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In all our practice areas, our attorneys are charged with protecting clients’ rights and advancing justice in Nigeria.
Learn more about our commitment to pro bono and contribution to human rights by visiting https://www.adeolaoyinlade.com/en/
What is Tenancy law?
Response– Tenancy law regulates the landlord-tenant relationship. The law aims to provide a legal framework for the rights and obligations of both landlords and tenants, and to help address common issues that arise in tenancy agreements.
Tenancy laws differ from state to state, it is vital to understand the specific regulations in your area to ensure compliance and avoid potential disputes.
What are the various categories of Tenancy?
Response-
What are the Rights available to a Landlord and Tenants under the Tenancy Law in Nigeria?
Response- For Landlord
Rights of Tenants
How to evict a tenant legally?
Response– As outlined in the law, landlords and tenants must adhere to specific notice periods when terminating a lease, depending on the length of the rental period. This ensures that tenants are treated fairly and that both parties have a clear understanding of their obligations regarding the property.
Valid reasons for termination include non-payment of rent, breach of tenancy agreement, and the landlord’s need to occupy or renovate the property. The law prohibits ‘self-help’ evictions and requires landlords to obtain a court order for eviction
To evict a tenant follow these steps to ensure compliance with the law-
Conclusion
In conclusion understanding Nigeria’s tenancy laws is vital for landlords and tenants. Knowing your rights and responsibilities helps prevent disputes and ensures a smooth rental experience.
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
Written by Deborah Ogedengbe for Adeola Oyinlade & Co.
Adeola Oyinlade & Co. is a leading full-service law firm in Nigeria providing competent, innovative, cost-effective, and well-timed responsive services. The firm offers a variety of legal services including real estate advisory to a vast range of national and foreign clients.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Telephone: +234 803 826 7683 / +234 802 686 0247
Introduction
Operating a business in Nigeria requires various licenses and permits, which are vital for legal compliance and smooth functioning. The specific requirements can vary based on the nature of the business, its location, and whether it involves foreign investment. This article provides detailed overview of the essential licenses and permits needed for business operations in Nigeria.
Industries: Permits and Licenses in Nigeria
In Nigeria, the oil and gas industry is regulated by various permits and licenses. The regulatory framework has been significantly shaped by the Petroleum Industry Act (PIA) of 2021, which introduced new categories and guidelines for obtaining necessary permissions.
Types of Licenses in the Upstream Sector
The upstream sector, which focuses on exploration and production, requires specific licenses:
NUPRC Permits
The Nigerian Upstream Petroleum Regulatory Commission (NUPRC), formerly known as the Department of Petroleum Resources (DPR), oversees the issuance of permits necessary for oil and gas operations. There are three main categories of permits available:
The banking and financial services sector is heavily regulated, primarily by the Central Bank of Nigeria (CBN). The CBN issues various licenses to ensure that financial institutions operate within the legal framework established by the Banks and Other Financial Institutions Act (BOFIA) 2020. Below is a detailed overview of the types of licenses available, the application process, and compliance requirements.
Types of Licenses
The telecommunications and media sectors are regulated by the Nigerian Communications Commission (NCC), which is responsible for issuing various licenses that authorise entities to provide communication services.
Types of Telecommunications Licenses
The NCC issues several categories of licenses, each tailored to specific services and operational needs:
The National Agency for Food and Drug Administration and Control (NAFDAC) is the primary regulatory body responsible for issuing licenses related to pharmaceuticals, while other agencies oversee specific healthcare services.
Types of Pharmaceutical Licenses
Types of Healthcare Services Licenses
The regulatory framework is primarily governed by the Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON) and other relevant bodies.
Types of Real Estate and Construction Licenses
These licenses are regulated by several governmental bodies to ensure compliance with safety standards, promote sustainable practices, and enhance food security. The National Agricultural Seed Council (NASC), the Federal Ministry of Agriculture and Rural Development (FMARD), and the National Agency for Food and Drug Administration and Control (NAFDAC) are key agencies involved in the licensing process.
Types of Agriculture Licenses
This licensing framework is designed to ensure compliance with health, safety, and quality standards to protect consumers and promote public health. The regulatory bodies involved in the licensing process include the National Agency for Food and Drug Administration and Control (NAFDAC), local government authorities, and other relevant state agencies.
Types of Food and Beverage Licenses
These licenses ensure that educational providers meet established standards, promote quality education, and protect the interests of students and the public. The regulatory framework is primarily overseen by the Federal Ministry of Education and various professional bodies, including the Teachers Registration Council of Nigeria (TRCN) and the National Commission for Colleges of Education (NCCE).
Types of Education Licenses
This licensing framework is designed to ensure compliance with safety, quality, and environmental standards, thereby protecting consumers and promoting industrial growth. The regulatory bodies involved in the licensing process include the Manufacturers Association of Nigeria (MAN), the National Agency for Food and Drug Administration and Control (NAFDAC), and the Standards Organisation of Nigeria (SON).
Types of Manufacturing Licenses
Sports betting is regulated by the National Lottery Regulatory Commission (NLRC) at the federal level, along with state lottery boards, such as the Lagos State Lottery Board (LSLB). These licenses ensure compliance with legal standards, promote responsible gaming, and protect consumers.
Types of Sports Betting Licenses
The Ministry of Mines and Steel Development (MMSD) is the key government agency responsible for issuing these licenses.
Types of Mining and Quarrying Licenses
This licensing is regulated by various government agencies, including the Federal Road Safety Corps (FRSC), state transport authorities, and the Courier and Logistics Regulatory Department (CLRD) under the Nigerian Postal Service (NIPOST) for logistics-related activities.
Types of Transportation and Logistics Licenses
The Nigerian Electricity Regulatory Commission (NERC) issues licenses to companies that generate or distribute power.
Types of Power and Energy Licenses
Conclusion
To operate a business legally in Nigeria, certain licenses and permits are required. It is important for business owners to understand and obtain these licenses and permits to ensure compliance and avoid legal issues while establishing their businesses in Nigeria. Considering that each permit has its unique procedures and requirement, it is important that business owners seek expertise of leading legal partitioners on top of the above listed practice areas for specific guides.
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
Written by Samuel Anwe for Adeola Oyinlade & Co.
Adeola Oyinlade & Co. is a leading full-service law firm in Nigeria providing competent, innovative, cost-effective, and well-timed responsive services. The firm offers a variety of legal services including corporate, commercial and business advisory, dispute resolution, litigation and more to a vast range of national and foreign clients.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Telephone: +234 803 826 7683 / +234 802 686 0247
Introduction.
The primary purpose of vessel arrest is to secure satisfaction of a judgment in an action in rem. Pre-judgment arrest in admiralty proceedings serves three key objectives: Preventing removal of the vessel from jurisdiction pending proceedings; Ensuring availability of the vessel to satisfy a potential judgment in the Claimant’s favor; and Compelling provision of security equivalent to the claimed amount or vessel value. Given Nigeria’s reliance on maritime activities for economic growth and international trade underscores the vital importance of this legal mechanism in safeguarding the nation’s economic interests.
This article provides an in-depth examination of the legal framework governing vessel arrest and detention in Nigeria, offering a thorough analysis of procedural requirements and underlying legal principles.
What is a Vessel?
A vessel refers to any watercraft, including ships, brigs, sloops, or other similar structures, designed or capable of navigation on water, primarily intended for transporting passengers, cargo, or equipment across navigable waters.
The Arrest and Detention of Vessels in Nigeria are Governed by:
These laws provide the framework for ship arrest and detention in Nigerian waters
1. Merchant Shipping Act 2007
2. Admiralty Jurisdiction Act LFN 2004
3. Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007
4. Coastal and Inland Shipping (Cabotage) Act 2003
Exclusive Jurisdiction of The Federal High Court on Admiralty Causes
The Constitution of the Federal Republic of Nigeria, 1999 (as amended), confers jurisdiction on the Federal High Court to hear and determine admiralty causes
Grounds For Arrest/Detention
The purpose of vessel arrest is to invoke and retain the court’s jurisdiction, ensuring the effective adjudication of maritime disputes. Vessels may be arrested or detained in Nigeria for several reasons:
Procedure for Arrest of Vessel
The originating processes to be filed at the Federal High Court in an action in rem commenced by Writ of Summons, along with the Statement of Claim and copies of documents to be relied on at trial, litigants must also frontload (i) a list and copies of documents to be relied on at the trial, (ii) a list of non-documentary exhibits, and (iii) a list of witnesses to be called at the trial
Pursuant to filing a writ, the plaintiff may submit an ex-parte application for a warrant of arrest, provided the vessel is within Nigerian territorial waters or anticipated to arrive within three days.
Pursuant to the Rules, the following provisions are applicable to such applications: (a) 24-hour timeline for hearing and determination (where feasible); (b) Flexibility for physical or virtual hearings and (c) Hearings can take place on any day, including Sundays and public holidays. This expedited process facilitates timely intervention to prevent the vessel’s departure and safeguard the plaintiff’s claim.
However, the plaintiff is obligated to search the caveat register prior to arrest, Non-compliance may render them liable for unlawful arrest, the objective is to verify the existence of a caveat against arrest pertaining to the ship or property in question. A warrant of arrest will only be issued upon the filing of an affidavit, sworn to by the applicant or their authorized agent, providing the requisite particulars. Concomitantly, the Rules requires the Admiralty Registry to issue a report of the outcome of any party’s search of the caveat against arrest register as in Form 8A (Report of Search of Caveat Against Arrest Register).
The arrest of a ship is contingent upon:
1. The absence of a caveat against arrest; or
2. The court’s discretion to grant the Detention Procedure warrant despite an existing caveat.
Upon grant of an application for arrest and issuance of a warrant of arrest, the Admiralty Marshal or deputy executes it, and the vessel remains under detention until released by court order or sold. The warrant’s validity spans six months, renewable for an additional six months. This underscores the court’s authority to regulate admiralty proceedings’ timeline, preventing abuse and ensuring the arrest mechanism’s purpose i.e. securing maritime claims. Upon arrest, the court via the sheriff assumes possession of the vessel, divesting the owner of control.
How to Secure the Release of an Arrested Vessel
Pursuant to Nigerian law and the Admiralty Jurisdiction Procedure Rules (AJPR), the arrest of a ship constitutes an interlocutory step, it is not a final determination of parties’ rights. The owner or interested parties may apply for vessel release upon providing sufficient security, specifically:
Please note that the bail amount should be adequate to cover the Plaintiff’s claim, accrued interest, and litigation costs
Upon grant of an order of release by the Court, the vessel is released, the owners take control and litigation proceeds with the security as potential judgment satisfaction.
Conclusion
Understanding the legal framework for vessel arrest and detention in Nigeria is crucial for maritime stakeholders. Effective navigation of these regulations ensures compliance, minimizes disputes, and facilitates smooth maritime operations.
___________________________________________________
Mobil Prod. (Nig.) Unltd v Ayeni (2010) 4NWLR (PT 1185) 586
Section 251 (1g) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended)
See also Section 1 of the AJA LFN 2004
This documentation is additionally required to be frontloaded for an action in personam initiated via Writ of summons
Order 3, Rules 3 (1) and 4 (1) of the AJPR 2023
The Vessel MV Sirius- B v. MSSCI Ltd (2017) 10 NWLR (Pt. 1572) 135
Order 7 Rule 1(1), AJPR 2023
Order 7, Rule 1 (6) of the AJPR 2023
Order 7, Rule 1(8) of the AJPR 2023
Order 10 Rule 5(1)(b), AJPR 2023
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
By Deborah Ogedengbe for Adeola Oyinlade & Co
Adeola Oyinlade & Co.; a leading full-service law firm in Nigeria provides help and offers advisory to both local and foreign clients on Shipping and Admiralty matters in Nigeria.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Mobile: +234 803 826 7683 / +234 802 686 0247
The Application for the registration or renewal of registration of all Medical Devices products required for each single medical device, medical device group, medical device family or medical device system should be submitted and processed on the NAFDAC Automated Product Administration and Monitoring System (NAPAMS) portal.
It is very important to state that a separate application form shall be submitted for each product.
The following documents are required to be uploaded on the NAPAMS portal. After successful submission, all original documents listed below will be presented upon request:
Technical Documents
The manufacturer is required to attest that its medical device complies fully with all applicable Essential Principles for Safety and Performance as documented in a written “Declaration of Conformity” (DOC). At a minimum, this declaration should contain the following information:
a. A statement that each device that is the subject of the declaration‒ complies with the applicable Essential Principles for Safety and Performance, has been classified according to the classification rules, and, has met all the applicable conformity assessment elements.
b. A Global Medical Device code and term for the device(s).
c. Date from which the Declaration of Conformity is valid.
d. Name and address of the device manufacturer; and,
e. The name, position, and signature of the responsible person who has been authorized to complete the Declaration of Conformity on behalf of the manufacturer.
Note: All technical documents must be submitted in electronic format e.g., Flash drive
GMP Inspection
It is advisable that the applicant should visit the Drug Evaluation and Research (DER) Directorate section of the Agency’s website for more Information on the Inspection of manufacturing facility (for both imported and locally manufactured medical devices)
Import Permit (for imported medical devices)
Upon successful screening of documentation and review of supporting documents, a Permit to Import shall be issued electronically via the NAPAMS Portal to the applicant for the importation of Registration samples for Laboratory testing.
Submission of Products for Laboratory Analysis
Upon importation of Registration Samples (for imported medical devices), applicants are expected to submit same to the division for onward submission to the Laboratory for analysis. The following documents are expected to accompany the samples.
While registration samples for locally manufactured medical devices will be drawn by Drug Evaluation and Research (DER) Directorate.
Product Approval meeting
Upon satisfactory Documentation review, GMP inspection of the production facility and laboratory analysis of product (where applicable), products are presented for the Food and Drug Registration Committee (FDRC) Approval Meetings.
Issuance of Notification
For products approved at the meeting, an electronic Certificate of Product Registration is issued to the Applicant.
Labelling Guidelines for Imported Medical Devices
Labelling should be informative, accurate and in conformance with the Agency’s Medical Devices, invitro diagnostic and other related products Labelling Regulations and any other relevant Regulations.
All imported and locally manufactured medical devices should bear the following minimum information on the label:
accordance with (a-k) above, the directions for use shall accompany the device but need not be set out on the outside of the package or be visible under normal conditions of sell.
Failure to comply with the above listed requirements may result in the rejection of the application or lead to considerable delay in the processing of registration. This is why it is very important to appoint a well experienced Attorney when registering your product with NAFDAC in Nigeria.
Kindly note the following:
In order to conclude the registration of the product within a reasonable time, it is advisable that applicants provide all the necessary documents promptly and also in the specified form. One of the factors that delay the registration process is the manufacturer’s inability to provide the correct documents on time. All the documents listed above must be submitted at the time of making the application for registration. Most importantly, please note that NAFDAC will only accept documents in English language.
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
By Adeola Oyinlade & Co.
Adeola Oyinlade & Co.; a leading full-service law firm in Nigeria provides help and offers advisory to both local and foreign clients on products registration with NAFDAC in Nigeria.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Mobile: +234 803 826 7683 / +234 802 686 0247
What are the principal legislations regulating trademarks in Nigeria?
The following laws are the relevant pieces of trade mark legislation in Nigeria:
What can be registered as a trademark in Nigeria?
Section 67 provides for a device, brand, heading, label, ticket, name, signature, word, letter, colour mark, numeral, the shape of goods, their packaging, or the combination of colours may be registered as a trade mark in Nigeria. Three-dimensional marks are also eligible for trade mark protection.
What are not registerable as trademarks in Nigeria?
Marks or Designs that are unlawful or contravene public policy, deceptive or scandalous marks that are likely to cause confusion, names of chemical substances, similar or identical marks or designs, geographical names in their ordinary signification are not registrable as trademarks in Nigeria. See sections 11, 12, 13 and 18 of the act precludes trademark registration fraudulently obtained, file in bad faith and a mark filed by a person not being the true proprietor.
What information is required to register a trademark in Nigeria?
The following documents and information are required for Trademark registration in Nigeria:
What is the procedure for Trademark registration in Nigeria?
On what grounds can a trademark application be opposed in Nigeria?
Any person may oppose a trademark in registration Nigeria on any of the following grounds:
What is the Trademark opposition procedure in Nigeria?
Any person (individual or corporate body) irrespective of proprietary interest, who believes that a trade mark application before the Trademarks Registry should not be granted may file an opposition to the registration in accordance with the following procedure:
Is multi-class filing applicable in Nigeria?
No. Applicant can only file a per class as Nigeria adopts a single-class filing system. Where a trademark is intended to cover multiple classes, applicant is required to file per class of interest separately.
Are trademark rights enforceable in Nigerian courts?
Trademark rights are enforceable in Nigerian courts. The owner of a registered trademark in Nigeria may decide to enforce right of exclusive use of the mark by instituting action before the Federal High Court of Nigeria and seek injunctive relief to restrain and stop future violations of the registered trademark. See Ayman Enterprises Ltd v Akuma Ind Ltd & Ors (2003) LPELR-683 (SC).
As held in Gallaher Ltd & Anor v BAT (Nig) Ltd & Ors (2014) LPELR-24333 (CA), a proprietor may seek injunctive relief to stop, on an urgent basis, the continuing violation of a registered trademark pending the hearing and determination of a suit for the enforcement of trademark rights in Nigeria.
What is the term granted by Trademark registration in Nigeria?
The initial registration of a trademark in Nigeria is valid for seven years from the date of application. Thereafter, it is perpetually renewed every 14 years.
How is trademark renewed in Nigeria?
Trademark renewal application is made to the Registrar through the appropriate form along with the prescribed fees and the certificate of registration or the certificate of last renewal, as applicable.
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
By Adeola Oyinlade & Co.
Adeola Oyinlade & Co.; a leading full-service law firm in Nigeria provides help and offers advisory to both local and foreign clients on intellectual property in Nigeria.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Mobile: +234 803 826 7683 / +234 802 686 0247
Company registration in Nigeria in certain industries and economic sectors are govern by statues and other regulations in force that stipulate a minimum share capital threshold before a company can be successfully registered in Nigeria and commence business operation.
Having substantial share capital indicates that the company is viable, can raise additional funds if required, instill confidence in potential investors and lenders as many of these industries are highly regulated and require the investment of large sums of money.
The list below are various industries and their required minimum share capital before they can be successfully registered with Corporate Affairs Commission (CAC) in Nigeria.
However, it should be noted that the minimum share capital threshold for company registration in Nigeria with foreign participation is N100 million Naira. A person seeking to set up a business in Nigeria may seek experienced corporate law experts’ guide on how to successfully register a company in Nigeria.
| SN | TYPE OF COMPANY | MINIMUM SHARE CAPITAL (N) | JUSTIFICATION |
|---|---|---|---|
| 1 | ISSUING HOUSE | 200 Million | Securities and Exchange Commission Guidelines on New Minimum Share Capital for Market Operators |
| 2 | BROKER/DEALER | 300Million | |
| 3 | TRUSTEE | 300 Million | |
| 4 | FUND/PORTFOLIO MANAGER | 150 Million | |
| 5 | STOCK BROKER | 200 Million | |
| 6 | STOCK DEALER | 100 Million | |
| 7 | CORPORATE INVESTMENT ADVISER (REGISTRAR) | 150 Million | |
| 8 | CORPORATE INVESTMENT ADVISER | 5 Million | |
| 9 | INDIVIDUAL INVESTMENT ADVISER | 2 Million | |
| 10 | MARKET MAKER | 2 Billion | |
| 11 | CONSULTANT (PARTNERSHIP) | 2 Million | |
| 12 | CONSULTANT (INDIVIDUAL) | 500,000 | |
| 13 | CONSULTANT (CORPORATE) | 5 Million | |
| 14 | UNDERWRITER | 200 Million | |
| 15 | VENTURE CAPITAL MANAGER | 20 Million | |
| 16 | COMMODITIES BROKER | 40 Million | |
| 17 | CAPITAL TRADE POINT | 20 Million | |
| 18 | RATING AGENCY | 150 Million | |
| 19 | CORPORATE/SUB BROKER | 5 Million | |
| 20 | ASSET MANAGEMENT (INTANGIBLE ASSETS) | 300 Million | |
| 21 | COMMERCIAL BANK WITH REGIONAL AUTHORIZATION | 10 Billion | CBN Scope and Standards Commercial Regulations 2020 |
| 22 | COMMERCIAL BANK WITH NATIONAL AUTHORIZATION | 25 Billion | |
| 23 | COMMERCIAL BANK WITH INTERNATIONAL AUTHORIZATION | 50 Billion | |
| 24 | MERCHANT BANK | 15 Billion | CBN Scope, Condition and Minimum Standard for Merchant Banks Regulation 2, 2010 |
| 25 | PAYMENT SOLUTION SERVICES (PSS) (As permissible under Super Agent, PTS and PSSP (combined)) | 250 Million | CBN Guidelines on licensing Framework/ Categorization for the Nigerian Payment System 2020 |
| 26 | SUPER AGENT (Agent Recruitment Management and other activities as specified in the Regulatory Framework for Licensing Super Agents in Nigeria | 50 Million | |
| 27 | PAYMENT TERMINAL SERVICE PROVIDER (PTSP) (POS Terminal Deployment and Services, POS Terminal Ownership, PTAD, Merchant/Agent Training and Support) | 100 Million | |
| 28 | PAYMENT SOLUTIONS SERVICE PROVIDER (PSSP) (Payment Processing Gateway and Portal, Payment Solution/Application Development, Merchant Service Aggregation and Collection) | 100 Million | |
| 29 | MOBILE MONEY OPERATION (E-Money Issuing, Wallet Creation and Management, Pool Account Management activities as permissible under Super Agent) | 2 Billion | |
| 30 | SWITCHING AND PROCESSING (Switching, Card Processing Transaction, Clearing and Settlement Agent Services, Non-bank Acquiring Services activities as permissible under Super Agent, PTSP and PSSP) | 2 Billion | |
| 31 | UNIT MICRO FINANCE BANK (TIER 1) | Tier 1: 200 Million | CBN Regulations |
| 32 | UNIT MICRO FINANCE BANK (TIER 2) | Tier 2: 50 Million | |
| 33 | MICRO FINANCE BANK (STATE & FCT) | 1 Billion | |
| 34 | MICRO FINANCE BANK (NATIONAL) | 5 Billion | |
| 35 | PRIMARY MORTGAGE INSTITUTION | 2 Billion | |
| 36 | FINANCE COMPANY | 20 Million | |
| 37 | BUREAU DE CHANGE | 35 Million | |
| 38 | NON-INTEREST BANK (REGIONAL) | 5 Billion | |
| 39 | NON INTEREST BANK (NATIONAL) | 10 Billion | |
| 40 | INSURANCE BROKER | 5 Million | Nigerian Council of Registered Insurance Brokers Act, 2003 |
| 41 | LIFE INSURANCE | 8 Billion | National Insurance Commission Revised Regulations 2019 |
| 42 | GENERAL INSURANCE | 10 Billion | |
| 43 | COMPOSITE INSURANCE | 18 Billion | |
| 42 | GENERAL INSURANCE | 10 Billion | |
| 43 | COMPOSITE INSURANCE | 18 Billion | |
| 44 | RE-INSURANCE | 20 Billion | |
| 45 | UNIT MICROINSURER | 40 Million | Guidelines for Micro-insurance Operation in Nigeria 2018 |
| 46 | STATE MICROINSURER | 100 Million | Guidelines for Microinsurance Operation in Nigeria 2018 |
| 47 | NATIONAL MICROINSURER | 600 Million | Guidelines for Microinsurance Operation in Nigeria 2018 |
| 48 | TAKAFUL INSURANCE (GENERAL AND FAMILY TAKAFUL) | 200 Million | National Insurance Commission Regulations |
| 49 | PRIVATE SECURITY COMPANY/CONSULTANT | 10 Million | Guideline on Requirements for Registration of Private Guard Security Companies made Pursuant to Nigerian Security and Civil Defence Corp Act No. 2 of 2003 |
| 50 | PENSION FUND/ASSET CUSTODIAN | 2 Billion | National Pensions Commission Requirements for Licensing of Pension Fund Custodians (FEB 2005); National Pensions Commission Revised Minimum Share Capital Requirement for Licensed Pension Fund Administrators (April 2021); |
| 51 | CLOSED PENSION FUND | 500 Million | |
| 52 | PENSION FUND ADMINISTRATOR | 5 Billion | |
| 53 | LOTTERY | 5 Million | Section 2 (1), National Lotteries (Amendment) Regulation, 2007 |
| 54 | SPORTS LOTTERY | 30 Million | National Lottery Commission Circular |
| 55 | AIR TRANSPORT (INTERNATIONAL) | 2 Billion | Nigerian Civil Aviation Authority |
| 56 | AIR TRANSPORT (REGIONAL) | 1 Billion | |
| 57 | AIR TRANSPORT (LOCAL) | 500 Million | |
| 58 | AIR AMBULANCE/FUMIGATION/ PRIVATE JET | 20 Million | |
| 59 | AVIATION (GROUND HANDLING SERVICES) | 500 Million | |
| 60 | AVIATION (AIR TRANSPORT TRAINING INSTITUTIONS) | 2 Million | |
| 61 | AGENTS OF FOREIGN AIRLINES | 1 Million | |
| 62 | TRAVEL/TOURS | 30 Million | International Air Travel Agency (IATA) |
| 63 | AGRICULTURAL SEEDS, PRODUCTIONS, PROCESSING, MARKETING | 10 Million | NASA Cap 5, LFN, 2004 |
| 64 | SHIPPING COMPANY/AGENT | 25 Million | NIMASA Guidelines for Registration |
| 65 | CABOTAGE TRADE | 25 Million | |
| 66 | LIFE MICRO-INSURANCE | 150 Million | Guideline for Micro-Finance Operations in Nigeria (NAICOM), December, 2013 |
| 67 | GENERAL MICRO-INSURANCE | 200 Million | Guideline for Micro-Finance Operations in Nigeria (NAICOM), December, 2013 |
| 68 | FREIGTH FORWARDING | 5 Million | Registration of Freight Forwarding Regulation 2010 |
| 69 | PAYMENT SERVICE BANK | 5 Billion | |
| 70 | HEALTH MAINTENANCE ORGANIZATION (HMO)(NATIONAL) | 400 Million (Paid up) | National Health Insurance Scheme HMO Accreditation Guidelines |
| 71 | HEALTH MAINTENANCE ORGANIZATION (HMO)(REGIONAL) | 200 Million(Paid up) | |
| 72 | HEALTH MAINTENANCE ORGANIZATION (HMO)(STATE) | 100 Million (Paid up) |
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
By Adeola Oyinlade & Co.
Adeola Oyinlade & Co.; a leading full-service law firm in Nigeria provides help and offers advisory to both local and foreign clients on company registration, corporate and commercial law in Nigeria.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Mobile: +234 803 826 7683 / +234 802 686 0247
Labour law is a set of rules that govern the relationship between the government, employers, employees, and trade unions. Labour law establishes minimum employment standards, promote good labor relations, and provide procedures for managing labour related issues.
Nigerian labour law looks into the rights, working conditions, minimum wage, termination clauses, and many other rules set by the government of Nigeria. The current version of the act was put into place in the year 2004.
Leading labour law firms across different jurisdiction of the world have had to respond to plethora of legal issues around labour and employment in which Nigeria is not an exception.
Below are some legal common questions and responses that can serve as a guide for employers and employee in Nigeria:
The Nigeria employment law protects two broad categories of workers namely workers and Employees- The former are employees who perform manual labor or clerical work, such as casual, contract, or part-time workers. They are protected by basic labor protections under the Labour Act, but may not receive the same benefits as employees. While the latter are those who perform administrative, executive, technical, or professional functions, such as full-time managers, engineers, and lawyers. They are typically covered by formal employment contracts and receive more extensive benefits than workers.
The factors which distinguish them are as follows–
In Nigeria, contracts of employment could be oral or written, implied or express. Contracts of employment do not necessarily have to be in writing, but it is highly recommended to have a written contract to avoid disputes and clarify terms. While not mandatory, the Labour Act encourages employers to provide written contracts, especially for Contracts exceeding 3 months
Yes, Nigerian law implies certain terms into contracts of employment, even if not explicitly stated. Example is the duty of the Employer to provide necessary tools and equipment for use in the course of the employee’s work etc.
Yes, Nigerian law sets minimum employment terms and conditions that employers must observe. The Regulatory law like Labour Act LFN 2004, National Minimum Wage Act (2019), Employees Compensation Act (2010), Pension Reform Act (2014), Factories Act (1974) through regulatory bodies such like the Federal Ministry of Labour and Employment, National Industrial Court and Nigeria Labour Congress (NLC) provides these terms and conditions which includes – Minimum Wage, Working Hours, Leave (Annual Sick, Maternity, Paternity), Overtime, Notice Period, Termination (like Unfair dismissal, Severance pay), Health and Safety (Safe working conditions , Compensation for work-related injuries), Equality and Non-Discrimination, pension etc
Yes, employers can require employees to split their working time between home and the workplace on a hybrid basis, but they must consider the following: Employment contracts, Mutual agreement between Employer and Employee, Implementation of measures to safeguard company data and confidentiality. Etc
In Nigeria, Employees do not have an automatic right to work from home, it is at discretion of the Employer. However, the COVID-19 pandemic accelerated the adoption of remote work, transforming the way we work and live.
The principle of law is that an employee who has submitted his resignation letter cannot be sacked by his employer, it was enunciated in the case of United Bank of Nigeria v. Bako N. Chori (2021) LPELR-55720 (CA), neither can you submit a resignation letter after you have been sacked. Basically, it also echoes the latin maxim “that you cannot put something on nothing and expect it to stand”
In Nigeria, employers can generally terminate employment without stating a reason, as long as they give the employee proper notice or pay them instead of giving notice. Also, an employer must pay the employee any remaining benefits, including any owed salary for the time such an employee has already worked.
YES, it stipulates that upon presentation of a medical document, women are entitled to 12 weeks’ maternity leave and during that period she is entitled to be paid not less than 50% of the salary she would have earned if not for her absence. Any employer who contravenes this provision shall be guilty of an offence and he/she is liable to be convicted.
Although there is no statutory paternity leave for men. However, male Federal Civil Service workers have gained access to a 14-day paternity leave, granted by the Federal Government of Nigeria. Male staff members of certain state governments, such as the states of Enugu and Lagos, are also eligible for paternity leave.
In Enugu State, paternity leave lasts for 3 weeks, however in Lagos State, it lasts for 2 weeks and is only applicable to the employee’s first 2 children.
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
Written by Deborah Ogedengbe and Adeola Austin Oyinlade for Adeola Oyinlade & Co.
Adeola Oyinlade & Co.; a leading full-service law firm in Nigeria provides help and offers advisory to both local and foreign clients on employment and labour law in Nigeria.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Mobile: +234 803 826 7683 / +234 802 686 0247
Land ownership?
Land ownership refers to the legal right to possess, use, and manage land. It is the state of having legal title to land, allowing the owner to control its use and derive benefits from it. This includes the right to sell, lease, or develop the land as per applicable laws.
How is land ownership transferred in Nigeria?
Ownership of land in Nigeria can be transferred through several methods, each with its own legal implications and procedures. The primary methods include:
This is the most common method of transferring land ownership. It involves a contractual agreement between the seller (vendor) and the buyer (purchaser), where ownership rights are exchanged for monetary compensation. The process typically includes:
Land can also be transferred as a gift, which involves no monetary exchange. Key points include:
This less common method involves two parties swapping ownership of their respective properties. The process requires:
In a mortgage arrangement, land is used as collateral for a loan. There are two types:
When a property owner dies, land ownership can be transferred through probate, where assets are distributed according to a will or letters of administration in intestacy laws. The heirs or beneficiaries must get the deed of assent, which is the legal instrument that transfers the inherited property.
The legal steps for transferring land ownership in Nigeria.
Before land title can be transferred from a person to another, there are essential legal steps required. They are as provided below:
Step 1: Conduct due diligence to verify the Land title.
Before transferring land ownership, the prospective buyer must ensure that the seller has a proper title to the land and should be able to do as follow:
Step 2: Obtain the Governor’s Consent
According to the Land Use Act of 1978, all land in Nigeria is vested in the governor of each state, who holds it in trust for the benefit of the people. To transfer land ownership, the governor’s assent is required. The transfer of land ownership is not legally binding unless the governor gives his assent. Section 22 of the Land Use Act states unequivocally that any transfer of land without the governor’s consent is null and invalid.
To obtain the governor’s assent, the buyer and seller must first apply. This application requires the submission of papers such as the Deed of Assignment, Certificate of Occupancy, and proof of payment of applicable fees. Obtaining the governor’s consent usually takes 30-90 days but can vary by state.
Step 3: Execute Deed of Assignment
The Deed of Assignment is the legal document that conveys ownership from the seller to the buyer. It must be drafted by a lawyer and explicitly identify the persons involved, the property being transferred, and the terms of the sale.
Step 4: Pay the Stamp Duties and Registration Fees
The buyer must pay stamp duties once the Deed of Assignment has been executed. Stamp duties are a type of tax levied against documents. This responsibility is essential in Nigeria in order for the Assignment Deed to be legally binding.
Step 5: Registering the Property Transfer
To finalise the transfer, register the new title at the relevant land registry office. This step legally records the change in ownership and protects the rights of the new owner.
Step 6: Conduct the last search.
Before completing the transfer, make a final search at the Land Registry to ensure that the Deed of Assignment is legally registered. This stage verifies the buyer’s legal ownership of the land.
Step 7: Issuance of New Title Deed: Get a new certificate of occupancy (C of O)
Once registered, a new title deed reflecting the buyer’s ownership will be issued. This document serves as proof of ownership for future transactions or legal purposes. In certain cases, the buyer may need to get a new Certificate of Occupancy. This stage is usually required when there has been a big change in ownership, such as the transfer or sale of a large estate.
The required documentation for transferring land ownership in Nigeria?
Is it possible to transfer land in Nigeria without the governor’s consent?
No. According to the Land Use Act of 1978, any land transfer made without the governor’s consent is ruled unlawful.
How to prevent real estate fraud during land deals in Nigeria
A buyer must do a thorough title check at the Land Registry, confirm the validity of the seller’s documents, and appoint a knowledgeable legal practitioner to execute the transaction.
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstance.
Written by Samuel Anwe and Adeola Austin Oyinlade for Adeola Oyinlade & Co.
Adeola Oyinlade & Co.; a leading full-service law firm in Nigeria provides help and offers advisory to both local and foreign clients on land and real estate in Nigeria.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Mobile: +234 803 826 7683 / +234 802 686 0247
INTRODUCTION:
Establishing a holding company, consortium, or group of companies in Nigeria involves navigating specific legal frameworks set out by the Companies and Allied Matters Act (CAMA) 2020. Each structure serves distinct purposes, and understanding the requirements and procedures is essential for compliance and operational success.
SETTING UP A HOLDING COMPANY
Definition of a Holding Company
A holding company, as defined in the Companies and Allied Matters Act (CAMA) 2020, is a parent company that holds more than 50% of the shares in another business, known as a subsidiary. A holding company’s primary goal is to control and manage its subsidiaries’ affairs without becoming engaged in their day-to-day operations. This structure allows the holding company to acquire equity in other companies, which varies from just acquiring stock in that it involves ownership even if the subsidiary does not issue shares.
Benefits of Holding Companies
Procedure for Forming a Holding Company
Step 1: Choose a Company Name
Step 2: Obtain Consent for Name
Step 3: Prepare Required Documentation
Step 4: File with CAC
Step 5: Obtain Certificate of Incorporation
Step 6: Register with Tax Authorities
Step 7: Compliance and Reporting
SETTING UP A CONSORTIUM
Definition of a Consortium
Consortium is a combination of different companies formed to undertake a specific enterprise or project that exceeds the resources of any single member. Each member retains its independence while contributing to the consortium’s objectives, which are typically outlined in a consortium agreement.
Benefits of consortium
Procedure for Forming a Consortium
Step 1: Define the Consortium Objectives
Step 2: Choose Consortium Members
Step 3: Prepare Required Documentation
Step 4: Obtain Consent from CAC
Step 5: Evidence of Registration
Step 6: Statutory Declaration
Step 7: Submit Application to CAC
Step 8: Obtain Certificate of Registration
Step 9: Compliance and Reporting
SETTING UP GROUP OF COMPANIES
Definition of Group of Companies
A group of companies is defined as a collection of three or more associated companies that share common shareholders or ownership. These companies operate under a single umbrella, typically with one company acting as the parent or holding company, which manages the affairs of its subsidiaries. Each company within the group operates as a separate legal entity, but they are connected through ownership and control by the parent company. The parent company does not engage in direct business operations but holds shares and assets in its subsidiaries, thereby controlling them.
Benefits of group of Companies
Procedure for Forming a Group of Companies
Step 1: Define the Structure
Step 2: Obtain Consent for Name
Step 3: Prepare Required Documentation
Step 4: Ensure Compliance
Step 5: Submit Application to CAC
Step 6: Obtain Certificate of Registration
Step 7: Register with Tax Authorities
Step 8: Compliance and Reporting
CONCLUSION
Setting up a holding company, consortium, or group of companies in Nigeria requires careful planning and adherence to legal requirements set forth by CAMA. Each structure serves distinct purposes—holding companies focus on asset management and control, consortia facilitate collaboration for specific projects, and groups enhance operational efficiency through shared ownership. It is essential to engage legal professionals to navigate the complexities of incorporation and ensure compliance with all regulatory requirements.
By Adeola Oyinlade & Co.
Adeola Oyinlade & Co.; a top corporate and commercial law firm in Nigeria provides help and offers advisory to both local and foreign clients on company formation and operational related matters in Nigeria.
To see our service offerings, please contact us at [email protected] or visit www.adeolaoyinlade.com
Mobile: +234 803 826 7683 / +234 802 686 0247
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