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Nairaland / General / How To Write A Police Statement by OpatolaEsq: 5:24am On Sep 20
How to write a Police Statement.

Opatola Victor Esq.
adeopatola@gmail.com
0904 181 5408

As Lawyer, my eyes don see many things. I have seen cases where some Police officers write confessional Statement and threaten the suspect to sign it.

��‍♂️��‍♂️��‍♂️.....some Police officers will tell you to just write what they say and once you write as they dictate to you they promise not to charge you to Court. Some police blatantly beat confessional Statement out of the suspect.

Never ever underestimate the effect of Police Statement. Especially if it incriminates the writer, because it can be used as evidence to convict you in Court.

Insist on having your Lawyer present when writing a Police Statement or interrogation.

You must understand that it is your right to have your Lawyer present while writing your Statement, in some states when you demand for your Lawyer before writing a statement and the police refuses, then it may be a ground to dismiss the confessional Statement as a whole.

Insist on having your Lawyer.
Don't be shy or timid, before you timidly incriminate your self and timidly enter prison.

Below are what to do before writing a confessional statement:

1. Insist on having your Lawyer present before writing your statement or before police interrogation. Why, it serves as incentive for Police to act according to the Law, it curtails the use of force or threat by the Police.

2. Calm down, don't allow anybody rush you and don't rush yourself into writing a confessional Statement. Think before even writing anything. Whatever you write can land you prison or help you out of a court case, so be calm and think twice before writing anything.

3. Be brief. No verbosity. The devil is in the details. Don't give unnecessary story. If a petition was written against you, address only the salient points in the petition.

The police can also ask you some questions when you are writing your statement, think twice before answering and writing it too.

4. Never leave space when writing your statement. No paragraph. You write from line to line.

Why?

This is to ensure that no other person can include anything in your statement after you have written it and gone.

5. Your statement is called your statement because it is your statement, because it is your story and nobody should dictate what you know or what you remember and don't remember.

What you don't know or remember should be written as what you don't remember. Sometimes, some Police will want to force you to write what you don't remember or what you don't know, don't try it.

6. Write important dates and facts.

1 Like 1 Share

Investment / How To Write A Police Statement by OpatolaEsq: 12:25am On Sep 20
How to write a Police Statement.

Opatola Victor Esq.
adeopatola@gmail.com
0904 181 5408

As Lawyer, my eyes don see many things. I have seen cases where some Police officers write confessional Statement and threaten the suspect to sign it.

��‍♂️��‍♂️��‍♂️.....some Police officers will tell you to just write what they say and once you write as they dictate to you they promise not to charge you to Court. Some police blatantly beat confessional Statement out of the suspect.

Never ever underestimate the effect of Police Statement. Especially if it incriminates the writer, because it can be used as evidence to convict you in Court.

Insist on having your Lawyer present when writing a Police Statement or interrogation.

You must understand that it is your right to have your Lawyer present while writing your Statement, in some states when you demand for your Lawyer before writing a statement and the police refuses, then it may be a ground to dismiss the confessional Statement as a whole.

Insist on having your Lawyer.
Don't be shy or timid, before you timidly incriminate your self and timidly enter prison.

Below are what to do before writing a confessional statement:

1. Insist on having your Lawyer present before writing your statement or before police interrogation. Why, it serves as incentive for Police to act according to the Law, it curtails the use of force or threat by the Police.

2. Calm down, don't allow anybody rush you and don't rush yourself into writing a confessional Statement. Think before even writing anything. Whatever you write can land you prison or help you out of a court case, so be calm and think twice before writing anything.

3. Be brief. No verbosity. The devil is in the details. Don't give unnecessary story. If a petition was written against you, address only the salient points in the petition.

The police can also ask you some questions when you are writing your statement, think twice before answering and writing it too.

4. Never leave space when writing your statement. No paragraph. You write from line to line.

Why?

This is to ensure that no other person can include anything in your statement after you have written it and gone.

5. Your statement is called your statement because it is your statement, because it is your story and nobody should dictate what you know or what you remember and don't remember.

What you don't know or remember should be written as what you don't remember. Sometimes, some Police will want to force you to write what you don't remember or what you don't know, don't try it.

6. Write important dates and facts.
Family / How To Write A Police Statement by OpatolaEsq: 12:12am On Sep 20
How to write a Police Statement.

Opatola Victor Esq.
adeopatola@gmail.com
0904 181 5408

As Lawyer, my eyes don see many things. I have seen cases where some Police officers write confessional Statement and threaten the suspect to sign it.

��‍♂️��‍♂️��‍♂️.....some Police officers will tell you to just write what they say and once you write as they dictate to you they promise not to charge you to Court. Some police blatantly beat confessional Statement out of the suspect.

Never ever underestimate the effect of Police Statement. Especially if it incriminates the writer, because it can be used as evidence to convict you in Court.

Insist on having your Lawyer present when writing a Police Statement or interrogation.

You must understand that it is your right to have your Lawyer present while writing your Statement, in some states when you demand for your Lawyer before writing a statement and the police refuses, then it may be a ground to dismiss the confessional Statement as a whole.

Insist on having your Lawyer.
Don't be shy or timid, before you timidly incriminate your self and timidly enter prison.

Below are what to do before writing a confessional statement:

1. Insist on having your Lawyer present before writing your statement or before police interrogation. Why, it serves as incentive for Police to act according to the Law, it curtails the use of force or threat by the Police.

2. Calm down, don't allow anybody rush you and don't rush yourself into writing a confessional Statement. Think before even writing anything. Whatever you write can land you prison or help you out of a court case, so be calm and think twice before writing anything.

3. Be brief. No verbosity. The devil is in the details. Don't give unnecessary story. If a petition was written against you, address only the salient points in the petition.

The police can also ask you some questions when you are writing your statement, think twice before answering and writing it too.

4. Never leave space when writing your statement. No paragraph. You write from line to line.

Why?

This is to ensure that no other person can include anything in your statement after you have written it and gone.

5. Your statement is called your statement because it is your statement, because it is your story and nobody should dictate what you know or what you remember and don't remember.

What you don't know or remember should be written as what you don't remember. Sometimes, some Police will want to force you to write what you don't remember or what you don't know, don't try it.

6. Write important dates and facts.

3 Likes

Politics / Attorney General Of Rivers State V. FIRS & AGF: The ABC Of The Court's Decisi by OpatolaEsq: 3:50am On Sep 15
Attorney General of Rivers State v. FIRS & AGF: The ABC of the Court's decision.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408


The recent judgement by Justice Stephen Dalyop Pam in the matter between Rivers State Government V. Federal Inland Revenue and the Attorney General of Federation has generated heated comments in many quarters. A lot of persons has commented and picked sides on the issue without benefit of the arguments canvassed by the parties and reading the judgment and reason of the Court.
One thing is certain, the issues canvassed in the matter goes beyond the implication of the popular issue of who is entitled to VAT and who is entitled to collect VAT, to which body can collect (not which body owns it) Incomes, profits and capital gains Tax in Nigeria; to whether or not the Tax and Levies Act is valid and Constitutional.

Main Arguments.

1. Whether Federal Government and Federal Republic of Nigeria ( yes, there is a difference between both) have the powers to make laws for taxation only on item 58 & 59 of the second schedule of the Constitution. ( Item 58 provides for taxation of Stamp Duties & 59 provides for the taxation of Incomes, profits, capital gains, except as otherwise provided by the Constitution. )
2. That FIRS has no powers to enforce the collection of any tax other than those in item 58 & 59.
3. Whether the Powers of the National Assembly to make Laws on taxation applies to anything outside Incomes, profits, capital gains.
4. Whether the collection of taxes in item 58 & 59 (stated above) and item 7 & 8 of the part II of the Second Schedule to the Constitution the Federal Government can delegate the collection of Taxes to any other body or person other than the State Government or any authority of the State Government.
5. Whether Taxes and Levies Act, as far as it legislate for collection of taxes other than those listed in item 58 & 59 (stated above) and item 7 & 8 of the part II of the Second Schedule to the Constitution, is unconstitutional.
( Taxes and Levies Act empowers the Federal Government to collect Withholding Tax, Value Added Tax, Education Tax, Capital Gains Tax on non residents of FCT, Pools Betting, lotteries Gaming and Casinos, Road Tax, business Premise Registration Tax e.t.c)


1. Plaintiff Argument ( Rivers State)
The Federal Government to impose and collect tax is expressly limited to those species of tax stated in item 58 & 59 (stated above). It further argued that taxes like VAT, Withholding Tax, Tertiary Education Tax and Technology Tax are beyond the scope and Constitutional contemplation of item 58 & 59 (stated above) and is therefore unconstitutional.

Defendant argument ( FIRS and A.G Federation)
FIRS argued that by section 4 ( boarders on the Powers of the National assembly to make Laws for the Federation, also that it can make Laws for items on exclusive list and concurrent list to the exclusion of the State House of Assembly) , 315( provides that Laws, decree, enactments made before the 1999 Constitution will automatically valid and subsisting as an existing Law or Act so far it is that in which National Assembly can make Laws, 318, item 58 & 59 (stated above) and section 1 and 2 of part III of the Constitution; the National Assembly has all the needed Powers to enact Legislations to cover all the above referenced taxes.
The AGF argued that the fact that the National Assembly has enacted Laws on the taxations provided for in the concurrent legislative list automatically precludes the State House of Assembly from doing same that is inconsistent with the Laws enacted by the National Assembly.

Courts Decision (paraphrasing)
1. First, the argument of the AGF is blank. As at the time of the filing and decision on this matter the Rivers State Government has not made any Laws that contradicts the Laws enacted by the National Assembly on the issues at hand. Rivers State Government has only challenged the Powers of the Federal Government to impose and collect taxes outside of the express provisions of item 58 & 59 (stated above).
On FIRS argument, the Court held that upon careful perusal of section 4, 315, 318, item 58 & 59 and section 1 and 2 of part III of the Constitution ( all stated above), the Court cannot see anywhere the Federal Government is given the express powers to make Tax Laws beyond Constitutional Limit of item 58 & 59 of the second schedule of the Constitution.
The Law is trite that Statutes should be given their ordinary and literal meaning, where they are clear and unambiguous. Provision of item 58 & 59 of the second schedule of the Constitution is clear and unambiguous, it relates only and expressly to stamp duties, faction of incomes, profit and capital gains only. This interpretation does not lead to absurdity and doesn't contradict other parts of the Constitution.
Furthermore, Tax Laws are interpreted strictly. In interpretation of Tax Laws, there are no presumption or intendment. There is also no Equity in the matters of tax.
Also, it is trite Law that when a Statute expressly mentions a thing among other alternatives, it is taken that those not mentioned are to be excluded. I'd the Constitution wanted VAT, Education Tax, Technology Tax etc. to be Taxed by the Federal Government it would have expressly included it among the ones it stated, but it didn't.

2. On Whether the collection of taxes in item 58 & 59 (stated above), by item 7 & 8 of the part II of the Schedule to the Constitution the Federal Government can delegate the collection of Taxes to any other body or person other than the State Government or any authority of the State Government.
Item 7 & 8 of the part II of the Schedule to the Constitution provides that
7. In exercise of it's powers to impose any tax or duty on
(a) Capital gains, incomes or profit of persons other than companies; and
(b) documents or transactions by way of stamp Duties, the National Assembly may subject to such conditions as it may prescribe, provide that the collection of such tax or duty or the administration of the Law imposing it shall be carried out by the Government of a State or other authority of a State.
8. Where an Act of National Assembly provides for collection not Tax or Duty on Capital Gains, incomes or profit or the administration of any Law by an authority of a State in accordance with paragraph 7 hereof, it shall regulate the liability of persons to such tax or duty in such manner as to ensure that such tax or duty is not levied on the same person by more than one State.
The above provision is express and unambiguous. The collection of the above taxes are to be done by the State or State Authority, subject to the condition the National Assembly may dictate. Item 7 & 8 of the part II of the Constitution expressly limits the body that can collect such Taxes listed in item 58 & 59 to the State or a State Authority and nothing more.


3. Whether Taxes and Levies Act, as far as it legislates for collection of taxes other than those listed in item 58 & 59 (stated above) and item 7 & 8 of the part II of the Second Schedule to the Constitution, is unconstitutional.
The Court held that per the decision of a Superior Court, Court of Appeals, in the case Uyo Local Government Council v. Akwa Ibom State Government & Anor. the Court held that it nullified the Taxes and Levies Act for being inconsistent with the provisions of the 1999 Constitution. The Court followed the principles of judicial precedent by so holding that the Act is null and void, mad any tax so provided for in the Act is unconstitutional.


The Court so held in favour of Rivers State.
Business / Can I Trademark My Name? by OpatolaEsq: 1:51am On Jun 16
Can I trademark my name?

Do you have a business?
Are you a Business, Relationship, financial or life Coach?

Then you should consider trademarking your name.

You can trademark your name as a Service Mark or Trademark. A service mark, much like a trademark, is a word or symbol a person uses to describe her services, as opposed to goods.

Sarah Pauline trademarked her name as a service Mark under education. Also Morgan Freeman is a trademarked name.

You can trademark your name when it is used in the course of your business or service.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408

Nairaland / General / Can I Trademark My Name? by OpatolaEsq: 1:30am On Jun 16
Can I trademark my name?

Do you have a business?
Are you a Business, Relationship, financial or life Coach?

Then you should consider trademarking your name.

You can trademark your name as a Service Mark or Trademark. A service mark, much like a trademark, is a word or symbol a person uses to describe her services, as opposed to goods.

Sarah Pauline trademarked her name as a service Mark under education. Also Morgan Freeman is a trademarked name.

You can trademark your name when it is used in the course of your business or service.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408

1 Like 1 Share

Nairaland / General / Can A Foreign Company Sue In A Nigeria? by OpatolaEsq: 8:24am On Jun 08
Can a foreign company Sue in a Nigeria?

The position of the Law is that a foreign company that wants to do business in Nigeria must be registered or given special exemption.

A foreign company doing business in Nigeria without registration commits a Criminal offence and such business is void and the Court will not lend its aid to a man who grounds his cause on illegality.

This limitation is limited to enforceability of the contract, and does not generally extend to the legal capacity of a foreign company to sue and be sued in Nigeria

For the purpose of international trade, a foreign company not registered in Nigeria can sue in Nigeria. Where a foreign company enters into an international trade with a Nigerian, then it can sue to enforce it's contractual right.

Therefore, foreign company can validly sue or be sued in Nigeria on a contract it entered outside Nigeria where, for instance, it is merely to enforce a claim against a person resident in Nigeria.

Opatola Victor Esq
adeopatola@gmail.com
09041815408

Investment / Can A Foreign Company Sue In A Nigeria? by OpatolaEsq: 6:13am On Jun 08
The position of the Law is that a foreign company that wants to do business in Nigeria must be registered or given special exemption.

A foreign company doing business in Nigeria without registration commits a Criminal offence and such business is void and the Court will not lend its aid to a man who grounds his cause on illegality.

This limitation is limited to enforceability of the contract, and does not generally extend to the legal capacity of a foreign company to sue and be sued in Nigeria

For the purpose of international trade, a foreign company not registered in Nigeria can sue in Nigeria. Where a foreign company enters into an international trade with a Nigerian, then it can sue to enforce it's contractual right.

Therefore, foreign company can validly sue or be sued in Nigeria on a contract it entered outside Nigeria where, for instance, it is merely to enforce a claim against a person resident in Nigeria.

Opatola Victor Esq
adeopatola@gmail.com
09041815408

1 Like 1 Share

Business / Can A Foreign Company Sue In A Nigeria? by OpatolaEsq: 6:03am On Jun 08
The position of the Law is that a foreign company that wants to do business in Nigeria must be registered or given special exemption.

A foreign company doing business in Nigeria without registration commits a Criminal offence and such business is void and the Court will not lend its aid to a man who grounds his cause on illegality.

This limitation is limited to enforceability of the contract, and does not generally extend to the legal capacity of a foreign company to sue and be sued in Nigeria

For the purpose of international trade, a foreign company not registered in Nigeria can sue in Nigeria. Where a foreign company enters into an international trade with a Nigerian, then it can sue to enforce it's contractual right.

Therefore, foreign company can validly sue or be sued in Nigeria on a contract it entered outside Nigeria where, for instance, it is merely to enforce a claim against a person resident in Nigeria.

Opatola Victor Esq
adeopatola@gmail.com
09041815408

Business / Twitter Suspension: An Abuse Of Emergency Powers And Other Issues by OpatolaEsq: 7:16am On Jun 05
On June 04, 2021, the Federal Government issued a notification through the office of the Minister for information, Lai Mohammed, that "The Federal Government has suspended, indefinitely, the operations of the microblogging and social networking service, Twitter, in Nigeria,” He further directed the National Broadcasting Commission (NBC) to immediately commence the process of licensing all OTT and social media operations in Nigeria.


Burning Legal issues

1. Under which Law does FG suspend Twitter?

The Said proclamation of the Minister for Information cannot stand under the Law, it is at best a mere tweet without legal force or backing.

Which Law is being exercised by the Federal Goverment?

It is a legal abberation and goes contrary to legal standard and cannot stand the test of judicial scrutiny. Under which Law did the honourable minister claim that the Federal Government purportedly ban Twitter, none was stated. Is it under the Terrorism Law or what? No gazette or Executive Order, except the words of the Minister for information and Culture. Tweets and declarations are not Legal instruments and does not exercise the powers of any Law.


2. Section 148 (1)(b) NCC Act: Is Twitter now a Public Emergency in Nigeria?

The Nigeria Communications Act is the principal legislation that governs telecommunications services (including internet services), while the National Broadcasting Commission Act governs broadcasting.

Section 148 1(b) of NCC Act provides for an emergency provision, that:
(1) On the occurrence of any public emergency or in the interest of public safety, the Commission may—

(b) withdraw either totally or partially the use of any service or network facilitie from any licensee, person or the general public

The above emergency provision can only be wielded in circumstances Public emergency or public safety only by the Nigeria Communication Commission itself.
Banning Twitter under the broad cover of public emergency and public safety is legally dubious. We understand that the ban stems from the fact that somebody's fragile ego was bruised.

We are presently in the age of Data and Smartphones. The 1999 Constitution stipulates human rights of citizens in Nigeria and provides for right to privacy and right to freedom of expression, right to freedom of association and assembly, and thought conscience and religion.

Yes, as expressed in DOKUBO -ASARI V. F.R.N. SC.208/ 2006, these right are not supreme but yet a Goverment body cannot derogate from these rights on its whims, where ever it does, such can be challenged in Court. We are a Nation of Laws and legal principles.


3. Doctrine of public forum and right of expression

A fundamental principle of Right to Freedom of expression is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.

In Nigeria, on various occasions the Courts has protect the right speak in this context. A basic rule, for example, is that a street or park is a quintessential forum for the exercise of right tonfreedom.of expression. Even in the modern era, social media such as Twitter are places are essential venues for public gatherings to celebrate some views, to protest others, or simply to learn and inquire.
In this digital age, the most important place for the exchange of ideas today is “the vast democratic forums of the Internet and social media in particular. The internet is the modern public square, of the same.consequence with traditional public forums such as streets, town hall meetings or parks where speech has historically been granted the highest protection.

Furthermore, social.media apps suvjbas Twitter has been the most important places for the exchange of views, banning outrightly or suspending it without an exact law empower such is tantamount to infringing on the Constitutional right to freedom of expression.

Nigeria is a signatory to importantb international treaties that expressly provides that Social media is a right such African Declaration on Internet Rights and Freedoms, Universal Declaration of Human Rights, International Convention on Civil and Political Rights, International UN resolutions and instruments on cybersecurity. Any unilateral ban will violate rights of citizens both economic and social rights.


Conclusion
In conclusion, the decision of the federal Government as contained in the Minister of information's statement on the banning of Twitter amounts to gross violation of human rights. Such declaration itself is not law until it is exercised under an existing provision of our Laws, yet such cannot stand as it infringed on Constitutional Rights of the Citizens.



Opatola Victor Esq
adeopatola@gmail.com
09041815408
Politics / Twitter Suspension: An Abuse Of Emergency Powers And Other Issues by OpatolaEsq: 5:54am On Jun 05
Twitter Suspension: An Abuse of Emergency powers and other issues

By Opatola Victor Esq



On June 04, 2021, the Federal Government issued a notification through the office of the Minister for information, Lai Mohammed, that "The Federal Government has suspended, indefinitely, the operations of the microblogging and social networking service, Twitter, in Nigeria,” He further directed the National Broadcasting Commission (NBC) to immediately commence the process of licensing all OTT and social media operations in Nigeria.


Burning Legal issues

1. Under which Law does FG suspend Twitter?

The Said proclamation of the Minister for Information cannot stand under the Law, it is at best a mere tweet without legal force or backing.

Which Law is being exercised by the Federal Goverment?

It is a legal abberation and goes contrary to legal standard and cannot stand the test of judicial scrutiny. Under which Law did the honourable minister claim that the Federal Government purportedly ban Twitter, none was stated. Is it under the Terrorism Law or what? No gazette or Executive Order, except the words of the Minister for information and Culture. Tweets and declarations are not Legal instruments and does not exercise the powers of any Law.


2. Section 148 (1)(b) NCC Act: Is Twitter now a Public Emergency in Nigeria?

The Nigeria Communications Act is the principal legislation that governs telecommunications services (including internet services), while the National Broadcasting Commission Act governs broadcasting.

Section 148 1(b) of NCC Act provides for an emergency provision, that:
(1) On the occurrence of any public emergency or in the interest of public safety, the Commission may—

(b) withdraw either totally or partially the use of any service or network facilitie from any licensee, person or the general public

The above emergency provision can only be wielded in circumstances Public emergency or public safety only by the Nigeria Communication Commission itself.
Banning Twitter under the broad cover of public emergency and public safety is legally dubious. We understand that the ban stems from the fact that somebody's fragile ego was bruised.

We are presently in the age of Data and Smartphones. The 1999 Constitution stipulates human rights of citizens in Nigeria and provides for right to privacy and right to freedom of expression, right to freedom of association and assembly, and thought conscience and religion.

Yes, as expressed in DOKUBO -ASARI V. F.R.N. SC.208/ 2006, these right are not supreme but yet a Goverment body cannot derogate from these rights on its whims, where ever it does, such can be challenged in Court. We are a Nation of Laws and legal principles.


3. Doctrine of public forum and right of expression

A fundamental principle of Right to Freedom of expression is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.

In Nigeria, on various occasions the Courts has protect the right speak in this context. A basic rule, for example, is that a street or park is a quintessential forum for the exercise of right tonfreedom.of expression. Even in the modern era, social media such as Twitter are places are essential venues for public gatherings to celebrate some views, to protest others, or simply to learn and inquire.
In this digital age, the most important place for the exchange of ideas today is “the vast democratic forums of the Internet and social media in particular. The internet is the modern public square, of the same.consequence with traditional public forums such as streets, town hall meetings or parks where speech has historically been granted the highest protection.

Furthermore, social.media apps suvjbas Twitter has been the most important places for the exchange of views, banning outrightly or suspending it without an exact law empower such is tantamount to infringing on the Constitutional right to freedom of expression.

Nigeria is a signatory to importantb international treaties that expressly provides that Social media is a right such African Declaration on Internet Rights and Freedoms, Universal Declaration of Human Rights, International Convention on Civil and Political Rights, International UN resolutions and instruments on cybersecurity. Any unilateral ban will violate rights of citizens both economic and social rights.


Conclusion
In conclusion, the decision of the federal Government as contained in the Minister of information's statement on the banning of Twitter amounts to gross violation of human rights. Such declaration itself is not law until it is exercised under an existing provision of our Laws, yet such cannot stand as it infringed on Constitutional Rights of the Citizens.



Opatola Victor Esq
adeopatola@gmail.com
09041815408
Nairaland / General / Twitter Suspension: An Abuse Of Emergency Powers And Other Issues by OpatolaEsq: 5:44am On Jun 05
On June 04, 2021, the Federal Government issued a notification through the office of the Minister for information, Lai Mohammed, that "The Federal Government has suspended, indefinitely, the operations of the microblogging and social networking service, Twitter, in Nigeria,” He further directed the National Broadcasting Commission (NBC) to immediately commence the process of licensing all OTT and social media operations in Nigeria.


Burning Legal issues

1. Under which Law does FG suspend Twitter?

The Said proclamation of the Minister for Information cannot stand under the Law, it is at best a mere tweet without legal force or backing.

Which Law is being exercised by the Federal Goverment?

It is a legal abberation and goes contrary to legal standard and cannot stand the test of judicial scrutiny. Under which Law did the honourable minister claim that the Federal Government purportedly ban Twitter, none was stated. Is it under the Terrorism Law or what? No gazette or Executive Order, except the words of the Minister for information and Culture. Tweets and declarations are not Legal instruments and does not exercise the powers of any Law.


2. Section 148 (1)(b) NCC Act: Is Twitter now a Public Emergency in Nigeria?

The Nigeria Communications Act is the principal legislation that governs telecommunications services (including internet services), while the National Broadcasting Commission Act governs broadcasting.

Section 148 1(b) of NCC Act provides for an emergency provision, that:
(1) On the occurrence of any public emergency or in the interest of public safety, the Commission may—

(b) withdraw either totally or partially the use of any service or network facilitie from any licensee, person or the general public

The above emergency provision can only be wielded in circumstances Public emergency or public safety only by the Nigeria Communication Commission itself.
Banning Twitter under the broad cover of public emergency and public safety is legally dubious. We understand that the ban stems from the fact that somebody's fragile ego was bruised.

We are presently in the age of Data and Smartphones. The 1999 Constitution stipulates human rights of citizens in Nigeria and provides for right to privacy and right to freedom of expression, right to freedom of association and assembly, and thought conscience and religion.

Yes, as expressed in DOKUBO -ASARI V. F.R.N. SC.208/ 2006, these right are not supreme but yet a Goverment body cannot derogate from these rights on its whims, where ever it does, such can be challenged in Court. We are a Nation of Laws and legal principles.


3. Doctrine of public forum and right of expression

A fundamental principle of Right to Freedom of expression is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more.

In Nigeria, on various occasions the Courts has protect the right speak in this context. A basic rule, for example, is that a street or park is a quintessential forum for the exercise of right tonfreedom.of expression. Even in the modern era, social media such as Twitter are places are essential venues for public gatherings to celebrate some views, to protest others, or simply to learn and inquire.
In this digital age, the most important place for the exchange of ideas today is “the vast democratic forums of the Internet and social media in particular. The internet is the modern public square, of the same.consequence with traditional public forums such as streets, town hall meetings or parks where speech has historically been granted the highest protection.

Furthermore, social.media apps suvjbas Twitter has been the most important places for the exchange of views, banning outrightly or suspending it without an exact law empower such is tantamount to infringing on the Constitutional right to freedom of expression.

Nigeria is a signatory to importantb international treaties that expressly provides that Social media is a right such African Declaration on Internet Rights and Freedoms, Universal Declaration of Human Rights, International Convention on Civil and Political Rights, International UN resolutions and instruments on cybersecurity. Any unilateral ban will violate rights of citizens both economic and social rights.


Conclusion
In conclusion, the decision of the federal Government as contained in the Minister of information's statement on the banning of Twitter amounts to gross violation of human rights. Such declaration itself is not law until it is exercised under an existing provision of our Laws, yet such cannot stand as it infringed on Constitutional Rights of the Citizens.



Opatola Victor Esq
adeopatola@gmail.com
09041815408
Nairaland / General / Your Office Rent Agreement: Legal Asset Or Liability by OpatolaEsq: 6:26am On May 14
The content of your Rent agreement or Lease agreement can be a liability to your business

How?

Renting or leasing a space or office is a major milestone for every business, yet many business owners rent office space, sign the lease agreement without getting a Lawyer to analyse the agreement and inform them of the liability the rent agreement will cost their business in future.

As a Business, your rent agreement must be in such a way that will favour your current business and possible future expansion, but certain clauses and covenants in a rent agreement can be a liability to your business growth and profit.

Below are some of the possible Rent clauses that will cause you liability:

1. Rates and charges:
Tenement rates,taxes and charges on the building, Electricity Bills that are in arrears before you rented the space, non recurrent expenses ( e.g electricity poll levy, transformer levy e.t.c) all these may be stipulated to be paid by the tenants. Once you sign,then you agree to pay and it becomes a liability to your business.

2. Restrictive Use Clause:
In most rent agreements there are clauses that can restrict your business from making any structural changes that might suit the specificity of your business.

This clause limits how you may use the space. Ideally, you would want to avoid severe restrictions on how you may use the commercial space. It is wise to broaden the use clause in way that will be much more favorable to your business than a restrictive one.

3. Re-Entry Clause:
Most Tenant agreement contains a Re-Entry clause. Which gives the landlord the right of forfeiture if the tenant breaches any term in the agreement. This can work against against your business. Instead, include a clause affording the tenant the opportunity to remedy any breach that may occur.

4. Rent Abatement clause:
This is a very important clause. Where the property is damaged (e.g where the roof is blown off by wind, or the wall falls of, or the property because naturally un-usable) there should be a clause that exempts your rent from counting within the duration in which the property is being re-installed.

Your rent should freeze until the property has been re-installed, and after the property has been fixed, your rent should now start counting.

Opatola Victor Esq
adeopatola@gmail.com
09041815408
Business / Re: Your Office Rent Agreement: Legal Asset Or Liability by OpatolaEsq: 6:17am On May 14
utepu:
Lawyer Kudos for good write-up.
Thank you.
Investment / Your Office Rent Agreement: Legal Asset Or Liability by OpatolaEsq: 6:17am On May 14
The content of your Rent agreement or Lease agreement can be a liability to your business

How?

Renting or leasing a space or office is a major milestone for every business, yet many business owners rent office space, sign the lease agreement without getting a Lawyer to analyse the agreement and inform them of the liability the rent agreement will cost their business in future.

As a Business, your rent agreement must be in such a way that will favour your current business and possible future expansion, but certain clauses and covenants in a rent agreement can be a liability to your business growth and profit.

Below are some of the possible Rent clauses that will cause you liability:

1. Rates and charges:
Tenement rates,taxes and charges on the building, Electricity Bills that are in arrears before you rented the space, non recurrent expenses ( e.g electricity poll levy, transformer levy e.t.c) all these may be stipulated to be paid by the tenants. Once you sign,then you agree to pay and it becomes a liability to your business.

2. Restrictive Use Clause:
In most rent agreements there are clauses that can restrict your business from making any structural changes that might suit the specificity of your business.

This clause limits how you may use the space. Ideally, you would want to avoid severe restrictions on how you may use the commercial space. It is wise to broaden the use clause in way that will be much more favorable to your business than a restrictive one.

3. Re-Entry Clause:
Most Tenant agreement contains a Re-Entry clause. Which gives the landlord the right of forfeiture if the tenant breaches any term in the agreement. This can work against against your business. Instead, include a clause affording the tenant the opportunity to remedy any breach that may occur.

4. Rent Abatement clause:
This is a very important clause. Where the property is damaged (e.g where the roof is blown off by wind, or the wall falls of, or the property because naturally un-usable) there should be a clause that exempts your rent from counting within the duration in which the property is being re-installed.

Your rent should freeze until the property has been re-installed, and after the property has been fixed, your rent should now start counting.

Opatola Victor Esq
adeopatola@gmail.com
09041815408
Business / Your Office Rent Agreement: Legal Asset Or Liability by OpatolaEsq: 6:06am On May 14
The content of your Rent agreement or Lease agreement can be a liability to your business

How?

Renting or leasing a space or office is a major milestone for every business, yet many business owners rent office space, sign the lease agreement without getting a Lawyer to analyse the agreement and inform them of the liability the rent agreement will cost their business in future.

As a Business, your rent agreement must be in such a way that will favour your current business and possible future expansion, but certain clauses and covenants in a rent agreement can be a liability to your business growth and profit.

Below are some of the possible Rent clauses that will cause you liability:

1. Rates and charges:
Tenement rates,taxes and charges on the building, Electricity Bills that are in arrears before you rented the space, non recurrent expenses ( e.g electricity poll levy, transformer levy e.t.c) all these may be stipulated to be paid by the tenants. Once you sign,then you agree to pay and it becomes a liability to your business.

2. Restrictive Use Clause:
In most rent agreements there are clauses that can restrict your business from making any structural changes that might suit the specificity of your business.

This clause limits how you may use the space. Ideally, you would want to avoid severe restrictions on how you may use the commercial space. It is wise to broaden the use clause in way that will be much more favorable to your business than a restrictive one.

3. Re-Entry Clause:
Most Tenant agreement contains a Re-Entry clause. Which gives the landlord the right of forfeiture if the tenant breaches any term in the agreement. This can work against against your business. Instead, include a clause affording the tenant the opportunity to remedy any breach that may occur.

4. Rent Abatement clause:
This is a very important clause. Where the property is damaged (e.g where the roof is blown off by wind, or the wall falls of, or the property because naturally un-usable) there should be a clause that exempts your rent from counting within the duration in which the property is being re-installed.

Your rent should freeze until the property has been re-installed, and after the property has been fixed, your rent should now start counting.

Opatola Victor Esq
adeopatola@gmail.com
09041815408
Nairaland / General / Re-opening Of Lekki Toll-gate: Panel Acted Against The Law. by OpatolaEsq: 1:29am On Feb 12
Recently, there has been a major uproar on the decision of the Lagos State Judicial Panel of inquiry on restitution and compensation of the victim of SARS related abuses and other related matter to allow and order the re-opening of the toll gate for business to continue.


While there has been the emotional argument of the fairness or not of that decision, there is the burning issue of the legal validity of the order made by the panel to re-open the consessionary business.


Does the Panel have such powers to order the Toll-Gate to commence business?


Is it within the confines and scope of the powers granted to it by the Lagos State Judicial panel of inquiry law, the instrument setting up the panel and the Lagos State judicial Panel of inquiry on restitution and compensation of the victim of SARS related abuses and other related matter proceedings rules?


In order to answer the above questions, a quick incursion will be made into the relevant laws and rules guiding the scope and duty of the panel. The tribunals of inquiry laws of Lagos state empowers the Governor of the State to constitute a panel of inquiry to "inquire into the conduct of any officer in the public service of the state or any officer in the local authority of the state... Or any matter in respect of which in the opinion of an inquiry will be for the public welfare"


The decision on the Re-Opening of the toll gate does not constitute an inquiry into the conduct of an officer of the State, or an officer in the public service of the state or an officer in the local of the state neither is it a department of public service.


Even if the above is to the negative, looking at section 15 of the Trubunals of inquiry laws of Lagos State, it shows that the duty of the tribunal is to make report and findings, inquiry and recommendation to the Governor. Section 15(2) now goes ahead to empower the Governor to, if necessary, make any such order on the recommendation of the panel,and such order once made will have effect as if it's the judgement of an High Court and maybe enforced accordingly.


Further more, the Rules of the Lagos State judicial Panel of enquiry on restituiton and compensation of the victim of SARS related abuses and other related matter, nothing empowers the panel to decide on anything other than SARS related abuses and any other matter so related. Section 20 provides that the Governor can retrict the powers of the panel, this shows that it cannot widen the scope beyond the Tribunal law.


The above goes to show that the panel cannot make such ruling or order it made in regards to the repetitive application to re-open the Lekki Toll Gate. It is beyond it's scope of powers. It is ultra-vires it's establishing law.


The shutting down of Lekki Toll gate was a government decision, the company ought to approach the court and not the panel for an order re-opening the toll gate.



In conclusion, the decision of the panel to grant the re-opening of the toll gate is a decision reached out of an over-reaching act.



Opatola Victor Esq.
adeopatola@gmail.com
09041815408
Politics / Re-opening Of Lekki Toll-gate: Panel Acted Against The Law. by OpatolaEsq: 1:16am On Feb 12
Recently, there has been a major uproar on the decision of the Lagos State Judicial Panel of inquiry on restitution and compensation of the victim of SARS related abuses and other related matter to allow and order the re-opening of the toll gate for business to continue.

While there has been the emotional argument of the fairness or not of that decision, there is the burning issue of the legal validity of the order made by the panel to re-open the consessionary business.

Does the Panel have such powers to order the Toll-Gate to commence business?


Is it within the confines and scope of the powers granted to it by the Lagos State Judicial panel of inquiry law, the instrument setting up the panel and the Lagos State judicial Panel of inquiry on restitution and compensation of the victim of SARS related abuses and other related matter proceedings rules?


In order to answer the above questions, a quick incursion will be made into the relevant laws and rules guiding the scope and duty of the panel. The tribunals of inquiry laws of Lagos state empowers the Governor of the State to constitute a panel of inquiry to "inquire into the conduct of any officer in the public service of the state or any officer in the local authority of the state... Or anyatter in respect of which in the opinion of an inquiry will be for the public welfare"


The delcision on the Re-Opening of the toll gate does not constitute an inquiry into the conduct of an officer of the State, or an officer in the public service of the state or an officer in the local of the state neither is it a department of public service.


Even if the above is to the negative, looking at section 15 of the Trubunals of inquiry laws of Lagos State, it shows that the duty of the tribunal is to make report and findings, inquiry and recommendation to the Governor. Section 15(2) now goes ahead to empower the Governor to, if necessary, make any such order on the recommendation of the panel,and such order once made will have effect as if it's the judgement of an High Court and maybe enforced accordingly.


Further more, the Rules of the Lagos State judicial Panel of enquiry on restituiton and compensation of the victim of SARS related abuses and other related matter, nothing empowers the panel to decide on anything other than SARS related abuses and any other matter so related. Section 20 provides that the Governor can retrict the powers of the panel, this shows that it cannot widen the scope scope beyond the Tribunal law.


The above goes to show that the panel cannot make such ruling or order it made in regards to the repetitive application to re-open the Lekki Toll Gate. It is beyond it's scope of powers. It is ultra-vires it's establishing law.


The shutting down of Lekki Toll gate was a government decision, the company ought to approach the court and not the panel for an order re-opening the toll gate.


In conclusion, the decision of the panel to grant the re-opening of the toll gate is a decision reached out of an over-reaching act.



Opatola Victor Esq.
adeopatola@gmail.com
09041815408

1 Like

Culture / I Was Named In A Will: So What Next? by OpatolaEsq: 7:37am On Jan 23
I was named in a will: so what next?



First, congratulations you made it to the final 11. Now what next?

Take a cup of cold water, relax and be patient, it might take a while. There are some intricate process involved.

*1. After the will is read, if the will stated the executors, then the executor starts work. If there is no Will or the Will did not state an executor, then an application is made to the Court to assign an executor.

After the will his read, the executor or administrator will make an application for probate. Where an application for Grant of probate is made, the the registrar waits for some months for objections or caveats to be filed.

The executor is expected to prove the Will. This means that it's due execution must be proved, even if the witnesses to the making of the Will have to be called in other to satisfy the registrar that the Will contains proper attestion before admitting it to probate.

Where the registrar is satisfied that the will was duly executed and that the maker of the will made it with knowledge of its content, the registrar will grant probate.

*2. Collation of the Estate: This is the identification, collection, collation and valuation of the deceased's assets, management of all estate assets.

Only after all of these matters have been addressed can the Executor/Administrator proceed to distribute the remaining assets to beneficiaries. Depending on the size of the estate, this process can take months, or, in many cases, one or more years to complete.

*3. Settlement of all just debts, liabilities and payment of necessary estate tax.

*4. Then the estate and properties can now be distributed to those entitled to it in the will

The distribution of the estate of the deceased to the beneficiaries might even be more delayed if the validity of the Will is contested.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408

1 Like

Business / I Was Named In A Will: So What Next? by OpatolaEsq: 7:00am On Jan 23
I was named in a will: so what next?



First, congratulations you made it to the final 11. Now what next?

Take a cup of cold water, relax and be patient, it might take a while. There are some intricate process involved.

*1. After the will is read, if the will stated the executors, then the executor starts work. If there is no Will or the Will did not state an executor, then an application is made to the Court to assign an executor.

After the will his read, the executor or administrator will make an application for probate. Where an application for Grant of probate is made, the the registrar waits for some months for objections or caveats to be filed.

The executor is expected to prove the Will. This means that it's due execution must be proved, even if the witnesses to the making of the Will have to be called in other to satisfy the registrar that the Will contains proper attestion before admitting it to probate.

Where the registrar is satisfied that the will was duly executed and that the maker of the will made it with knowledge of its content, the registrar will grant probate.

*2. Collation of the Estate: This is the identification, collection, collation and valuation of the deceased's assets, management of all estate assets.

Only after all of these matters have been addressed can the Executor/Administrator proceed to distribute the remaining assets to beneficiaries. Depending on the size of the estate, this process can take months, or, in many cases, one or more years to complete.

*3. Settlement of all just debts, liabilities and payment of necessary estate tax.

*4. Then the estate and properties can now be distributed to those entitled to it in the will

The distribution of the estate of the deceased to the beneficiaries might even be more delayed if the validity of the Will is contested.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408
Family / I Was Named In A Will: So What Next? by OpatolaEsq: 6:09am On Jan 23
I was named in a will: so what next?



First, congratulations you made it to the final 11. Now what next?

Take a cup of cold water, relax and be patient, it might take a while. There are some intricate process involved.

*1. After the will is read, if the will stated the executors, then the executor starts work. If there is no Will or the Will did not state an executor, then an application is made to the Court to assign an executor.

After the will his read, the executor or administrator will make an application for probate. Where an application for Grant of probate is made, the the registrar waits for some months for objections or caveats to be filed.

The executor is expected to prove the Will. This means that it's due execution must be proved, even if the witnesses to the making of the Will have to be called in other to satisfy the registrar that the Will contains proper attestion before admitting it to probate.

Where the registrar is satisfied that the will was duly executed and that the maker of the will made it with knowledge of its content, the registrar will grant probate.

*2. Collation of the Estate: This is the identification, collection, collation and valuation of the deceased's assets, management of all estate assets.

Only after all of these matters have been addressed can the Executor/Administrator proceed to distribute the remaining assets to beneficiaries. Depending on the size of the estate, this process can take months, or, in many cases, one or more years to complete.

*3. Settlement of all just debts, liabilities and payment of necessary estate tax.

*4. Then the estate and properties can now be distributed to those entitled to it in the will

The distribution of the estate of the deceased to the beneficiaries might even be more delayed if the validity of the Will is contested.

Opatola Victor Esq.

57 Likes 14 Shares

Family / I Was Named In A Will: So What Next? by OpatolaEsq: 5:56am On Jan 23
I was named in a will: so what next?



First, congratulations you made it to the final 11. Now what next?

Take a cup of cold water, relax and be patient, it might take a while. There are some intricate process involved.

*1. After the will is read, if the will stated the executors, then the executor starts work. If there is no Will or the Will did not state an executor, then an application is made to the Court to assign an executor.

After the will his read, the executor or administrator will make an application for probate. Where an application for Grant of probate is made, the the registrar waits for some months for objections or caveats to be filed.

The executor is expected to prove the Will. This means that it's due execution must be proved, even if the witnesses to the making of the Will have to be called in other to satisfy the registrar that the Will contains proper attestion before admitting it to probate.

Where the registrar is satisfied that the will was duly executed and that the maker of the will made it with knowledge of its content, the registrar will grant probate.

*2. Collation of the Estate: This is the identification, collection, collation and valuation of the deceased's assets, management of all estate assets.

Only after all of these matters have been addressed can the Executor/Administrator proceed to distribute the remaining assets to beneficiaries. Depending on the size of the estate, this process can take months, or, in many cases, one or more years to complete.

*3. Settlement of all just debts, liabilities and payment of necessary estate tax.

*4. Then the estate and properties can now be distributed to those entitled to it in the will

The distribution of the estate of the deceased to the beneficiaries might even be more delayed if the validity of the Will is contested.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408
Investment / I Was Named In A Will: So What Next? by OpatolaEsq: 5:47am On Jan 23
First, congratulations you made it to the final 11. Now what next?

Take a cup of cold water, relax and be patient, it might take a while. There are some intricate process involved.

*1. After the will is read, if the will stated the executors, then the executor starts work. If there is no Will or the Will did not state an executor, then an application is made to the Court to assign an executor.

After the will his read, the executor or administrator will make an application for probate. Where an application for Grant of probate is made, the the registrar waits for some months for objections or caveats to be filed.

The executor is expected to prove the Will. This means that it's due execution must be proved, even if the witnesses to the making of the Will have to be called in other to satisfy the registrar that the Will contains proper attestion before admitting it to probate.

Where the registrar is satisfied that the will was duly executed and that the maker of the will made it with knowledge of its content, the registrar will grant probate.

*2. Collation of the Estate: This is the identification, collection, collation and valuation of the deceased's assets, management of all estate assets.

Only after all of these matters have been addressed can the Executor/Administrator proceed to distribute the remaining assets to beneficiaries. Depending on the size of the estate, this process can take months, or, in many cases, one or more years to complete.

*3. Settlement of all just debts, liabilities and payment of necessary estate tax.

*4. Then the estate and properties can now be distributed to those entitled to it in the will

The distribution of the estate of the deceased to the beneficiaries might even be more delayed if the validity of the Will is contested.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408
Nairaland / General / Protection For Founders: How To Maintain Ownership And Control Of Your Business. by OpatolaEsq: 4:35am On Jan 16
So your startup has turned out fine, your struggle has just started because alot of people get kicked off the control of their company.


So how do you maintain control of your company, the company you built from the scratch?

The rule is simple

Many people ask me, how can I keep being in charge of my company.

There are 3 simple ways for you to be in charge of your company, except for sectors with tenure regulations for the CEO.


1. Control the Board of Director: You can be the CEO, but you are answerable to the Board of Directors. The truth is that they can remove you as the CEO with a simple majority vote. If there are 5 spot on the board, control the majority.



2. Keep your eyes on the shares: Don't joke with your shares in quantity and value. There are different classes of shares, thread carefully with things such as shares dilution. This is not easy especially for businesses who raises funds from investors. You will need your Lawyers for all these.

That you have a large control of shares does not actually mean that your shares give you control of the affairs of the company in the true sense of things, because their are different classes of shares and the values attached to them are different.



3. Keep your friends and enemies close but keep your Lawyers closer and on speed dial. A little fine print on a contract can undo you, quite easily. Even more, there are certain terms that need not be included in the contravt not contained in the contract, which are regarded as customs of trade. They have been observed for years and years in your line of business, these are also dangerous.




Opatola Victor Esq
adeopatola@gmail.com
09041815408
Investment / Protection For Founders: How To Maintain Ownership And Control Of Your Business. by OpatolaEsq: 4:25am On Jan 16
So your startup has turned out fine, your struggle has just started because alot of people get kicked off the control of their company.


So how do you maintain control of your company, the company you built from the scratch?

The rule is simple

Many people ask me, how can I keep being in charge of my company.

There are 3 simple ways for you to be in charge of your company, except for sectors with tenure regulations for the CEO.


1. Control the Board of Director: You can be the CEO, but you are answerable to the Board of Directors. The truth is that they can remove you as the CEO with a simple majority vote. If there are 5 spot on the board, control the majority.



2. Keep your eyes on the shares: Don't joke with your shares in quantity and value. There are different classes of shares, thread carefully with things such as shares dilution. This is not easy especially for businesses who raises funds from investors. You will need your Lawyers for all these.

That you have a large control of shares does not actually mean that your shares give you control of the affairs of the company in the true sense of things, because their are different classes of shares and the values attached to them are different.



3. Keep your friends and enemies close but keep your Lawyers closer and on speed dial. A little fine print on a contract can undo you, quite easily. Even more, there are certain terms that need not be included in the contravt not contained in the contract, which are regarded as customs of trade. They have been observed for years and years in your line of business, these are also dangerous.




Opatola Victor Esq
adeopatola@gmail.com
09041815408
Culture / When Women Benefits From Patriarchy. by OpatolaEsq: 6:42am On Jan 12
When women benefits from Patriarchy.



Patriachy system has been painted in a way that shows that it only benefits men and women don't benefit from it. This is false.

Patriarchy system has been painted as if it is not a disadvantage for men themselves. This is false.

----------

I believe that the Women folks were part of those who systematically built and sustain the patriachy system, and that there is a reason behind it.

They contributed immensely to building and sustaining it because they benefited from it.

----------
Who is most likely to influence the world view and formation of the Child? The Mother or the Father?

For instance, you raise two children, male(Victor) and female(Bridget), and you raised them differently. With different responsibilities and expectations.

You raised them to believe one has to shoulder the responsibilities and protect the other.

You raised them to believe that Bridget(female) can cry and get sympathy, while for Victor it is weekness to even cry or show emotions. When he cries nobody even looks at him. Nobody cares to see his pain. You show emotions and you are ON YOUR OWN.

Be a man.
He must suck it up and be a man. The society doesn't care about him.

You raised one to believe that he was born to care, cater, defend and provide for the other(female) with everything he has, can muster or borrow.

Yet, you turn around to insult patriarchy everytime it only doesn't suit you.

----------

What about when patriarchy suits the women.

What about when they benefit immersely from the patriarchy system they built.


Castigating a structure when it is against you and keeping mute when it benefits you is hypocrisy. If you want to tear it down, fine!

It is fine to tear down partriachy.

Only tear it down totally.

Tear it down with all it's vestige of benefits, advantages and disdvantages you derive from it.

Tear it down totally with all the pressure on the man to do this or do that.

Tear it down totally with the society pressure that comes with been a man.

What am I not saying? I am not advocating that partriachy should be maintained because of the advantages it gives to women.

I know some persons will come to say there is no advantage for women in partriachy,
You can say what you want, so far it makes you sleep well at night.




Written by
Opatola Victor

1 Like

Family / When Women Benefits From Patriarchy. by OpatolaEsq: 6:30am On Jan 12
When women benefits from Patriarchy.



Patriachy system has been painted in a way that shows that it only benefits men and women don't benefit from it. This is false.

Patriarchy system has been painted as if it is not a disadvantage for men themselves. This is false.

----------

I believe that the Women folks were part of those who systematically built and sustain the patriachy system, and that there is a reason behind it.

They contributed immensely to building and sustaining it because they benefited from it.

----------
Who is most likely to influence the world view and formation of the Child? The Mother or the Father?

For instance, you raise two children, male(Victor) and female(Bridget), and you raised them differently. With different responsibilities and expectations.

You raised them to believe one has to shoulder the responsibilities and protect the other.

You raised them to believe that Bridget(female) can cry and get sympathy, while for Victor it is weekness to even cry or show emotions. When he cries nobody even looks at him. Nobody cares to see his pain. You show emotions and you are ON YOUR OWN.

Be a man.
He must suck it up and be a man. The society doesn't care about him.

You raised one to believe that he was born to care, cater, defend and provide for the other(female) with everything he has, can muster or borrow.

Yet, you turn around to insult patriarchy everytime it only doesn't suit you.

----------

What about when patriarchy suits the women.

What about when they benefit immersely from the patriarchy system they built.


Castigating a structure when it is against you and keeping mute when it benefits you is hypocrisy. If you want to tear it down, fine!

It is fine to tear down partriachy.

Only tear it down totally.

Tear it down with all it's vestige of benefits, advantages and disdvantages you derive from it.

Tear it down totally with all the pressure on the man to do this or do that.

Tear it down totally with the society pressure that comes with been a man.

What am I not saying? I am not advocating that partriachy should be maintained because of the advantages it gives to women.

I know some persons will come to say there is no advantage for women in partriachy,
You can say what you want, so far it makes you sleep well at night.




Written by
Opatola Victor

Romance / When Women Benefits From Patriarchy. by OpatolaEsq: 6:21am On Jan 12
Patriachy system has been painted in a way that shows that it only benefits men and women don't benefit from it. This is false.

Patriarchy system has been painted as if it is not a disadvantage for men themselves. This is false.

----------

I believe that the Women folks were part of those who systematically built and sustain the patriachy system, and that there is a reason behind it.

They contributed immensely to building and sustaining it because they benefited from it.

----------
Who is most likely to influence the world view and formation of the Child? The Mother or the Father?

For instance, you raise two children, male(Victor) and female(Bridget), and you raised them differently. With different responsibilities and expectations.

You raised them to believe one has to shoulder the responsibilities and protect the other.

You raised them to believe that Bridget(female) can cry and get sympathy, while for Victor it is weekness to even cry or show emotions. When he cries nobody even looks at him. Nobody cares to see his pain. You show emotions and you are ON YOUR OWN.

Be a man.
He must suck it up and be a man. The society doesn't care about him.

You raised one to believe that he was born to care, cater, defend and provide for the other(female) with everything he has, can muster or borrow.

Yet, you turn around to insult patriarchy everytime it only doesn't suit you.

----------

What about when patriarchy suits the women.

What about when they benefit immersely from the patriarchy system they built.


Castigating a structure when it is against you and keeping mute when it benefits you is hypocrisy. If you want to tear it down, fine!

It is fine to tear down partriachy.

Only tear it down totally.

Tear it down with all it's vestige of benefits, advantages and disdvantages you derive from it.

Tear it down totally with all the pressure on the man to do this or do that.

Tear it down totally with the society pressure that comes with been a man.

What am I not saying? I am not advocating that partriachy should be maintained because of the advantages it gives to women.

I know some persons will come to say there is no advantage for women in partriachy,
You can say what you want, so far it makes you sleep well at night.




Written by
Opatola Victor

3 Likes

Investment / Can A CEO Date An Employee: A Legal Perspective by OpatolaEsq: 7:32am On Jan 06
By Opatola Victor Esq.


Relationship in workplace is common. Workplace romance has remained a hot bed, for employees and even the company, in regards to liabilities. The issue of whether or not such employee's job can be terminated and how it can be terminated to minimize liability has been a legal issue. Risk of the company can range from sexual harassment suit to unfair termination suit. Employers can be held strictly liable for sexual harassment of an employee in the firm as seen in the locus classicus case of Ejike Maduka v. Microsoft & Ors, where the court, in respect of workplace sexual harassment, held liable, both the sexual harasser and also the employer and the company liable for vicarious liability for sexual harassment perpetrated against its employee.


Can a company regulate work place romance?
Businesses and companies are looking for ingenious ways to limit work place romance, especially where such relationship muddies the water of professionalism and fetters the discretion of employees; most especially where it opens the company to sexual harassment lawsuit or any other form of discrimination lawsuit. As ironic as it seems that an employer company who is not even directly involved or partook in a sexual harassment can be held vicariously liable for the acts of its employee.
There are numerous ways in which a company can regulate workplace relationship/ employee dating policy, such as creating a work place dating/relationship policy. Where a company has a written Policy on Employee dating, then an employee’s job can be rightly terminated by the company for the violation of the policy.


Does your company need an employee dating policy?

Let’s face it; work place romance can be dirty if not handled properly. The drama, the emotions, bickering, drop in productivity and bad publicity makes it not always succeed and it is sometimes bad for company image and business, especially when it gets messy.

Work place romance policy is guidelines for employees to follow when they are romantically or sexually involved with a colleague.
The policy does not mean that employees cannot date each other - that will be futile. It sets a company standard for acceptable behavior and company culture when colleagues in a company date each other.

The purpose of this policy is not to create unnecessary clog for colleagues to date each other but to limit problems and liability of the company. The policy provides for acceptable behaviors when dating an employee and after they stop dating

Work place Romance Policy makes it easier for the company to lay off a staff, when it can prove that such employee engaged in such romance in contravention of the policy.


Legal Conflict: Employees Right to Privacy and Employers interest

In Nigeria, right to Privacy is constitutionally backed. The legal position on Company dating policy can sometimes clash with employees’ constitutional right to privacy in not properly drafted. Section 37 of the 1999 Constitution. The provision of this Section can be a wide net, employers are caught by the provision of this section and they are to respect the right of privacy of employee to his personal life. The argument is that employee’s dating and romance life is his/her private business and that the company has no power to regulate it in any way. That if an employee has a right to engage in private sexual activity, then a relationship with a co-worker is a private activity and is protect under his right. The employer’s argument is that truly, the employee has right to his personal life only to the extent that it does not interfere with the company’s business or cause liability for the company; and the company’s dating policy does not ban workplace dating or romance, it only regulates it as to how it should not affect the business of the company. The solution lies in the skillful drafting of such company dating policy to ensure that it doesn’t encroach of the right of the employee to privacy.



Opatola Victor
adeopatola@gmail.com
09041815408
Romance / Can A CEO Date An Employee: A Legal Perspective by OpatolaEsq: 7:06am On Jan 06
Can a CEO date an employee: A Legal Perspective
Opatola Victor Esq.

Relationship in workplace is common. Workplace romance has remained a hot bed, for employees and even the company, in regards to liabilities. The issue of whether or not such employee's job can be terminated and how it can be terminated to minimize liability has been a legal issue. Risk of the company can range from sexual harassment suit to unfair termination suit. Employers can be held strictly liable for sexual harassment of an employee in the firm as seen in the locus classicus case of Ejike Maduka v. Microsoft & Ors, where the court, in respect of workplace sexual harassment, held liable, both the sexual harasser and also the employer and the company liable for vicarious liability for sexual harassment perpetrated against its employee.

Can a company regulate work place romance?
Businesses and companies are looking for ingenious ways to limit work place romance, especially where such relationship muddies the water of professionalism and fetters the discretion of employees; most especially where it opens the company to sexual harassment lawsuit or any other form of discrimination lawsuit. As ironic as it seems that an employer company who is not even directly involved or partook in a sexual harassment can be held vicariously liable for the acts of its employee.
There are numerous ways in which a company can regulate workplace relationship/ employee dating policy, such as creating a work place dating/relationship policy. Where a company has a written Policy on Employee dating, then an employee’s job can be rightly terminated by the company for the violation of the policy.

Does your company need an employee dating policy?
Let’s face it; work place romance can be dirty if not handled properly. The drama, the emotions, bickering, drop in productivity and bad publicity makes it not always succeed and it is sometimes bad for company image and business, especially when it gets messy.
Work place romance policy is guidelines for employees to follow when they are romantically or sexually involved with a colleague.
The policy does not mean that employees cannot date each other - that will be futile. It sets a company standard for acceptable behavior and company culture when colleagues in a company date each other
The purpose of this policy is not to create unnecessary clog for colleagues to date each other but to limit problems and liability of the company. The policy provides for acceptable behaviors when dating an employee and after they stop dating

Work place Romance Policy makes it easier for the company to lay off a staff, when it can prove that such employee engaged in such romance in contravention of the policy.

Legal Conflict: Employees Right to Privacy and Employers interest
In Nigeria, right to Privacy is constitutionally backed. The legal position on Company dating policy can sometimes clash with employees’ constitutional right to privacy in not properly drafted. Section 37 of the 1999 Constitution. The provision of this Section can be a wide net, employers are caught by the provision of this section and they are to respect the right of privacy of employee to his personal life. The argument is that employee’s dating and romance life is his/her private business and that the company has no power to regulate it in any way. That if an employee has a right to engage in private sexual activity, then a relationship with a co-worker is a private activity and is protect under his right. The employer’s argument is that truly, the employee has right to his personal life only to the extent that it does not interfere with the company’s business or cause liability for the company; and the company’s dating policy does not ban workplace dating or romance, it only regulates it as to how it should not affect the business of the company. The solution lies in the skillful drafting of such company dating policy to ensure that it doesn’t encroach of the right of the employee to privacy.

Opatola Victor
adeopatola@gmail.com
09041815408

1 Like

Nairaland / General / Can A CEO Date An Employee: A Legal Perspective by OpatolaEsq: 6:57am On Jan 06
By Opatola Victor Esq.


Relationship in workplace is common. Workplace romance has remained a hot bed, for employees and even the company, in regards to liabilities. The issue of whether or not such employee's job can be terminated and how it can be terminated to minimize liability has been a legal issue. Risk of the company can range from sexual harassment suit to unfair termination suit. Employers can be held strictly liable for sexual harassment of an employee in the firm as seen in the locus classicus case of Ejike Maduka v. Microsoft & Ors, where the court, in respect of workplace sexual harassment, held liable, both the sexual harasser and also the employer and the company liable for vicarious liability for sexual harassment perpetrated against its employee.


Can a company regulate work place romance?
Businesses and companies are looking for ingenious ways to limit work place romance, especially where such relationship muddies the water of professionalism and fetters the discretion of employees; most especially where it opens the company to sexual harassment lawsuit or any other form of discrimination lawsuit. As ironic as it seems that an employer company who is not even directly involved or partook in a sexual harassment can be held vicariously liable for the acts of its employee.
There are numerous ways in which a company can regulate workplace relationship/ employee dating policy, such as creating a work place dating/relationship policy. Where a company has a written Policy on Employee dating, then an employee’s job can be rightly terminated by the company for the violation of the policy.


Does your company need an employee dating policy?

Let’s face it; work place romance can be dirty if not handled properly. The drama, the emotions, bickering, drop in productivity and bad publicity makes it not always succeed and it is sometimes bad for company image and business, especially when it gets messy.

Work place romance policy is guidelines for employees to follow when they are romantically or sexually involved with a colleague.
The policy does not mean that employees cannot date each other - that will be futile. It sets a company standard for acceptable behavior and company culture when colleagues in a company date each other

The purpose of this policy is not to create unnecessary clog for colleagues to date each other but to limit problems and liability of the company. The policy provides for acceptable behaviors when dating an employee and after they stop dating

Work place Romance Policy makes it easier for the company to lay off a staff, when it can prove that such employee engaged in such romance in contravention of the policy.

Legal Conflict: Employees Right to Privacy and Employers interest

In Nigeria, right to Privacy is constitutionally backed. The legal position on Company dating policy can sometimes clash with employees’ constitutional right to privacy in not properly drafted. Section 37 of the 1999 Constitution. The provision of this Section can be a wide net, employers are caught by the provision of this section and they are to respect the right of privacy of employee to his personal life. The argument is that employee’s dating and romance life is his/her private business and that the company has no power to regulate it in any way. That if an employee has a right to engage in private sexual activity, then a relationship with a co-worker is a private activity and is protect under his right. The employer’s argument is that truly, the employee has right to his personal life only to the extent that it does not interfere with the company’s business or cause liability for the company; and the company’s dating policy does not ban workplace dating or romance, it only regulates it as to how it should not affect the business of the company. The solution lies in the skillful drafting of such company dating policy to ensure that it doesn’t encroach of the right of the employee to privacy.



Opatola Victor
adeopatola@gmail.com
09041815408

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