NewStats: 3,265,510 , 8,187,029 topics. Date: Sunday, 15 June 2025 at 12:37 PM 3w5f1b

What is wrong with 'Charge and Bail'? by Ogunmodede Joseph Jagun - Lawyard
http://thelegaldiary.com/what-is-wrong-with-charge-and-bail-by-ogunmodede-joseph-jagun-lawyard/

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

http://thelegaldiary.com/lodge-complaint-police-public-complaint-response-unit/

Lodge A Complaint To The Police Public Complaint Response Unit
The Inspector General of Police, Ibrahim Idris, has sacked four policemen attached to Ijebu-Ode Area Command in Ogun State.

The men were found guilty of extorting N50,000 from a man they arrested on trumped up charge.

Affected by the dismissal are Inspector Mufutau Olaosun, Sgt. Adebayo Temitope, l. Bakare Taiwo and l. Adesoye Ayokunlehin.

According to a statement by Assistant Commissioner of Police, Abayomi Sogunle, who heads the Police Public Complaints Rapid Response Unit, the men were dismissed after they were found guilty in an Orderly Room trial at the Area Command Headquarters, Ijebu-Ode.

They were charged with discreditable Conduct and Corrupt Practice under the First Schedule of Police Act and Regulations Cap. P19. Laws of the Federation of Nigeria 2004.

The four men on 7 June, without any grounds, arrested a man who was just leaving a bank and took him to the Igbeba Station, where they labelled him a “yahoo boy” and made him frog jump and write a self-incriminating statement, that he was an internet fraudster.

“After the maltreatment, they released the man and also impounded the N50,000 he had gone to collect on behalf of his boss, saying it was payment for his bail. The man lodged a complaint with the Police Public Complaints Rapid Response Unit.

The police authorities found the complaint genuine and were mortified that policemen could take money for bail, despite the #BailisFree campaign by the police themselves.

“Their action is contrary to the directives of the Inspector-General of Police and unacceptable”, said Sogunle.

The money had since been recovered from the four policemen and given back to the man.

*Have you been maltreated by policemen recently? You can now lodge a complaint directly to the Police Public Complaints Rapid Response Unit at the following numbers and platforms: Phone Calls Only: 08057000001, 08057000002 | SMS/WhatsApp Only: 08057000003 | BBM:58A2B5DE | Twitter: @PoliceNG_PCRRU | Facebook: www.facebook.com/PolicePCRRU | Email:[email protected] OR [email protected]

The PCRRU is open 24/7.
THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://thelegaldiary.com/lodge-complaint-police-public-complaint-response-unit/

http://thelegaldiary.com/why-supreme-court-sacked-sheriff-as-pdp-chairman-news-scroll/

Why Supreme Court sacked Sheriff as PDP Chairman – News Scroll
He demonstrated an infantile desperation to lead the PDP by filing almost 10 different applications in various courts. They shall forever gather dust in judicial archives,” the judge said, referring to the various applications filed by Mr Sheriff regarding the matter over the last few months of intense legal wrangling.

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

http://thelegaldiary.com/why-supreme-court-sacked-sheriff-as-pdp-chairman-news-scroll/

http://thelegaldiary.com/effect-common-mistake-contract/
The Effect of a Common Mistake in Contract
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Good evening beautiful people.
How has our day been?
I just want to have our opinions

*God forbid*, a night before your wedding, you couldn't find your wedding gown/suit and you called an exclusive fashion company to order another one on the basis of urgency. The company from which you ordered your wedding gown/suit told you it would arrive on the morning of the wedding and you agreed because it is a company of repute; some others have taken such risk without the company disappointing.

*10 minutes to the wedding, they informed you that they lost the gown/suit in a fire accident the previous night*

To say Kikelomo Ijeoma Adams (KIA) was very elated won’t be a mistake. The day she had been awaiting all along was gradually drawing closer. Her joy knew no bound that her fantasy would become a reality.
Mere words can’t give a perfect description of how much she had dreamt about this adventurous day. Her friends whom she had boasted to about how glamorous the event would be were also eagerly awaiting this special day – her wedding day.
Being a diligent ‘student’ of Bella Naija, she had a mental picture of how eventful her wedding ceremony would be. The voluptuous bridal shower where she would be in the company of her closest female friends as she is ushered out of the Bachelorette Circle at the NICON Grand Hotel.
Her traditional engagement where she would put up the mature dressing of ‘orente’ with her outlandish Iro and Buba while dancing joyfully in the adorning atmosphere her cultural heritage creates.
She could only imagine how ravishing and colourful her white wedding would be when she walks romantically down the aisle with her prince charming, Bernard Mokunfope Williams (BMW) holding her hands dearly in his ever amorous nature.
She could she had ordered the full very wedding gown she saw on the instagram page of @s_stylestar, an international fashion outlet owned by her friend, Blessing Okoroma and could picture how...

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://thelegaldiary.com/effect-common-mistake-contract/

http://thelegaldiary.com/supreme-court-upholds-right-female-child-inherit-properties-igboland-cracong/

Supreme Court Upholds Right of Female Child to Inherit Properties in Igboland – Cracong

FEMALE CHILD HAS RIGHT TO INHERIT FATHER’S PROPERTY IN IGBOLAND – SUPREME COURT

The Supreme Court has voided the Igbo law and custom, which forbid a female from inheriting her late father’s estate, on the grounds that it is discriminatory and conflicts with the provision of the constitution.

The court held that the practice conflicted with section 42(1)(a) and (2) of the 1999 Constitution. The judgment was on the appeal marked: SC.224/2004 filed by Mrs. Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Mrs. Cladys Ada Ukeje (the deceased’s daughter).

Cladys had sued the deceased’s wife and son before the Lagos High Court, claiming to be one of the deceased’s children and sought to be included among those to ister their deceased’s father’s estate.

The trial court found that he was a daughter to the deceased and that she was qualified to benefit from the estate of their father who died intestate in Lagos in1981.

The Court of Appeal, Lagos to which Mrs. Lois Ukeje and Enyinnaya Ukeje appealed, upheld the decision of the trail court, prompting them to appeal to the Supreme Court.
In its judgment last Friday, the Supreme Court held that the Court of Appeal, Lagos was right to have voided the Igbo’s native law and custom that disinherit female children.

Justice Bode Rhodes-Vivour, who read the lead judgment, held that “no matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her later father’s estate.

“Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.

“The said discriminatory customary law is void as it conflicts with Section 42(1) and (2) of the Constitution. In the light of all that I have been saying, the appeal is dismissed. In the spirit of reconciliation, parties to bear their own costs,” Justice Rhodes-Vivour said.

Justices Walter Samuel Nkanu Onnoghen, Claral Bata Ogunbiyi, Kumai Bayang Aka’ahs and John Inyang Okoro, who were part of the that heard the appeal, agreed with the lead judgment.

http://thelegaldiary.com/supreme-court-upholds-right-female-child-inherit-properties-igboland-cracong/

http://thelegaldiary.com/doctrine-necessity-right-step-ipob-prevent-anambra-election/

WHAT DO YOU THINK WILL HAPPEN IF ELECTION FAILS TO HOLD IN ANAMBRA STATE DUE TO BIAFRA AGITATION?

The Doctrine of Necessity: The Right Step should IPOB prevent Anambra Election

I’m of the firm opinion that if election fails to hold in Anambra due to the Biafra Agitation, the Federal Government can use “the doctrine of necessity” as a shield and “declaration of a state of emergency” in the state as a sword. For example, they can appoint an Interim Government to take over the istration of the state pending the time political stability will be restored. I therefore align myself with the question of Abraham Lincoln, “is it possible to loose the nation and yet preserve the constitution?”

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

http://thelegaldiary.com/doctrine-necessity-right-step-ipob-prevent-anambra-election/

Daboomb:



Thanks very much for the time and effort you put in responding to and posting these legal issues.

In the above explanation, please correct me if l got you wrong:

1.) - The Housing Agreement stating "fixed and certain" means the both parties have a fixed amount (MONEY?) agreed as rent for the House?
2.) - Does that "certainty" to amount paid, also apply to "duration of the tenancy", concurrently?

3.) - Does it also mean that the DURATION of the tenancy is FIXED (say, One year as on the agreement) and "Non-Automatically Renewable" after that One Year, ........as will be normally obtainable with most Rent Agreements where, after the initial one year payment, the tenant only just need to forward the next years rent, to continue occupation (assuming no issues of disagreement has arisen)?

4.)- Does the above confirm or re-enforces the after One year termination of the Agreement, due to the effluxion of time, as explained above in your post?

Please dont take offence, l am only trying to ensure that l am not mis-interpreting (to my own limited understanding), your reply.
Like good student, l always try to repeat what my teacher says and let him confirm that l actually understood right.

Thanks you, once again.


Please, at a later time when you can,, l will like you to delve into a situation where a company is repairing a road.

In the process, the company blocked off certain parts and narrowed the dual lane road to a single lane.
Thus, both vehicles travelling in opposite directions, have to share a single lane.
The Company did put a sign diverting traffic into the single lane, from both ends
The Company did not install "Caution Signs", did not install Traffic Control Lights nor did it assign Human Traffic Warden/managers at the spot.
Eventually, two vehicles collided because each one thought they have the right of way, on the single lane they now shared.
People were injured.
There was a big argument about where the liability lies
- The Drivers claimed they followed the diversion sign but there were No STOP Sign or Traffic light or Warden, telling them when to Stop.
- Company said accident was due to Drivers not being in Control of their Vehicle at all times, They should have waited for each other to .

What would be the position of the Law in this matter?

I had problem posting and that's the cause of the delayed response.

No. 1 is correct.
No. 2 is partly correct. The amount to be paid for that year is certain. It can be subsequently increased after the agreed term of tenancy has elapsed.
No. 3 also needs clarification. Normally, yearly tenancy runs concurrently for the same amount as long as the tenancy pays as and when due. However, if you want to increase the rent, you must give the tenant 6months notice.
No. 4 requires the understanding that the tenancy is presumed to continue after the agreed one year if the tenant pays as and when due. However, if after one year he refuses to pay, he becomes a tenant-at-will and can be given notice to quit/notice of intention to recover possession. Note that he must pay for the extra time spent in the house -mesne profit.


As regards the other question, the Company may be liable for negligence. However, if the claim of the Company that the drivers at one time weren't in control of their wheel can be provide, then it is contributory negligence and all the parties will share the loss in the proportion determined by the court.

Electroweb:
Thanks for the information @Withambition

I have a tenant i want eject from my flat in Lagos after seving all the notices ( 6months, 7days). I want to commence the court proceedings. How much does it typically cost to go through the court to eject a tenant? I heard the court to hear the case is a function of the amount paid as rent. The tenants rent is N450k per annum.

Sir, I must confess to you, it depends on the lawyer that wants to do the job for you. The fact about court is true. However, that is just about the amount to be paid to the court for filing court processes. So, the professional fees of the lawyer is where the variation lies but you should spend more than N150k or N200K.

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[Taxify driver's Alleged Assault on Female enger: The case of Two Offenders

Good Evening Fam!
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CHARLY BOY, THE MOB AND THE SLEEPING LAW ENFORCEMENT AGENTS
Something I've discovered about Nigerians is the enthusiasm with which we celebrate impunity. The news about the stone-throwing mob who almost denied Charly Boy his right to life among other rights is a concrete evidence of this fact.
Frankly speaking, this calls for serious concern and neither the indifference of some people nor the ignorant views of others is good enough for our Country. Amidst the various comments and articles that trailed the ugly incident, the opinion of Fola Ojo in his write-up titled, "The day Charly Boy almost died for Nigeria" caught my attention.
It is quite impressive that Fola Ojo was not only factual but was also objective in his view which was published in The PUNCH Newspaper on the 18th day of August 2017. He wrote:
"It was three weeks ago that I stumbled, for the first time, on the picture of this half-stripped man on a media platform. The name did not ring a bell. But in the last few days, the social media have been flooded with his exploits. He was born and christened Charles Chukwuemeka Oputa, but in Nigeria, they call him Charly Boy.He is not a boy by any stretch; he is a 66-year-old man. Charly Boy is a musician, entertainer, and a Nigerian who is probably trying to do right for Nigeria through his many expressions. I like Nigerians who get involved in discussing government and how to make things right. For if we don’t, wicked men will have freer reigns in the polity much more than they do now.
A few days ago, Charly Boy went to the popular Wuse Market in Abuja allegedly to  mobilise the traders to protest the absence of Muhammadu Buhari from his seat as Nigeria’s President. Buhari has been in London for over 101 days recuperating from an unannounced illness. Like many Nigerians, Charly Boy feels the President is taking too long returning. Alongside his #ResumeorResign movement, he stormed the market.  But when a few people who obviously did not agree with him on politics and sundry social issues sighted him, hell was let loose. By the whiskers, he escaped death. But he has promised to take his picketing soon to Buhari’s apartment in London if the President neither returns to Nigeria nor resigns from his post in a timely fashion as President of the Federal Republic of Nigeria. Good luck to Charly Boy!
Every Nigerian has the right to protest any government if they feel or sense some ills in the system. If Nigeria is truly a democracy, freedom of expression must be seen to be inherent in citizens’ fundamental human rights. This writer stood with Candidate Buhari in the presidential election of 2015. I still have some sympathy for him and his agenda till today. Until I have a reason to pivot, I stand strong. But I am not a fanatic of any man. My love is first for Nigeria. If we choose to protest what does not work in a system, it doesn’t mean we hate the leader; and it doesn’t mean we don’t want him to succeed. This is a thinking process that many Nigerians don’t get. In Nigeria, you are not permitted to disagree with a man you even when he is flat wrong on some issues. When you highlight where he’s gone rogue, you are perceived an enemy. But in your heart of heart, you are a true friend. I don’t know the political inclination of Charly Boy, but it doesn’t really matter. His right to voice a dissent on any issue affecting his country is inalienable.
one rogue, you are perceived an enemy. But in your heart of heart, you are a true friend. I don’t know the political inclination of Charly Boy, but it doesn’t really matter. His right to voice a dissent on any issue affecting his country is inalienable.

It’s an easy call for those who did not vote or struggle to get Buhari elected to ask him to step aside. It’s far easier for his haters to wish him dead and gone. But for those who believe in Mr. President up till now, it may be a tough road to travel. What Charly Boy was requesting in his protest is also being discussed in hushed tones even among those who are strict adherents of the ruling APC.There are murmurings among men in secret places; and these are folks who sincerely love the President. They think he should step aside if he is too frail to lead. And some of them believe that because of his integrity, and for the sake of Nigeria, he may do just that after this current trip to London if the strength to rule has waned. That, in my opinion, may be a long shot. And for very many reasons too.
Readers, allow me to scribble this on record to Charly Boy; and other Charly Boys out there. If you came to the US in the heart of winter, you better get your winter garments handy and ready. If you don’t, you may die of hypothermia. How you conduct business in a specific terrain is determined by the ruggedness and character of that terrain. The Nigerian political terrain is treacherous. Illiteracy is high and ignorance is sky higher. Human lives don’t mean much to many. And for countless hoodlums bred through the misrule of politicians and men in government over many decades, human lives cost only N1000 or less. You must deal with issues of politics with caution. Wisdom is a defence.
Wuse market where Charly Boy was protesting Buhari is a territory full of men and women who naturally hate the likes of Charlie Boy. It is a spot where Northern politician celebrities are held in high esteem and adored as gods. You can call it a public place; and you are not wrong. But I call it a privately public hotbed of fanaticism and die-hardness. And Charly Boy took the bashing of Buhari to that spot? Well, he has denied protesting Buhari at the market. Some of my friends think there would have been reprisals in other parts of the country if he had been killed in the melee. I agree. But the reprisals would have probably lasted a few hours. Men and women, most of them unemployed and hungry will be killed, an investigation will be launched into the whys and hows, Charly Boy would have made it half-way to heaven or hell; and the story will end there forever!
People have burning urges to protest many things in Nigeria. But they hold back and get opprobrious only in hushed tones. With a handout of N1000, kings have been killed in Nigeria. With N500, queens have been buried alive. What happened to men senselessly killed in times past? They died and were buried; some of them unceremoniously.  And their living loved-ones shouldered the pain. What happened to a whole Attorney-General of the country; Bola Ige after he was killed in 2001? What happened to Moshood Kashimawo Abiola, the man who won the 1993 Presidential election? What happened to Ken Saro-Wiwa, a decent man fighting for the freedom of his people? They were all slaughtered by bandits and brutes.  And their killers, except for Saro-Wiwa, remain nameless and faceless till today. If Charly Boy has decided to die for Nigeria, that is his calling. After his death, a big monument and statute will be built for him in Imo State and probably in Lagos. And later, when a Pharaoh who knows not Joseph shows up, the statutes and monuments will be pulled down. If God has wired you a martyr scheduled to die for Nigeria that may not be ready to lift a finger for its citizens; please, don’t hold back. Die as soon as you have the opportunity. As for me and my house, we are more useful rebuilding Nigeria alive than dead in the hands of demons strolling around as humans. By the way, this counsel is for men; not boys."
Points to Note:
1. Every person has a right to life, and no one shall be deprived intentionally of his life, except in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.
2. Every individual is entitled to respect for the dignity of his person, and accordingly, no person shall be subject to torture or to inhuman or degrading treatment.
3. Every person is entitled to his personal liberty and no person shall be deprived of such liberty except in accordance with a procedure permitted by law such as in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty.
4. In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.
5. No person shall be held to be guilty of a criminal offence on of any act or omission that did not, at the time it took place, constitute such an offence.
6. Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
7. Also, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.
8. Every person has a right to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interest.
9. Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part the country, and no citizen of Nigeria shall be expelled from Nigeria or refused entry or exit from the country.
10. In essence, every person has a right to organize and participate in a peaceful protest for the protection of his interest.
Historical Facts:
History has it that on the 21st May 2003, the All Nigeria Peoples’ Party had requested the Inspector-General of Police to issue police permits to its to hold unity rallies throughout the country to protest the rigging of the 2003 elections.
The request was refused by the police chief without any reason. The ANPP decided to hold the rallies.
The first rally which held in Kano on the 22nd of September 2003 which was attended by General Muhammadu Buhari and other leaders of the ANPP was violently disrupted by the police on the ground that the organizers had not obtained a police permit.
The ANPP and 10 other opposition political parties briefed and instructed Femi Falana & Co to challenge the constitutional validity of police permit for rallies in Nigeria.
In the suit filed at the Federal High Court, it was contended that provisions of the Public Order Act requiring permit for rallies were in conflict with the fundamental right of Nigerians to freedom of assembly and freedom of expression.
In defending the action the police counsel maintained that the rally was stopped because it was not authorized by the Inspector-General of Police.
According to the learned trial judge said “I am therefore persuaded by the argument of Mr. Falana that by the combined effect of sections 39 and 40 of the 1999 Constitution as well as Article 11 of the African Charter on Human and Peoples’ Rights, the right to assemble freely cannot be violated without violating the fundamental right to peaceful assembly and association. I also agree with Mr. Falana that violation can only be done by the procedure permitted by law, under section 45 of the Constitution, in which case there must be a state of emergency properly declared before these rights can be violated.”
In conclusion, Charly Boy and his fellow peaceful protesters have a right to protest the President's continued stay in London because the alibi they've gotten as governance wasn't in their interest. More so, they were speaking the mind of million of Nigerian. As a matter of fact, if President Muhammadu Buhari could enforce his right to protest in 2003, why should organizers and participants of peaceful protests be mobbed? Why should the law enforcement agents and other relevant authorities ignore such acts of jungle justice which amounts to share impunity and injustice? , injustice to one is injustice to all!
THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://www.thelegaldiary.com/

http://thelegaldiary.com/not-young-run-charly-boy-sahara-reporters/
Not Too Young To Run By Charly Boy – Sahara Reporters
It is highly encouraging to learn that the #NotTooYoungToRun (NTYTR) movement will embark on a National Day of Action on Tuesday,  July 25, 2017, at 8 am at the Unity Fountain, Abuja to mobilize for the age of the proposed amendment on age requirement for running for elective office.
It’s no longer news that the Senate and House Committee on Constitution Review have terminated the Not Too Young To Run Bill.
When the bill ed the first and second reading, there was an outburst of emotions across the nation, particularly among the youths who by the way dominate the population of the nation. Indeed it felt like our Lawbreakers were beginning to take their job seriously, though they would later prove themselves as irrational, unserious, and greedy.
The #NotTooYoungToRun Bill sought to alter the section, 65, 106, 131, and 177 of the 1999 Constitution of the Federal Republic of Nigeria (as amended); to reduce the age qualification for the office of the President from 40-35yrs; Governor 35-30; Senate 35-30yrs; House of Reps 30-25; House of Assembly 30-25. The Bill also advocated for an independent candidate in our electoral system.
The best memories of our nation were when young people embraced nationalism and fought for the liberation of their enslaved country.
A succinct look at global leadership trends today shows that the role of leadership is tilting towards the younger persons; , Belgium, Qatar, North Korea, Tunisia, Greece, Canada, Poland,  Georgia and so on. Economy-wise, these countries are doing great, too.
The big question, however, is – are the present crop of Nigerian youths qualified for leadership? To that, I say a big YES. When we talk about our youths, all focus must not be on the youths residing in Nigeria alone. Globally, many young Nigerians are doing the country proud and excelling in their different fields of endeavor. And YES, I have met some exceptional young Nigerians within the borders who have qualities of good and visionary leadership.
Some of our sons and daughters were elected into the British Parliament – an unprecedented feat in the history of Democracy anywhere in the world. England won the Under 21 World Cup with the assistance of three young men of Nigerian descent. A young Nigerian won The World Heavy Weight Boxing title recently. In America, one of our daughters is now the Editor of the Harvard Law Review. Akinwunmi Adeshina is the current president of African Development Bank – A position he thoroughly deserves because of his amazing record as a distinguished public servant. Arunma Oteh is the current vice president and treasurer of the World Bank. Mohammed Barkindo was recently appointed as the secretary general of the Organisation of Petroleum Exporting Countries (OPEC). Shell International recently appointed Babs Omotowa as the Global Vice President. Chimamanda Ngozi Adichie as one of the most prominent Nigerians influencing the world has about 15 different distinguished Awards to her name.

Oluchi Onweagba-Orlandi After winning Nokia Face of Africa competition in 1998, is considered one of the most sought-after models of her generation, and now manages talents with her agency. O Models in South Africa; The Nigerian-American physician, forensic pathologist, and neuropathologist has gone down in history as the first to publish findings on chronic traumatic encephalopathy, changing the face of sports medicine as we know it.
Young people both home and abroad need to know that they are at war, the nation has been captured and the fate of our nation now lies in the hands of our exceptional youths. To sit down and hope that the freedom of young persons will be given is just like hoping that dollar to Naira will fall to one to one. It will never happen. Not with the type of impunity that is now on public display.

Nigeria’s politrickians still consider our vibrant youths as being wet behind the ears to be given a fair shot at leadership. Though it is now an open knowledge that our lawbreakers are playing a key role in dragging us back on the journey of national development – because of their vile and evil greed.
I dare to say that the docility of our youths has produced many legislootersincapacitating the youths with no iota of conscience.
We should give kudos to the courageous youths who decided to champion the noble cause of challenging the status quo that has eternally failed.
This is to encourage the front-liners of the #NotTooYoungToRun bill; let this not be the end of the bill. The struggle must resume rescuing our nation from the hands of the corrupt gangs in power.

Young persons of this county are in chains and locks but they wear the key to their freedom like a shining bracelet begging for attention.
The knuckleheads in power have knocked off the Not Too Young To Run Bill while they promote their Amnesty For Looters Bill. The much talked about revolution can only be driven by concerned young Nigerians. If we don’t fight now, we’ll be trapped in the cantankerous web of expired leaders. Expired products are as dangerous as unfinished products. The fence is no longer strong enough to carry anyone. Good people must trend

well so loud that evil will be intimidated.
#NotTooYoungToRun
#OurMumuDonDo


Because I the #NotTooYoungToRun Bill,

THE LEGAL DIARY

Joseph Jagunmolu Ogunmodede

http://thelegaldiary.com/not-young-run-charly-boy-sahara-reporters/

Why Nigeria Needs A New Constitution
I can say categorically that Nigeria needs a new constitution. The current happenings in Nigeria has clearly shown that the continuous -beating of the 1999 Constitution is not the panacea to the political and socio-economic challenges the nation is presently facing.
The 1999 Constitution was built on a faulty foundation; All worthy Constitutions are made by Citizens and their representatives. Such Citizens and their representatives are people who are fully engaged in the Constitution-making process and who understand that their future welfare and that of their descendants will be shaped by the Constitution they make.
However, in this instance, neither the people of Nigerian nor their representatives actually wrote the supposed (1999) Constitution. Rather, the Constitution was merely imposed on the people of Nigeria by dictatorial military leaders who had their own axe to grind.
This same Constitution was adopted in the democratic dispensation manned by the Civilian regime with the restoration of Section 1 (earlier suspended by the Military Government). Section 1 of the Constitution guarantees its Supremacy and it provides as follows:
1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
Little wonder the Constitution has inevitable undergone several legislative surgical operations to no avail. Hence, the necessity for the enactment of a new Constitution for the country.
Furthermore, it is doubtful that the 1999 Constitution had the significant inputs of sound legal minds who have good command of the nature of Constitutional Law. Apart from being verbose, the Constitution is too specific to be interpreted to suit changing circumstances and other forms of laws, which could have stood out as separate statutory laws, were muddled up in the so-called grundnorm.
Therefore, we need to sit down and write a new Constitution which will promote true federalism in the country if we are to be progressive and compete favourably with other countries in the world. The new Constitution should consider the nation’s heterogeneous nature for effective nation building.
In addition, it should be geared towards political and economic sustainability. For example, the 1999 Constitution provides for just the sharing of the country’s financial resources among the three tiers of government. This provision needs to be overhauled in the new Constitution to ensure the country has a saving culture.
The refrain from the conventional sharing of the Country's financial resources coupled with the provision for States government to run their affairs with their Internally Generated Revenue (IGR) will leave States with no option than to put on their thinking caps thus making for financial independence.
In conclusion, Nigeria needs a new Constitution that would adequately carter for the country's pressing issues which the current Constitution has been unable to deal with because the peculiarity of the Nation does not reflect in the provisions of the 1999 Constitution.
THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede
http://thelegaldiary.com/nigeria-needs-new-constitution/

Withambition:
On the 5th of January, 2014, Dr. Ayo Amosun bought a duplex at Gbonagun Estate from Ven. Lekan Akinbode at the sum of Fifty Million Naira Only (N50,000,000.00). Both of them had agreed that there was no need to put pen on paper since the payment is to be made once and for all. On the 4th of March, 2015, Dr. Amosun promised to give his wife, Deaconess Imek Amosun the duplex if she comes out with flying colours in her Masters Degree programme. "Don't worry honey. I just want you to know this duplex is all yours if you get an excellent result upon the completion of your Masters Programmes" were his exact words. Fortunately for Deaconess Amosun, she emerged as the Overall Best Student of the University of Lagos for the Masters category but Dr. Amosun has refused to release the Duplex. "Sweetheart, but this is a contract between us. Why are you now attempting to breach it?", Deaconess Amosun complained.
Dr. Ayo Amosun just called me on phone to confirm whether he indeed contracted with his wife. He also expressed fear that Ven. Lekan Akinbode's wife, Mrs. Adeola Akinbode was trying to sell the duplex to another person.
Points to Note:
1. A contract is an agreement between two parties giving rise to obligations which are enforced or recognised by law.
2. For there to be a valid contract, the following elements must be present:
(i) Offer - One person must have made an offer to contract with another person. (Do you know that a cab man driving up and down the street while 'girraffing' to hear where you called is making an offer?)
(ii) Acceptance - The other person to whom the offer was made must have CLEARLY accepted it. This can be expressly or by the person's conduct. (For example, you can't say you have not accepted to sell your brogues when you've collected the money and spent it).
(iii) Consideration - Each person must be offering something of value to the other person in return for what he is getting.
NB: Consideration need not be adequate but it must be sufficient. (For example, if you sell your iphone 7 for N5,000 it is sufficient for a valid )
(iv) Capacity: Both parties must be up to age (18years) and of sound mind. (For example, a person whose 'skunskun' is official cannot enter into a valid contract).
(v) Contractual Intention/intention to enter into legal relation- Most social arrangement do not amount to contracts because they are not intended to be legally binding. But for some exceptions, domestic agreements between husband and wife or parent and children are not intended to have legal relation.
(vi) Contracts can be in oral or written form. However, there are some contracts which the law EXPRESSLY requires to be in writing. For example land agreements must be in writing (sealed, signed and delivered).
NB: I will advise that, as much as possible, all your contracts should be in writing. Yes! People can deny for Africa.
(vi) There is a protection for someone who has fulfilled his part of the contract if the other person does not want to perform his. It is based on the law that "What ought to be done is regarded as done". (Doctrine of Part-Performance)
As it stands now, Dr. Amosun should have gotten a written agreement that is 'sealed, signed and delivered' from Ven. Akinbode as evidence of the sale of the duplex. However, since Dr. Amosun has substantially performed his own part of the contract by making full payment, the law will not allow Ven. Akinbode to benefit from his own wrong. Dr. Amosun can get his lawyer to write to Ven. Akinbode demanding that a written agreement be made. If Ven. Akinbode refuses, Dr. Amosun can institute an action in court to claim his right.
There is no contractual agreement between Dr. Amosun and his wife, Deaconess Imek Amosun since it is a mere social or domestic arrangement made during one of those romantic evenings. You know?
Mr. "My Mum said she will get me a Bugatti if I get a distinction in Pharmacology" should take note. There's no contract to enforce even if she doesn't buy it.
MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

This is why you should document your contract! http://thelegaldiary.com/you-should-document-contracts/

PLEASE, SHARE AS YOU READ!!!



Cc: lalasticlala, mynd44

But can't the doctrine of condition precedent avail the wife? Can't the contract said to be oral?

Promxy94:


But can't the doctrine of condition precedent avail the wife? Can't the contract said to be oral?

What we are saying that it is not a contract. There is no contract between the Couple because there was no intention to create legal relation; it's merely a domestic agreement.

The Only Female Lawyer Was Denied SAN Rank For This Reason?

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http://thelegaldiary.com/female-lawyer-denied-san-rank-reason/

WHAT IS THE LEGAL CONSEQUENCE OF SELLING ZOBO IN COCA-COLA BOTTLE?


http://www.thelegaldiary.com/legal-consequence-selling-zobo-coca-cola-bottle/

I’m sure it must have been out of curiosity! You’re wondering what I’m saying, right? Yea, such a question on the legal consequence of a matter can only come from a mind that is curious and thirsty for knowledge especially when such mind is not in the legal line.

On the 29th day of September, 2017, Temidayo, a Youth Corp Member and Civil Engineering Graduate from the University of Ibadan ask a very thoughtful legal question on the Whatsapp Group of THE LEGAL DIARY. His question is as follows:

“Just a thought and question. If as a Zobo or Kunu Manufacturer and seller, I use plastic bottles that I picked from an event and I’m selling my product in this bottles with the labels of the Company (e.g. Eva, Coca-Cola etc) still on them. In an ideal society, what’s the legal consequence?”

Opinions were offered on the legal issue. However, this legal question provides an opportunity to people (legal minds in particular) to put on their thinking Caps and give brilliant legal opinions on the above issue.

See The Sugar Creek Should Have Protected Her Trademark

THE PERSON WITH THE BEST LEGAL OPINION  ON THE LEGAL CONSEQUENCE BY FRIDAY, 6TH OF OCTOBER, 2017 GETS A KAMPALA TOP AND AIRTIME WORTH N1000 AMONGST OTHER FANTASTIC PRIZES.

How To Participate
1. Subscribe to THE LEGAL DIARY Website – www.thelegaldiary.com free of charge by entering just your e-mail.
2. Post your legal opinion as a comment.


All the best!

THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede



http://www.thelegaldiary.com/legal-consequence-selling-zobo-coca-cola-bottle/

*THE DEFENCE OF INTOXICATION*
The 31st of December, 2016! Everyone was happy this beautiful day. Calls were competing on her phone as if callers were hoping to win an Olympic gold medal. Texts were rolling in her telephone line like the waves of the atlantic ocean. All her social media were flooded with greetings and best wishes just for her on this memorable day.
What was special about this day? It was very lit in the living room of the Akunades which was usually nothing short of a serene atmosphere. The room housed a set of succulent sofa which provided a heavenly feeling to anyone who sat on them. The music from the home theatre was pounding the silent in the room with the strong bass it exuded.
An Italian glass-made dinning table clothed with glittering dark colour was also noticeable in the living room. A mighty cake with a touch of sophisticated design was sitting gallantly on the dinning table while being surrounded by bottles of exotic wines. Cup cakes, assorted meats, chocolate crackles, small chops among other recipes also proudly ed the cake while the beautifully designed greeting cards ed the requisite message.
One would definitely wonder, "what's it with this day?" It was exactly 7:30am; Toyosi who has been indoor receiving calls and reading texts came out to the living room. She was so amazed at the sight of the dinning table. "Omotoyosi mi, omo Akunade, Happy celebration to you. It's your 25th birthday! Cheers to a new age my darling. It's the beginning of something great", Mrs. Akunade whispered to her ears from behind.
Toyosi's father, Dr. Akunade who gladly watched them from the entrance of the master bedroom happily chorused, "Happy birthday to you! Happy birthday to you!! Happy birthday to you my baby, happy birthday to you!!!". Yes! It was the 25th birthday of Omotoyosi Akunade, the only child of Dr. & Mrs. Akunade.
Toyosi who was short of words employed her two hands in covering her mouth with great shock written all over her face. Within a twinkle of an eye, a troubling noise from outside penetrated the living room and they wondered what could have have happened. Mrs. Akunade ran to the main door, locked it firmly and kept the key under the sofa.
Suddenly, someone knocked at the door, "ko, ko,ko". "Who is that?", Dr. Akunade asked. The person sounded, "I am". "It's only the Almighty God that's 'I am'. Who are you?", Mrs. Akunade cut in. "It's no other person that the visitor you've been expecting", person replied. "Don't you have a name?", Dr. Akunade asked angrily. By this time, Toyosi was already hiding inside the visitor's toilet in the living room.
"Happy Happy Birthday! That is all I can say. I wish you many, many happy returns. Toyo Baby, happy birthday to you!!". At the hearing of the name "Toyo Baby", Toyosi ran out of the toilet straight to the sofa and picked the key to the door. All efforts by her parents to prevent her from opening the door, since they didn't know the identity of the person in question, proved abortive.

Enjoy your reading and don't forget to leave a comment

http://www.thelegaldiary.com/the-defence-of-intoxication/
THE LEGAL DIARY
Joseph Jagunmolu Ogunmodede

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FOLLOW TAX SERIES BY ENIOLA AKINOSO ON THELEGALDIARY.COM
*A hearty congratulations, dear reader, you not only steadily pay a Federal tax called Value Added Tax (VAT), as the final consumer/buyer, you bear the burden of the tax to a large extent. CHECK HOW YOU PAY*

http://www.thelegaldiary.com/tax-series-by-eniola-akinoso-season-4/

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VENIMUS 2017: SELECTED LEGAL COMMENTARIES

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http://www.thelegaldiary.com/s/-venimus-2017-selected-legal-commentaries/a

*DR. NWOBIKE, SAN SENTENCED TO ONE MONTH'S IMPRISONMENT*
http://www.thelegaldiary.com/nwobike-san-ends-april-2018-with-imprisonment/

All I will say is that not all that glitters is gold and this is a lesson for all of us!  The truth is: most of us are unconvicted convicts; many are just as guilt as Dr. Nwobike, SAN but we consider ourselves saints because we've not been caught. This reminds me of the Battle of Waterloo.

Yes! Mr. Judge that influences the case they assign to his court so he can either conspire with the parties to pervert the course of justice or victimize some lawyers and their clients.

You; Chief Lawyer that's always telling Mr. Judge to meet you at the Club and promising to sponsor his vacation if gives judgement in your favour.

Even you; Aunty Registrar that...

please what are d chances one have in a law court about an agreement that was unfavourable to one party but the said party signed it out of in ability to comprehend what was penned down. it is clear from the contract that one party drafted such agreement to cheat another. does d aggrieved party have a chance of winning such case?

nwobiebuka:
please what are d chances one have in a law court about an agreement that was unfavourable to one party but the said party signed it out of in ability to comprehend what was penned down. it is clear from the contract that one party drafted such agreement to cheat another. does d aggrieved party have a chance of winning such case?

[b]It all depends on the facts of each case. Generally, parties are bound by their agreement and a party will not be allowed to scuttle out of such especially when it is proved that it was voluntarily entered into. However, there are instances such agreement will be vitiated by fraud, undue influence amongst other factors. If you are able to prove that the contract does not represent the agreement between you guys..why not? In fact, any ambiguity in such agreement will be construed against the party making the ambiguity. Therefore, NOBODY can determine whether ANY case will be won in Court, as it is a 50:50 chances. However, if there is a substantial case to be put forth, one can always try.

Be that as it may, I make bold to tell you that such situations are better settled by Alternative Dispute Resolution Mechanisms such as Meditation. Gentleman agreement, win-win situation, saves energy, saves time, less costly etc. I will therefore advice that you employ Mediation or any other alternative dispute resolution mechanism in settling it. If you need any help concerning this, you can always send me a mail.
Regards.[/b]

Withambition:

[b]It all depends on the facts of each case. Generally, parties are bound by their agreement and a party will not be allowed to scuttle out of such especially when it is proved that it was voluntarily entered into. However, there are instances such agreement will be vitiated by fraud, undue influence amongst other factors. If you are able to prove that the contract does not represent the agreement between you guys..why not? In fact, any ambiguity in such agreement will be construed against the party making the ambiguity. Therefore, NOBODY can determine whether ANY case will be won in Court, as it is a 50:50 chances. However, if there is a substantial case to be put forth, one can always try.

Be that as it may, I make bold to tell you that such situations are better settled by Alternative Dispute Resolution Mechanisms such as Meditation. Gentleman agreement, win-win situation, saves energy, saves time, less costly etc. I will therefore advice that you employ Mediation or any other alternative dispute resolution mechanism in settling it. If you need any help concerning this, you can always send me a mail.
Regards.[/b]

thanks man.

nwobiebuka:

thanks man.

You're welcome.

.

THE USE OF ESCROWSERVICES IN INTERNATIONAL TRADE

Introduction
A seller/exporter who wishes to succeed in today’s global market must offer favourable of payment in addition to other sales to accommodate the needs of the buyer/importer.

There are various methods of payment in international trade. This variety reveals a common cause of concern to buyers and sellers: the need to find a form of payment that provides some level of security at low cost.

This article addresses, among other things, the benefits and risks involved in the adoption of escrow services in making payments in international trade.

Methods of Payments in International Trade
The primary methods of payment in international transactions include, but are not limited to:

a. Cash-in-advance;
b. Letters of Credit (LC);
c. Documentary Collections (D/Cs);
d. Open .

In cash-in-advance transactions, the seller is assured of the credit worthiness of the buyer and can eliminate the risk of non-payment of the purchase price since payment is received before the goods are shipped.

Wire transfers and credit cards are the most commonly used cash-in-advance options available to exporters. With the advancement of the internet, escrow services are becoming...
http://www.thelegaldiary.com/the-use-of-escrow-services-in-international-trade-some-preliminary-reflections-by-zacheaus-olamide-akanni/

Withambition:
I really loved your post. I also share information with you Are you curious to know about truck accident lawyer los angeles cz. law? Here you will find details about cz. law experts handling truck accident cases in Los Angeles. For more information, you can visit https://legalfav.com/2023/04/truck-accident-attorney-los-angeles-cz-law/ link. Their experienced team understands the complexities of truck accident claims and knows how to navigate the legal system to get you the best possible result.

MY LEGAL DIARY
Joseph Jagunmolu Ogunmodede

thanks man.

Withambition:
*WISDOM AND NOT EXPERIENCE IS THE BEST TEACHER*

These cases above, are they all real cases or combination of hypothetical and real.

If you can help me distinguish the real ones from the hypothetical ones. I'm also a law student and I'm doing research on law cases.

I came across your post while searching online. Thanks