LAW DIGEST IN NIGERIA

EDITED BY: Asykobi It is nearly inevitable that there would be disputes between workers (employees) and employers in a work environment. This necessarily flows from the fact that, where two or more people relate, it is highly likely that disputes would arise. Thus, no matter what machinery is put in place to avoid disagreements in the workplace, such machinery would unavoidably fail. What should concern the mind of all and sundry is how the disputes would be amicably resolved and peacefully settled in the event of disputes and conflicts? The preoccupation of all should be; what are the machineries provided by the law for the resolution of labour disputes, industrial conflicts and employment disagreements? This piece will simply examine the scope of the jurisdiction of the National Industrial Court (NIC) within the 1999 Constitutional framework and conclusively emphasize on the need for the court to stamp its authority as a foremost dispute resolution body with respect of labo...

1. There must be a board meeting whereby a resolution will be passed to alter the article. 2. A notice of 21 days notice must be given to the members accompanied with the said special resolution. 3. The company must convene a general meeting and pass a special resolution to alter the article. 4. The company must ensure that the alteration does not go contrary to the provisions of the memorandum of association. 5. The next step would be the delivery of the printed copy of the article and printed copy of the resolution to Corporate Affairs commission within 15 days of passing the resolution. 6. Evidence of payment of Annual return must be made available at the commission and it must be up to date.  Note: CAC do not attend to post incorporation issues of a company where the payment of their Annual returns is not up to date. 7. The company would be required to annex the resolution to every copy of the article issued after the passing of the resolution. ...

EDITED BY: Asykobi Every Nigerian has rights, duties, liabilities and privileges, which are provided for in the hundreds of laws that exist in Nigeria. However, there are certain rights that basically trump all other ones. They are rights that are referred to as  inalienable  rights, rights for which the law has made specific and special provision. These rights are contained in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria, and are officially known as  Fundamental Rights. This article will explain what these key rights are, because every Nigerian really should know about these rights. 1. RIGHT TO LIFE This is the most important right of every Nigerian (and in fact every human being). The right that everyone has to ‘exist’, and no one can intentionally deprive a person of this right, either an individual or the Government, unless in the execution of a sentence of the court in respect of a criminal offence. In a nutshell, what th...

EDITED BY: Asykobi “Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned.” – William Congreve, 1670-1729 The following, scary but true, recently reported incident is apt in introducing this piece :  “Woman sent to jail for pouring hot oil on lover who refused to marry her… “. A 25-year-old woman identified as Victoria Alonge was on Monday sentenced to one-year in jail by a Karu Senior Magistrate court for pouring hot oil on her boyfriend, Roland Nna, because he refused to marry her. Telegraphng.com reports that Victoria was sentenced to one-year imprisonment without an option of fine after the convict admitted to the court that she committed the offence. Alonge was arraigned on a one-count charge of causing grievous harm to Nna, her boyfriend, who resides in Kurudu, Abuja. The prosecutor told the court that Alonge went to Nna’s house at about 4:30 a.m. on the fateful day and poured hot oil on him while he was asleep, resulting in gri...

EDITED BY: Asykobi When it comes to tendering evidence before the court of law, there are some fundamental rules that the court has to adhere to. These rules determine the whole practice of bringing evidence before the court. The rules are as follows: The Burden of Proof The burden of proof is simply the party whose responsibility it is to establish evidence before the court. When it comes to civil cases, the burden of proof rests on the party that asserts. This could either be the plaintiff or the defendant. For instance, if in a land dispute,  the defendant claims that the land belongs to him by right of first settlement, he has to prove it before the court. It is not the plaintiff’s responsibility, in this instance, to disprove the defendant’s claim of title to the land. The court rules in civil cases based on the preponderance of evidence. This means that the party with the better evidence wins the case.  See:  Iyanru vs Mandillas; Adaka vs. Akun(2003...

Edited By : Asykobi Who are The Parties to An Offence? This is a situation in which two or more parties form a common intention to carry out a criminal act. The degree of their participation might vary but the law would hold them jointly and severally liable for the commission of the crime.  The law regards all of them as partners in the crime as encapsulated in the maxim “ particeps criminis “. For the prosecution to be successful, it has to establish the common intention of the parties charged.  S.8  of the criminal code provides that if a group of people with a common intention to carry out an unlawful purpose, carry out such purpose, they shall be liable for any offence that results from the carrying out of the unlawful purpose.  S.9  of the  Criminal Code  provides that if a person counsels a crime to another, who by following his counsel commits a crime,t hey shall both be held liable for the result of the action. For conve...