• M
    Monnyholuwa

    The Article of Association is the functional document alongside the Memorandum used for registering a company.Section 33 of the Companies and Allies matters Act provide that one must file Article of Association with the Memorandum in order to register a company in Nigeria. It is a public document which would be submitted to the Registrar who will file both the Memorandum and the Article of Association.
    The Article of Association govern the internal affairs of the company stipulating How the company is to be run and How it's various task are to be achieved.

    posted in Legal System read more
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    Monnyholuwa

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    Generally, there are two (2) type of contract of sale of land.However due to the peculiarities of the Nigeria system,there are three (3) types of contract of sale of Land.They include:

    • Open contract of sale of land

    • Formal Contract of sale of land

    • Oral Contract of sale of land.

    Under the Oral contract of sale of land,it is a transaction common to sale of land under customary Law.These are transaction done through the mouth.parties orally agrees to contract the sale of land and be legally bound to their agreement .The requirements of having the contract of sale of land reduced into writing does not apply for sale of land under customary /native Law.The necessary requirement are; payment of purchase price,witnesses to attest to the contract and the purchase taking possession.
    The Open contract of sale of land is one that follows the requirements under Section 4 of Statute of Fraud Act 1877 which provide that there must be a memorandum or note in writing, signed by the parties for a valid contract of sale of land.The essential of a memorandum include:

    • The agreement must be in writing

    • The parties involved must be stated

    • The land in question must be described.

    • The amount payable must be stipulated.

    An example of a opened contract of sale of land is a purchase receipt. An illustration for an opened contract of sale of Land is;

    I, John James, of plot 203 Benin receive #10,000 from Benedita of No 5 college road been an amount paid for purchase of a piece of land in Plot 23 Benin city.
    Formal Contract of sale of land consist of the particular of the parties,general condition of sale and special condition of sale.(such as Balance and interest on unpaid balance ).

    A formal contract is more detailed contract compared to an opened contract.

    posted in Legal System read more
  • M
    Monnyholuwa

    There are difference between deposit and part payment in a formal contract of sale of Land.
    While deposit is a minimal sum paid with the intention to show that there is an interest to contract of sale of land.It is an insufficient amount paid compared to the total sum for the sale of land.But part payment is where a substantial sum has been made for the valid contract of sale of land.
    Secondly a deposit without a condition to the contrary, can be refunded but for part payment, it cannot be refunded as the contract has been deemed to have taken place.
    Thirdly,for payment of part payment the Law presume that the contract of sale of land has been sealed and finalized and Thus the parties cannot rescind.However for deposit, the parties can rescind the contract as the contract of sale of land is not yet finalized.

    posted in Legal System read more
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    Monnyholuwa

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    For the sale of land under customary Law,a memorandum or a written note is not necessary. The important factor for the valid sale of land under customary Law are
    *The purchase price for the land must have been paid.The means that the complete amount for the sale of land must have been paid to the appropriate person.

    *The purchaser must have taken possession of the land.possession can mean occupation.possession can be by been physically present on the land or having possession through a person for instance an agent.
    *The payment and transfer of title over the land must have been done in the presence of two or more witnesses.The provision for the witnesses is to provide for person to attest to the land transaction considering the fact that there is no evidential document to attest to the transaction.

    posted in Legal System read more
  • M
    Monnyholuwa

    Egusi is a dish which is mostly common among the Yorubas and the Igbos. It is eaten with different dishes such as Eba, pounded yam (iyan ),wheat, rice and so on.There are different method of preparing Egusi soup. One of such process is this.
    ingredient
    *Red Oil
    *Egusi
    *Meat,Fish, dried crayfish

    *Onion
    *Locust beans (iru )
    *pepper(rodo )
    *Bitter leaf or Ugwu
    procedure
    Pour the red oil into a clean pot and heat for two (2) minutes.Blend pepper (rodo ) with Onions.put locust beans (iru) inside the heated oil.pour the grinded pepper inside the heated red oil.Add salt and Maggi to taste.Add crayfish,meat,fish.
    Put the Egusi in a clean bowl and add small quantity of water. Make sure the Egusi mixture is thick.Add the Egusi paste into the pepper sause and cover the pot for 10 minutes.
    Put the bitter leaf or Ugwu into a plate and add a pinch of salt to ensure the Bitterleaf is properly washed.put the Ugwu into the egusi sauce and cover.Leave for atleast 10 minutes.
    Then serve with most preferably pounded yam or fufu.

    posted in Food read more
  • M
    Monnyholuwa

    In accordance with Section 145 of the Constitution of the Federal Republic of Nigeria,the President can give a written declaration to the President of the Senate and the speaker of the House of Representative that he is proceeding on a vacation. With This the Vice President can Act as the Acting President while the President is absent.Thus the Vice President acting in the capacity as the Acting President is constitutional.

    posted in Legal System read more
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    Monnyholuwa

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    Jurisprudence look at Law from the highest level of abstraction. It consider the purpose and essence of Law. It addresses not just the ratio decidendi but also the ratio of the ratio.

    Jurisprudence is difference from Legal theory in an aspect. While Jurisprudence deal with the abstract,universal questions of Law,legal theory deal with concrete and particular questions of Law such as Ownership, possession, title.

    posted in Legal System read more
  • M
    Monnyholuwa

    The first form of legal personality recognized by Law is an Individual (that is a natural being).

    A natural being is seen as a vehicle of commerce who can engage in any commercial activities.

    Thus the name of a person can be used as a business name. Where a person carry out a business in his own surname, such person need not register or be license under Companies and Allied Matters Act. As the Law already recognized such person as a legal personality known to Law.

    This is provided for in PART B of Companies and allied Matters Act.

    However when a person is not using his natural name,such person must register it.

    In OGUNMEFUN V.NIGERIA AIRWAYS LTD (1999), the court held that failure to register a business name which is not the natural name of a person would attract penalty.

    posted in Legal System read more
  • M
    Monnyholuwa

    A person has exclusive right over the use of his copyrighted work. Before anyone can already use of such copyrighted work,he need to seek and obtain approval for the usage of such copyrighted work from the copyright owner. Any usage of the copyrighted work without the approval of the owner would constitute an infringement of Copyright. This represent the general principle of Law.

    As it know where There is a general legal principle ,there is always an exception. There are certain exceptions to the exclusive right granted by copyright Law to the copyright owner.One of such exception is the concept of FAIR DEALING. It is similar to Fair Use which is applicable in the United state.

    Fair dealing is where the Law permits copyright infringement for the purpose of criticism, review,or non commercial research. It is when the law allows the use of a copyrighted work without necessarily the consent or approval of the copyright owner.

    The concept of Fair dealing is a judge made concept and Thus reliance is placed on judicial pronouncements. However it has found it way into the statutes. In Nigeria,the provision for Fair dealing is contained in Schedule 2(a) of the Copyright Act.

    The concept of fair dealing is a defence for infringement of copyright. This defence can only arise once the issue of copyright infringement has been established. The onus of proof is on the plaintiff (the copyright owner)to prove that a copyright infringement has been committed.

    Where the plaintiff could not establish that there have been copyright infringement, the defendant need not established the defence of Fair dealing.Once copyright infringement had been established, the burden of proof shifts to the defendant to establish the defense of Fair dealing.

    Fair dealing can take different forms and they include where the infringement is for the purpose of Criticism ,Research,Commenting,Teaching . In Section 107 of the American Copyright Law,it provide that "the Fair use of a copyright work for the purpose of criticism, comment, news reporting, teaching, scholarship or research is not an infringement of copyright ".

    There are certain factors to be considered in determining whether there is Fair dealing or not.They include:

    • PURPOSE AND CHARACTER OF THE USE: The question to be asked is for what purpose is the copyrighted work been used for?is it to compete with the original work in term of income generation or for complementary of the original work ?is it used for commercial purpose or for non profit educational purpose?where the act which is said to be an infringement is for profit making then the court will construe that as not been a Fair dealing.

    • THE NATURE OF THE COPYRIGHT WORK: If the defendant revivified and reorganize the work,the court would likely construe that as been Fair than where no modification was made.Where the defendant adds new substance or expand the work such would be construe as a Fair dealing.

    • AMOUNT AND SUBSTANTIALITY OF THE PORTION TAKEN: Where a large portion of the original work is used which constitute the main idea or purpose of the original work, the court may construe that to be an unfair dealing. How ever where a little portion of the original work is taken and improvement is made on it without affecting the original work the court may construe that as been a Fair dealing.

    • The EFFECT OF THE USE: One important question the court must address is whether the use of the original work is to compete with the original work or to complement it thereby adding to the field of Knowledge.

    • PUBLICATION: The court would consider whether the original work has been published that is made available to the public.where the original work has not been made available to the public,such will not constitute a Fair dealing. In ASHDOWN V. TELEGRAPH GROUP LTD,the court held that the court bears in mind that the consideration of public interest is paramount.

    According to Lord Denning in BRADBURY V. HOTTEN, in determining what constitute Fair dealing "must be a matter of impression ". There is no hard and fast route to determine what constitute Fair dealing. It is all based on the Judges impression. In HYDE V. PARK, the court held that in determining "fairness ",the court must judge the fairness by the objective standard of whether a fair minded and honest person would deal with the copyright work in the manner in question.Each case is to be determined based on it's own facts and circumstances.

    posted in Legal System read more
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    Monnyholuwa

    The basis of copyright protection is to confer on the owner of the copyrighted work certain financial compensation or reward for his labour and intellectual contribution to the field of knowledge alongside confer moral right on such owner.

    Pursuant to Section 11 of the Copyright Act,copyright is transmissible like tangible or movable property.Copyright work can be transferred, assigned and licensed to another person.Thus transfer or assignment or licensing is allowed under the Nigeria copyright Law.
    Section 10 of the Copyright Act provide that Copyright shall be initially vested on the Author of the work.Generally, the author of the copyrighted work is the person who created the work. An author is the person who put the ideas of the copyrighted work in a expressive form. Thus he is entitled to both the financial reward and the moral reward(that is recognition of been the owner and author of the work).

    The question is that is the owner of a copyrighted work necessarily the author of the work. In DONOGHUE V. ALLIED NEWSPAPER, the court defined an author as a person who create the work or made the production of the work possible. He is the person who originate the prosecutable element of the work or the person who is responsible for the creation,selection or gathering together the detailed concepts, data or emotion which are found in the work.He is often but not necessarily a human being.

    The owner of a copyrighted work, on the other hand ,is the person, whether human or Juristic ,on whom the right to exercise copyright control is vested upon.

    There are circumstances where an author of a copyrighted work would not be the owner of the copyrighted work.One of such circumstances is when an employee create a work during the course of employment, the authorship lies with the employee but the employer is the owner of the copyrighted work. This is based on the rationale that the employer take d risk of financing the work therefore the benefit should be given to him.

    Also when a work is commissioned to a person,the one who commissioned the work to another becomes the owner while the person who is commissioned is the author.Commissioning involved ordering a work to be done and an obligation to pay for the work done. This was considered in APPLE CORP.LTD V.COOPER.

    Even where the author assigned or licence a copyrighted work ,he still remains the author of the work.The person he license or assigned the work to becomes the owner of the work.The question of Authorship is a question of Law and fact.It is predetermined by Law and the parties involved may not by agreement shift the authorship. It is important to note that the moral value/benefit /right is retain by the author while the financial right lies with the owner of the copyrighted work.

    posted in Legal System read more
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    Monnyholuwa

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    The statute is an important instrument in legal practice. It consist the primary source of Law. The lawyer is to canvass his position on what position of the Law the judge should follow. The judge has a duty to interpret the Law rightly for the course of Law.
    The rules are flexible in nature. The rules of interpretation of statutes stemmed from common Law judges which has become applicable over years. However it is important to note that the rule does not have the binding force of Law as compared to Legislation which constitute the primary source of Law.
    The different rules of interpretation followed by the court in various cases include:
    1.Literal interpretation rule:
    This is interpreting the statute based on the plain meaning. Where the words of the statute is clear and unambiguous, then the court should apply and interpret the word in it's natural sense.This rule stemmed from THE SUSSEX PEERAGE case.

    In OUR LINE LTD V. S.C.C (NIG ) LTD,the Supreme court started that "the rule is that in construing a written instruments, the grammatical and ordinary sense of the words should be adhered to unless that would lead to some absurdity or some inconsistency with the rest of the instrument.
    One of the criticism against the application of the Literal rule of interpretation of statute is that it could lead to absurdity and injustice. It has also failed to recognized that although a word can have a core meaning, the fringe meaning can be manipulated.
    2.Golden rule of interpretation:
    This rule evolved from the case of GREY V. PEARSON (10 E.R 1216).The court held that. "The grammatical and ordinary sense of the words is to be adhere to unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the legislation in which case the grammatical and ordinary sense of the word may be modified so as to avoid the absurdity and inconsistency but no further"
    The rule provide that where the strict application of the strict application of the literal rule would lead to absurdity and inconsistency, the court should modify the language so as to know the true intent of the legislature. The golden rule recognized that the natural meaning of a word should be applied unless it's application would lead to absurdity and injustice.
    In BRONIK MOTORS V. WEMA BANK,Idigbe JSC stated that "where a judge is of the opinion that the application of the words of an enactment In their ordinary meaning would produce an absurd result which cannot reasonable be supposed to have been the intention of the legislature, he may apply the words in any secondary meaning which they are capable of bearing.

    1. Mischief rule of interpretation:
      It evolved from the HEYDON CASE (1584)3 Co Rep 7a.The rule set to correct the wrong and advanced the remedy and prevent the continue existence of such mischief. The judges, in using the Mischief rule of interpretation,can go beyond the words used so as to know the purpose and objective of the statute.This rule of interpretation of statute was applied in the case of LONES V.WROTHAM PARK SETTLED ESTATE.
      In conclusion, the various rules of interpretation of statutes are at the disposal of the judges so as to promote the full course of Justice in the society.

    posted in Legal System read more
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    Monnyholuwa

    As the Country is faced with Recession ,the income generated by Government is on a low side.One factor that contribute to the economy situation in Nigeria is the fall of Crude Oil prices at the international market.

    The Federal Government has less income to carry out it's various objectives for the Citizens. Also the level of Unemployment in the country is on the High side. There is need for another source of the various states to generated revenue internally and at the Same time create employment for the Citizens. Focus has now moved back to Agriculture which was the Nation initial source of generating revenue before discovery of Crude oil at commercial volume.

    The Lagos State under the Leadership of Akinwunmi Ambode and Kebbi state under Alhaji Atiku Bagudu had a collaboration to restore Agricultural practice in Nigeria so as to generate income. and also meet the needs of their individual states.This collaboration lead to the growing of LAKE rice.

    The idea of growing rice in Nigeria came about in March 2016.

    Kebbi state was to provide the conducive environment for the growing of Rice while Lagos state,based in it's population, provide a marketing environment for the Rice upon production.
    LAKE rice is an acronym for LAGOS-KEBBI rice.The idea came into reality in 15th December 2016 when the first set of Rice was released to the general populace in Lagos to buy ahead of the the Christmas and New year celebration.

    The LAKE rice certain at different package.
    50Kg cost #12,000
    25kg cost #6000
    10kg cost #2500.

    A person is allowed to purchase just a bag and this is so as to ensure the rice circulate to every interested person. In order to purchase the LAKE rice,payment is made to designated Banks or via Point of Service (POS) at the purchasing Centers.

    The Special adviser to the Lagos state Governor on food Security, Mr SAnni Okanlawan, said Sales of the Rice would be made available at the 57 local Government area and Local Council Development Areas of the state in order to ensure proper distribution.

    This idea by both states is a commendable one as it provide for employment for the citizenry.It also lead to High agricultural production and sufficiency.It reduce the reliance on imported rice and This has lead the Cost of Imported Rice to drop from #20,000 to #18,000.Also the Rice are available at subsidies prices .

    A trader said the bag contained a complete derica compared to the imported ones which most times are not complete.The concept Help boost the Nigeria economy.

    posted in Goods and Services read more
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    Monnyholuwa

    Being in a relationship is Good and beautiful. Having someone to call, check up on you regularly would make one feel so special and appreciated. However that is not all to being in a relationship and a Christian relationship for that matter.We are going to discuss on how to build not just any relationship but a Christian relationship.
    1.Find yourself:
    Finding oneself is the first step to a Godly and healthy relationship. Before entering into a relationship, you must find out the kind of person you are that is your true identity This can only be possible through finding yourself in God.God has the manuscript for every life and He alone can Help you discover yourself.Build a character that is befitting a Good and solid relationship. The reason for self discovery is so has to appreciate yourself and your own values so as not to lose your God given values and virtues.Develop a strong companion with God through reading your Bible and praying.Either learn an handiwork or obtain a degree so as to be an assist and not a liability.
    2.**Seek the Lord **
    It is important to seek the face of the lord before proceeding into a relationship. This is because God knows what Man cannot know and has he has our BEST intentions at heart he will give Us the best according to His Good will .In seeking the face of the Lord make sure you have a way God Talk to you.God will speak to you in a manner you are familiar with by which you will understand. God speak to Man in diverse ways.Through Dreams,The word of God,visions, still small voice,inner witness and so on.Develop a communication mode with God.Any relationship which intend to a Godly marriage must be taken serious. It must be laid on a foundation with Jesus Christ at the center.When seeking the face of the Lord concerning relationship, go with an open and receptive heart without having conclude your personal decision.

    1. **Healthy Communication **
      Parties need to have healthy communication. Communication is essential to a strong and healthy relationship. Each party should be able to share challenge facing him or her as such lessen the burden on the mind.Parties should communicate with each other on like and dislikes.Healthy communication lead to proper understanding of the other party.It is important to note to the communication should be healthy for the spiritual well being of the other.Avoid conversation that will arouse lustful Act.
      4.**pray together **
      There is a saying that a praying home is a surviving home.couples should learn how to pray together even before marriage so as to get used to it when they get into marriage. Many challenges will surely arise in relationship but prayers will keep the relationship going. Distance should not be a barrier to prayer. For long distance relationship, parties can pray via mobile Phone or via whatsapp. The duration may not be so long but the fact the parties prayed is healthy. Praying together helps believers subdue the works of the flesh that may arise.It makes parties conscious of the presence of God and thus walk in God's light.
      4.Avoid been alone in a dark place
      Staying in a dark and lonely place is not ideal for a Christian relationship because it can prompt ungodly feelings and lust.Couples should endeavour to meet in an open place or not so open place.
    2. Share the word of God with each other.
      Couples should regularly share with each other the word of God for edification. The word of God will help the parties ,even though the parties love themselves, love God more.This also bring in the consciousness of the presence of God.
    3. **Avoid physical attachment **
      God want us to avoid physical attachment which can arouse lustful desire.parties should avoid intimate moment and preserve such intimate moment for marriage. Hebrew 13 :4 says that Marriage is honourable in all and the bed undecided but whitening and adulterers God will judge.Any form of intimacy should be preserve till marriage.
      7.Get a Godly mentor who will advise both parties. When conflict or issue arise
      Mentorship is Good for a Godly relationship especially where a matured and Godly couples is involved. Before choosing a mentor,one should prayerfully chose.Also check for someone who is knowledgeable in that aspect.Such mentor is someone who can watch the parties back and also stand in gap in the place of prayer.In choosing a mentor,parties should have a consensus so it would not be one-sided.

    posted in Relationships read more
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    Monnyholuwa

    The Headies Awards who took similarities with the United States Grammy Awards held on the 23rd of December at the Eko Convention center,Victoria Island.It was anchored by Falz the bad guy and Adesua Etomi.The event has been the Talk of the town event before the event took place most especially as regards the Nomination list.Big names in the Entertainment Industry has criticized the Nomination list has not containing those who deserve the Awards.Controvesary and dissatisfaction has been at its peck since the list was released .Clarance peters,an award winning Music producer , and solidstar express their disappointment at the list via social media.There was some disqualified and change of winners.One popular disqualification was Tekno. He was disqualified from the category of "Next Rated".In his Instagram page he posted "Next rated after how many years!.let's be honest pls ".
    On the day of the events,different events happened which some Where hilarious while some was embarrassing.One notable incident at the headies was that Most Top niche Acts arrived late at the events.The seats reserved for the Acts was obviously empty. Absence of certain Acts was so obvious.The entire members of the Mavin Records and also the YBNL was absent and their absence was glaring.So also Patoranking who won the Best Reggae/dance hall single was absent.
    Another eventful scene at the headies which most people tag the most Embarrassing moment in Headies was when Wizkid totally ignored Ceaser, Eva Alodiah 's fiance .This happened when Willis won the "Artiste of the year" and he proceeded to the stage to receive the Award he approach Where Eva and her fiance was seated Ceaser rose with an opened arm to hug Wizkid. Wizkid totally ignored him standing like one in a mannequin challenge and instead hugged Eva who was sitting and proceed to shaking the next person sitting next to Eva.
    Also Phyno who won "the song of the year" for his song FADA FADA as he got to the stage to receive his Awards,he was not given a trophy. With smile he said "me I no get speech ,Thank you for the Award."This approach of Phyno was commendable.
    Another scene which caused the audience to burst into laughter was when IILLBLISS, an igbo rapper, was announced as the Best single Award, a Man came up stage to receive the Award on his behalf and as he announced he was representing ILLBLISS, Yaw who was to present the Award for that category grabbed the Microphone and asked "we no even know who you be O".The statement was quite Embarrassing and he replied "Oga Yaw, I be MIZZ KISS manager O"This caused the Audience to burst into laughter.
    Amist the whole comedy and embarrassing moments,another amazing sight to behold was Funke Akindele and her hubby JJC. The duo graced the red carpet with smiles and it's so glaring that they are both in love and Happy.We Wish them joy in their home.
    The AWARDS
    BEST RECORDING OF THE YEAR-pray for me by Darey feat the soweto choir.
    PRODUCER OF THE YEAR: Young John for Mama by Kiss Daniel.
    BEST MUSIC VIDEO:Soldier by Falz tha Bad guy (directed by Clarence Peter)
    BEST R&B/POP ALBUM: New Era by Kiss Daniel.
    BEST R&B SINGLE:.Pray for me by Darey.
    BEST POP SINGLE Regga Blues by Harrysong feat Orezi, Iyanya, Olamide, Kcee.
    BEST REGGAE /DANCE HALL: NO kissing by Patoranking feat Sarkodie.
    BEST RAP ALBUM: POWERFUL by ILL BLISS.
    BEST COLLABO: SOLDIER by Falz feat Simi.
    BEST RAP SINGLE: Eyan mayweather by Olamide.
    BEST VOCAL PERFORMANCE (MALE): Shaydee by Smile.
    BEST VOCAL PERFORMANCE: Love don't care by Simi.
    NEXT RATED: Mr Eazi
    HIP-HOP REVELATION: New era by Kiss Daniel.
    LYRICIST ON THE ROLL:.chukwu Agozi Gogi by Ill Bliss.
    BEST STREET HOP ARTISTE: Who you epp by Olamide.
    BEST ALTERNATIVE SONG: You suppose Know by BEZ.
    ALBUM OF THE YEAR: New Era but Kiss Daniel.
    ARTISTE OF THE YEAR: Wizkid.
    SONG OF THE YEAR: fada fada by Phyno feat Olamide.
    SPECIAL RECOGNITION: Flavour.
    HEADIES HALL OF FAME: Laolu Akins.
    ROOKIE OF THE YEAR: Mayorkun
    The Viewers at home has their own observations and one of such was the long pauses between presenting Awards(maybe due to changing of clothes) .Also as most Artistes are not around the presenters has to Collect the Awards on their behalf.

    posted in Entertainment read more
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    Monnyholuwa

    0_1546130276412_child custody nigeria.jpg
    The issue of who has right to claim custody over a child has been an issue which the court over the years has handled with great importance as it's delicate by nature as the party mostly affected is a Child. The issue of Child Custody mostly arise in divorce or nullity proceedings.

    According to Cambridge Dictionary, custody is the legal right or duty to care for someone especially a child after his or her parents have separated or died. Child custody is a legal terminology used to describe the legally recognized relationship between a parent or a person in loco parentis and a child, it is the right a person has over a child to care,protect,guide and provide for child in his or her custody which has legal recognition.

    In discussing the issue of custody of a child in Nigeria, the concept would be considered from two (2) phases ;that is custody of Legitimate children and custody of Illegitimate children under the common Law,Matrimonial Causes Act and under Customary Law.

    At common law,an illegitimate child is a FILIUS NULLIUS. Thus neither of the parents is strictly entitled to custody of the child. But in most cases, the mother is granted the child 's custody. In ENWONWU V. SPIRA, a child was born out of wedlock as a result of the association between the applicant who is a Nigerian and the respondent who is an European. As between the time of the birth of the child and the time of application for the custody for the child,the applicant did not take any step to support or educated the child. The court held that the mother who is the respondent has right of custody over the child until the child attain the age of 16 when he can choose who he wants to stay with.

    However for custody of Legitimate children, under common Law a father has absolute right to the custody of his legitimate children under maturity.Even at his death, the mother cannot claim custody .This common Law position was altered by the TALFORD ACT 1839 and THE CUSTODY OF INFANT ACT 1872 which allows the court to grant a mother access or custody of her child under the age of 16. All these pre-1900 statute recognized the right of either parents to the custody of legitimate child.

    Generally under customary Law in Nigeria,the father has an absolute right to the custody of his legitimate or legitimated children. On the death of the father, the right to custody is vested in the male head of the father 's family although the mother is responsible for the day to day care of the child. In ABIAKAM AND OTHERS V. ABIAKAM, the Court held that the father 's absolute right to custody will not be enforce Where the child is still of a tender age and require the care of the mother.

    Under customary Law,child born out of wedlock to an unmarried daughter belong to her father or in his absence or death,to the mother of the child.But Where the family of the child's mother do not object,the child natural father may acquire parental right over the illegitimate child by ACKNOWLEDGEMENT Where this custom is recognized.

    The Nigeria Legislature enacted the Matrimonial Causes Act to deal with some issue affect marriage and family relationship and one of the issue it address Is the issue of Child Custody. Prior to this enactment, the Nigeria courts is bound to apply the pre-1900 enactment. The Matrimonial Causes Act 1970 made provision for the custody of children of a marriage both legitimate and illegitimate .The application for custody of children must form part of a petition for matrimonial reliefs. In determining who has right to a child custody, Section 71(1) of the Matrimonial Causes Act provide that the court should regard the interest of the Child as the paramount consideration. The court may place the custody of a child on either the parents or a third party as the court think fit.Where custody is granted to either of the parents,the other parent is granted access to the child. Where the custody is granted to a third party,both parents are granted access.
    The court has the discretion to determine who it's giving the custody of the child as long as regards is made concerning the Welfare of the child primarily. The conduct of the parties and the wishes of the mother and father is concerned but as secondary factor. In AFONJA V. AFONJA, the child prefer to stay with the mother than the father who keeps the child with his Sister during school session and reside with the child only during Holidays.The court held that it is in the interest of the child to stay with the mother where proper care and adequate care and attention would be given.

    It is important to note that a parent cannot use writ of habeas corpus to recover custody of a child who the Law has given to the other parent.The court held this position in LAWSON V. LAWSON.

    In conclusion, in determining who the court would not consider whether the claim of the father or any right of the father under common law or customary law but consider the the Provision of the law in Section 71 of the Matrimonail Causes Act which grant custody by considering the interest and Welfare of the child as the paramount importance.

    posted in Legal System read more
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    Monnyholuwa

    The Government owes certain obligation to it's citizenry and such obligations can only be possible when the Government has sufficient revenue available. Over the years, the Government has derived 80% of it's revenue from.the sale of crude Oil.However as the price of crude oil has downturn, There is need for a reliable source of revenue for Government for effective and efficient Governance. The reliable source is Taxation.

    Taxation is a reliable tool for modern Governance. Tax are imposed on income, profit on both individuals, cooperate bodies,Organization that engage in trade and business.
    Initially, tax is imposed on Individuals. Individuals established companies in order to deviate their income so as not to be liable to personal tax from their income and this is a form of tax evasion. In order to disallow tax evasion through companies who has an independent identity from it's owner,the Law imposed tax on cooperate bodies too.
    The governing statute for computing for Companies income tax is the Companies income tax Act(CITA).Pursuant to Section 9 of the Companies Income tax Act,companies are charged on their net income or profit.In determining the net income, it is necessary to determine the trading receipt and deduct from them the trading expenditures. It is important to note that not all receipt or expenditure are allowed to be brought into the trading account for tax purposes.
    The computing of taxable income in order to determine the tax liability is crucial to both the tax payer and the tax authority. The taxpayers seek to reduce his tax liability by claiming item under his expenditure. While the tax Authority seek to reduce the deductible expenditure in order to maximize the tax yield. Thus computation of tax payable by companies is of utmost important.
    In computing the chargeable profit for companies income tax under CITA, the first step is calculating to get the aggregate gross profit. This can be gotten by adding up all the income derived from trade, business, rent,royalty, interest. It is important to note that not all profits or income gotten by companies are liable for Companies income tax.Section 23 of the CITA provide for exempted profit. They include:

    • profit of any co-operative society registered under any enactment or Law relating to co-operative societies.
    • profit of any company engage in ecclesiastical charity or educational activities of a public character
    • Profit of any company formed for the purpose of promoting sporting activities.
    • Profit of any company being a statutory or registered friendly

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    Monnyholuwa

    Her full name is Olufunke Ayotunde Akindele. She is popularly known as jenifa because of her character In the comic movie Jenifa. She was born 24th August 1976 in Ikorodu Lagos.she hail from Ikorodu Local Government. She is from a family of 5 as she is the last girl with an elder Sister and a brother.Her father is a retired school principal while her mother is a medical doctor.
    EDUCATION BACKGROUND:
    Funke Akindele holds a National Diploma In Mass communication at the Ogun state polytechnic which is now Moshood Abiola polytechnic. She later proceeded to study Law from the prestigious University of Lagos Where she got her LLB degree.
    LIFE ON THE SCREEN:
    She started her career on the movie industry with a family television programme "I NEED TO KNOW" .a movies sponsored by UNFPA Where she acted Busola,a young inquisitive but intelligent secondary school girl.The movie ran from to 1998 till 2002.
    MARITAL STATUS:
    Funke Akundele got married to Kenny Oyolede in 2012.The marriage lasted barely a year before parties went their separate ways on the ground of Irreconcilable difference. In 23rd August 2016,funke Akindele got married again to JJC SKILLZ whose real name is Abdulrasheed Bello who is a music producer and a rapper.The Duo got married in London privately. SHE is now called FUNKE AKINDELE BELLO (FAB)
    ENDORSEMENT:
    Funke Akindele was endorsed by Globacom as one of their brand ambassador. She is also an ambassador for Lagos state amongst other endorsements.Her recent endorsement is being signed an ambassador for Iroko TV.
    MEDIA PLATFORM:
    Her Instagram handle is funkejenifaakindele. Her twitter handle is @funkeakindele.She has a fan page on Facebook for the series "jenifa diaries " called "WE LOVE JENIFA".
    AWARDS:
    Funke Akindele is an Actress,film producer and screenwriter. She has been recipient of several Award for her contribution and brilliant work in the Nollywood. She has over a 100 movies to her record both as an Actress, writer and producer.
    In 2009,she won the Best Actress in leading role at the African Movies Academy Awards.That same year,she also won the Best Actress at the Nigeria Entertainment Awards.
    In 2012,she won Best Actress at the 2012 Nigeria Entertainment Awards.she also won Best Actress (indigenous ) and Best Actress for her Movies "Maami" and "The return of Jenifa " at the Nollywood Media Awards.
    In 2013, she won Best Actress (indigenous ) in the Nollywood Movies Awards.
    In 2014,she won Best Actress(leading role) for the Movie "Agnetta O'mmpa " at the Nigeria Entertainment Award.she also won Best Actress (comedy) for the movie "the return of sheri koko " in the Africa Magic Viewers Choice Award.she also won Brand Ambassador of the year for OMO at the ELOY Awards.
    In 2016,she won the Best Actress in comedy Role for the movie series"jenifa Diaries" at the African Magic Viewers choice awards. She also won sitcom of the year and Bet Actress In Comedy for jenifa diaries at the Naija fm Awards. She also won Best Actress of the year for the African Entertainment Legend Awards and Best Actress African collaboration at the 2016 Ghana Movies Awards for the movie "A trip to Jamaica".

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    Monnyholuwa

    A person can reside in Nigeria for a long time and not be a citizen of Nigeria. A person may not be born in Nigeria but still be confer the citizen status of Nigeria. Citizenship is different from Residence. The questions to be discuss centered on the concept of citizenship in Nigeria.

    Citizenship refer to a status conferred on person coupled with rights, privileges and duties.

    Thus a citizen is a member of a society who has certain duties,rights and privileges recognized by Law.

    The statute governing citizenship,it's types,procedure for acquisition,renunciation,dual citizenship, deprivation of citizenship in Nigeria is the 1999 constitution.

    The provision on citizenship is from Section 25 to Section 32 of the 1999 Constitution.

    In Nigeria, a person can acquire citizenship in three different modes which include:

    CITIZENSHIP BY BIRTH,BY REGISTRATION AND BY NATURALIZATION.
    Citizenship by birth is the most common mode of acquiring citizenship. This generally means that a person is a citizen of the country he is born into. This may not totally represent the position in Nigeria. In Nigeria, a person can acquire citizenship by birth, pursuant to Section 25 f the 1999 Constitution, in different ways and they include:

    1. A person who is born in Nigeria after 1st October 1960 who either of his parents or any of his grandparents are citizens of Nigeria is a citizen of Nigeria.This means that a person born in Nigeria can still be citizen of Nigeria Where neither of his parents are Nigeria provided any of his grandparents are citizen of Nigeria.

    But Where neither of his parents or any of his grandparents are citizen of Nigeria, the fact he was born in Nigeria would not make him a citizen of Nigeria by birth. This is in contract with a common practice in U.S.A where a person who neither of his parents or grandparents are U.S. citizen but born in U.S can still be an United State citizen.

    Also a person born in Nigeria before 1 October, 1960 who either his parents or grandparents belongs to or belonged to a community indigenous to Nigeria is a citizen of Nigeria by birth. If a person, although born in Nigeria but neither of his parents or grandparents belong to or belonged to a community indigenous to Nigeria,he cannot become a citizen of Nigeria BY BIRTH.He can, however,acquire citizenship by other modes.

    Another circumstances a person can acquire citizenship by birth is Where a person is born outside Nigeria but either of whose parents is a citizen of Nigeria. This is contained in Section 25(1)(c). This means the fact that a person was born outside Nigeria does not disqualified such person from been a citizen by birth provided either of his parents is a citizen of Nigeria.

    But where neither such person 's parents are citizen but his grandparents are, he cannot be a citizen of Nigeria by birth.

    Another mode of acquiring Citizenship in Nigeria is citizenship by Registration. A person can apply to be register a citizen of Nigeria.

    This applied to

    1. Any woman who is or has been married to a citizen of Nigeria. This provision apply to a woman who was married to a Nigeria Man but is divorce. A non-Nigeria Man who is married to a Nigerian woman cannot be a citizen of Nigeria by Registration.
    2. A person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria. "Full age" in Nigeria context is presume to be a person who is 18 years of age and above. A person born outside Nigeria neither of his parents are citizen of Nigeria, although cannot be a citizen by birth but can be a citizen by registration provided he is of full age and capacity and any of whose grandparents is a citizen of Nigeria.

    Such a person would apply to be registered a citizen of Nigeria and upon fulfilling certain requirements and to the satisfaction of the President would be register a citizen of Nigeria.

    The requirements include:

    1. He is a person of Good character
    2. He had shown a clear intention of his desire to be domicile in Nigeria.
    3. He had taken the Oath of Allegiance as contained in the Seventh schedule of the constitution.

    The question whether he has satisfied these requirements is subjective as it is based on whether it had been met to the satisfaction of the President.

    It is important to note that according to Section 131(a) of the 1999 Constitution, only a person who is a Nigerian citizen by birth can rum for the office of President of Nigeria.

    Furthermore ,a person can acquire citizenship of Nigeria through Naturalization. A person can apply to the President for the grant of a certificate of Naturalization. There are certain requirements which had to be met to the satisfaction of the President. They include:

    1. He is a person of full age and capacity.
    2. He is a person of Good character
    3. He has shown a clear intention of his desire to be domicile in Nigeria.
    4. He is, in the opinion of the Governor of the state Where he is or he propose to be resident,acceptable to the Local community in which he is to live permanently and has assimilated into their way of life of that community.
    5. He has taken the Oaths of Allegiance prescribed in the Seventh schedule of the 1999 Constitution.
    6. He has immediately preceding the date of his application either reside in Nigeria continually period of 15 years or resided in Nigeria for a continuous period of 12 months and during the period of 20 years immediately preceding that period of 12 months has resided in Nigeria for period amounting in the aggregate.

    However Section 28 provide a caveat for any person registered as a citizen of Nigeria or issued a grant of certification of Naturalization. Where a person who is registered to be a Nigeria citizen by registration or grant of Naturalization has acquired or retained citizenship or Nationality of another Nation other than Where he is a citizen by birth. Such person in order to retain his Nigeria citizenship shall effectively renounce the citizenship or Nationality of that other country within 12 months from the date of registration. Thus a person can be a citizen of Nigeria by Registration or Naturalization and also a citizen of another country provided he is a citizen of such country by birth.

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    Monnyholuwa

    Vicarious liability is a principle of Law Where an employer is liable for a tortuous Act committed by the employees within the scope of his employment.

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    Monnyholuwa

    No country can effective survive on it's own without a form of interraction with other countries and both National and international organizations. Nigeria is signatory to some many National and international treaties and conventions.Being signatory to treaties and conventions in Nigeria does not give such treaties and conventions the force of Law.pursuant to Section 12 of the 1999 constitution of Nigeria, No treaty shall be binding on Nigeria state until it has been domesticated through an Act of Assembly.Domestication. of treaty means through an Act of Assembly such treaties has become Nigeria Law and Thus become binding on the Nigeria court to follow.

    In the case GANI FAWEHINMI V.ABACHA, the court held that Nigeria is not bound to follow a treaty under such treaty has been domesticated.

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