CONTRACT DRAFTING: MISTAKES TO AVOID

  

CYBERCRIME AND ONLINE FRAUD IN NIGERIA: UNDERSTANDING THE LEGAL CONSEQUENCES

By Richarmond O. Natha-Alade

Introduction

The rapid advancement of information and communication technology has transformed the way individuals, businesses, and government institutions communicate, transact, and conduct daily activities. From online banking and e-commerce to social media and electronic governance, technology has become an indispensable part of modern life. While these innovations have created immense opportunities for economic growth and social development, they have also given rise to new forms of criminal activity.

Certificate of Occupancy (C Of O): What Every Land Buyers Must Know Before Paying For Land - SNATHAP

CERTIFICATE OF OCCUPANCY (C OF O): WHAT EVERY LAND BUYER MUST KNOW BEFORE PAYING FOR LAND

 

By Sun Natha-Alade & Partners (SNATHAP)

 

Introduction

 

Land remains one of the most valuable and sought-after investments in Nigeria. Whether for residential, commercial, industrial, or agricultural purposes, acquiring land is a major financial decision that requires careful legal investigation.

 

Unfortunately, many land purchasers focus solely on the physical appearance or location of a property without adequately verifying its legal status. One of the most important documents every prospective land buyer must understand is the Certificate of Occupancy (C of O).

 

Step by steps guide on adoption of a child in Lagos State, Nigeria

1️⃣ A step-by-step guide for adoption in Lagos State (under the Child’s Rights Law of Lagos State, 2007), and

2️⃣ A sample adoption petition format as filed in the Family Court of the Lagos State High Court.

Procedure for adoption under Nigerian Laws

 Adopting a child in Nigeria involves several legal and administrative procedures, depending on whether the adoption is domestic (within Nigeria) or inter-country (foreigners adopting a Nigerian child). Below is a detailed breakdown of the procedures and requirements for adoption under Nigerian law.

All you need to Know about Adoption of a Child under Nigerian Law

 

Adoption in Nigeria is governed by both federal and state laws, with key legal frameworks including the Child Rights Act (2003) at the federal level and individual state adoption laws, especially in states that have domesticated the Child Rights Act.

Legal Framework for Adoption in Nigeria

1. Child Rights Act (2003): This Act provides the general legal framework for adoption in Nigeria. However, adoption laws are implemented at the state level, meaning that each state has the authority to regulate adoption within its jurisdiction.

Can You Stop Your Spouse From Using Your Name After Divorce in Nigeria- SNATHAP

Under Nigerian law, your personal name is generally considered part of your identity rather than a proprietary asset that you can control through the courts. This means that once your marriage is dissolved, there is usually no legal mechanism to force your ex-spouse to stop using the name they have adopted—even if that name was originally associated with you during the marriage.

Key Points

1. Identity vs. Property Rights

   • A personal name is seen as an aspect of identity rather than property.
   • Courts do not typically have the power to compel an individual to change their name simply because it was once shared in a marital relationship.

Can You Take Legal Action Against Someone Who Commits Adultery With Your Spouse Under Nigerian Laws

 

Under Nigerian law, adultery is not a criminal offense, but it can have legal consequences, especially in civil matters like divorce and compensation claims.

1. Criminal Liability for Adultery

• Under Nigerian Criminal Law: Adultery is not classified as a crime under the general criminal laws of Nigeria, such as the Criminal Code (Southern Nigeria) and Penal Code (Northern Nigeria).
• Under Sharia Law: In some northern states that operate Sharia law, adultery (zina) is a criminal offense with severe penalties, but this applies only to Muslims under Islamic personal law.

2. Civil Liability for Adultery

Thinking! You Don't Want that Divorce yet? All you need to Know About Judicial Separation- SNATHAP

Judicial Separation under Nigerian Law

Judicial separation is a legal process that allows married couples to live apart while remaining legally married. Unlike divorce, it does not terminate the marriage but provides relief from marital obligations. In Nigeria, judicial separation is governed by the Matrimonial Causes Act (MCA) 1970.

Legal Basis for Judicial Separation

Under Section 39 of the MCA, a party to a marriage may apply to the court for a decree of judicial separation based on the same grounds as divorce, except that the marriage is not dissolved.

Grounds for Judicial Separation

Child Custody In under. Nigerian Law - SNATHAP

In Nigeria, child custody is governed by a combination of statutory laws, customary laws, and religious laws, depending on the circumstances of the case. Here’s a breakdown of child custody under Nigerian law:

1. Governing Laws

Child custody matters in Nigeria are mainly regulated by:

• The Matrimonial Causes Act (MCA) 1970 – applies to legally married couples under statutory marriage.
• The Child Rights Act (CRA) 2003 – focuses on the best interests of the child.
• Customary and Islamic Laws – apply where the parents were married under customary or Islamic law.

2. Who Gets Custody?

Custody decisions depend on various factors, including the child’s best interests, age, and parental capacity.

Common mistakes that could render your marriage a nullity or voidable under Nigerian Law - SNATHAP

Under Nigerian law, a marriage can be either void (having no legal effect from the outset) or voidable (valid until declared invalid by a court). The Matrimonial Causes Act (1970) outlines the grounds for both.

1. Mistakes that Render a Marriage Null and Void (Void Marriages)

A void marriage is considered never to have existed legally. Common mistakes that lead to a void marriage include:

1. Non-compliance with legal requirements

   • Failure to follow the prescribed marriage procedure under the Marriage Act (e.g., not obtaining a marriage license, failing to publish banns properly).
   • Marriage conducted by an unauthorized person or in an unauthorized place (e.g., a church not licensed for statutory marriages).

All You Need to Know About Divorce In Nigeria - SNATHAP

Have you ever imagined that signing papers in Nollywood context applies to divorce in Nigeria? Such thought or belief could only have been gotten through Nollywood, Jurisdictional experience outside Nigeria or simple imagination. 

Divorce law in Nigeria is governed primarily by the Matrimonial Causes Act (MCA) 1970, which sets out the legal framework for the dissolution of marriages. Divorce in the circumstances applies only to marriages solemnized under the Matrimonial Causes Act (exclusive of customary marriage and Islamic Marriage) Here’s everything you need to know:

1. Grounds for Divorce

Nigeria follows a "no-fault" divorce system, meaning that a party must prove that the marriage has "broken down irretrievably." This can be established under any of the following eight grounds:

What is Pre-nuptial Agreement and Factors to be Considered Before Entering Same - Olanlekan Natha-Alade

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement (prenup) is a legal contract entered into by a couple before marriage to outline how their assets, liabilities, and financial matters will be handled in the event of divorce, separation, or death. It sets clear financial expectations and helps protect individual interests.

Factors to Consider Before Entering a Pre-Nuptial Agreement

1. Legality and Enforceability

   • In Nigeria, pre-nuptial agreements are not explicitly recognized under the Matrimonial Causes Act, but courts may consider them if they meet legal principles of fairness and equity.

How Does the Law Protect Children of Divorced Couple in Nigeria - Olanlekan Natha-Alade

In Nigeria, the law provides several protections for children of divorced couples, mainly through the Matrimonial Causes Act (MCA) 1970, the Child Rights Act (CRA) 2003, and other relevant laws.

1. Custody and Welfare of the Child

• Under the Matrimonial Causes Act, the court determines who gets custody based on the best interests of the child.
• The court considers factors such as the child's age, health, education, emotional ties, and the financial capability of each parent.
• Generally, young children (under 7) are usually placed with their mother unless the court finds compelling reasons to decide otherwise.

2. Child Maintenance and Financial Support

Common Legal Issues on Divorce in Nigeria - SNATHAP

Divorce in Nigeria is governed by the Matrimonial Causes Act (1970) and various customary and religious laws, depending on the type of marriage (statutory, customary, or Islamic). Some common legal issues that arise in divorce cases in Nigeria include:

1. Grounds for Divorce

Under Nigerian law, a marriage can only be dissolved if it has broken down irretrievably. Common grounds include:

• Adultery
• Desertion for at least one year

Legal Factors You Need to Consider in Nigeria Before Entering a Marriage - SNATHAP

 In Nigeria, marriage is not just a cultural or religious affair; it also has legal implications that must be carefully considered before saying, “I do.” Here are some key legal factors to take into account:

1. Type of Marriage

Nigeria recognizes different types of marriage, each with distinct legal implications:

• Customary Marriage (traditional)
• Islamic Marriage (Sharia-based)
• Statutory Marriage (under the Marriage Act)

If you choose a statutory marriage, you cannot legally marry another spouse. However, customary and Islamic marriages allow polygamy. Your choice affects your rights, inheritance, and divorce process.

CBN Ban on Cryptocurrencies: Legal Issues and Effect - Sun Natha-Alade Partners (SNATHAP)

Introduction

The recent Central Bank of Nigeria’s directive BSD/DIR/GEN/LAB/14/001 prohibiting commercial banks and other financial institutions from transacting and allowing payments to be made through their platforms has thrown the whole country into a frenzy. While the CBN justified the controversial directive by alluding to the volatility, anonymity and crime-enhancing nature of crypto-currencies, many Nigerians have accused the apex financial regulatory body of being backward and not in tune with global technological trends and innovations.

The Beauty of Industrial Designs in Nigeria; Its Registration and Duration - Ifeoluwa Badejo / SNATHAP

 

Ifeoluwa Badejo

Industrial design in its simple definition is fundamentally an expression of style or form that is unique, distinct from a known or already existing work of art. Therefore, for the purpose of the flourishing and increase in the innovations and new creations of designs and ideas, there is a need to protect the innovations, new creations of designs and ideas, even though not in its entirety but a quantum of it. Industrial Design is not about the external appearance of an article, design or material but in its peculiarities, distinctiveness, and significance or striking appearance and how it is appealing to the eye.

Legal Guides to Engaging in Profitable Businesses in Nigeria - SNATHAP

Company structure

The primary law governing companies and businesses in Nigeria is the Company and Allied Matters Act (CAMA). It deals with the various types of company structures, eligibility, process for registration, and rules for operation.

The regulatory body that is in charge of implementing the provisions of the CAMA is the Corporate Affairs Commission (CAC).

Custody Of A Child In Nigeria: The Predominant Factors Under Statutory And Customary Marriage – Sun Natha-Alade & Partners (SNATHAP)

Recently, especially during the COVID’19 Pandemic marriages seem to be collapsing and the rate of divorce is alarming. Alongside divorce matters either the husband or wife or even both or other relatives may want the custody of the children of the marriage either with respect to marriage celebrated under the Marriage Act or under customary law in Nigeria. This brings us to a brief but detailed analysis of what custody of a child entails. 

The World Health Organization defines a Child as a person of 19 years or younger unless the national law defines a person to be an adult at an earlier age.

COVID 19 Cannot Kill Anymore; It’s a Banished Shadow –Richarmond O. Natha-Alade

The hovering darkness is the shadow in glory;

There are times when great luck lies in ill-luck

There are times being the greatest among all lies in servitude

There are times great measure of grace lies in some measure of disgrace

There are times boldness and courage lies in ridicule

There are times being greatly strong lies in great weaknesses

There are times great and everlasting peace lies in endless wars

In life, we fight and fight and fight in hope for some days of peace

COURTOCRACY: Dispassionate Look at Supreme Court Judgements in BAYELSA, Nasarawa, Rivers & Others - Richarmond O. Natha-Alade

Richarmond O. Natha-Alade

Events of recent have shown several seismic and qua-tsunami decisions of our courts on several matters of national importance, the apex court inclusive; particularly on teething issues touching on various elections across Nigeria. This is evidenced by sudden twists in order events and natural protocols occasioning controversies and majour division on opinions cum reactions hovering from those decisions. Part of such is evidenced by massive protests across-board and massive filing for review of those decisions.

The Importance of Registration of Company and Businesses- Zammy A. Owodunni

Zammy Owodunni

Business registration is the process of obtaining legal authorization to conduct business within your chosen jurisdiction. It is a legal obligation in most jurisdictions and ensures that a business is operating under the lawful obligations of its control

Adelabu v. Seyi Makinde: Me Lords at the Court of Appeal Could Have Done More – Richarmond O. Natha-Alade

Richarmond O. Natha-Alade

It is exactly two days the constituted Election Petition Panel of the Court of Appeal, Abuja, sitting within the Ibadan judicial division delivered Judgement which many believe is quite uncommon and/or strange in the political history of Nigeria.

For the first time, all parties in an appeal appear joyous and each side (with genuine and/or mischief intents) commending the court for the job well done. Both parties on the major divide seem to have a momentary and/or spontaneous satisfaction of court pronouncements; when in actual fact no actual verdict for and/or against parties was made. Bespeak, the judgement was in favour of all and in favour of none; hence no winner, no vanquish. The Honourable court only made order as to statusquo as it were upon declaration of winner by Independent National Electoral Commission.

Let's Kill all the Goods for Evil; We Reset the World at its Best - SNATHAP 2020

We are in the unknown world;

The World, rough but smooth,

Constant but Changing

Vengeful but forgiving,

Dreadful but pleasant,

Wide but narrow,

Awful but terrific

Spiritual but ordinary

Imprisoning but free