having the legal rights to make decisions about a child’s wellbeing and upbringing. Joint custody may also be joint physical custody ie the child spends some amount of time with each parent at different schedules and time. Finally, Joint custody may also be joint physical and legal custody.

It should however be noted that a parent might have a legal custody of a child and may not have the physical custody and vice versa while a parent can have both the legal custody and the physical custody of a child and both parent although divorced or separated can have both joint legal and physical custody of the child.

There are some factors the court consider while granting custody of a child; wether sole custody ie custody to a parent or joint custody ie custody to both parents.

The critical factor that the judge first put into consideration before granting the custody of a child to any of the parents is what is referred in law as “The Best Interest Standard”. The court uses this best interest standard to determine what would be best for the child(ren). The child’s best interest comes first before that of the parents. What is best for the child prioritized.

Although, it is inarguable that both parents definitely have good and genuine intention towards the child in question and definitely want what’s good for the child but the judge applies the best interest standard where what the court feels will be the best for the child comes first and outweighs the interest of the parents.

In determining the child’s best interest, the court look into these crucial factors which can be said are the essential factors that the judge considers in granting custody of a child and they include;

The court considers if there are confirmed evidences of domestic violence, domestic abuse, or neglect or negligence by either parent of the child? The court will definitely not going to grant custody of a child to a parent who is negligent, violent or abusive.
The court weighs each parent’s ability to provide for the child’s physical needs, emotional wellness, and medical care. The court will not grant physical custody to a parent who is incapable of financially and physically catering for the needs of the child.
The court will also check the psychological effect the custody will have on the child. The court will ask themselves if the child is okay where he or she is currently is or will the child don’t mind a change in physical environment and custody?
The court will also consider the wishes of the child. The court will ask the child where he or she would like to stay or which of the parent would the child like to be with at the moment. This will only the done if the child is considered old enough to make his or her own decisions.
The court also considers the living conditions and accommodations of each parents’ home. The court is interested to know if the child will have his or her own room in a parent’s house and have a spacious and conducive environment to him or herself.
The court will also evaluate the mental and physical health of each parent and ascertain which of the parent is more mentally and physically fit to be granted the custody of the child. The court is definitely not going to grant custody of a child to a mentally unstable parent or physically unfit parent.
The court will also consider the quality of the relationship the child enjoys with each parents. The court puts into consideration Which of the parent does the child have more cordial and loving relationship with. The court is more akin to grant custody of a child to a parent a child has a blossoming relationship with.
While these are some of the factors the court considers before granting custody of a child to a parent, there maybe other extenuating factors the court will also look into in granting custody of a child to a parent depending on the peculiarity of each case.

Stanley Alieke, Esq.

Managing partner,

Stanley Alieke & Co.
infoitooknow@gmail.com

Ikoyi marriage registry saga: what the law really says in this matter.

by Stanley Alieke, Esq.

The Ikoyi marriage registry saga that has been trending for days have been causing panic in the heart of many, especially married couples who conducted their marriages in Ikoyi marriage registry and other federal marriage registries as they are not sure if they are legally married or just cohabiting. I as the original author of the piece have gotten calls and mails from individuals and even media houses seeking clarifications on this issue.

It is in no doubt that media and news blogs that carried the news to their platforms did a very poor job by not quoting the exact words of the author and reporting the news in the way they feel will catch the attention of more readers and this has cause a lot of controversies and confusion to the general public.

The office of the permanent secretary and principal registrar of marriages of the ministry of interior was swift in releasing a press statement debunking the news that Ikoyi marriage registry and other federal marriage registries doesn’t have the statutory power to register marriages and issues marriage certificates.

To this effect, it will be in the interest of social justice and to clear the dust this issue have raised and also not to mislead the public that the author in good conscience will draw the attention of the public to what the law really do say and what is the reason for the decision (ratio decidendi) of the Federal High court Ikoyi judicial division regarding this issue:

The law that governs statutory marriages in Nigeria is the Marriage act and all marriages conducted under the marriage act and in consonance with this act is valid by the virtue of section 34 of the marriage act.

Be it as it may, any place can be a legal place for the conduct of marriage once they have obtained the necessary license from the federal ministry of interior and marriage conducted there will be held to be valid. So marriage conducted in Ikoyi marriage registry and other federal marriage registries are valid in this regard but the law is that the federal government through the federal marriage registries does not have the statutory power to register marriages and issue marriage certificates to married couples, when they do that, they are acting ultra vires. It is the LGAs in Nigeria that are statutory empowered to register marriages and issues married couples with marriages certificates.

To this effect, though Ikoyi marriage registry and other federal marriage registries have the power to conduct marriages once they have been licensed by the Minister of interior and any other place whatsoever, but the LGAs are the only entity empowered statutorily to register marriages and issue married couples with marriages certificates, therefore, whatever certificate issued to married couples by Ikoyi marriage registry and other federal marriage are void as they don’t have the power to do so.

While we all seat with open mind and see how this case between the Federal Ministry of Interior and Etiosa LGA will turn out as it will likely get to the Supreme Court, status quo may be maintained but prospective couples who intend to get married should be advised in due diligence to avoid federal marriage registries with the famous Ikoyi registry inclusive until the Supreme Court gives the final say.

If you need more clarifications or legal counseling/consultation on this issue or any other area of the law, the author’s line is widely open.

Stanley Alieke, Esq.
Managing Partner,
Stanley Alieke & Co.
infoitooknow@gmail.com

Ikoyi marriage registry saga: what the law really says in this matter.

by Stanley Alieke, Esq.

The Ikoyi marriage registry saga that has been trending for days have been causing panic in the heart of many, especially married couples who conducted their marriages in Ikoyi marriage registry and other federal marriage registries as they are not sure if they are legally married or just cohabiting. I as the original author of the piece have gotten calls and mails from individuals and even media houses seeking clarifications on this issue.

It is in no doubt that media and news blogs that carried the news to their platforms did a very poor job by not quoting the exact words of the author and reporting the news in the way they feel will catch the attention of more readers and this has cause a lot of controversies and confusion to the general public.

The office of the permanent secretary and principal registrar of marriages of the ministry of interior was swift in releasing a press statement debunking the news that Ikoyi marriage registry and other federal marriage registries doesn’t have the statutory power to register marriages and issues marriage certificates.

To this effect, it will be in the interest of social justice and to clear the dust this issue have raised and also not to mislead the public that the author in good conscience will draw the attention of the public to what the law really do say and what is the reason for the decision (ratio decidendi) of the Federal High court Ikoyi judicial division regarding this issue:

The law that governs statutory marriages in Nigeria is the Marriage act and all marriages conducted under the marriage act and in consonance with this act is valid by the virtue of section 34 of the marriage act.

Be it as it may, any place can be a legal place for the conduct of marriage once they have obtained the necessary license from the federal ministry of interior and marriage conducted there will be held to be valid. So marriage conducted in Ikoyi marriage registry and other federal marriage registries are valid in this regard but the law is that the federal government through the federal marriage registries does not have the statutory power to register marriages and issue marriage certificates to married couples, when they do that, they are acting ultra vires. It is the LGAs in Nigeria that are statutory empowered to register marriages and issues married couples with marriages certificates.

To this effect, though Ikoyi marriage registry and other federal marriage registries have the power to conduct marriages once they have been licensed by the Minister of interior and any other place whatsoever, but the LGAs are the only entity empowered statutorily to register marriages and issue married couples with marriages certificates, therefore, whatever certificate issued to married couples by Ikoyi marriage registry and other federal marriage are void as they don’t have the power to do so.

While we all seat with open mind and see how this case between the Federal Ministry of Interior and Etiosa LGA will turn out as it will likely get to the Supreme Court, status quo may be maintained but prospective couples who intend to get married should be advised in due diligence to avoid federal marriage registries with the famous Ikoyi registry inclusive until the Supreme Court gives the final say.

If you need more clarifications or legal counseling/consultation on this issue or any other area of the law, the author’s line is widely open.

Stanley Alieke, Esq.
Managing Partner,
Stanley Alieke & Co.
infoitooknow@gmail.com

Ikoyi marriage registry saga: what the law really says in this matter.

by Stanley Alieke, Esq.

The Ikoyi marriage registry saga that has been trending for days have been causing panic in the heart of many, especially married couples who conducted their marriages in Ikoyi marriage registry and other federal marriage registries as they are not sure if they are legally married or just cohabiting. I as the original author of the piece have gotten calls and mails from individuals and even media houses seeking clarifications on this issue.

It is in no doubt that media and news blogs that carried the news to their platforms did a very poor job by not quoting the exact words of the author and reporting the news in the way they feel will catch the attention of more readers and this has cause a lot of controversies and confusion to the general public.

The office of the permanent secretary and principal registrar of marriages of the ministry of interior was swift in releasing a press statement debunking the news that Ikoyi marriage registry and other federal marriage registries doesn’t have the statutory power to register marriages and issues marriage certificates.

To this effect, it will be in the interest of social justice and to clear the dust this issue have raised and also not to mislead the public that the author in good conscience will draw the attention of the public to what the law really do say and what is the reason for the decision (ratio decidendi) of the Federal High court Ikoyi judicial division regarding this issue:

The law that governs statutory marriages in Nigeria is the Marriage act and all marriages conducted under the marriage act and in consonance with this act is valid by the virtue of section 34 of the marriage act.

Be it as it may, any place can be a legal place for the conduct of marriage once they have obtained the necessary license from the federal ministry of interior and marriage conducted there will be held to be valid. So marriage conducted in Ikoyi marriage registry and other federal marriage registries are valid in this regard but the law is that the federal government through the federal marriage registries does not have the statutory power to register marriages and issue marriage certificates to married couples, when they do that, they are acting ultra vires. It is the LGAs in Nigeria that are statutory empowered to register marriages and issues married couples with marriages certificates.

To this effect, though Ikoyi marriage registry and other federal marriage registries have the power to conduct marriages once they have been licensed by the Minister of interior and any other place whatsoever, but the LGAs are the only entity empowered statutorily to register marriages and issue married couples with marriages certificates, therefore, whatever certificate issued to married couples by Ikoyi marriage registry and other federal marriage are void as they don’t have the power to do so.

While we all seat with open mind and see how this case between the Federal Ministry of Interior and Etiosa LGA will turn out as it will likely get to the Supreme Court, status quo may be maintained but prospective couples who intend to get married should be advised in due diligence to avoid federal marriage registries with the famous Ikoyi registry inclusive until the Supreme Court gives the final say.

If you need more clarifications or legal counseling/consultation on this issue or any other area of the law, the author’s line is widely open.

Stanley Alieke, Esq.
Managing Partner,
Stanley Alieke & Co.
infoitooknow@gmail.com

Breaking: All Marriages conducted by the Ikoyi Marriage Registry are illegal and Invalid.

by Stanley Alieke, Esq.

There have been a legal brawl between some Local government Areas of Nigeria against the Federal government simply for the determination of who have the power to operate marriage registries, conduct marriages and issue marriage certificates.

Statutorily, the Local governments are the ones empowered to conduct marriages and issue marriage certificates, for this reason, the LGAs have insisted that their powers to register marriages which is statutorily provided are being usurped by the Federal Government through the Ministry of Interior.

The Eti Osa LOcal Government Area of Lagos state took the Ministry of Interior and Attorney General of the Federation to court in suit no.: FHC/ LS/CS/816/18 between Eti-Osa LGA & 3 others v. Hon. Minister of Interior & 2 others (Federal High Court, Ikoyi Judicial Divaion), where the accused Federal Ministry of Interiors of usurping the Local Governments power to operate marriage registries, conduct marriages and issue marriage certificates.

The prayed the court to declare that the federal government have no business in the conduction of marriages and issuing marriage certificates and order the closure of all marriage registries opened and operated by the federal ministry of interior or through their agents including that of the Ikoyi registry.

The case lingered but recently, the federal High court sitting in Ikoyi held in the favor of the Eti osa local government and granted their prayers.

The court held that conduct of marriages and issue of certificate is statutorily the job of the local governments as provided by the law and only the local governments have the power to do such and the acts of the federal government through the ministry of interior operating marriage registries is clearly beyond their powers.

The court further held that all marriages conducted by federal marriage registries or through their agents are illegal and invalid and the federal high court also ordered for the closure of all federal marriage registries including that of Ikoyi marriage registry with immediate effect.

Stanley Alieke, Esq.
Managing Partner,
Stanley Alieke & Co.
infoitooknow@gmail.com

A Nigerian High Court sitting in Lagos, has declared that it was unconstitutional for the federal government to conduct marriages, declaring as illegal and invalid, for example, all solemnisation of unions at the Ikoyi marriage registry, Lagos.

The court, presided over by Justice D. E. Osiagor, held that only the local government marriage registries were empowered to do such by the provisions of the 1999 Constitution (as amended).

He submitted that the conduct of marriages and issuance of certificates were statutorily the job of the local governments as provided by the law.

The judge added that the acts of the federal government through the Ministry of Interior,operating marriage registries was beyond their powers and held that all marriages conducted by federal marriage registries or through their agents were illegal and invalid.

He consequently ordered the closure of all federal marriage registries opened by the ministry, including that of Ikoyi marriage registry with immediate effect.

There has been a legal brawl between some local government areas in Nigeria against the federal government simply for the determination of who has the power to operate marriage registries, conduct marriages and issue marriage certificates.

For this reason, the LGAs had insisted that their powers to register marriages, which were statutorily provided were being usurped by the federal government through the Ministry of Interior.

This prompted the Eti-Osa Local Government Area of Lagos State to go to court, where itsought an order to take over the popular Ikoyi Marriage Registry being operated by the Ministry of Interior, on the grounds that the federal government, through the ministry, had no business operating a marriage registry.

The suit marked FHC/ LS/CS/816/18, which had the Ministry of Interior and Attorney General of the Federation as defendants, accused the ministry of usurping the local government power to conduct marriages and issue marriage certificates.

It also prayed the court to declare that the federal government has no business in the conduction of marriages and issuing marriage certificates and therefore order the closure of all marriage registries opened and operated by the Federal Ministry of Interior or through their agents, including that of the Ikoyi registry.

At the end, the court granted their prayers, saying only the local governments have the power to conduct marriages in Nigeria.

THISDAY investigation revealed that the latest judgment was not the first to emanate from the court.

On May 17, 2018, Justice Chuka Austine Obiozor of the same, while delivering judgment on Suit No: FHC/L/CS/1760/16, had issued a restraining order against Ikoyi registry from conducting marriages, saying it was unconstitutional for the federal government to perform the duties of the state and local governments.

He said the marriage registries in the local government of Lagos State were the authentic and legally-binding government divisions established to carry out such functions.

Addressing a press conference afterwards, Lagos State Commissioner for Local Government and Community Affairs, Muslim Folami, said the judgment would be communicated to all stakeholders, including the embassies.

Folami said the decision of the court was supreme and legally binding on all and that all marriages conducted and registered in any of the 20 local governments were valid and in accordance with the marriage act.

Particularly, he said the judgment would put a stop to the perception of superiority of Ikoyi Marriage Registry over the local government registries.

“We are going to use every available platform in the five divisions across the state to sensitise our people and inform them about this latest development – from Epe to Ikorodu, Badagry, Ikeja and Lagos Island,” he said.

But instead of complying with the decision of the court, the Federal Ministry of Interior went ahead to establish more marriage registries across the country.

https://www.arise.tv/all-marriages-conducted-at-ikoyi-registry-illegal-nigeria-court-says/

The stop and search and impounding of people vehicles by VIO officers is Illegal.

By Stanley Alieke, Esq.

Every state and city in Nigeria have men on orange uniform who are called Vehicle Inspection Officers. They are often mistaken to be the men of the Road Safety Corp but they are distinct from the road safety officers and they are carry out distinct although overlapping duties with the men of the Road Safety Corps.

Their duties according to their enabling acts are highlighted to include:

•Training and testing of applicants for Driver’s license

•Testing and training of applicants for Rider’s card

•Organizing seminars and public lectures.

•Carrying out inspection of vehicles involved in accidents

•Certification of driving schools

•Co-operating with other agencies to enforce traffic rules and regulations

•Providing accessible emergency services

•Co-operating with relevant agencies engaged in road safety activities or in the prevention

of accidents on the highways

•Preparing and keeping statutory registers and a database of all certificates issued and revoked.

It is the position of the court that the functions and duties of the Vehicle Inspection Officers as clearly spelt out didn’t give them the power to carry out the duty of the judiciary like imposing punishments and impounding of vehicles of alleged traffic offenders.

They have been held to be acting above their power in many instances by the court the recent of it is the 2021 fundamental rights enforcement suit no. HU/FHR/171/2021 filed by Edidiong Akpanuwa, Esq., the high court of Akwa Ibom state declared that the act of the Vehicle Inspection Officers (VIO) conducting stop and search and impounding peoples’ vehicle for alleged break of traffic rules is illegal and unconstitutional. The court in their resounding wisdom went ahead to state that Vehicle Inspection Officers (VIO) acting on the instructions of the state government cannot in accordance with s.36 of the constitution of the federal republic of Nigeria (1999) and in every struct sense of it assume the duties of the judiciary to impose penalties and impound vehicles of motors users who they have alleged to have committed traffic offense.

They have the power to prosecute but they will be acting ultra vires when they impose penalties to alleged traffic offenders.

By the reason of this recent case, no Vehicle Inspection Officer have the power to impound any user’s car for any reason whatsoever and will be acting in illegality when they impose punishment to anybody for alleged breach of traffic offense.

Stanley Alieke, Esq.
08128357041

Trademark: Ways of making money off your creativity.

by Stanley Alieke, Esq.

Trademark: Ways of making money off your creativity.
Nigerian Entertainers and social media influencers are in no doubt very creative, as they don’t just entertain they also put their creativities to test in numerous occasions. Most of them have popularized and influenced some trending and house hold words and slogans like Mr. Macaroni’s Fantabulous, You are doing well, Oiin etc and Josh2funny’s All my guys are ballers, Don’t leave me, in all circumstances, consequences boys etc, Jigan Babaoja’s Sho mo age mi ni and Davidsyn the comedian who just popularized the slogan “Normally’ which is currently trending across different social media platforms.

Everyone who spends some time in the social media space will definitely be aware of when the slogan “Sho mo age mi ni” which is a Yoruba phrase meaning “do you know my age?” which was influenced by Nigerian comedian and actor, Jigan Babaoja was trending. It was so popular then and still popular now that everyone was saying it and even Nigerian banks and blue chip companies were using it in their newsletters as a catchy trending phrase.

Mr. Jigan Babaoja decided to confront one of the banks that was using the slogan he purportedly popularized to pay him or to refrain from using his slogan without his permission as that will amount to infringement on his intellectual property rights. The banks and other organizations using that slogan were able to get away with it because the slogan was not “trademarked” hence, Jigan cannot claim abt legal rights on that phrase though it was him who everyone knows popularized the phrase and influenced the usage in the social media.

Nigerian Entertainers and creatives should know that you can not lay claim to a word or slogan when you have not trademarked it as your intellectual property even if everyone knows that you are the originator, the law is that you must register it or trademark it which is a means of you giving notice to the whole word that the word or slogan is now yours exclusively and anyone who wants to make use of it must obtain express permission from you and pay for you for it, if not it will amount to them infringing on your (intellectual property) rights.

This is the reason why Nigeria creatives and influencers must learn the art of making money off their crafts by always trademarking words and slogans they originated out of their creativities, acquire parent rights and copyrights of the products they invented and influenced. The benefits are numerous but one of it is having exclusive legal rights to your brain child or your intellectual property property and making huge money off your creativity.

Stanley Alieke, Esq.
Managing Partner,
Stanley Alieke & Co.
infoitooknow@gmail.com
08128357041.

Who will be held legally culpable for Junior’s death.

by Stanley Alieke, Esq.

Junior a pupil of Dowen college was alleged tormented, coerced, bullied and beaten by his fellow students which led to his death. According to the parents of the dead kid, their son have been facing the ugly ordeal in the hands of his fellow students who are pressurizing him to join the cult and kept bullying him for his refusal to join their cult.

Whatever the case is, looking at it from the ambit of the law and analyzing who the law will be held culpable for the death of the lad.

Firstly, the four boys who have been fingered to be responsible for the death of young Silvester will be held culpable for the murder. Though they are not up to 18 years which is the age of majority but the law is a child above the age of 7 can be held criminally responsible if they commit any crime. They can be arrested, detained and tried as adults as the offense they were alleged to have committed is the offense of murder. Murder as a crime is punishable by death sentence under the Nigerian law. So the four boys alleged to have been responsible for the death of Junior May be looking at death sentence if they are tried and found guilty of the crime they are accused of.

Secondly, the school, Dowen college will be held strictly responsible also for the death of Junior. They will be charged with the case of Negligence which can either be criminal negligence or civil negligence. The my have the strict duty to protect, safeguard and guarantee the safety of every student under their care, this duty which they fail to discharged has made them culpable for the death of Junior and they will be made to pay heavily for it so as to also serve as a deterrent.

Lastly, the staffs of Dowen college will he held culpable too for the death of Junior. They will be joined in the suit for negligence as joinder for failing to discharge the duty of protection and safety of Junior. Under civil negligence, the school, Dowen college and the staffs can be held vicariously liable for the death of the boy.

#justiceforsilvesteroromoni #justiceforjunior

Stanley Alieke, Esq.

teacherbim:
Exactly what happened to e in May this year,I went to withdraw at Uba , Onipan branch using Ecobank atm,I tried to withdraw 10k three times but money did not dispense and I was debited three times ,I went to complain at Ecobank and the money was reverted after 3 weeks to my surprise they deducted the money back from my account.
I went to complain again and I was told that the money I tried to withdraw were dispensed,I asked to see the video but nothing has been done till date, my 30k Is still with them .

This is really unbecoming.

Conwarden:
Any and all contracts/agreements not written or recorded is as useless as the paper it was not recorded on.



Life sentence for all scammers . . . including paternity fraudsters!

Oral or unwritten contract can be enforceable if it’s proved.

Breach of promise to marry attract legal consequences.

December 2, 2021 | by Stanley Alieke, Esq.


Before you promise your partner that you are going to marry him or her, I want you to know that failure to fulfill that promise of marriage carries huge legal consequences, it does not matter that you made that promise out of a joke or you were not serious when you made that promise, in as much as you have made the promise to marry a person you are under strict legal obligations and you must fulfill that promise of marriage, failure to do that will put you in the law harm’s way.

A promise to marry is seen in law as a contract which can either be oral, expressed or written and breach of a contract attract consequences against the person who committed the breach and this is also applicable in the breach of the contract of promise to marry. Even if it is love story gone wrong, it is first regarded as a contract in law and contracting parties must live up to the contractual terms.

Promise to marry is legally binding on both parties in as much the parties meet up the legal criteria of making such contract which is the ages of the parties is very crucial and there must also be consideration furnished for it to be legally enforceable.

In the case of Mabamije V. Otto (2016) LPELR 26058 (SC) Mr. Otto promised to marry Ms. Mabamije and he he didn’t fulfill the promise. Ms. Mabamije sued Mr. Otto for the beach of the promise, she claimed 20 million Naira as damages, she also prayed the court for an order to compel Mr. Otto to fulfill promise of marrying her. The won the case at the high court but case went on to Supreme Court, although Ms. Mabamije lost the case at the Court of Appeal and the Supreme Court due to technicalities of the law of estoppel (which we may not go into details today) but the courts emphasized that promise to marry is a contract and parties must live up to the contract terms and breach of that promise carries legal consequences.

Also, in the case of Miss Chinye A.M. Ezennah v. Alhaji Mahmoud I. Atta 3PLR (2004) 40 (SC) popularly quoted as Ezennah v. Atta, the Supreme Court per Niki Tobi Jsc stated inter alia “…. an agreement or contract to marry is a bilateral affair between a man and a woman, both partires must be ad idem in respect of any collateral transaction relating to the intended marriage and breach of that promise is enforceable against the person who breached”.

Stan Alieke, Esq.
Infoitooknow@gmail.com

1F30M4:
Woww youdonmeannit?! Tenkiu oo, we learn everyday.

You’re welcome.

ITbomb:
Sometimes it is easier to wait a while for your money to be reverse than to file a case

Going to court will always be the last resort and never the first resort.

AlhajiNatty:
And it happened this year.
Interesting.

Very interesting indeed.

NwaAmaikpe:




Back in the days cars were the choice thing to steal if they were left carelessly or not being monitored.

Today, it is wives.

If you leave your wife carelessly, if you don't monitor her or you're devoting more attention to business, work or god, I promise you she would be stolen faster than a gold necklace lying on the ground in a busy street.

And the sad thing is that it is not stealing.
These abandoned women will fall for anything and everything that gives them the slightest attention they've always craved.

Before you know it, panties are shifted, legs are splitted and the marriage is left shaking.

When the husband realizes this, his ego won't still let him let the cheating wife go so it won't be said that he lost his wife to a superior preek, so he'd get pastors to talk to her and any good pastor who knows his onion will want to take his share of the national cake in the course of counselling.

How will he hear that a woman is a cheerful giver and won't try to partake of her bounty or get her emotionally dependent on him.

At the end of the day, the ultimate loser is the husband, just like the man whose car was stolen from where he parked it, this one's wife may still be with him, but her emotions, desires, stimuli would never be for only him again.

Lol. It’s a crime to steal someone’s wife please. You may go to jail. Lol.

doggedfighter:
I put it to you.

Haha!
There’s no putting it to you here yet pls.

allen113:
Thank you for this wonderful piece

allen113:
Thank you for this wonderful piece

It’s a pleasure!