.

Many people wants change, even if they can't participate in it themselves. Not everybody can be on the street, but everybody can join in the protest. Here are 7 ways to join in the protest from your home or office.


1. Donate supplies(face mask, sanitizers, bottle water, first-aid box) , money, food and your professional time (e.g lawyers, Doctors, media influencers e.t.c) to protesters on the street.


2. Remain in close phone and chat contact with family members on the street protesting. Offer to be an emergency contact to / for those on the protest ground.


3. Sign and pass petitions around on social media to your friends and family.


4. Be Social media Active: Tweet. Retweet. Write. Make a post. Keep the discussion alive and active. Write a poem. Do something online to further the cause of the protest. Do you and get the message out there.


5. Shelter for protesters: You can mark your house as a safe place of shelter for protesters.


6. Start your own online/Virtual protest. Zoom, Facebooklive or IGLive has been used for virtual protest all over the world by people who can't go out to the protest ground to join in the physical protest. So start an virtual protest today and your bit.

7. Educate: Educate yourself, your children and others better about what the protest seeks to achieve. The purport, aim and
objective of the protest.



Opatola Victor Esq.
adeopatola@gmail.com
09041815408, 07069687425

We live in a world where everybody wants a cut . A cut in the business, a cut in the money or a cut for facilitating a deal or contract.

A Non-circumvention Agreement helps to ensure that a party is not passed over in a transaction. That you get your cut.

This is a Legal agreement used to prevent the possibility that a party or a group of persons will be passed over in a transaction or cutting them out of a business transaction, in a way that they are not paid or compensated for their labour or as agreed.

In short, signing a non-circumvent agreement, it restricts parties from conspiring with each other to cut out a third party from the deal.

Upon signing a non-circumvent agreement, It ensures that the business or person who was circumvented or passed over will receive full compensation for its contribution. In the event that a non-circumvention agreement is breached, the non-breaching party can sue for damages.

You should consider a non-circumvention agreement where you are working with a party you cannot totally trust or where you just want to be on a safe side.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

We live in a world where everybody wants a cut . A cut in the business, a cut in the money or a cut for facilitating a deal or contract.

A Non-circumvention Agreement helps to ensure that a party is not passed over in a transaction. That you get your cut.

This is a Legal agreement used to prevent the possibility that a party or a group of persons will be passed over in a transaction or cutting them out of a business transaction, in a way that they are not paid or compensated for their labour or as agreed.

In short, signing a non-circumvent agreement, it restricts parties from conspiring with each other to cut out a third party from the deal.

Upon signing a non-circumvent agreement, It ensures that the business or person who was circumvented or passed over will receive full compensation for its contribution. In the event that a non-circumvention agreement is breached, the non-breaching party can sue for damages.

You should consider a non-circumvention agreement where you are working with a party you cannot totally trust or where you just want to be on a safe side.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

We live in a world where everybody wants a cut . A cut in the business, a cut in the money or a cut for facilitating a deal or contract.

A Non-circumvention Agreement helps to ensure that a party is not passed over in a transaction. That you get your cut.

This is a Legal agreement used to prevent the possibility that a party or a group of persons will be passed over in a transaction or cutting them out of a business transaction, in a way that they are not paid or compensated for their labour or as agreed.

In short, signing a non-circumvent agreement, it restricts parties from conspiring with each other to cut out a third party from the deal.

Upon signing a non-circumvent agreement, It ensures that the business or person who was circumvented or passed over will receive full compensation for its contribution. In the event that a non-circumvention agreement is breached, the non-breaching party can sue for damages.

You should consider a non-circumvention agreement where you are working with a party you cannot totally trust or where you just want to be on a safe side.

Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

Stories abound of Business owners who were cheated out of their company and their shares made useless. Imagine sleeping with 40% shares of a company and waking up to 10% shares. Welcome to shares dilution, ask Paul Allen, co-founder of Microsoft.


Equity dilution occurs where a company issues new shares to investors and when holders of stock options exercise their right to purchase stock. With more shares in the hands of more people, each existing holder of common stock owns a smaller or diluted percentage of the company.


One of the easiest way to make a Co-Founders Shares useless or lesser is through shares dilution or Equity Dilution. Founders start out with 100% of the company and every time they raise capital and/or issue stock and options to their management team, that number goes down.

Example:
Exampy 1:. If you owned 50% of a company valued at $2M, your stake would be worth $1, 000, 000K. If you get diluted by 20% by issuing new shares and the value of the company stayed the same, your stake would be worth $800K. So your stake is worth $200K (20%) less than it was.


Example 2: If a company initially issues 100 shares, and shareholder A owns 10 shares, they hold 10% relative ownership in the company.

However, if in a second round of investment the company issues a further 100 new shares, shareholder A will now hold 5% relative ownership of the company’s new total issued share capital of 200 shares. This is known as percentage dilution.

As with most things, equity dilution has both positive and negative sides, but founders and investors should be weary of the negative effects.


In the next post I will be discussing about you can prevent share dilution or make it work in your favour.





Opatola Victor
adeopatola@gmail.com
09041815408 , 07069687425

Stories abound of Business owners who were cheated out of their company and their shares made useless. Imagine sleeping with 40% shares of a company and waking up to 10% shares. Welcome to shares dilution, ask Paul Allen, co-founder of Microsoft.


Equity dilution occurs where a company issues new shares to investors and when holders of stock options exercise their right to purchase stock. With more shares in the hands of more people, each existing holder of common stock owns a smaller or diluted percentage of the company.


One of the easiest way to make a Co-Founders Shares useless or lesser is through shares dilution or Equity Dilution. Founders start out with 100% of the company and every time they raise capital and/or issue stock and options to their management team, that number goes down.

Example:
Exampy 1:. If you owned 50% of a company valued at $2M, your stake would be worth $1, 000, 000K. If you get diluted by 20% by issuing new shares and the value of the company stayed the same, your stake would be worth $800K. So your stake is worth $200K (20%) less than it was.


Example 2: If a company initially issues 100 shares, and shareholder A owns 10 shares, they hold 10% relative ownership in the company.

However, if in a second round of investment the company issues a further 100 new shares, shareholder A will now hold 5% relative ownership of the company’s new total issued share capital of 200 shares. This is known as percentage dilution.

As with most things, equity dilution has both positive and negative sides, but founders and investors should be weary of the negative effects.


In the next post I will be discussing about you can prevent share dilution or make it work in your favour.





Opatola Victor
adeopatola@gmail.com
09041815408 , 07069687425

Stories abound of Business owners who were cheated out of their company and their shares made useless. Imagine sleeping with 40% shares of a company and waking up to 10% shares. Welcome to shares dilution, ask Paul Allen, co-founder of Microsoft.


Equity dilution occurs where a company issues new shares to investors and when holders of stock options exercise their right to purchase stock. With more shares in the hands of more people, each existing holder of common stock owns a smaller or diluted percentage of the company.


One of the easiest way to make a Co-Founders Shares useless or lesser is through shares dilution or Equity Dilution. Founders start out with 100% of the company and every time they raise capital and/or issue stock and options to their management team, that number goes down.

Example:
Exampy 1:. If you owned 50% of a company valued at $2M, your stake would be worth $1, 000, 000K. If you get diluted by 20% by issuing new shares and the value of the company stayed the same, your stake would be worth $800K. So your stake is worth $200K (20%) less than it was.


Example 2: If a company initially issues 100 shares, and shareholder A owns 10 shares, they hold 10% relative ownership in the company.

However, if in a second round of investment the company issues a further 100 new shares, shareholder A will now hold 5% relative ownership of the company’s new total issued share capital of 200 shares. This is known as percentage dilution.

As with most things, equity dilution has both positive and negative sides, but founders and investors should be weary of the negative effects.


In the next post I will be discussing about you can prevent share dilution or make it work in your favour.





Opatola Victor
adeopatola@gmail.com
09041815408 , 07069687425

Co-Founders relationship is like marriage, Love is not enough. Not all business partnership live happily ever after. Even those that live happily after, there are clear cut responsibilities, profits and liabilties for each of the founders


Business environment, especially here in Nigeria, can be brutal and frustrating, from personality difference to conflicting views on business strategy, long hours, limited cash can further cause problems.


Every business Lawyer will tell you for free that Business breakups are not the most pleasant of things, much more breakups between founders without a Co-Founders agreement. It may be messy for all involved, the founders, the investors and employees.


No investor worth his salt will invest in a co-founded business without a Co-Founders agreement between the founders.
E get why......

It is never too early to have a Co-Founder Agreement. With consent of the parties, it can be revised or re-written as time progresses.


A standard Co-Founder Agreements always have a vesting schedule. The standard vesting schedule is for four years with 13 month cliff period, and then monthly or quarterly depending on the agreement.

Explanation:
12 months cliff period means that a co founder will not be entitled to any shares until the first anniversary of the business.

This means that the founders have to put in efforts and contribution into the company for atleast one year for their first equity; and a monthly or quarterly increase thereafter.


LEAVER CLAUSE
Also important is the LEAVER CLAUSE.
What will happen to the shares of a Co-Founder who leaves before the a particular number of years e.g 5 years.
What will happen if a Co-Founder leaves to go and startup or join a competiting business.

This clause should cover all possible exit scenarios that is humanly conceivable.

All these makes a Co-Founder agreement a wisdom and a necessity in any business partnership.






Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

Co-Founders relationship is like marriage, Love is not enough. Not all business partnership live happily ever after. Even those that live happily after, there are clear cut responsibilities, profits and liabilties for each of the founders


Business environment, especially here in Nigeria, can be brutal and frustrating, from personality difference to conflicting views on business strategy, long hours, limited cash can further cause problems.


Every business Lawyer will tell you for free that Business breakups are not the most pleasant of things, much more breakups between founders without a Co-Founders agreement. It may be messy for all involved, the founders, the investors and employees.


No investor worth his salt will invest in a co-founded business without a Co-Founders agreement between the founders.
E get why......

It is never too early to have a Co-Founder Agreement. With consent of the parties, it can be revised or re-written as time progresses.


A standard Co-Founder Agreements always have a vesting schedule. The standard vesting schedule is for four years with 13 month cliff period, and then monthly or quarterly depending on the agreement.

Explanation:
12 months cliff period means that a co founder will not be entitled to any shares until the first anniversary of the business.

This means that the founders have to put in efforts and contribution into the company for atleast one year for their first equity; and a monthly or quarterly increase thereafter.


LEAVER CLAUSE
Also important is the LEAVER CLAUSE.
What will happen to the shares of a Co-Founder who leaves before the a particular number of years e.g 5 years.
What will happen if a Co-Founder leaves to go and startup or join a competiting business.

This clause should cover all possible exit scenarios that is humanly conceivable.

All these makes a Co-Founder agreement a wisdom and a necessity in any business partnership.






Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

Co-Founders relationship is like marriage, Love is not enough. Not all business partnership live happily ever after. Even those that live happily after, there are clear cut responsibilities, profits and liabilties for each of the founders


Business environment, especially here in Nigeria, can be brutal and frustrating, from personality difference to conflicting views on business strategy, long hours, limited cash can further cause problems.


Every business Lawyer will tell you for free that Business breakups are not the most pleasant of things, much more breakups between founders without a Co-Founders agreement. It may be messy for all involved, the founders, the investors and employees.


No investor worth his salt will invest in a co-founded business without a Co-Founders agreement between the founders.
E get why......

It is never too early to have a Co-Founder Agreement. With consent of the parties, it can be revised or re-written as time progresses.


A standard Co-Founder Agreements always have a vesting schedule. The standard vesting schedule is for four years with 13 month cliff period, and then monthly or quarterly depending on the agreement.

Explanation:
12 months cliff period means that a co founder will not be entitled to any shares until the first anniversary of the business.

This means that the founders have to put in efforts and contribution into the company for atleast one year for their first equity; and a monthly or quarterly increase thereafter.


LEAVER CLAUSE
Also important is the LEAVER CLAUSE.
What will happen to the shares of a Co-Founder who leaves before the a particular number of years e.g 5 years.
What will happen if a Co-Founder leaves to go and startup or join a competiting business.

This clause should cover all possible exit scenarios that is humanly conceivable.

All these makes a Co-Founder agreement a wisdom and a necessity in any business partnership.






Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

Aristo3146:
Raising money to fund a project does not amount to spending. The process of issuing bonds takes a long period of time. The aim is to raise the money to finance those projects in the next budget and that's what a proactive govt should do.

Raise money this year to finance a provision of a budget next year?

You can only raise budget to finance a content of a passed budget.

Also even the mere act of raising money to find a project not included in the budget is illegal considering the provisions of the Constituion stated above.

meetme01:
You just to jump so fast and run faster than your shadow.

The headline says, Oyo State to raise 100 billion bond not Oyo State has received 100 billion bond.

The SEC will approve it then send it to the HOS for approval before it goes to the market. That's how it works.

Don't just a news and start analyzing without getting your facts right. That's one of our major problems in this country.


Ojo described the bond to be raised by the Makinde administration as cheaper than that of former Abiola Ajimobi led administration got at about 16 and a half percent interest rate with about five and a half percent as fees

NB I am not from Oyo. I just love any youth in governance.

The process of Bond is different. You go to the House of Assembly to seek approval before you raise the bond. It is a fundamental requirement by Law.

Even with the House approval it is still Illegal because legislative approval alone will not suffice, so far it is not included in the year's budget. For it to be Legal the House must include and capture the projects in the budget through a supplementary Appropriation Law.

Oyo State Government does not necessarily need to receive the money first before violating the provisions cited in the article above. The mere fact that it has taken positive steps towards raising of the Bond is enough.

Recently, the Oyo State Governement raised a Bond of 100 Billion Naira for the funding of the following projects: 1. Iseyin - Ogbomoso Road 2. Ibadan Airport Upgrade 3. Ibadan Dry Port and Ibadan Rail corridor 4. Ibadan Ring road.

It is of no doubt that the aim behind these projects are lofty and good intentioned; but the biting Legal question is that: Can Oyo State Governement raise a Bond for a Project not contained in the Budget or properly appropriated for under the Law?


Having perused through the Oyo State 2020 Appropriation Law and Looking at the relevant provisons of the Constitution, the decision to raise Bond to spend on the projects are Illegal.
Public money should be spent only according to the provisions and stipulation of the Law. The budget of every state is a Law on its own, passed by the Legislature. This ensures that legal control and public accountability are properly enforced.

When State Government raises bonds, or borrows funds, it is public money because it is the people that will still pay for it.
Section 120 to 129 of the 1999 Constitution [/b]of Nigeria provides for Powers and Control over public fund. This is found under Part II (House of Assembly of a State) of Chapter V (The Legislature) of the 1999 Constitution (as Amended).

Going by the above provisons, a State government cannot spend any money outside of the budget of the State. Any project not included in the State Appropriation Law cannot be funded by the State except through the stipulated procedure of the Law e.g through section 122(where the budget is not yet passed), 123 (contingency fund) or through supplementary Appropriation Law.




[b]Section 120 of the Nigerian 1999 Constitution
Establishment of Consolidated Revenue Fund

(1) All revenues or other money raised or received by a State (not being revenues or other moneys payable under this Constitution or any Law of a House of Assembly into any other public fund of the State established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the State.
(2) No money shall be withdrawn from the Consolidated Revenue Fund of the State except to meet expenditure that is charged upon the Fund by this Constitution or where the issue of those moneys has been authorised by an Appropriation Law, Supplementary Appropriation Law or Law passed in pursuance of section 121 of this Constitution.
(3) No money shall be withdrawn from any public fund of the State, other than the Consolidated Revenue Fund of the State, unless the issue of those moneys has been authorised by a Law of the House of Assembly of the State.
(4) No money shall be withdrawn from the Consolidated Revenue Fund of the State or any other public fund of the State except in the manner prescribed by the House of Assembly.




Section 121 of the Nigerian 1999 Constitution
Authorisation of expenditure from Consolidated Revenue fund

(1) The Governor shall cause to be prepared and laid before the House of Assembly at any time before the commencement of each financial year estimates of the revenues and expenditure of the State for the next following financial year.
(2) The heads of expenditure contained in the estimates, other than expenditure charged upon the Consolidated Revenue Fund of the State by this Constitution, shall be included in a bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the State of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
(3) Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.
(4) If in respect of any financial year, it is found that –
(a) the amount appropriated by the Appropriation Law for any purpose is insufficient; or
(b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Law, a supplementary estimate showing the sums required shall be laid before the House of Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.




Section 122 of the Nigerian 1999 Constitution
Authorisation of expenditure in default of appropriations

If the Appropriation Bill in respect of any financial year has not been passed into Law by the beginning of the financial year, the Governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the purpose of meeting expenditure necessary to carry on the services of the government for a period not exceeding six months or until the coming into operation of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the State under the provisions of the Appropriation Law passed by the House of Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year.




Section 123 of the Nigerian 1999 Constitution
Contingencies Fund

(1) A House of Assembly may by Law make provisions for the establishment of a Contingencies Fund for the State and for authorising the Governor, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need.
(2) Where any advance is made in accordance with the provisions of this section, a Supplementary Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced



Going by the above, a borrowed fund and a bond raised for the State are all Public money to be paid into the the Consolidated account, see ANAMBRA STATE GOVERNMENT & ANOR v. OBIORA (2013) LPELR-CA/E/400/2008
The only conditions for withdrawal from the Consolidated account are those stipulated in section 120 of the 1999 Constituion (Supra).
Where it appears that any project to be carried out by a State is not expressly provided for in the State Budget, then no money can be charged to such project from the State consolidated account.



Can the fact that the State House of Assembly approved the Bond cure the defect?

The act approval of the State House of Assembly for the Bond to be raised cannot cure the defect because the two actions are different and distinct in Law.

The fact that the State Legislature approved the raising of the Bond is different from the need of the State House of Assembly to pass another appropriation bill to include such project in the budget. One does not cure or suffice for the other.


In conclusion and in the light of the above, I will strongly urge the Oyo State Government to re-trace its steps in Law and do the needful as required by the Constituion, by passing a supplementary Appropriation Law to include the projects not previously included so as to be able to use the raised Bond through the Consolidated account to fund them.



Opatola Victor Esq.
09041815408 , 07069687425
adeopatola@gmail.com

Recently, the Oyo State Governement raised a Bond of 100 Billion Naira for the funding of the following projects: 1. Iseyin - Ogbomoso Road 2. Ibadan Airport Upgrade 3. Ibadan Dry Port and Ibadan Rail corridor 4. Ibadan Ring road.

It is of no doubt that the aim behind these projects are lofty and good intentioned; but the biting Legal question is that: Can Oyo State Governement raise a Bond for a Project not contained in the Budget or properly appropriated for under the Law?


Having perused through the Oyo State 2020 Appropriation Law and Looking at the relevant provisons of the Constitution, the decision to raise Bond to spend on the projects are Illegal.
Public money should be spent only according to the provisions and stipulation of the Law. The budget of every state is a Law on its own, passed by the Legislature. This ensures that legal control and public accountability are properly enforced.

When State Government raises bonds, or borrows funds, it is public money because it is the people that will still pay for it.
Section 120 to 129 of the 1999 Constitution [/b]of Nigeria provides for Powers and Control over public fund. This is found under Part II (House of Assembly of a State) of Chapter V (The Legislature) of the 1999 Constitution (as Amended).

Going by the above provisons, a State government cannot spend any money outside of the budget of the State. Any project not included in the State Appropriation Law cannot be funded by the State except through the stipulated procedure of the Law e.g through section 122(where the budget is not yet passed), 123 (contingency fund) or through supplementary Appropriation Law.




[b]Section 120 of the Nigerian 1999 Constitution
Establishment of Consolidated Revenue Fund

(1) All revenues or other money raised or received by a State (not being revenues or other moneys payable under this Constitution or any Law of a House of Assembly into any other public fund of the State established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the State.
(2) No money shall be withdrawn from the Consolidated Revenue Fund of the State except to meet expenditure that is charged upon the Fund by this Constitution or where the issue of those moneys has been authorised by an Appropriation Law, Supplementary Appropriation Law or Law passed in pursuance of section 121 of this Constitution.
(3) No money shall be withdrawn from any public fund of the State, other than the Consolidated Revenue Fund of the State, unless the issue of those moneys has been authorised by a Law of the House of Assembly of the State.
(4) No money shall be withdrawn from the Consolidated Revenue Fund of the State or any other public fund of the State except in the manner prescribed by the House of Assembly.




Section 121 of the Nigerian 1999 Constitution
Authorisation of expenditure from Consolidated Revenue fund

(1) The Governor shall cause to be prepared and laid before the House of Assembly at any time before the commencement of each financial year estimates of the revenues and expenditure of the State for the next following financial year.
(2) The heads of expenditure contained in the estimates, other than expenditure charged upon the Consolidated Revenue Fund of the State by this Constitution, shall be included in a bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the State of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
(3) Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.
(4) If in respect of any financial year, it is found that –
(a) the amount appropriated by the Appropriation Law for any purpose is insufficient; or
(b) a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Law, a supplementary estimate showing the sums required shall be laid before the House of Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.




Section 122 of the Nigerian 1999 Constitution
Authorisation of expenditure in default of appropriations

If the Appropriation Bill in respect of any financial year has not been passed into Law by the beginning of the financial year, the Governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the purpose of meeting expenditure necessary to carry on the services of the government for a period not exceeding six months or until the coming into operation of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the State under the provisions of the Appropriation Law passed by the House of Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year.




Section 123 of the Nigerian 1999 Constitution
Contingencies Fund

(1) A House of Assembly may by Law make provisions for the establishment of a Contingencies Fund for the State and for authorising the Governor, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need.
(2) Where any advance is made in accordance with the provisions of this section, a Supplementary Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced



Going by the above, a borrowed fund and a bond raised for the State are all Public money to be paid into the the Consolidated account, see ANAMBRA STATE GOVERNMENT & ANOR v. OBIORA (2013) LPELR-CA/E/400/2008
The only conditions for withdrawal from the Consolidated account are those stipulated in section 120 of the 1999 Constituion (Supra).
Where it appears that any project to be carried out by a State is not expressly provided for in the State Budget, then no money can be charged to such project from the State consolidated account.



Can the fact that the State House of Assembly approved the Bond cure the defect?

The act approval of the State House of Assembly for the Bond to be raised cannot cure the defect because the two actions are different and distinct in Law.

The fact that the State Legislature approved the raising of the Bond is different from the need of the State House of Assembly to pass another appropriation bill to include such project in the budget. One does not cure or suffice for the other.


In conclusion and in the light of the above, I will strongly urge the Oyo State Government to re-trace its steps in Law and do the needful as required by the Constituion, by passing a supplementary Appropriation Law to include the projects not previously included so as to be able to use the raised Bond through the Consolidated account to fund them.



Opatola Victor Esq.
09041815408 , 07069687425
adeopatola@gmail.com

by Opatola Victor Esq.




Just recently, I made history as one of the first crop of Lawyers to participate in an online Court proceedings, in Nigeria. It was quiet an experience, albeit the fact that it went smoothly without hitches; unlike the many false narratives perpetuated in the media against online Court proceedings.

Change is the only constant thing, moreover a positive one.

Below are certain etiquettes that should be obersrve by Lawyers and participants in an online court proceeding. Abiding by these etiquettes will go a long way in ensuring a hitch free court proceeding.

1. Download the zoom or online application.

2. Test your video and audio before the time and date fixed for the online court proceedings. Test it first, and don't constitute yourself into a bull in China shop during the proceeding. If it is zoom, you can test it at www. Zoom.us/test.

3. Position your Camera rightly, considering light, distractions and noise. Although it is online, but it is still a court and certain decorum are expected.

4. Check to ensure you have enough or more than enough data. There are very little things as bad as your network telling you that you have exhausted your data in the middle of an online Court proceedings.

5. Stable internet connection. Trust me, an unstable internet connection is an headache.

6. Request for your zoom meeting I.D or password before the time fixed for hearing.

7. Be ready to join the Online Court proceedings atleast 5 minutes before the time scheduled.

8. Always mention your name everytime you are addressing the Court .

9. Online conference drain device battery very fast. Ensure you have a back up power plan.

10. Put your picture on your profile.

11. Include your name on your profile and the name.of your case, and signify if you appear for the defendant or claimant.

12. Upon joining the Online Court proceedings, check the other participants in the proceedings. Ensure you see their names and faces.

13. A red diagonal line showing over a microphone symbol is telling you that the audio is mute and you can't be heard by other participants.

14. Always mute your phone everytime you are not addressing the court.

15. Dress code. Lawyers must be fully robed, with their wig and gown.

16. You can use external audio aid or earpiece if you so prefer.

17. To show all the participants any document on your phone or device, click on shared screen.

18. Make sure you have the Court registrars number on standby incase you run into any difficulty and you need him/her to draw the attention of the Court.

19. Use the chat option to message any of the participants in the conference.

20. Leave the online proceeding immediately you are done.





Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

by Opatola Victor Esq.





Just recently, I made history as one of the first crop of Lawyers to participate in an online Court proceedings, in Nigeria. It was quiet an experience, albeit the fact that it went smoothly without hitches; unlike the many false narratives perpetuated in the media against online Court proceedings.

Change is the only constant thing, moreover a positive one.

Below are certain etiquettes that should be obersrve by Lawyers and participants in an online court proceeding. Abiding by these etiquettes will go a long way in ensuring a hitch free court proceeding.

1. Download the zoom or online application.

2. Test your video and audio before the time and date fixed for the online court proceedings. Test it first, and don't constitute yourself into a bull in China shop during the proceeding. If it is zoom, you can test it at www. Zoom.us/test.

3. Position your Camera rightly, considering light, distractions and noise. Although it is online, but it is still a court and certain decorum are expected.

4. Check to ensure you have enough or more than enough data. There are very little things as bad as your network telling you that you have exhausted your data in the middle of an online Court proceedings.

5. Stable internet connection. Trust me, an unstable internet connection is an headache.

6. Request for your zoom meeting I.D or password before the time fixed for hearing.

7. Be ready to join the Online Court proceedings atleast 5 minutes before the time scheduled.

8. Always mention your name everytime you are addressing the Court .

9. Online conference drain device battery very fast. Ensure you have a back up power plan.

10. Put your picture on your profile.

11. Include your name on your profile and the name.of your case, and signify if you appear for the defendant or claimant.

12. Upon joining the Online Court proceedings, check the other participants in the proceedings. Ensure you see their names and faces.

13. A red diagonal line showing over a microphone symbol is telling you that the audio is mute and you can't be heard by other participants.

14. Always mute your phone everytime you are not addressing the court.

15. Dress code. Lawyers must be fully robed, with their wig and gown.

16. You can use external audio aid or earpiece if you so prefer.

17. To show all the participants any document on your phone or device, click on shared screen.

18. Make sure you have the Court registrars number on standby incase you run into any difficulty and you need him/her to draw the attention of the Court.

19. Use the chat option to message any of the participants in the conference.

20. Leave the online proceeding immediately you are done.





Opatola Victor Esq.
adeopatola@gmail.com
09041815408 , 07069687425

Gabrokpara001:


Great article.
The pandemic has really affected investors decision to invest. I pray this ends as soon as possible

We pray so

Written by
Opatola Victor Esq.
Adeopatola@gmail.com
07069687425






Introduction

Recently, the world has be a-washed with the rapid spread of the Corvid-19 virus ( CORONA VIRUS). Nigeria citizens are Currently at an elevated risk of contacting this virus, and many scientist all over the World have been thrown into the turmoil of finding the cure to this widespread epidemic, this brief article dabbles into the Legal implication of the Virus in Nigeria, from the Human right, contractual, taxation, employer and employee laws.



i). Effect of Corona Virus on Contracts and Contracting parties?

Businesses worldwide have been forced to a halt, due to the challenges of the spread of COVID-19 (corona virus), including interruptions to supply chains and challenges in meeting contractual obligations. With no end to the outbreak in sight. This makes it important for businesses to understand and consider their options in order to mitigate possible risk exposure.
As it stands, many businessmen will be caught within the devil and the red sea; in a bid to fulfill their contractual obligations within the stipulated time per the contract agreement and the current order of the Government on shut down of basic Federal and State infrastructures, and other attendant necessities. The problem will further be escalated for contractors, when the contract does not include a clause which allows for emergency situations as this, or where the contract is iron clad thereby placing the burden of delivery without excuse on the contractor.

How about situations where the contractor is to be paid but due to various shut downs, he cannot be paid and money and resources are been wasted due to the inability to pay the contractor, and the contract did not envisage this.


Is Corona Virus a Legal excuse not to pay or perform a contract?
This virus shows the importance of three legal doctrines and their relevance in case of emergency, such as this:

(1) Doctrine of frustration
(2) Force majeure, and
(3) Impossibility or impracticability of performance

1. Doctrine of Frustration
Performance under a contract can be excused for Frustration. Frustration as a defence in Law is asserted where a change in circumstances or situation, outside of the parties making, makes one party’s performance virtually worthless or unachievable to the other party in relation to the agreement.
To prove frustration, you must show that: (1) the contract must be in the midst of being performed; (2) the frustrated party's purpose in making the contract must have been known to both parties when the contract was made; (3) the purpose must have been fundamentally frustrated by an event not reasonably foreseeable at the time the contract was made, not due to the fault of the frustrated party.


2.Force Majeure
A party can also be relieved of a contract based on a force majeure clause. A force-majeure clause relieves a party from penalties for breach of contract when circumstances beyond the party’s control render performance untenable or impossible.
The purpose and intent of force majeure provision is to protect the parties from events that are agreed to be outside normal business risk. Force majeure clauses excuse the performance of contractual obligations if specified events outside the parties’ control have prevented such performance. If successfully invoked, the clause would excuse a party’s performance of its obligations under the contract, thereby avoiding a breach.
Force majeure clauses are typically narrowly construed. Such a clause will generally only excuse a party's nonperformance if the event that caused the party’s nonperformance is specifically identified. Force majeure events may include: acts of God; acts of a government or the public enemy; natural disasters; fire; flood; epidemics; quarantine restrictions; strikes; freight embargoes; war or acts of terrorism.
A force majeure clause applies to objective events that directly affect a party’s ability to perform the contract in question, not the ability to make a profit.

3.Performance Impossibility or Impracticality
The doctrine of impossibility or impracticability may also allow a party to avoid performance of its obligation. There are two types of impossibility:
a.) Original impossibility and
b.) Supervening impossibility.

The former is impossibility of performance existing when the contract was entered into, so that the contract was to do something which from the outset was impossible; in contrast, supervening impossibility develops sometime after the contract is formed.
Under either type, contract performance may be excused when at the making of the contract, or thereafter, performance became impracticable due to some extreme or unreasonable difficulty, expense, injury, or loss involved, rather than that it is scientifically or actually impossible. The important question for the doctrine to apply is whether an unanticipated circumstance has made performance of the promise vitally different from what should reasonably have been within the contemplation of both parties when they entered into the contract. Although absolute impossibility is not required, there must be a showing of impracticability because of extreme and unreasonable difficulty, expense, injury or loss involved.
Note: Where your business is caught in this situation it is legal wisdom to contact your lawyer to:
1. Send out a Letter informing the other party of the present situation.
2. To device a means to reduce or mitigate risk or loss.






ii). Employer/Employer Legal responsiblity:
An employer is required to protect the health and safety of workers at the workplace in accordance with the provisions of Factories Act and Labour Laws. It is obligatory for the employer, under employment contract to provide safe system and place of work and to take measures to ensure the safety of the worker during work related matters.
The rights of employees in Nigeria are heavily guarded by various laws such labour Act, employee compensation Act, Factory Act e.t.c

•Can my employer terminate my employment during this corvid lockdown?
By law, subject to agreement between parties, the employer can terminate the employees employment at anytime so far he follows the Law by giving you the required notice or payment in lieu of the notice.

•Can I get a paid sick leave?
Every worker is entitled to paid sick leave by Law, section 16 & 18 of Labour Act. Apart from the provision of the Mano Act, an employer is entitled to protect the employees.

•Can my boss force me to take medical test?
Medical test may be a company policy but you cannot be forced to take a medical test. It is against your Constitutional right to Privacy. Section 37 of the 1999 Constitution.


iii). Taxation during Corvid-19 virus

Many tax return will become due during this period coroner pandemic widespread. Government has issued a lockdown of facilities and service, how then will companies effect and file their returns?
For instance the return date for Value Added Tax (VAT) and WithHolding Tax will be due this March. There are many Companies in which their income tax, tertiary education tax, national information technology development fund levy and capital gains tax are due this March 2020.
It is only sensible that the tax authorities make social plans on this and grant a tax extension period. So your inability to file tax returns where the government has issued a lockdown order can not effect or contribute to your liability.


iv). Human right in period of pandemics
Fundamental Human Rights as we know it is provided by the Constitution and are very germaine. But as important as they are, they are not totally supreme. They can be breached in times of National Security or cases of National Emergency. In the light of Corona Virus certain restrictions can be made on individual freedoms under the Law such as right to movement. movement of people can be restricted e.t.c


Conclusion
Companies must understand the legal implications attached to the recent widespread of the Forbid-19. virus as it relates to their various Legal obligations to their staffs, costumers, clients and to themselves; this will help in their decision making ability.










Opatola Victor Esq. is an Abuja based Legal Practitioner.
Adeopatola@gmail.com
07069687425

Written by
Opatola Victor Esq.
Adeopatola@gmail.com
07069687425






Introduction

Recently, the world has be a-washed with the rapid spread of the Corvid-19 virus ( CORONA VIRUS). Nigeria citizens are Currently at an elevated risk of contacting this virus, and many scientist all over the World have been thrown into the turmoil of finding the cure to this widespread epidemic, this brief article dabbles into the Legal implication of the Virus in Nigeria, from the Human right, contractual, taxation, employer and employee laws.



i). Effect of Corona Virus on Contracts and Contracting parties?

Businesses worldwide have been forced to a halt, due to the challenges of the spread of COVID-19 (corona virus), including interruptions to supply chains and challenges in meeting contractual obligations. With no end to the outbreak in sight. This makes it important for businesses to understand and consider their options in order to mitigate possible risk exposure.
As it stands, many businessmen will be caught within the devil and the red sea; in a bid to fulfill their contractual obligations within the stipulated time per the contract agreement and the current order of the Government on shut down of basic Federal and State infrastructures, and other attendant necessities. The problem will further be escalated for contractors, when the contract does not include a clause which allows for emergency situations as this, or where the contract is iron clad thereby placing the burden of delivery without excuse on the contractor.

How about situations where the contractor is to be paid but due to various shut downs, he cannot be paid and money and resources are been wasted due to the inability to pay the contractor, and the contract did not envisage this.


Is Corona Virus a Legal excuse not to pay or perform a contract?
This virus shows the importance of three legal doctrines and their relevance in case of emergency, such as this:

(1) Doctrine of frustration
(2) Force majeure, and
(3) Impossibility or impracticability of performance

1. Doctrine of Frustration
Performance under a contract can be excused for Frustration. Frustration as a defence in Law is asserted where a change in circumstances or situation, outside of the parties making, makes one party’s performance virtually worthless or unachievable to the other party in relation to the agreement.
To prove frustration, you must show that: (1) the contract must be in the midst of being performed; (2) the frustrated party's purpose in making the contract must have been known to both parties when the contract was made; (3) the purpose must have been fundamentally frustrated by an event not reasonably foreseeable at the time the contract was made, not due to the fault of the frustrated party.


2.Force Majeure
A party can also be relieved of a contract based on a force majeure clause. A force-majeure clause relieves a party from penalties for breach of contract when circumstances beyond the party’s control render performance untenable or impossible.
The purpose and intent of force majeure provision is to protect the parties from events that are agreed to be outside normal business risk. Force majeure clauses excuse the performance of contractual obligations if specified events outside the parties’ control have prevented such performance. If successfully invoked, the clause would excuse a party’s performance of its obligations under the contract, thereby avoiding a breach.
Force majeure clauses are typically narrowly construed. Such a clause will generally only excuse a party's nonperformance if the event that caused the party’s nonperformance is specifically identified. Force majeure events may include: acts of God; acts of a government or the public enemy; natural disasters; fire; flood; epidemics; quarantine restrictions; strikes; freight embargoes; war or acts of terrorism.
A force majeure clause applies to objective events that directly affect a party’s ability to perform the contract in question, not the ability to make a profit.

3.Performance Impossibility or Impracticality
The doctrine of impossibility or impracticability may also allow a party to avoid performance of its obligation. There are two types of impossibility:
a.) Original impossibility and
b.) Supervening impossibility.

The former is impossibility of performance existing when the contract was entered into, so that the contract was to do something which from the outset was impossible; in contrast, supervening impossibility develops sometime after the contract is formed.
Under either type, contract performance may be excused when at the making of the contract, or thereafter, performance became impracticable due to some extreme or unreasonable difficulty, expense, injury, or loss involved, rather than that it is scientifically or actually impossible. The important question for the doctrine to apply is whether an unanticipated circumstance has made performance of the promise vitally different from what should reasonably have been within the contemplation of both parties when they entered into the contract. Although absolute impossibility is not required, there must be a showing of impracticability because of extreme and unreasonable difficulty, expense, injury or loss involved.
Note: Where your business is caught in this situation it is legal wisdom to contact your lawyer to:
1. Send out a Letter informing the other party of the present situation.
2. To device a means to reduce or mitigate risk or loss.






ii). Employer/Employer Legal responsiblity:
An employer is required to protect the health and safety of workers at the workplace in accordance with the provisions of Factories Act and Labour Laws. It is obligatory for the employer, under employment contract to provide safe system and place of work and to take measures to ensure the safety of the worker during work related matters.
The rights of employees in Nigeria are heavily guarded by various laws such labour Act, employee compensation Act, Factory Act e.t.c

•Can my employer terminate my employment during this corvid lockdown?
By law, subject to agreement between parties, the employer can terminate the employees employment at anytime so far he follows the Law by giving you the required notice or payment in lieu of the notice.

•Can I get a paid sick leave?
Every worker is entitled to paid sick leave by Law, section 16 & 18 of Labour Act. Apart from the provision of the Mano Act, an employer is entitled to protect the employees.

•Can my boss force me to take medical test?
Medical test may be a company policy but you cannot be forced to take a medical test. It is against your Constitutional right to Privacy. Section 37 of the 1999 Constitution.


iii). Taxation during Corvid-19 virus

Many tax return will become due during this period coroner pandemic widespread. Government has issued a lockdown of facilities and service, how then will companies effect and file their returns?
For instance the return date for Value Added Tax (VAT) and WithHolding Tax will be due this March. There are many Companies in which their income tax, tertiary education tax, national information technology development fund levy and capital gains tax are due this March 2020.
It is only sensible that the tax authorities make social plans on this and grant a tax extension period. So your inability to file tax returns where the government has issued a lockdown order can not effect or contribute to your liability.


iv). Human right in period of pandemics
Fundamental Human Rights as we know it is provided by the Constitution and are very germaine. But as important as they are, they are not totally supreme. They can be breached in times of National Security or cases of National Emergency. In the light of Corona Virus certain restrictions can be made on individual freedoms under the Law such as right to movement. movement of people can be restricted e.t.c


Conclusion
Companies must understand the legal implications attached to the recent widespread of the Forbid-19. virus as it relates to their various Legal obligations to their staffs, costumers, clients and to themselves; this will help in their decision making ability.










Opatola Victor Esq. is an Abuja based Legal Practitioner.
Adeopatola@gmail.com
07069687425

Written by
Opatola Victor Esq.
Adeopatola@gmail.com
07069687425






Introduction

Recently, the world has be a-washed with the rapid spread of the Corvid-19 virus ( CORONA VIRUS). Nigeria citizens are Currently at an elevated risk of contacting this virus, and many scientist all over the World have been thrown into the turmoil of finding the cure to this widespread epidemic, this brief article dabbles into the Legal implication of the Virus in Nigeria, from the Human right, contractual, taxation, employer and employee laws.



i). Effect of Corona Virus on Contracts and Contracting parties?

Businesses worldwide have been forced to a halt, due to the challenges of the spread of COVID-19 (corona virus), including interruptions to supply chains and challenges in meeting contractual obligations. With no end to the outbreak in sight. This makes it important for businesses to understand and consider their options in order to mitigate possible risk exposure.
As it stands, many businessmen will be caught within the devil and the red sea; in a bid to fulfill their contractual obligations within the stipulated time per the contract agreement and the current order of the Government on shut down of basic Federal and State infrastructures, and other attendant necessities. The problem will further be escalated for contractors, when the contract does not include a clause which allows for emergency situations as this, or where the contract is iron clad thereby placing the burden of delivery without excuse on the contractor.

How about situations where the contractor is to be paid but due to various shut downs, he cannot be paid and money and resources are been wasted due to the inability to pay the contractor, and the contract did not envisage this.


Is Corona Virus a Legal excuse not to pay or perform a contract?
This virus shows the importance of three legal doctrines and their relevance in case of emergency, such as this:

(1) Doctrine of frustration
(2) Force majeure, and
(3) Impossibility or impracticability of performance

1. Doctrine of Frustration                                              
Performance under a contract can be excused for Frustration. Frustration as a defence in Law is asserted where a change in circumstances or situation, outside of the parties making, makes one party’s performance virtually worthless or unachievable to the other party in relation to the agreement.
To prove frustration, you must show that: (1) the contract must be in the midst of being performed; (2) the frustrated party's purpose in making the contract must have been known to both parties when the contract was made; (3) the purpose must have been fundamentally frustrated by an event not reasonably foreseeable at the time the contract was made, not due to the fault of the frustrated party.


2.Force Majeure
A party can also be relieved of a contract based on a force majeure clause. A force-majeure clause relieves a party from penalties for breach of contract when circumstances beyond the party’s control render performance untenable or impossible.
The purpose and intent of force majeure provision is to protect the parties from events that are agreed to be outside normal business risk. Force majeure clauses excuse the performance of contractual obligations if specified events outside the parties’ control have prevented such performance. If successfully invoked, the clause would excuse a party’s performance of its obligations under the contract, thereby avoiding a breach.
Force majeure clauses are typically narrowly construed. Such a clause will generally only excuse a party's nonperformance if the event that caused the party’s nonperformance is specifically identified. Force majeure events may include: acts of God; acts of a government or the public enemy; natural disasters; fire; flood; epidemics; quarantine restrictions; strikes; freight embargoes; war or acts of terrorism.
A force majeure clause applies to objective events that directly affect a party’s ability to perform the contract in question, not the ability to make a profit.

3.Performance Impossibility or Impracticality
The doctrine of impossibility or impracticability may also allow a party to avoid performance of its obligation. There are two types of impossibility:
a.) Original impossibility and
b.) Supervening impossibility.

The former is impossibility of performance existing when the contract was entered into, so that the contract was to do something which from the outset was impossible; in contrast, supervening impossibility develops sometime after the contract is formed.
Under either type, contract performance may be excused when at the making of the contract, or thereafter, performance became impracticable due to some extreme or unreasonable difficulty, expense, injury, or loss involved, rather than that it is scientifically or actually impossible. The important question for the doctrine to apply is whether an unanticipated circumstance has made performance of the promise vitally different from what should reasonably have been within the contemplation of both parties when they entered into the contract. Although absolute impossibility is not required, there must be a showing of impracticability because of extreme and unreasonable difficulty, expense, injury or loss involved.
Note: Where your business is caught in this situation it is legal wisdom to contact your lawyer to:
1. Send out a Letter informing the other party of the present situation.
2. To device a means to reduce or mitigate risk or loss.






ii). Employer/Employer Legal responsiblity:
An employer is required to protect the health and safety of workers at the workplace in accordance with the provisions of Factories Act and Labour Laws. It is obligatory for the employer, under employment contract to provide safe system and place of work and to take measures to ensure the safety of the worker during work related matters.
The rights of employees in Nigeria are heavily guarded by various laws such labour Act, employee compensation Act, Factory Act e.t.c

•Can my employer terminate my employment during this corvid lockdown?
By law, subject to agreement between parties, the employer can terminate the employees employment at anytime so far he follows the Law by giving you the required notice or payment in lieu of the notice.

•Can I get a paid sick leave?
Every worker is entitled to paid sick leave by Law, section 16 & 18 of Labour Act. Apart from the provision of the Mano Act, an employer is entitled to protect the employees.

•Can my boss force me to take medical test?
Medical test may be a company policy but you cannot be forced to take a medical test. It is against your Constitutional right to Privacy. Section 37 of the 1999 Constitution.


iii). Taxation during Corvid-19 virus

Many tax return will become due during this period coroner pandemic widespread. Government has issued a lockdown of facilities and service, how then will companies effect and file their returns?
For instance the return date for Value Added Tax (VAT) and WithHolding Tax will be due this March. There are many Companies in which their income tax, tertiary education tax, national information technology development fund levy and capital gains tax are due this March 2020.
It is only sensible that the tax authorities make social plans on this and grant a tax extension period. So your inability to file tax returns where the government has issued a lockdown order can not effect or contribute to your liability.


iv). Human right in period of pandemics
Fundamental Human Rights as we know it is provided by the Constitution and are very germaine. But as important as they are, they are not totally supreme. They can be breached in times of National Security or cases of National Emergency. In the light of Corona Virus certain restrictions can be made on individual freedoms under the Law such as right to movement. movement of people can be restricted e.t.c


Conclusion
Companies must understand the legal implications attached to the recent widespread of the Forbid-19. virus as it relates to their various Legal obligations to their staffs, costumers, clients and to themselves; this will help in their decision making ability.










Opatola Victor Esq. is an Abuja based Legal Practitioner.
Adeopatola@gmail.com
07069687425

Written by
Opatola Victor Esq.
Adeopatola@gmail.com
07069687425






Introduction

Recently, the world has be a-washed with the rapid spread of the Corvid-19 virus ( CORONA VIRUS). Nigeria citizens are Currently at an elevated risk of contacting this virus, and many scientist all over the World have been thrown into the turmoil of finding the cure to this widespread epidemic, this brief article dabbles into the Legal implication of the Virus in Nigeria, from the Human right, contractual, taxation, employer and employee laws.



i). Effect of Corona Virus on Contracts and Contracting parties?

Businesses worldwide have been forced to a halt, due to the challenges of the spread of COVID-19 (corona virus), including interruptions to supply chains and challenges in meeting contractual obligations. With no end to the outbreak in sight. This makes it important for businesses to understand and consider their options in order to mitigate possible risk exposure.
As it stands, many businessmen will be caught within the devil and the red sea; in a bid to fulfill their contractual obligations within the stipulated time per the contract agreement and the current order of the Government on shut down of basic Federal and State infrastructures, and other attendant necessities. The problem will further be escalated for contractors, when the contract does not include a clause which allows for emergency situations as this, or where the contract is iron clad thereby placing the burden of delivery without excuse on the contractor.

How about situations where the contractor is to be paid but due to various shut downs, he cannot be paid and money and resources are been wasted due to the inability to pay the contractor, and the contract did not envisage this.


Is Corona Virus a Legal excuse not to pay or perform a contract?
This virus shows the importance of three legal doctrines and their relevance in case of emergency, such as this:

(1) Doctrine of frustration
(2) Force majeure, and
(3) Impossibility or impracticability of performance

1. Doctrine of Frustration                                              
Performance under a contract can be excused for Frustration. Frustration as a defence in Law is asserted where a change in circumstances or situation, outside of the parties making, makes one party’s performance virtually worthless or unachievable to the other party in relation to the agreement.
To prove frustration, you must show that: (1) the contract must be in the midst of being performed; (2) the frustrated party's purpose in making the contract must have been known to both parties when the contract was made; (3) the purpose must have been fundamentally frustrated by an event not reasonably foreseeable at the time the contract was made, not due to the fault of the frustrated party.


2.Force Majeure
A party can also be relieved of a contract based on a force majeure clause. A force-majeure clause relieves a party from penalties for breach of contract when circumstances beyond the party’s control render performance untenable or impossible.
The purpose and intent of force majeure provision is to protect the parties from events that are agreed to be outside normal business risk. Force majeure clauses excuse the performance of contractual obligations if specified events outside the parties’ control have prevented such performance. If successfully invoked, the clause would excuse a party’s performance of its obligations under the contract, thereby avoiding a breach.
Force majeure clauses are typically narrowly construed. Such a clause will generally only excuse a party's nonperformance if the event that caused the party’s nonperformance is specifically identified. Force majeure events may include: acts of God; acts of a government or the public enemy; natural disasters; fire; flood; epidemics; quarantine restrictions; strikes; freight embargoes; war or acts of terrorism.
A force majeure clause applies to objective events that directly affect a party’s ability to perform the contract in question, not the ability to make a profit.

3.Performance Impossibility or Impracticality
The doctrine of impossibility or impracticability may also allow a party to avoid performance of its obligation. There are two types of impossibility:
a.) Original impossibility and
b.) Supervening impossibility.

The former is impossibility of performance existing when the contract was entered into, so that the contract was to do something which from the outset was impossible; in contrast, supervening impossibility develops sometime after the contract is formed.
Under either type, contract performance may be excused when at the making of the contract, or thereafter, performance became impracticable due to some extreme or unreasonable difficulty, expense, injury, or loss involved, rather than that it is scientifically or actually impossible. The important question for the doctrine to apply is whether an unanticipated circumstance has made performance of the promise vitally different from what should reasonably have been within the contemplation of both parties when they entered into the contract. Although absolute impossibility is not required, there must be a showing of impracticability because of extreme and unreasonable difficulty, expense, injury or loss involved.
Note: Where your business is caught in this situation it is legal wisdom to contact your lawyer to:
1. Send out a Letter informing the other party of the present situation.
2. To device a means to reduce or mitigate risk or loss.






ii). Employer/Employer Legal responsiblity:
An employer is required to protect the health and safety of workers at the workplace in accordance with the provisions of Factories Act and Labour Laws. It is obligatory for the employer, under employment contract to provide safe system and place of work and to take measures to ensure the safety of the worker during work related matters.
The rights of employees in Nigeria are heavily guarded by various laws such labour Act, employee compensation Act, Factory Act e.t.c

•Can my employer terminate my employment during this corvid lockdown?
By law, subject to agreement between parties, the employer can terminate the employees employment at anytime so far he follows the Law by giving you the required notice or payment in lieu of the notice.

•Can I get a paid sick leave?
Every worker is entitled to paid sick leave by Law, section 16 & 18 of Labour Act. Apart from the provision of the Mano Act, an employer is entitled to protect the employees.

•Can my boss force me to take medical test?
Medical test may be a company policy but you cannot be forced to take a medical test. It is against your Constitutional right to Privacy. Section 37 of the 1999 Constitution.


iii). Taxation during Corvid-19 virus

Many tax return will become due during this period coroner pandemic widespread. Government has issued a lockdown of facilities and service, how then will companies effect and file their returns?
For instance the return date for Value Added Tax (VAT) and WithHolding Tax will be due this March. There are many Companies in which their income tax, tertiary education tax, national information technology development fund levy and capital gains tax are due this March 2020.
It is only sensible that the tax authorities make social plans on this and grant a tax extension period. So your inability to file tax returns where the government has issued a lockdown order can not effect or contribute to your liability.


iv). Human right in period of pandemics
Fundamental Human Rights as we know it is provided by the Constitution and are very germaine. But as important as they are, they are not totally supreme. They can be breached in times of National Security or cases of National Emergency. In the light of Corona Virus certain restrictions can be made on individual freedoms under the Law such as right to movement. movement of people can be restricted e.t.c


Conclusion
Companies must understand the legal implications attached to the recent widespread of the Forbid-19. virus as it relates to their various Legal obligations to their staffs, costumers, clients and to themselves; this will help in their decision making ability.










Opatola Victor Esq. is an Abuja based Legal Practitioner.
Adeopatola@gmail.com
07069687425

Bilabong:
Yea my church has...The Presbyterian Church of Nigeria... Ikot Ansa

How are you certain?

The whole of Oyo State has only 15 Licensed place of worship.


In Abuja, under AMAC area council, only 47 licensed place of worship are Licensed.


In accordance with the 1990 Marriage Act all places of worship must be licensed before they can be able to conduct a validly legal marriage in Nigeria.


Most worship centres conducting marriages in Nigeria did not possess the licence to do so under the statutory Marriage Act.


The implication of this is that marriages conducted in unlicensed places of worship are not in line with the Marriage Act and cannot serve legal purposes when the need arises and such unlicensed places of worship are operating contrary to Section 6(1) of the Marriage Act


Many of the few churches that have license, but such licenses have expired.


Where a Church issues you a Marriage Certificate and such church is not licensed to issue such or its license has expired; and you didn't go to the marriage registry then such marriage is not recognized under the Law.





Opatola Victor Esq. is an Abuja based Legal Practitioner
Adeopatola@gmail.com
07069687425

The whole of Oyo State has only 15 Licensed place of worship.


In Abuja, under AMAC area council, only 47 licensed place of worship are Licensed.


In accordance with the 1990 Marriage Act all places of worship must be licensed before they can be able to conduct a validly legal marriage in Nigeria.


Most worship centres conducting marriages in Nigeria did not possess the licence to do so under the statutory Marriage Act.


The implication of this is that marriages conducted in unlicensed places of worship are not in line with the Marriage Act and cannot serve legal purposes when the need arises and such unlicensed places of worship are operating contrary to Section 6(1) of the Marriage Act


Many of the few churches that have license, but such licenses have expired.


Where a Church issues you a Marriage Certificate and such church is not licensed to issue such or its license has expired; and you didn't go to the marriage registry then such marriage is not recognized under the Law.





Opatola Victor Esq. is an Abuja based Legal Practitioner
Adeopatola@gmail.com
07069687425

The whole of Oyo State has only 15 Licensed place of worship.


In Abuja, under AMAC area council, only 47 licensed place of worship are Licensed.


In accordance with the 1990 Marriage Act all places of worship must be licensed before they can be able to conduct a validly legal marriage in Nigeria.


Most worship centres conducting marriages in Nigeria did not possess the licence to do so under the statutory Marriage Act.


The implication of this is that marriages conducted in unlicensed places of worship are not in line with the Marriage Act and cannot serve legal purposes when the need arises and such unlicensed places of worship are operating contrary to Section 6(1) of the Marriage Act


Many of the few churches that have license, but such licenses have expired.


Where a Church issues you a Marriage Certificate and such church is not licensed to issue such or its license has expired; and you didn't go to the marriage registry then such marriage is not recognized under the Law.





Opatola Victor Esq. is an Abuja based Legal Practitioner
Adeopatola@gmail.com
07069687425

The whole of Oyo State has only 15 Licensed place of worship.


In Abuja, under AMAC area council, only 47 licensed place of worship are Licensed.


In accordance with the 1990 Marriage Act all places of worship must be licensed before they can be able to conduct a validly legal marriage in Nigeria.


Most worship centres conducting marriages in Nigeria did not possess the licence to do so under the statutory Marriage Act.


The implication of this is that marriages conducted in unlicensed places of worship are not in line with the Marriage Act and cannot serve legal purposes when the need arises and such unlicensed places of worship are operating contrary to Section 6(1) of the Marriage Act


Many of the few churches that have license, but such licenses have expired.


Where a Church issues you a Marriage Certificate and such church is not licensed to issue such or its license has expired; and you didn't go to the marriage registry then such marriage is not recognized under the Law.





Opatola Victor Esq. is an Abuja based Legal Practitioner
Adeopatola@gmail.com
07069687425

sultaan:
A contract based on misrepresentation could be voided if party was able to prove that virginity was the basis on which the marriage was entered.
That does not mean the judge will agree with that argument.

But if the man or woman wants a refund on the dowry then that is a more valid prayer

Marriage matters are sui generis. They are governed under special provisions.

In cultural marriages, virginity can be a ground for divorce, depending on the custom.

Under the matrimonial causes Act, virginity cannot be a ground.

There are various reason why people decide who to marry. Some persons pen-ultimately decide who to marry based on the fact that such person is a Virgin, or told them that they are virgin.

But where a party marries another, foremost on the ground that such party is a virgin, and it later turns out otherwise; will that be a ground for divorce under the Law?




Matters of divorce in marriage contracted in Marriage Registry are regulated by Law.

For a marriage to be dissolved by the court, such must fulfill the provision of section 15 of the Matrimonial Causes Act.

Looking at the provision, the ground of lack of virginity does not fit into the conditions for divorce in Law.





Opatola Victor Esq.
Adeopatola@gmail.com
07069687425

bukatyne:
I am assuming the virgin is the wife because it can be easily proven.

If the husband married the wife JUST because she is a virgin and it is spelt out:

Finding out the wife is not is marriage under false pretenses.

Is it grounds for divorce, I do not think so as the marriage has been consummated (they have had sex) and the wife did not cheat.

My wonder:
1. Why would a wife lie to a man she wants to marry/sleep with about her virginity?
2. What man marrys a woman just because she is a virgin?

Actually these things happen. Some persons are just too desperate.

There are various reason why people decide who to marry. Some persons pen-ultimately decide who to marry based on the fact that such person is a Virgin, or told them that they are virgin.

But where a party marries another, foremost on the ground that such party is a virgin, and it later turns out otherwise; will that be a ground for divorce under the Law?




Matters of divorce in marriage contracted in Marriage Registry are regulated by Law.

For a marriage to be dissolved by the court, such must fulfill the provision of section 15 of the Matrimonial Causes Act.

Looking at the provision, the ground of lack of virginity does not fit into the conditions for divorce in Law.





Opatola Victor Esq.
Adeopatola@gmail.com
07069687425

There are various reason why people decide who to marry. Some persons pen-ultimately decide who to marry based on the fact that such person is a Virgin, or told them that they are virgin.

But where a party marries another, foremost on the ground that such party is a virgin, and it later turns out otherwise; will that be a ground for divorce under the Law?




Matters of divorce in marriage contracted in Marriage Registry are regulated by Law.

For a marriage to be dissolved by the court, such must fulfill the provision of section 15 of the Matrimonial Causes Act.

Looking at the provision, the ground of lack of virginity does not fit into the conditions for divorce in Law.





Opatola Victor Esq.
Adeopatola@gmail.com
07069687425

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