The freezing of a bank account without a court order raises significant legal and constitutional questions, particularly concerning the protection of fundamental rights. In the case of Access Bank Plc v. Agbasiere (2022) LPELR-58489(CA), the Court of Appeal addressed whether such an action can be challenged under the Fundamental Rights (Enforcement Procedure) Rules.

The Issue

The primary question was whether the respondent, whose account was frozen without a court order, could pursue a remedy under the Fundamental Rights (Enforcement Procedure) Rules or whether the proper route was through a regular writ of summons.

The Court’s Ruling

Justice Patricia Ajuma Mahmoud, JCA, affirmed that the freezing of the respondent’s account without a court order violated their fundamental rights and could be challenged under the Fundamental Rights (Enforcement Procedure) Rules. Relying on Section 44(1) of the 1999 Constitution, the court emphasized:

“No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by law.”

The court cited precedents, including:

1. Olagunju v. EFCC (2019) LPELR-48461(CA), where it was held that freezing an account without a court order is unlawful and unconstitutional, constituting a breach of the fundamental right to moveable property.

2. GTB Plc v. Adedamola & Ors (2019) 5 NWLR (Pt. 1664) 30(CA), where similar actions were successfully challenged under the Fundamental Rights (Enforcement Procedure) Rules.

In light of these decisions, the court concluded that the lower court was correct in exercising jurisdiction to hear and determine the respondent’s application.

Key Legal Principles

1. Constitutional Protection of Property: Section 44(1) of the 1999 Constitution protects individuals from the compulsory acquisition or restriction of their movable or immovable property, except as prescribed by law.

2. Court Order Requirement: Freezing a bank account without a court order violates this constitutional protection and constitutes a breach of fundamental rights.

3. Remedy Under Fundamental Rights Rules: Victims of such actions can seek redress under the Fundamental Rights (Enforcement Procedure) Rules, as the principal relief centers on the violation of constitutional rights.

Implications for Legal Practice

This decision reinforces the protection of individual property rights and provides clear guidance for legal practitioners. Key takeaways include:

   •   Always ensure proper legal authorization, such as a court order, before freezing accounts.

   •   For victims, the Fundamental Rights (Enforcement Procedure) Rules offer a direct remedy for challenging unconstitutional actions.

   •   Courts will not hesitate to strike down unauthorized restrictions on property rights and provide redress to affected individuals.

Conclusion

The ruling in Access Bank Plc v. Agbasiere highlights the importance of adhering to due process when freezing bank accounts. Such actions without court orders not only violate constitutional protections but also expose financial institutions and regulators to legal liability. For individuals whose rights have been infringed, the Fundamental Rights (Enforcement Procedure) Rules provide a robust framework for seeking justice.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

In the case of Peterson & Ors v. Idufueko (2024) LPELR-62461(CA), the Court of Appeal reiterated a fundamental principle of Nigerian civil procedure: courts are prohibited from delving into substantive issues when deciding a preliminary objection. This principle ensures that preliminary objections are restricted to procedural issues, preserving the impartiality and fairness of judicial proceedings.

The Core Issue

The appellants in this case argued that the lower court had improperly analyzed substantive issues while determining a preliminary objection. Specifically, they claimed the issue of their non-party status in the consent judgment should not have been addressed at that stage of the proceedings.

The Court of Appeal emphasized that this was a misstep, as resolving substantive issues during the consideration of a preliminary objection goes against established legal principles.

The Court’s Ruling

Justice Ita George Mbaba, JCA, clarified the court’s position by referencing several precedents, stating:

“The law forbids a Court from delving into the substantive matter, which is yet to be tried, at the time of considering a preliminary objection. The issue of appellants not being parties to the consent judgment is not (and cannot be) an issue at this stage of the case, since the substantive matter is yet to be heard.”

The court further relied on notable cases, such as British American Tobacco Plc v. A.G. Kano State (2021) LPELR-56570(CA), to reinforce the principle that substantive issues must only be addressed during the trial proper.

Key Legal Principles

1. Preliminary Objections Focus on Procedure: Preliminary objections are intended to address procedural defects, such as jurisdiction or the competence of a case, rather than resolve substantive disputes.

2. Preservation of Fairness: Courts must avoid making observations or decisions that could prejudge the substantive issues of a case.

3. Precedent on Substantive Restraint: The court relied on landmark cases, including:

 •   NDIC v. SBN Plc (2003) 1 NWLR (Pt. 801) 371

  •   Attorney General of the Federation v. Attorney General of Abia State (2001) LPELR-24862(SC)

  •   Akinrinmisi v. Maersk Nig. Ltd & Anor (2013) 10 NWLR (Pt. 1367) 73

These cases consistently caution against judicial overreach during preliminary objections.

Implications for Legal Practice

This decision serves as a critical guide for legal practitioners and judges alike. It highlights the need to:

   •   Restrict arguments during preliminary objections to procedural issues.

 • Avoid veering into substantive matters that require full trial adjudication.

   •   Preserve the integrity and neutrality of the judicial process until the substantive matter is ripe for determination.

Conclusion

The decision in Peterson & Ors v. Idufueko reinforces the boundary between procedural objections and substantive issues in Nigerian courts. It underscores the principle that fairness and due process demand a clear distinction between preliminary objections and the trial of substantive matters.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

Desertion is a common ground for seeking the dissolution of marriage under Nigerian matrimonial law. However, proving desertion involves meeting specific legal requirements, as highlighted in the Court of Appeal’s decision in Igbuwe v. Igbuwe (2023) LPELR-60748(CA). This case examines the critical elements of desertion under Section 15(2)(d) of the Matrimonial Causes Act (MCA).

The Issue

The appellant filed a petition seeking a decree of dissolution on the ground that the respondent had deserted the marriage for about two years, thereby causing the marriage to break down irretrievably. The trial court analyzed the evidence but found it insufficient to prove desertion, a decision upheld by the Court of Appeal.

Key Legal Principles on Desertion

Justice Abimbola Osarugue Obaseki-Adejumo, JCA, reiterated the elements required to establish desertion, relying on the decision in Nwakwo v. Nwakwo (2014) LPELR-24396(CA). The court explained that for desertion to be established, the following elements must be present:

1. Elements on the Part of the Deserting Spouse

   •   Factum (Physical Separation): There must be clear evidence of the deserting spouse physically separating from the marital home.

   •   Animus Deserendi (Intention to End Cohabitation): The deserting spouse must have the intention to permanently end cohabitation.

2. Elements on the Part of the Deserted Spouse

   •   Absence of Consent: The deserted spouse must not have consented to the separation.

   •   Absence of Conduct Leading to Desertion: The deserted spouse’s behavior must not have reasonably caused the deserting spouse to decide to end cohabitation.

These elements must be proven cumulatively to succeed in a petition based on desertion.

Court’s Ruling

The court found that the evidence presented by the appellant did not satisfactorily establish the required elements, particularly the animus deserendi of the respondent and the absence of conduct reasonably causing the desertion. The court emphasized the need for concrete evidence to support such claims under Section 15(2)(d) of the MCA.

Implications for Legal Practice

This case serves as a valuable guide for legal practitioners handling matrimonial causes. Key takeaways include:

1. Comprehensive Evidence: Both physical separation and intention to desert must be demonstrated with credible evidence.

2. Focus on Conduct: The petitioner must establish that their behavior did not contribute to the desertion.

3. Statutory Requirements: Adherence to Section 15(2)(d) of the Matrimonial Causes Act is essential in proving desertion.

Conclusion

The decision in Igbuwe v. Igbuwe underscores the stringent evidentiary requirements for proving desertion as a ground for dissolution of marriage. Petitioners must not only establish the physical separation but also prove the intention to permanently end cohabitation, while also demonstrating their own lack of fault in the separation.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

The legal landscape surrounding the use of counterclaims in Nigerian civil procedure has been further clarified in the case of Ituen v. Speaker, Akwa Ibom State House of Assembly & Ors (2021) LPELR-53318(CA). This decision focuses on whether a respondent can embed a counterclaim within a counter-affidavit filed in response to an affidavit in support of an originating summons.

The Issue

The appellant in this case contended that the counterclaim of the 1st respondent, embedded within the counter-affidavit, amounted to an abuse of court process. This raised the question: Can a counterclaim in an originating summons procedure be incorporated into a counter-affidavit?

The Court’s Ruling

Justice Mojeed Adekunle Owoade, JCA, addressed this issue comprehensively, holding that:

“The counter-affidavit in the originating summons procedure is synonymous with the statement of defence in pleadings under the writ of summons procedure. It follows logically that in the originating summons procedure, the counterclaim has to be contained in the counter-affidavit as a counterclaim is contained in the statement of defence in the writ of summons procedure.” (Pp 15–20 Paras A–C)

The court emphasized that affidavits in originating summons cases are considered equivalent to pleadings:

•   The claimant’s affidavit is treated as the statement of claim.

 • The defendant’s counter-affidavit is treated as the statement of defence.

Thus, a counterclaim within a counter-affidavit is procedurally proper as long as the counterclaimant sufficiently indicates their intention to rely on the same pleadings in support of their counterclaim.

Key Principles Established

1. Equivalence of Affidavits and Pleadings: In originating summons cases, affidavits serve the same purpose as pleadings in writ of summons cases.

2. Validity of Embedded Counterclaims: A counterclaim may be included within a counter-affidavit in originating summons procedures without constituting an abuse of court process.

3. Requirement of Sufficient Indication: The counterclaimant must clearly indicate their intention to rely on the pleadings in support of the counterclaim.

4. Court’s Jurisdiction on Counterclaims: Even if the main claim fails, the court is not precluded from considering the counterclaim embedded in the counter-affidavit.

Implications for Legal Practice

This ruling underscores the procedural flexibility afforded to respondents in originating summons cases. Legal practitioners should take note of the following:

   •   Embedding a counterclaim within a counter-affidavit is procedurally sound and permissible.

   •   Clear articulation of the counterclaim and reliance on the same pleadings are crucial to satisfying procedural requirements.

   •   The court retains the authority to consider counterclaims even if the primary claim is dismissed.

Conclusion

The Court of Appeal’s decision in Ituen v. Speaker, Akwa Ibom State House of Assembly & Ors affirms that counterclaims can be incorporated into counter-affidavits in originating summons proceedings. This interpretation provides clarity and procedural certainty for parties involved in such cases.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified legal professional.

In legal practice, counter-claims are powerful tools that allow defendants to assert their rights against plaintiffs within the same proceedings. However, the scope and nature of counter-claims have been subject to judicial scrutiny, as clarified in the Court of Appeal’s decision in Comex Resources & Inv. Ltd v. Olive Foundation (Nig) Ltd & Ors (2018) LPELR-49953(CA). This case examines whether a defendant can counter-claim against a co-defendant.

Key Issue

Can a defendant bring a counter-claim against a co-defendant in the same proceedings?

The Court’s Ruling

Justice Jamilu Yammama Tukur, JCA, provided a definitive answer:

“Now, the law is trite that a counter-claim is a legal procedure which allows the Defendant to maintain an action against the plaintiff in the same proceedings. It is therefore a cross-action. What it means is that by its very nature of being a cross-action a defendant would not be allowed to bring a counter-claim against the Defendants. This is so because a counter-claim means a cross-action against the plaintiff in the same proceedings and the Defendant for the purposes of the counter-claim is the plaintiff while the plaintiff is the defendant in the counter-claim.” (P. 9 Paras A-C)

The court highlighted the foundational principle of counter-claims: they are cross-actions strictly between defendants and plaintiffs. Consequently, a defendant cannot legally counter-claim against a co-defendant, as this falls outside the procedural framework for counter-claims.

Implications for Legal Practice

This decision underscores the following principles:

1. Nature of Counter-Claims: Counter-claims are procedural mechanisms designed to balance claims between defendants and plaintiffs.

2. Limitations: Counter-claims cannot be used to litigate disputes between co-defendants within the same proceedings.

For legal practitioners, this judgment serves as a critical reminder to assess the appropriateness of counter-claims and ensure they align with procedural rules.

Conclusion

The decision in Comex Resources & Inv. Ltd v. Olive Foundation (Nig) Ltd & Ors reinforces the boundaries of counter-claims in Nigerian civil procedure. While counter-claims remain an effective tool for defendants to pursue cross-actions against plaintiffs, their use against co-defendants is impermissible. Legal practitioners must carefully evaluate the nature of claims and adhere to procedural rules to avoid missteps.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For specific legal concerns or guidance, consult a qualified legal professional.

In the landmark case of Olaniyan v. Olaniyan (2024) LPELR-62816(CA), the Court of Appeal provided crucial clarifications on various aspects of matrimonial proceedings under Nigerian law. This decision addresses critical issues regarding the necessity of a petitioner’s testimony, the grounds for dissolution of marriage, and the rules of evidence applicable in matrimonial cases.

Personal Testimony of the Petitioner: Is it Mandatory?

A pivotal issue addressed in this case was whether it is mandatory for a petitioner to personally testify in matrimonial proceedings to secure the reliefs sought. Justice Folasade Ayodeji Ojo, JCA, emphasized:

“There is no provision in the Matrimonial Causes Act or Matrimonial Causes Rules which makes it mandatory for the Petitioner to testify personally before she will be entitled to the reliefs sought.” (P. 29, Paras D-E)

This clarification ensures that petitioners who are unable to appear in person can still proceed with their petitions, provided evidence is led in support of the claims through other means.

Grounds for Dissolution of Marriage

The statutory framework for the dissolution of marriage is anchored in Section 15(1)-(3) of the Matrimonial Causes Act. Justice Muhammad Ibrahim Sirajo, JCA, outlined the specific grounds upon which a marriage can be dissolved, including:

1. Refusal to consummate the marriage.

2. Adultery and resulting intolerability.

3. Unreasonable behavior by the respondent.

4. Desertion for at least one year.

5. Separation for at least two years (with no objection by the respondent).

6. Separation for at least three years.

7. Failure to comply with a decree for restitution of conjugal rights.

8. Presumption of death due to prolonged absence.

These grounds reinforce the principle that a marriage must have “broken down irretrievably” to warrant a decree of dissolution.

Rules of Evidence in Matrimonial Causes

Another significant clarification provided by the court concerned the rules of evidence applicable to matrimonial proceedings. Justice Sirajo, JCA, explained:

“The Court shall not grant a decree of dissolution of marriage without receiving evidence by the petitioner in support of the petition.” (P. 17, Paras C-C)

However, the court noted that this does not necessitate the petitioner’s physical presence in court. Evidence can be led through:

   •   Witness testimony,

   •   Oral or documentary evidence, or

   •   Any combination of the above.

The rules of evidence in civil proceedings, as codified in the Evidence Act, apply to matrimonial causes unless expressly excluded by the Matrimonial Causes Act or Rules. This principle aligns with the decision in Amah v. Amah (2016) LPELR-41087(CA), where the court held that matrimonial proceedings could incorporate civil rules of evidence to prove facts.

Implications for Legal Practice

This decision has far-reaching implications for matrimonial causes in Nigeria. It:

   •   Eases the burden on petitioners who are unable to appear in court, as they can rely on witnesses or documentary evidence to support their case.

   •   Reinforces the flexibility of matrimonial proceedings, aligning them with general civil rules of evidence.

   •   Provides clarity on the statutory grounds for divorce, ensuring parties understand the legal thresholds required to dissolve a marriage.

Conclusion

The Court of Appeal’s decision in Olaniyan v. Olaniyan highlights the evolving nature of matrimonial law in Nigeria. By interpreting the Matrimonial Causes Act and Rules in a pragmatic manner, the court ensures access to justice for petitioners while maintaining adherence to legal standards.

For legal practitioners and litigants alike, this judgment serves as an invaluable guide to navigating the complexities of matrimonial proceedings.

Disclaimer

This post is for informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified legal professional.

Recently, tensions have flared between a Nigerian activist, content creator and public figure and another public figure, with the latter sending a cease-and-desist letter, threatening to sue for defamation. This situation raises key questions about free speech, public interest, and protecting one’s reputation. Here’s a look at both sides of the argument.

For the Nigerian Activist, Content Creator and Public Figure: Right to Free Speech and Public Interest

The activist argues that his comments and the release of the audio recording were aimed at exposing possible corruption—a matter of public interest. Public figures are often subject to scrutiny, and discussing their actions is part of open debate.

His comments were phrased as questions and opinions, not direct accusations. In Nigerian law, there is a distinction between expressing an opinion and making a false, damaging statement. Since his remarks were speculative and not presented as facts, he can argue that he was exercising his right to free speech.

Against the Nigerian Activist, Content Creator and Public Figure: Harmful Speculation and Potential Defamation

On the other hand, the other public figure views the activist’s remarks as damaging and misleading. Even though the statements were framed as questions, they could imply false information that harms the other public figure’s reputation. Under Nigerian law, even insinuations can be defamatory if they expose someone to ridicule or damage their standing in society.

If the other public figure can show that these comments have harmed his reputation, he might have a case for defamation. From this angle, the cease-and-desist letter is a reasonable step to protect his name and stop the spread of potentially harmful speculation.

For the other Public Figure: Protecting Reputation

The other public figure has the right to defend his reputation against what he sees as unverified and damaging insinuations. The cease-and-desist letter is a warning to the activist to stop making speculative comments that could harm his image. Public figures may be subject to scrutiny, but that doesn’t give others a license to spread harmful rumors.

Against the other Public Figure: Intimidation and Suppressing Free Speech

However, the cease-and-desist letter could also be seen as an attempt to intimidate the activist. Public figures, especially those with legal knowledge and resources, may be perceived as using legal threats to address criticisms, which some argue could limit free speech. The activist might argue that he was simply raising questions based on a public audio recording and that such discussions are essential for transparency.

Conclusion

This dispute highlights the ongoing struggle between free speech and reputation protection. While the activist claims he was discussing a matter of public interest, the other public figure is focused on safeguarding his reputation. The outcome of this dispute will shed light on how Nigerian law balances these competing rights.

Disclaimer

This blog post is intended for informational purposes only and does not constitute legal advice. The views expressed are based on a general understanding of Nigerian defamation law and public interest issues. For specific legal concerns, please consult a qualified legal professional.

In Nigeria, the relationship between landlords and tenants is governed by a complex web of laws, with the Recovery of Premises Act being one of the most significant pieces of legislation aimed at protecting the interests of tenants. Despite these protections, tenants often face challenges such as arbitrary rent increases, illegal evictions, and poor living conditions. Understanding the legal protections available to tenants, particularly under the Recovery of Premises Act, and the remedies they can seek is crucial for safeguarding their rights.

Understanding the Tenancy Agreement

The tenancy agreement forms the foundation of the landlord-tenant relationship. It outlines the rights and obligations of both parties and can be either oral or written. However, a written agreement is highly recommended for clarity and enforceability. The agreement should specify essential terms such as the duration of the tenancy, the rent amount, payment schedule, and other relevant conditions. Tenants must ensure they fully understand the terms before signing, as it becomes legally binding and can significantly impact their rights under the law.

Rights of Tenants Under Nigerian Law

The Recovery of Premises Act, along with other tenancy laws in Nigeria, confers several rights on tenants to protect them from exploitation and unfair treatment. Some of these rights include:

• Right to Peaceful Enjoyment of the Property: Tenants are entitled to live in the rented property without undue interference from the landlord, provided they comply with the tenancy agreement. The Recovery of Premises Act reinforces this right by ensuring that tenants cannot be unlawfully evicted or harassed.

• Right to Notice Before Rent Increase: The Recovery of Premises Act mandates that landlords must provide adequate notice before increasing rent. The notice period is typically one month for monthly tenants and three months for yearly tenants, but this may vary depending on the specific provisions of the tenancy agreement or local laws.

• Protection Against Illegal Eviction: The Recovery of Premises Act is particularly significant in protecting tenants from illegal evictions. It stipulates that landlords must follow due process, including serving the tenant with a statutory notice to quit and a notice of owner’s intention to recover possession. If the tenant fails to vacate after the expiration of the notice, the landlord must obtain a court order before carrying out the eviction.

• Right to a Habitable Environment: The Act also places an obligation on landlords to ensure that the premises are in a condition fit for habitation. Tenants can demand necessary repairs or improvements, and failure by the landlord to comply may lead to legal consequences.

Remedies Available to Tenants

When a tenant’s rights under the Recovery of Premises Act or other tenancy laws are violated, several legal remedies are available:

• Seeking Injunctive Relief: If a landlord attempts an illegal eviction or any other unlawful action, the tenant can apply to the court for an injunction to prevent the landlord from proceeding with such actions. The Recovery of Premises Act allows tenants to seek immediate judicial intervention to protect their occupancy rights.

• Claiming Damages: Tenants can sue for damages if they suffer loss or injury due to the landlord’s actions, such as unlawful eviction or failure to maintain the property in a habitable condition. The Recovery of Premises Act provides a framework for such claims, ensuring that tenants can seek compensation for any harm suffered.

• Reporting to Regulatory Authorities: Tenants can report landlords to relevant state authorities, such as the Rent Tribunal, which handles disputes related to rent and tenancy matters. The Recovery of Premises Act empowers these tribunals to adjudicate on matters concerning possession and eviction, providing tenants with a formal avenue to resolve disputes.

• Termination of Tenancy: If the landlord fails to fulfill their obligations under the tenancy agreement or the Recovery of Premises Act, the tenant may terminate the tenancy agreement and seek relocation to a more suitable property. This termination must also follow the procedures outlined in the Act, ensuring that both parties adhere to legal standards.

Conclusion

The Recovery of Premises Act, alongside other tenancy laws, provides a robust framework for the protection of tenant rights in Nigeria. By understanding these legal protections and knowing the remedies available, tenants can effectively assert their rights and seek justice when necessary. It is also advisable for tenants to consult legal professionals when facing disputes, as the laws can vary significantly from one state to another.

Citations

• Recovery of Premises Act, Cap 544, Laws of the Federation of Nigeria 1990

• Tenancy Law of Lagos State 2011

• Rent Control and Recovery of Residential Premises Law, Lagos State 1997

•  Landlord and Tenant Law in Nigeria by Festus Emiri (2017)

Disclaimer

This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal concerns, tenants should consult a qualified legal practitioner to obtain advice tailored to their situation.

Owning land in Nigeria is a significant milestone, but it often comes with legal challenges. Whether you’re purchasing property, inheriting land, or dealing with a dispute, understanding how the law recognizes and protects land ownership is crucial. In this post, we’ll break down the key aspects of declaring title to land in Nigeria, with insights from recent court cases.

The Basics of Land Ownership in Nigeria

First, let’s talk about the law that governs land ownership in Nigeria: the Land Use Act of 1978. This law places all land in each state (except land vested in the Federal Government or its agencies) under the control of the state Governor, who holds it in trust for the people. When you own land in Nigeria, you’re typically holding a right of occupancy, which is subject to government regulations.

There are two main types of land tenure under this law:

• Statutory Rights of Occupancy: Granted by the government and formalized with a Certificate of Occupancy (C of O), giving you the right to use the land for a set period, usually 99 years.

•  Customary Rights of Occupancy: Based on traditional practices, this type of ownership is more common in rural areas.

How Do You Prove You Own the Land?

If you’re trying to prove that you own a piece of land, Nigerian law recognizes five main ways to do this. These methods were first outlined in the case of Idundun v. Okumagba (1976) LPELR-1431(SC), but they’re still very relevant today. Let’s break them down with some recent examples:

• Traditional History: This involves tracing ownership of the land from its original owners down to you. It’s often used for land that has been in the same family or community for generations. In the case of Aduwak v. Akap (2024) LPELR-62031(CA), the Court of Appeal held that it is settled law that, to prove title to land through traditional history, the claimant must establish the following: (a) who founded the land, (b) how the land was founded, and (c) the names and particulars of the successive owners through whom the claimant derives their claim..

• Title Documents: Valid documents like a deed of assignment or a Certificate of Occupancy can serve as strong evidence of ownership. The courts are meticulous in examining these documents. In Osamwonyi v. Ogunsuyi & Anor (2021) LPELR-56032(CA), the court reiterated the questions that must be considered when documents of title are presented as proof of ownership. These questions include: : (a) Whether the document is genuine and valid; (b) Whether it has been duly executed, stamped and registered; (c) Whether the grantor had the authority and capacity to make the grant; (d) Whether the grantor had in fact what he purported to grant; and (e) Whether it has the effect claimed by the holder of the instrument.

• Acts of Ownership Over Time: If you’ve been using the land for farming, building, or renting over many years, these actions can help prove your ownership. The court in the case of Mohammed v. Federal Ministry of Lands, Housing & Urban Development & Ors (2023) LPELR-60758(CA) highlighted what a party relying on acts of possession and ownership must prove in a claim for the declaration of title to land when it held as follows: “The acts of ownership and possession that will support a claim for title to land must extend over a sufficient length of time and must be numerous and positive enough to warrant the inference that the plaintiff is the true owner.” 

• Long Possession: If you’ve had uninterrupted control of the land for a long time (typically 12 years or more), you may be able to claim ownership under adverse possession. This principle was reinforced in Ekanem v. Odung & Ors (2023) LPELR-60600(CA), where the court reiterated the principle of law regarding whether long and adverse possession can ripen into absolute ownership: “An adverse and exclusive possession of land for several years could ripen into ownership, particularly when there is no evidence that the plaintiff, who asserts ownership of the land, was aware of the defendants’ adverse possession but never took steps to eject them from the land or demand payment of any rent.”

• Ownership of Adjacent Land: If you own neighboring land, this might help strengthen your claim. In Agbatimingin & Ors v. Efejedia & Ors (2023) LPELR-60744(CA), the court accepted evidence of ownership of adjacent plots as corroborative evidence.

How Courts Handle Land Disputes

When it comes to land disputes, Nigerian courts have emphasized that you must prove your ownership based on the strength of your evidence, not just by highlighting flaws in the other party’s case. This was reinforced in Ani & Ors v. Effiok & Ors (2023) LPELR-59783(SC).

Common Issues in Land Disputes

Land disputes in Nigeria are often complicated by issues like double allocation (when the same piece of land is allocated to more than one person), fraudulent documents, and conflicting claims. These challenges can lead to lengthy court cases. Due to these complexities, it’s wise to consult a property lawyer who can help you navigate these challenges.

Final Thoughts

Proving land ownership in Nigeria isn’t always straightforward, but understanding the legal principles and staying updated on recent court decisions can help you navigate the process. Whether you’re buying land, resolving a dispute, or defending your title, having the right information—and legal support—can make a world of difference.

Disclaimer: This blog post is for informational purposes only and should not be taken as legal advice. If you’re dealing with a land issue, it’s best to consult a lawyer who can provide guidance specific to your situation. We are not responsible for any actions taken based on the content of this article.

With the right knowledge and support, you can approach land ownership in Nigeria with confidence, knowing that you’re well-prepared to handle any legal challenges that come your way.

Investing in Nigeria can be highly rewarding, but it’s important to understand the country’s legal system. As Africa’s largest economy, Nigeria offers many opportunities, yet its legal landscape can be complex. This guide highlights key legal points foreign investors should consider to ensure a smooth entry into the Nigerian market.

1. Understanding the Legal Framework

Nigeria’s legal system is based on English common law, supported by statutory and customary laws. Key laws for foreign investors include:

• Companies and Allied Matters Act (CAMA): This law governs the registration, operation, and dissolution of companies in Nigeria. It details how to set up a business, including types of companies, corporate governance, and compliance requirements.

• Investment and Securities Act (ISA): This Act regulates Nigeria’s securities market and investment activities. It sets up the Securities and Exchange Commission (SEC) as the main regulator of securities transactions.

• Foreign Exchange (Monitoring and Miscellaneous Provisions) Act: This law manages foreign exchange transactions, controlling how foreign currency moves in and out of Nigeria.

• Nigerian Oil and Gas Industry Content Development Act (NOGICD): Important for oil and gas investments, this Act promotes local content and sets requirements for foreign companies in this sector.

2. Setting Up a Business

Foreign investors can choose from different business structures in Nigeria, such as:

• Private Limited Company: The most common structure for foreign investors. It requires at least one director and one shareholder, and offers limited liability protection.

• Public Limited Company: Suitable for large investments, this structure allows companies to raise capital by selling shares to the public.

• Branch Office: A foreign company can set up a branch in Nigeria, which operates as an extension of the parent company and must follow Nigerian regulations.

• Joint Ventures: Partnering with a local company can ease market entry and provide local insights. Joint ventures involve shared risks and benefits.

3. Regulatory Approvals and Compliance

Foreign investors must obtain approvals and meet regulatory requirements, such as:

• Registration with the Corporate Affairs Commission (CAC): All businesses must be registered with the CAC. This involves reserving a name, submitting incorporation documents, and paying fees.

• Tax Registration: Businesses must register with the Federal Inland Revenue Service (FIRS) for taxes like Value Added Tax (VAT) and Corporate Income Tax (CIT).

• Foreign Investment Approval: Some sectors require approval from the Nigerian Investment Promotion Commission (NIPC) to comply with foreign investment regulations.

4. Intellectual Property Protection

Protecting intellectual property (IP) is crucial. Nigeria offers protections for:

• Patents: For inventions and technological innovations.

• Trademarks: For brand names, logos, and symbols.

• Copyrights: For literary and artistic works.

Registering IP with the Nigerian Copyright Commission and the Trademarks, Patents and Designs Registry is key to enforcing rights .

5. Dispute Resolution

Understanding dispute resolution options is important:

• Litigation: Involves resolving disputes through Nigerian courts, which can be time-consuming and costly.

• Arbitration: Offers a faster, more flexible alternative to litigation. The Nigerian Arbitration and Conciliation Act governs arbitration proceedings.

• Mediation: Uses a neutral third party to help settle disputes, often as a preliminary step before arbitration or litigation.

6. Legal Assistance

It’s advisable to work with local legal experts. They can offer insights, ensure compliance, and help manage legal challenges.

Conclusion

Investing in Nigeria offers great potential, but requires careful navigation of the legal system. Understanding the legal framework, business setup, regulatory approvals, and IP protections is essential. By seeking legal assistance and staying informed about regulations, foreign investors can reduce risks and make the most of their opportunities in Nigeria.

Citations:

 1. Companies and Allied Matters Act (CAMA)

 2. Investment and Securities Act (ISA)

 3. Foreign Exchange (Monitoring and Miscellaneous Provisions) Act

 4. Nigerian Oil and Gas Industry Content Development Act (NOGICD)

 5. Federal Inland Revenue Service (FIRS)

 6. Nigerian Investment Promotion Commission (NIPC)

 7. Nigerian Copyright Commission

 8. Trademarks, Patents and Designs Registry

 9. Nigerian Arbitration and Conciliation Act

Disclaimer:

This guide is intended for informational purposes only and should not be considered legal advice. The legal landscape in Nigeria may change, and investors are encouraged to consult with qualified legal professionals before making any decisions related to investment or business operations in Nigeria.

To thrive as a lawyer in Nigeria’s dynamic legal environment, several essential skills are required. From mastering legal knowledge to developing interpersonal abilities, these skills are critical for success in the Nigerian legal profession. Here’s a closer look at the key competencies needed to excel:

1. Deep Legal Knowledge

A thorough understanding of Nigerian law and its applications is foundational for any lawyer. This includes knowledge of statutes, case law, and legal procedures. Nigerian lawyers must stay abreast of changes in the law through continuous legal education and practice updates.

Citation:

• Nigerian Bar Association. (2024). Continuing Legal Education. 

2. Effective Communication Skills

Lawyers must articulate complex legal arguments and negotiate effectively. This includes both oral and written communication. Strong advocacy skills are necessary for presenting cases convincingly in court and for drafting clear, precise legal documents.

Citation:

• Agbaje, D. (2021). Mastering Legal Communication in Nigeria. LexisNexis Nigeria.

3. Analytical and Critical Thinking

Lawyers must analyze complex legal issues and apply critical thinking to solve problems. This skill involves interpreting legal texts, assessing evidence, and developing strategies for legal arguments. Effective analytical skills enable lawyers to navigate intricate legal scenarios and provide sound advice.

Citation:

• Nwosu, C. (2019). Critical Thinking for Legal Practitioners in Nigeria. Ife University Press.

4. Strong Research Abilities

Research is integral to legal practice. Nigerian lawyers must be adept at conducting thorough legal research to support their cases. This includes searching legal databases, reviewing case law, and understanding current legal trends.

Citation:

• Akinloye, T. (2022). Legal Research Techniques. Nigerian Legal Institute.

5. Professional Ethics

Adhering to high ethical standards is crucial for maintaining integrity and professionalism in the legal field. Nigerian lawyers are governed by the Legal Practitioners Act and the NBA’s code of conduct, which outline ethical responsibilities and practices.

Citation:

• Nigerian Legal Practitioners Act, 2004. Nigerian Legal Information Institute

6. Time Management and Organization

Effective time management and organizational skills are essential for handling multiple cases and meeting deadlines. Lawyers must prioritize tasks, manage their schedules efficiently, and keep detailed records to ensure effective case management.

Citation:

• Oba, B. (2018). Time Management for Legal Professionals in Nigeria. University of Lagos Press.

7. Networking and Relationship Building

Building and maintaining professional relationships with clients, colleagues, and other stakeholders is crucial. Networking can open doors to new opportunities and collaborations, enhancing a lawyer’s practice and career growth.

Citation:

• Johnson, S. (2020). Networking Strategies for Nigerian Lawyers. Harvard Business Review Press.

By developing these skills, Nigerian lawyers can enhance their effectiveness, build successful careers, and contribute significantly to the legal field.

Disclaimer:

This blog post offers general guidance on skills necessary for success in the Nigerian legal profession. Individual experiences may vary, and it is advisable to seek personalized advice from career mentors or professional advisors.

Success in any profession hinges on continuous improvement and strategic development. By looking at the Nigerian legal profession, we can derive useful strategies for excelling in various fields. Here’s how Nigerian lawyers achieve excellence, and how these lessons can be applied broadly: 

1. Commitment to Continuing Education

In Nigeria, the legal profession demands ongoing education. The Nigerian Bar Association (NBA) requires lawyers to participate in mandatory Continuing Legal Education (CLE) to stay updated with legal developments. This commitment to learning ensures that practitioners remain proficient and relevant. Similarly, professionals in any field should prioritize continuous learning to adapt to industry changes and advancements.

Citation:

• Nigerian Bar Association. (2024). Continuing Legal Education. NBA

2. Mastering Communication Skills

Effective communication is crucial for Nigerian lawyers who must present complex legal arguments clearly and persuasively in court and negotiations. This skill is universally applicable, as effective communication enhances professional relationships and decision-making processes across all careers.

Citation:

• Agbaje, D. (2021). Mastering Legal Communication in Nigeria. LexisNexis Nigeria.

3. Building a Strong Professional Network

Networking plays a significant role in the Nigerian legal profession. Lawyers often leverage connections within the legal community, judiciary, and business sectors to advance their careers. Building a strong network is equally essential in other professions for accessing opportunities and gaining insights.

Citation:

• Oba, B. (2019). Networking Strategies for Nigerian Lawyers. University of Lagos Press.

4. Upholding Ethical Standards

Ethics are foundational in Nigerian legal practice. Lawyers must adhere to the principles set out by the Legal Practitioners Act and the NBA’s code of conduct. Maintaining high ethical standards is crucial for building trust and credibility, a principle that applies universally across professions.

Citation:

• Nigerian Legal Practitioners Act, 2004. Nigerian Legal Information Institute

5. Demonstrating Resilience

Nigerian lawyers often face high-pressure environments, from complex cases to lengthy court procedures. Resilience is key to managing stress and sustaining long-term success. Cultivating resilience can help professionals in any field overcome challenges and maintain their effectiveness.

Citation:

• Akinloye, T. (2022). Resilience in the Nigerian Legal System. Ife University Press.

By applying these strategies from the Nigerian legal field, professionals can enhance their skills, build valuable networks, and achieve career success across diverse industries.

Disclaimer:

This blog post provides general advice and insights based on the Nigerian legal profession. Individual career experiences and success may vary. For personalized career guidance, consult with a mentor or career coach.

Courtroom decorum refers to the expected conduct and behavior of individuals involved in legal proceedings. Adhering to proper decorum not only ensures that court proceedings run smoothly but also demonstrates respect for the judicial process. Whether you are a legal professional or a litigant, understanding and following courtroom decorum is crucial. Here’s a guide on what to expect and how to behave appropriately in a Nigerian courtroom setting.

1. Professional Attire

Appropriate attire is a fundamental aspect of courtroom decorum. All participants should dress formally to reflect the seriousness of the proceedings. For legal professionals, this typically means wearing a suit and tie, while litigants should opt for business attire. Avoid casual clothing, such as jeans or t-shirts, as these are considered disrespectful in a formal legal setting .

2. Respectful Behavior

Respect for the court, its officials, and all parties involved is paramount. This includes:

• Addressing the Judge: Always address the judge as “Your Lordship” or “My Lord” in Nigerian courts. When speaking, be concise and respectful.

• Avoiding Disruptions: Silence all electronic devices and refrain from making unnecessary noise or interruptions during proceedings. This helps maintain the court’s focus and ensures a respectful environment.

• Respecting the Opposing Party: Treat opposing counsel and parties with courtesy, even if you disagree with their positions. Personal attacks or aggressive behavior are unprofessional and can undermine your case .

3. Proper Conduct

Proper conduct includes:

• Following Court Rules: Abide by all procedural rules and directions given by the court. This includes adhering to timelines for submitting documents and following specific court protocols.

• Speaking Clearly: When addressing the court, speak clearly and calmly. Avoid using jargon or complex language that may not be easily understood.

• Showing Courtesy: Stand when the judge enters or leaves the courtroom and follow any specific instructions given by the court staff. This shows respect for judicial authority.

4. Handling Evidence and Documents

Proper handling of evidence and documents is essential:

• Submitting Evidence: Ensure all evidence and documents are submitted in accordance with the court’s procedures. Provide copies for all parties and the court as required.

.

• Organizing Materials: Keep your documents and evidence organized and readily accessible. This facilitates smooth presentation and helps avoid delays .

5. Dealing with Witnesses

If you are presenting witnesses:

• Preparation: Prepare your witnesses thoroughly, ensuring they understand the process and what is expected of them.

• Conducting Examination: During examination, question witnesses respectfully and avoid any behavior that could be seen as bullying or harassing .

6. Maintaining Composure

Emotional control is important in the courtroom:

• Handling Stress: Court proceedings can be stressful, but maintaining composure is crucial. Avoid displaying frustration or anger, as it can negatively impact how you are perceived by the court.

• Professional Demeanor: Maintain a professional demeanor at all times, even if the proceedings become contentious .

Conclusion

Adhering to courtroom decorum is essential for ensuring that legal proceedings are conducted in a respectful and orderly manner. By dressing appropriately, behaving respectfully, following court rules, and maintaining composure, you contribute to the efficient and effective functioning of the judicial system. Whether you are a legal professional or a litigant, understanding and practicing proper courtroom decorum helps uphold the integrity of the legal process.

References

1.  “Courtroom Attire and Dress Code,” Nigerian Bar Association. Available at nba.org.ng.
2. “How to Address the Judge in Court,” Nigerian Legal Aid Council. Available at legalaidcouncil.org.ng.
3. “Maintaining Order in Court,” Federal Judicial Service Commission of Nigeria. Available at fjsc.gov.ng.
4. “Professional Conduct in Legal Practice,” Nigerian Law School. Available at nigerianlawschool.edu.ng.
5. “Court Procedures and Protocols,” National Judicial Council. Available at njc.gov.ng.
6. “Effective Communication in Court,” Nigerian Institute of Advanced Legal Studies. Available at nials.edu.ng.
7. “Courtroom Etiquette,” Nigerian Institute of International Affairs. Available at niia.gov.ng.
8. “Handling Evidenceand Documents,” Nigerian Bar Association. Available at nba.org.ng.
9. “Organizing Legal Materials,” Nigerian Law Reform Commission. Available at nlrc.gov.ng.
10. “Preparing Witnesses for Court,” Nigerian Court of Appeal. Available at court-of-appeal.gov.ng.
11. “Conducting Witness Examination,” Nigerian Bar Association. Available at nba.org.ng.
12. “Managing Stress in Court,” Nigerian Psychological Association. Available at nigerianpsychologicalassociation.org.
13. “Maintaining Professionalism in Legal Proceedings,” Nigerian Law School. Available at nigerianlawschool.edu.ng. 

Legal Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. For specific guidance related to courtroom procedures and decorum, please consult a qualified legal professional.