₦airaland Forum

All these are mere formalities! Most of these Institutions are nothing to write home about in the competitive world. We are just living on past glories and complacent as local Champions.

Dr. Omoniyi and Engr. Sokunbi are my very good friends from our University days. On the 19th day of January, 2016, Dr. Omoniyi put a call through to Engineer Sokunbi to inform him that his wedding ceremony would be coming up on the 27th of May, 2016 and that it is only the wedding service that will be done because he values his time and does not see the need for all those going to registry or engagement ceremony. So elated, Engr. Sokunbi shouted, "Thank God! My Efiko Dr. Jackometer is getting married at last!! Hmmm...after the book, book and book".
On the 14th day of February, 2016, Engr. Sokunbi sent a message to Dr. Omoniyi on BBM to inform him that he just proposed to his darling girlfriend as well and he is thinking of picking the 17th day of June, 2016 for their wedding. "It would be just the engagement ooo. My parents don't know about it sef. You know I'm trying to save money for my Construction Company that would be incorporated early next year", he clarified.
I was fortunate to meet the two of them on the 30th day of March, 2016 at the University Alumni Body Meeting. I saw them sharing memories at the motion ground and, as if it was planned, they both brought our their invitation cards and handed them over to me. "Ololo...my friends are getting married...Godwin", I teased. Engr. Sokunbi came in, "Don't pull our legs joor. I even need to ask you, is it a sin to do just engagement?"
Points to Note
1. There are basically three types of marriage in this context; (i) Statutory Marriage (ii) Customary Marriage and (iii) Islamic Marriage.
2. Statutory marriage is conceived more in the sense of the Christendom as the voluntary union for life of one man and one woman, to the exclusion of all others. In essence, it is monogamous in nature. This is the type contracted when couples go to the registry.
3. Customary marriage is one that is "negotiated, celebrated or concluded according to any of the systems of indigenous African Customary Law which exist in Nigeria". In most cases, the popular "engagement ceremony" before the wedding is the customary marriage.
4. Islamic Marriage is one that is contracted according to the Islamic Law as prescribed by the Holy Qu'ran and other Islamic Law Sources.
5. For a Statutory Marriage to be Valid, the following requirements must be in place:
(i) Capacity (The parties must be of Age and must be in their right frame of mind)
(ii) Consent of the parties (absence of consent and consent obtain by fraud, deceit, misrepresentation or duress will render the marriage invalid). Madam "I will use pregnancy to trap him down, take note.
NB: Where either of the parties is less than 21years, he/she must obtain the written consent of the father.
(iii) Both parties must be single; a party to a subsisting statutory or customary law marriage has no capacity to enter into another statutory marriage with another person.
6. The requirement of a valid Customary marriage are as follows:
(i) Age (depending on each custom)
(ii) Capacity (For example, have you ever seen someone say "I'm in love with my brother or cousin"? Such marriage is invalid under customary law).
(iii) Consent of both the parties and parents.
7. A man married under the Customary Law has the legal right to marry as many wives as possible unlike that of Statutory marriage.
8. Mere Church wedding does not constitute a valid marriage.
9. However, there are churches which are regarded as "Licenced Places of Worship". Such churches have been authorized by the relevant government authority to contract statutory marriages.
10. A statutory marriage can only be brought to an end by a Court of competent jurisdiction and before the marriage can be dissolved, it must have broken down irretrievably.
12. The type of marriage contracted by the couples will determine the rights of the surviving spouse upon the demise of one of the parties, the mode of acquisition of the family property by the offspring, the mode of dissolution of the property etc.
You know the answer to Engr. Sokunbi's question?
It is not a sin to contract just customary marriage(engagement) but the parental consent is a sine qua non for a valid Customary marriage. However, he should be sure he wants his rights and duties to be determined according to the customary law
As for Dr. Omoniyi, he should take note that mere church service does not constitute a valid marriage. However, if the church he intends to have his wedding is a "Licenced Place of Worship", then he would be contracting a statutory marriage.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

factsandfigures:
Each time I see Igbo leaders going for each other necks like this, I remember Okonkwo of Things fall apart. The Igbo are their own enemies and they don't know what they want.

If I am PMB, I will release Nnamdi Kalu and also organize a referendum to let Igbos determine if they want to exit from Nigeria. Nnamdi Kalu will be shocked that his kinsmen will betray him by voting to stay with Nigeria. The Igbos are so disunited and they don't even know what they want!

I asked this question: Who is the true Igbo Leader after the demise of Ojukwu.

Is it Kalu Nnamdi? Uzor Orji Kalu? Head of MASSOB? or Peter Obi? or Rochas Okorocha?

The above men do not even speak with one voice

That has always been my view too. My observation is that no Igbo man wants anybody to rule over him which is quite impossible. That has ruined, is ruinning and will continue to ruin the Igbos. Their case can be summed up in the popular phrase, "pride leads to destruction"

legendte:
Remove assistance from federal government, no tribe can beat Igbo in any human endeavour.

Just mention that sector you think. Unless the Igbos are not into it. It's not bragging. People do have some inherent characteristics and NEVER GIVE UP is one undeniable characteristics of the Igbos.

The Igbo boy selling gala on the street has a strong will to own gala factory. He puts his energy into whatever he believes in.

That's who we are.
Igbo ndi oma kwenu

My Chairman, I most humbly repeat, put your house in order. If not, the Igbos will continue to wallow in slavery coated with pride in the struggle to become king. This was corroborated by this popular Igbo man most of us know. In fact, someone commented "this one of the best articles I have read lately
It is not peculiar to the SE, it affects all the regions and it appeals to my liberal dispensation"
Please read on :
*Let Igbos Pause On Biafra For Now - Charly Boy *
I guess it's about time I break my silence on this matter. From 1967 to 1970 my youth was scandalised with the horrors of the Nigerian civil war. I was never on the front line as a fighting soldier, but I was in the boys’ brigade transmitting from the naval headquarters then in Oguta. With the daily air raids and the smell of death all around us, we were thankful everyday we managed to stay alive.
I remember a sight that have never left me till today at the tail end of the civil war. I was walking down the street on my way to the stream to fetch water, lo and behold was the sound of death (air raids) As we all ran in different direction looking for a safe place to take cover, I turned around to figure the direction my friends were running in, all of a sudden I saw the head of one off them yanked off the body, as a result of the fighter jets that killed innocent civilians for fun, what a horrible sight for a 17yr old. The words of plato “only the dead see the end of war” were forever engrained in my thoughts.

I am a proud Igbo man, a home boy and a native fowl. No demo. My friends call me Igbotic not because am a nerd, or a jewman. But because I represent and symbolise all the characteristics of a typical igbo man pre the civil war. The Igbos may have short circuited their political growth, but it doesn't take away the fact that we are great Nigerians. I have learnt to be more Igbotic than I ever expected. As an igbo man, I have learnt to be more profitable in the things that I do. I have perfected the art of being tenacious in any dream I chase; to be industrious, consistent and powerfully focused. All the lessons I learnt from my brothers in the tribe have made me dogged, hardworking and exhibiting the ability and capacity to survive in any kind of weather. I am an original Nwa Biafra.

Needless to say that the igbo man is known to be one of the most entrepreneurial mind in the country. So it is particularly pathetic and unfortunate when some ignorant youths talk about this illusion called Biafra. History should teach us that Nationhood is Bloody, Hard and almost impossible when fantasy is the currency of demand. Even as Nigerians, see how our docility is killing our humanity. Didn't the fall of Biafra after the genocide and the suffering of my people teach us anything? Haven't we been marginalised enough? I Believe the Failure of the igbo nation is the fault of the people elites and decision makers. Why have we not poured our energy, capacity and Ability into making the South East the Dubai of the Nation as well as the engine room of the Nigerian Economy? Who would be our leaders when the south east is infested with political power grabbers, 419ers, mindless criminals and looters of our commonwealth and resources? Need I mention names?

See how we have migrated to different parts of Nigeria and the world which is good, made it home and developed our immediate environment. Why are we neglecting our home base, why are we running away from developing the South East?

Our problem may not after all be the man in Aso Rock from Daura or the ordinary Hausa or Yoruba man on the Streets of Lagos, Abuja, Kano, Warri or Ogbomosho. The problem is the lack of men of integrity and a progressive mind set. We lack the right kind of leadership that will fight for the interest of the People. Let it be clear to all that the suffering of the People from the South East is also the suffering of the people from the other geopolitical zones in Nigeria. It is therefore retrospectively insane to begin to think that a people with a problem would suddenly be relieved when they are attached with a tag #BIAFRA; What Nonsense and Insanity! Now how do you begin to imagine that while the agitation for the state of Biafra is being demanded by the gullible Ibo youths, those who have been or are in position of authority are either not interested or are continuing their expansive investments in other part of Nigeria? Who dem dey deceive? They divide us daily with Religion, Tribalism, Ethnicity and Petty Bigotry even among the Tribes and Ethnic composition in the South East there is divisiveness. Why is Namdi Kanu yet to realize that the Dreams of Nationhood are lost in the Altar of Deception.

Have we even considered that the population of my people from the south east outside the Region is twice the population of those in the south east? How can we who are supposed to be looking at making the South East the centralised Industrial Hub of the Nigeria Nation be the ones who are driving a wedge of unrealistic fantasy between Nigeria and our own people? When President Muhammadu Buhari sings the localisation and Nigerianazation song; We should be the ones to drive the narrative, because We Can.. When you have a willing Partner, who is interested in the Nigerianization of the Nigerian Economy; Why are some of my people busy creating or Poisoning the environment that are ordinarily designed to favour that which will promote the industrialization of the South East. Why have we become the enemy of our own home? Why hasn't the "think home mentality” arrested every igbo billionaires and millionaires? Why are we eliminating the chances of Ibonising the Nigerian Economy by Nationalizing the Ibo Thought for a United and Prosperous Nigeria as well as for the benefits of all?

I cannot STAND here and tell you there are no problems of trust in Nigeria. I will be the last to say that the Ibo nation has not undergone persecution. I will be foolish to ignore the hunger that was used as a tool to starve the Ibo Nation during the civil war. I am perfectly in the know about the problems of the Nigeria structure, Abeg make we know our History but use am to work today to perfect tomorrow.

No one can argue the facts, and the facts are clear. The major problem of the Ibo Nation is also the major issue with the Nigeria State. 'The Mindset'. The Mind must first be liberated, the thoughts must be harmonised and the people of the South East, my dear brothers and sisters must know that the development of the region is horrible because the leaders in the region have failed. Politically, Religiously, Societally and Communally. Over the past decades; where is the Accountability from the leadership with regards;

1. FAAC;
2. IGR;
3. LOCAL BONDS;
4. FOREIGN DEVELOPMENTAL LOANS;
5. AIDS; GRANTS & BUDGETARY SUPPORT;
6. THE MANY FEDERAL PROJECTS IN THE REGION etc

The Failure of Leadership is evident in our agitation for Fairness, Justice and Equality for every Nigerian not just for every Ibo man. And so the Mind of the typical Ibo Leader Needs a Revolution to be realigned for the Interest of the People rather than the interest of their pockets. Biafra is not the Solution, I truly don't think so. So, Igbo ndi Oma. Let's focus on our home land and begin to demand accountability and responsibility from many of our Scammers, Riffraff’s and Fraudsters in the Ibo Kingdom called leaders. Let's us pause on the fantasy tagged Biafra for now. Let's us dutifully work ourselves back into reckoning, by industrialising our home base. 

I know we can, and we should. 

I also urge Mr President to show mercy on our brother Nnamdi Kanu; Him be Pikin.

Biafra, my Igboticness is always on my mind because #OURMUMUDONDO.

http://www.lindaikejisblog.com/2017/01/charly-boy-speaks-on-biafra-for-very.html

Lmao...Nigerians can be very smart
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Check out MY LEGAL DIARY
https://www.nairaland.com/3569908/interesting-legal-diary-legal-stories

How I wish people can fully understand how detrimental the effect of this MMM is and has been.
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Check out MY LEGAL DIARY
https://www.nairaland.com/3569908/interesting-legal-diary-legal-stories

It's not Nigeria now so I may not know...
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Check out MY LEGAL DIARY
https://www.nairaland.com/3569908/interesting-legal-diary-legal-stories

HOW TO DEAL WITH YOUR LAND LORD

http://www.thelegaldiary.com

Professor. Famewo is a Professor of Geography at the University of Nigerian, Nsukka. He acquired a three bedroom flat and a boys quarter in 2013 as part of his new year resolution. However, since he is currently resident at the Staff Quarters of the University, he decided to let out the house. In February 2014, Mr. George rented the three Bedroom flat at the rate of N240,000 (Two Hundred and Fourty Thousand Naira only) per annum and agreed to be paying his rent yearly. In March 2015, Prof. Famewo met his childhood friend, Mr. Chukwu who had just relocated to Nsukka and was in need of an accommodation. He graciously allowed Mr. Chukwu to occupy the boys quarter at no cost considering the nice time they had together in their early days. On the 20th of June, 2016, Professor Famewo served both Mr. George and Mr. Chukwu notice that they should quit the house the following day because he needs it for personal use. Mr. Chukwu just called me on phone insisting that he won't agree because he didn't beg him for a house before he willing told him to stay but he wants to be sure if he can follow the steps of Mr. George who just pack all his loads and locked the house and left. On the 25 of June, 2016, Professor Famewo got a carpenter to break the padlock and forcefully gained entrance into the house. Mr. George got information concerning this and he made an official report to the police while claiming that Professor Famewo forcefully gained entrance into his apartment and stole his N2,000,000 (Two Million Naira).
Points to Note:
1. A landlord and tenant relationship is strictly governed by Law and a landlord who seeks to recover his premises from a tenant must strictly comply with the provisions of the relevant Laws.
2. A landlord is a person entitled to immediate reversion of the premises and includes the attorney or agent of any such landlord or any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any accommodation in respect of which he claims a right to receive same.
3. A tenant includes any person occupying premises, whether on payment of rent or otherwise, but does not include a person occupying premises under a claim (in good faith) to be the owner of the premises.
4. Laws have been enacted at different levels principally to provide for procedures a landlord must comply with or adopt to recover possession. Such procedures are primarily to protect the interest of the tenant against that of the landlord.
5. The general Law is that the landlord on the expiration of the time rent or expiration of a valid notice to quit, may proceed to court for possession.
6. The Laws governing the Recovery of Premises requires an additional 7 days notice of owner’s intention to apply to court to recover possession to be given to the tenant. The landlord can only take out a writ after the expiration of the 7 days. The tenant therefore becomes a statutory tenant and cannot be evicted by force, except by a lawful court order.
7. The landlord can be sued and made liable for damages. In essence, resort to self-help by the landlord to evict a tenant who is in lawful occupation is not lawful and such a landlord renders himself liable to the tenant in trespass. Yes! You can sue the Landlord for pouring away your precious garri in this recession period.
8. Before a Landlord can recover a house, (1) there must be in existence some “premises” which is defined by law as “a house or building or any part thereof together with its gardens or other appurtenances” and (2) the landlord-tenant relationship must be established.
NB: The position of most Courts is that the landlord must still comply with the procedure laid down in the law even if there is no landlord-tenant relationship; provided the person sought to be evicted is in lawful occupation.
9. A landlord seeking to recover possession of his premises before the expiration of the tenancy is obliged to issue a notice to quit popularly called "Quit Notice". The notice stipulates a period within which the tenant must quit possession of the premises.
10. The period of notice given will usually depend on the agreement between the parties. In the absence of any agreement, the period of notice will be determined by provisions of the Law. The period of notice to be given by either party is as set out below:

Tenancy at will (squatters) or weekly tenancy – 1 week’s notice
Monthly tenancy- 1 month’s notice
Quarterly tenancy- 3 months' notice
Yearly tenancy- 6 months' notice.
NB: Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient.
Warning!!! The Calculation is not mathematics and it's more of a legal technicality. Professors of Economics from Ijebu should take note.
11. It is after the expiration of the period of notice that another 7days notice (notice of owner's intention to recover possession) mentioned above will be issued and the notices to quit must be issued by the landlord himself or by an authorized agent or Solicitor.
NB: It should be noted that it is the date the tenant gets the notice and not the date on the notice that is important.
12. When time stated in the notice of intention to apply to recover possession has lapsed, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ against the tenant or such other person neglecting to refusing to deliver up possession.
Did I just hear somebody shout "Haaa....someone will go and spend money again"? Calm down! In most cases, the Court in delivering the judgement orders such a tenant to pay the Landlord the cost of the litigation.
Yes! You already know the position of both Mr. George and Mr. Chukwu?
Professor Famewo should have just served Mr. George 6months Notice to Quit and subsequently 7days notice of his intention to recover possession. If he had done that and the tenant still refused to leave, he should have ejected him by the order of the Court. He will also urge the Court to order him to pay any amount of rent he's owing.
On the other hand, Professor Famewo should have served Mr. Chukwu (who is not a tenant) 7 days notice and then subsequently proceed to the Court to obtain the order to eject him.
NB: If the members of the Police Force later discovered Mr. George lied that Professor Famewo stole his money, the former may be arraigned at sentenced to a jail term of about 10years or more. However, I'm sure you all know the suffering such landlord would have gone through in the hands of the policemen before the truth is ascertained.

MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://www.thelegaldiary.com/

legendte:
Remove assistance from federal government, no tribe can beat Igbo in any human endeavour.

Just mention that sector you think. Unless the Igbos are not into it. It's not bragging. People do have some inherent characteristics and NEVER GIVE UP is one undeniable characteristics of the Igbos.

The Igbo boy selling gala on the street has a strong will to own gala factory. He puts his energy into whatever he believes in.

That's who we are.
Igbo ndi oma kwenu

[b]Brother calm down! Before you brag put your house in order. Accepted! Even if Nigeria breaks up Igbos will be the ones to suffer the least. However, this is at the initial stage because the Igbos will still have problem with themselves and finally go down the drainage. This means they will be overtaken by Yorubas and, if care is not taken, the Hausas. A typical Igbo man does not want to submit to anybody which is totally against human nature and characteristics; even divine law dictates that someone must lead at one poin in time while others follow. This shows will it is and may continue to be difficult for the Igbos to produce a President in Nigeria. There is nothing Pride can add to you or your tribe, put your house in order! Shall I give you an example? It is very difficult for a Yoruba boy to contest talk more of win the election for the Student Union Presidency of a University in the South-East while an Igbo boy can will the same position in the South-West. You think it is smartness and defending your territory? Have you ever heard of a King reigning in slavery in the quest to enforce his Kingly authority? That is the true picture of the Igbos.

Also, as industrious as Igbos can be and which I quite appreciate them for, an Igbo man can go to any extent because of money if we are not to deceive ourselves. I quite commend the fact that it's vary rear to see an Igbo man begging for alms. However, it is sardonic that quite a number can wear wear clothes of lawlessness in the name of money must be made. By the nature of my profession, I'm sure of my fact!

I can go on and on and on but my advice is that you do a re-orientation among yourselves. I feel if the federal allocation is withdrawn, Igbos will be very competitive against themselves and this will MOST LIKELY be a clog in the wheel of their progress.

Once again, your bragging is of no relevance if you can't put your house in order![/b]

HOW TO BUY A FAMILY LAND
http://www.thelegaldiary.com/

The Maku family owned a large parcel of land at Gbogboelamase Town which they inherited from their Late father who gave birth to 4 children; Sola, Tunde, Lekan, Iwalewa. The Head of the family, Chief Sola Maku sold the parcel of Land to Madam Anunla in 2001 after a family meeting with Mr. Tunde Maku and Mrs. Iwalewa Ogun (Nee Maku) where they agreed to sell the Land. Madam Anunla went ahead to obtain a Certificate of Occupancy (C of O) from the government in respect of the said Land in 2002. Mr. Lekan Maku was intentionally absent at the meeting claiming that he wasn't in agreement with the sale of the land and will reserve his comment for the main time. Mr. Lekan Maku later went ahead to sell the same parcel of land to Mr. Mike Zuru in 2004 claiming that he was the only one that has a right to sell the land because he is their father's favourite. Mr. Mike Zuru immediately obtained a Certificate of Occupancy in respect of the same parcel of land and started building a mansion on it. On getting to know of Mr. Mike Zuru's building on the said Land, Madam Anunla remembered her boyfriend then, Mr. Ndubuisi who read Law while they were in the University told her the owner of the land owns everything affixed to the land and decided she was going to wait till the completion of the mansion before she claims the Land. Mr. Mike Zuru completed the mansion in January, 2017 and Madam Anunla has gotten a lawyer to claim the said land arguing that she is the original owner of the land. Mr. Mike Zuru ran to my Chamber seeking my Legal advice while swimming in the fear of losing his investment.
Points To Note:
1. A Family Land is a land that is owned jointly by the members of a family; there is corporate ownership of such land.
2. A Family Land can only be validly sold by the Family Head with the consent of the principal members of the family. The practice is that the sale is valid where the Family Head sells the land with the consent of a majority of the principal members of the family.
3. If the Family Head sells the Family Land without the consent the principal members of the family, such sale is voidable; it will be valid only if the principal members of the family subsequently agrees to the sale.
4. If a family member sells the Family Land without the consent of the Family Head and other principal members of the society, such sale is totally invalid.
5. The Certificate of Occupancy is does not guarantee automatic title. The Law is that the Land belong to the par that can show a superior, better or paramount title to the Land.
6. Whatever is affixed to the land belongs to the Land/owner- (quic quid plantatur solo solo cedit). In essense, even if you build one billion Naira house on another man's land, the general law is that the owner of the land is the owner of such house. Awoof? Yes! Awoof...
7. You cannot give what you don't have. (nemo dat quod non habet). If you don't have title or interest in a land, then you don't have a valid title to transfer to any other person. In essence, anybody that buys a land from someone who has no right to sell it has bought nothing. In short, make your finding well before you buy any landed property.
8. If you delay in claiming your right, the law will not help you. Delay defeats equity. NOTE: Don't sleep on your right. The maximum period for claiming your right on a land is 12years after which the Limitation Law will bar you from bringing an action to enforce your right. Also, where you see someone trespassing on your Land and you don't take legal steps immediately but standby while watching, it will be taken that you have agreed that the person on the Land should be using the said Land and you are a father Christmas in any month you do that. For short, it will be taken that the trespasser has clicked "Get Help" and you've clicked "Provide Help".
9. The Limitation period starts counting from the moment the Land owner comes to the knowledge of the trespass or encroachment on his land. ACT PROMPTLY!!! The moment you see anybody trespassing on your land get a lawyer to help you write to such trespasser as well as to place CAUTION/CAVEAT on the said Land.
10. Long possession of a land is regards generally as evidence of ownership until it is proved otherwise. If you delay in bringing an action, you will be unable to get a chance to prove that you're the rightful owner and the trespasser that has been in possession for a long time will continue to dwell there. Painful? Yes! But that's the position of the Law.
However, possession, no matter how long, does not amount to ownership. Did I hear somebody saying he will go and do jazz against him? Well, the law does not recognize jazz.
In view of these, I suppose you should have gotten an understanding of the legal rights of the parties.
Chief Sola Maku, the Family Head, rightfully sold the Family land to Madam Anunla because he sold it with the consent of the Majority of the principal members of family. Therefore, Madam Anunla has a valid title.
Mr. Lekan Maku's sale of the family Land to Mr. Mike Zuru without the consent of the Family Head and other principal members of the family is invalid. This is because Mr. Lekan cannot give what he doesn't have which means Mr. Mike Zuru bought nothing.
Originally, the Mansion Mr. Mike Zuru built on the said Land should belong to Madam Anunla because whatever is affixed to the Land belongs to the Land/Owner. Madam Anunla owns the land and should be the owner of the structure built on it.
However, Madam Anunla went ahead to buy a Mouka Foam and slept on her right. In other word, she delayed in claiming her interest in the Land and, apart from the fact the period has exceeded 12years stipulated by the Limitation Law, seeing the trespasser building on her land and saying nothing is taken as acquiescence under the Law.
Ultimately, although the Land rightfully belongs to Madam Anunla but since she's barred by the Limitation Law from suing, the whole situation is in favour of Mr. Mike Zuru who is allowed to remain in possession of the Land.

MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://www.thelegaldiary.com/

Hello People. It's so nice and interesting to be here. I've always held the view that Law is almost, if not, everything in the society. Believe me! The Law can either make or Mar you. You think it is only Lawyers that should know the Law? Definitely not! In fact, what should give your Lawyer an edge over you is that he know where to find the Law.
Having said that, even though I'm still learning, I've decided to educate my esteemed people on this platform by posting the Legal stories of people and proffering Legal advice as much as possible. This can be in form of decided cases, fresh briefs or even hypothetical cases we can learn from.
Note, however, that nobody is an island of knowledge or above mistake. So, the opinions of learned persons on this platform are also welcome. This is also an opportunity for you to ask that question that has been bothering you about your legal rights or duties in your day to day activities.
JOIN ME IN THIS TRAIN AND LET'S RIDE ON!!!


Re: My Legal Diary: Legal Stories And Legal Opinions by Withambition!
Mr. Tunde Alaye was an employee of Olaitan Yisa Consulting Ltd at the Itoko Branch of the Consulting Firm.  He was so employed on 4-7-83. In September 1987, two individuals who were officers of the National Union of Political Consulting Institution Employees jointly sent a petition against the Mr. Tunde Alaye.  It was alleged that the he had committed some dishonest acts in the course of his duties under Olaitan Yisa Consulting Ltd.   In consequence, the Consulting Ltd suspended him from work. Later, however, those who wrote the petition withdrew it.  This would appear to convey that the petition had been motivated by malice.  Mr. Alaye’s expectation that he would be recalled from suspension following the withdrawal of the petition did not materialize.  Rather, Mr. Alaye, by a letter dated 12-10-87, was summarily dismissed from Olaitan Yisa Consulting Ltd's employment.
Points to Note:
1. In an "ordinary employment relationship" like in this one and following the common law principle, a termination of a contract of service, even if unlawful brings to an end the relationship of master and servant. This is because the court cannot impose an unwilling employee on an unwilling employer and vice versa.
2. However, where the contract of employment has "statutory flavour" i.e where the contract of employment was established by a statute and such statute prescribes the manner in which an employee may be relieved of his employment like the due observance of the principle of fair hearing (giving the employee an opportunity to defend himself), the termination of the contract of employment will be invalid if the procedure is not followed. For the purpose of clarity, when an office or employment has a statutory flavour in the sense that its conditions of service are provided for and protected by statute or regulations, any person holding that office or in that employment enjoys a special status over and above the ordinary master and servant relationship (which is governed by Common Law). In the matter of disciplining of such a person, the procedure laid down by the applicable statute or regulations must be fully complied with.  If materially contravened, any decision affecting the right or tenure of office of that person may be declared null and void in appropriate proceedings. So, if you're working for the government, for example, your Director or even Commissioner cannot just wake up one day and say you should leave the government service.
3. An employee or an employer have a right to walk away from a contract of employment is the manner specified in their written contract. In most cases, it is by giving the requisite notice agreed upon. However, where an employer lays of an employee without the necessary notice, he is expected to compensate the employee by paying the benefits the employee would have derived from his retention of his employment for the number of months the employer should have given him notice of termination. In short, The law is that a servant would only be paid for the period he served his master and if he is dismissed as in this case, although wrongfully all he gets as damages is the amount he would have earned if his appointment has been properly determined. Thus, where an employee is relieved of his employment without the requisite notice or his entitlement in lieu of the notice, he can sue for his entitlements but I'll advise such employee gets a lawyers to write his employer first to demand such entitlement before resorting to litigation which may be quite expensive.
4. On the other hand, where an employee is summarily dismissed, he is not entitled to any notice and cannot claim any benefit from his employer. An employee may be summarily dismissed if he is guilty of gross misconduct such as fraud, sexual offences etc. However, in a claim for wrongful dismissal, the measure of damages is prima facie the amount that the employee would have earned had the employment continued according to contract. It is the duty of such employee to minimize the damage he sustains by the wrongful dismissal i.e. he is required to minimize his damage by looking for another job.
5. An employer though not bound to give reasons for terminating the appointment of his employee: where the employer gives reason for the termination the onus lies on the employer to establish that cause of reason. For example, if you're working in a private establishment and your employer gives you sack letter because you refused to marry his daughter there is nothing you can do to it even if you know that his reason for termination your employment contract. However, where he discloses the reason why he gave you sack letter, he has to prove that it is reasonable.
6. An employer has no right to stop an employee's salary when the latter is on suspension.
With these Laws, what do you think is the hope of Mr. Tunde Alaye?
I'm of the view that Mr. Tunde Alaye can only claim the amount he would have gotten for the months he should have been given due notice of the termination of his employment.

https://www.nairaland.com/3569167/legal-diary-legal-stories-legal#52751961

mikezuruki:
Hello withambition, I'm really interested about your latest thread, couldn't express my interest there because there is an INSUFFICIENT PERMISSION. I'll suggest you create a whatsapp group in that respect. thank you.

dear Mikezuruki, I'm happy you're interested in the thread. It is also a source of encouragement to me. I will create a whatsapp group with time. You can also be magnanimous enough to share the info so your follows can see it. Thank you

honey001:
Please, I will like to know which one is better out of the two jobs, he presently works in one of the federal govt agency and another door opens at one of the newly established private university as non teaching staff. both jobs has same schedule. Salary of the fresh job not known yet, but was told that it operates on Federal scale too.... a

the Federal Government appointment has what is called "statutory flavour" which means they cannot just wake up one day and lay him off except he is guilty of gross misconduct.

Ogun State indigenes took to Facebook to express their grievances over the rulership of the incumbent Governor of Ogun State. This was seen on the platform used to canvassed votes for the Governor on his nomination as the Silverbird Man of the Year.

See the comments:
https://m.facebook.com/SenatorIbikunleAmosun/photos/a.183850678326175.44785.150797314964845/1508057345905495/?type=3&fs=1Let's hear your vi
Let's hear your view. Do you think he deserves it?

Lalasticlala ooo

All of them just fulfil all reightousness

I just always imagine how sweet it would be if both parties have never being in chains of relationships and they marry as first loves.

manikspears:
If that guy is able to come up with 50mill between now and Tuesday ,then you don't know anything about him. I've been following this case, he is even a general overseer of a church in abeokuta.......etc, from every information gathered He may not be as innocent as you think.

Bros! I won't say you should not comment ignorantly but read the bail conditions again. "Or surety in like sum" means he can be bailed if a person worth up to 50million(having property worth 50million) stands as surety for him.

IVORY2009:
Dont mind them, arrangee govt of Buhari will always fail, 1.2 billion naira can not be withdrawn, neither can it be moved earily frm place to place, dis govt his a big disappointment I swear how can one move 1.2 billion naira, Lai Mohammed should have done better here to help package this lie....

Don't too sure! This is Nigeria Nigeria anything goes. I heard real life cases like that

promqueen247:
I thought banks keeps their dealing with customer strictly confidential, the authorities backed by court order only request for financial records not staff contribution. This is violation of work ethic.

What are you saying? Do you want to kill the man? If he under torture by police, do they born him well not to say all these things? If they've received court order, do you want him to be prosecuted for obstruction of justice? Take note, everybody is trying to save his/ her head and, with this one you're talking about breach of profession ethics, he will still lose his job if he is implicated. Put differently, the will lose on both sides if he's implicated; he will be prosecuted and his appointment will be terminated.

iLegend:
ESCOFi REMOTE: A must read book about women for all men - by iLegend.

Sorry for the delay on the ESCOFi remote(key) book.

After reading 100+ books on dating and seduction, and also doing my personal research and observations. I can boldly tell you women are not as mysterious as we think.

The book is under-going formatting and proof reading. Every living thing called a man MUST read this book if you want to know and see how the female brain works toward courtship and relation. How women select who to date and who to hurt.

(Oh! Because you're tall and handsome you think she won't hurt you? Oh! Because you're rich you think she won't cheat on you?)

Have you been through heartbreaks? After this book you'll be the one to break heartbreaks.

It's not about looks, height and money it's about your mindset and your behavior. Then, other things can be added.

You'll be nodding your head from the beginning of this book till the end.

This book is the summary of all the great books on dating, seduction, bad boy, nice guy and rich man.

The way you press the ESCOFi button determines your outcome.

Eg. A bad boy will first press C, press S, and then press E. And she's hooked.

But a nice guy will press E, press F, then try to press S but the button will freeze on him. And she'll be repulsed. Too bad.

Learn these skills and women will not resist you. I promise.

I believe the editing and packaging will be done in some weeks. It'll only be in soft copies for now.

Gracias

—iLegend

Modify: After a critical review, I have decided to include "i" button. It stands for intellectual button. Women dig intelligent bad-boys a lot, so the acronym is now ESCOFi or iESCOF. I'm officially using ESCOFi

please send to jagunogunmodede@gmail.com

Pls, Lalasticlala help put this on front page.