Introduction

All pharmaceutical products must be registered with NAFDAC before they can be manufactured, imported, exported, advertised, sold, distributed, or used in Nigeria. Registration must be in accordance with the NAFDAC Act, related legislation, and the applicable guidelines.

The NAFDAC registration process guarantees that all drug products, whether for human or veterinary use, meet stringent regulations and are safe for consumption in Nigeria. This Article outlines the steps to successfully register your products with NAFDAC.

 

Step 1: Complete the NAFDAC Online Registration Form

To initiate the registration process, the applicant shall purchase, fill out, and print the online registration form available on the NAFDAC website and ensure that the following required information:

  1. Manufacturer Information: Company name, Factory address, contact details and Airport proximity (for imported products)
  2. Company Tax Identification Number (for Nigerian companies)
  3. Applicant Details: Qualifications, Job title and Warehouse address
  4. Drug Product Information: Product specifics, Number of drug products and Key staff involved

Please Note:

– Each drug product requires a separate registration form.

– For imported drugs, a dossier of the product must be submitted for preliminary screening.

 

Step 2: Gather Required Documents

Compile the following documents to support your application:

  1. Address the application letter to: The Director-General, NAFDAC BUT Attention: The Director, Drugs Registration and Regulatory Affairs Directorate (This ensures that your application reaches the correct department and personnel within NAFDAC, facilitating a smoother registration process)

 

  1. Certificate of Incorporation: Obtained from the Corporate Affairs Commission in Nigeria.

 

  1. Power of Attorney (POA): Notarized in the country of manufacture for foreign companies, confirming brand ownership.

 

  1. Trademark Certificate: Registered under Class 5 for pharmaceuticals, covering the drug’s brand name or trademark.

 

  1. Superintendent Pharmacist License: This is required for both human and veterinary drugs.

 

  1. Current Good Manufacturing Practice (GMP) Certificate: Mandatory for local production lines.

 

  1. Product Label Artwork: Must adhere to NAFDAC’s labeling requirements.

 

Step 3: Facility Inspection and Compliance Assessment

NAFDAC will conduct a facility inspection to ensure compliance with Good Manufacturing Practice (GMP) standards. Applicants must provide advance notice and submit details, including the factory’s address and product information.

 

Step 4: Label Review and Approval

NAFDAC will review product labels to ensure they meet regulatory standards. Once approved, a permit will be issued for importing registration samples, applicable to imported drugs.

 

Step 5: Laboratory Testing and Quality Verification

Submit product samples along with evidence of payment of processing fee, Certificate of Analysis and a copy of permit to import registration samples for laboratory testing. This step verifies the product’s quality and ensures safety standards are met.

 

Step 6: Final Registration Approval and Certificate Issuance

After successful document review, facility inspection, and laboratory testing, NAFDAC’s Food and Drug Registration Committee (FDRC) will issue a unique registration number and a Certificate of Product Registration. This Certification enables importers to bring their products into Nigeria in large quantities. To avoid importation delays, it is essential that all imported products are properly labeled.

The Certificate of Registration is valid for five years and is renewable upon expiration.

 

NAFDAC Labeling Requirements for Drug Products

Drug product labels must be in English and include the following essential information:

  1. Product Name: Both brand and generic names.
  2. Manufacturer Information: Name and Full address.
  3. NAFDAC Registration Number: To be included once issued.
  4. Batch, Manufacturing, and Expiry Dates
  5. Dosage and Usage Instructions: For Over the Counter (OTC) drugs.
  6. Patient Information Leaflet (PIL)
  7. Prescribing Information: For prescription-only medicines.
  8. Net Content and Active Ingredients
  9. Warnings and Storage Conditions: Critical for ensuring safety
  10. Veterinary Drug Withdrawal Period.

 

Clinical Trials for New Drugs

For new drugs, NAFDAC mandates clinical trials to demonstrate safety and efficacy. Clinical Trials are therefore, necessary for testing or studying a drug or medical device to see if it is a safe and effective treatment for people, usually following clinical research. NAFDAC has strict rules that govern how clinical trials are conducted. These rules are designed to ensure the safety of those who participate.

What Documents are Needed for Clinical Trials in Nigeria?

  1. Clinical Trial Application Form (CTAF): This must be filled and submitted online and is available on the NAFDAC website.
  2. Study Protocol showing the detailed plan of the clinical trial.
  3. Informed Consent Form (ICF): A document that explains the trial to participants and obtains their consent.
  4. Patient Information Leaflet (PIL): Information for participants about the study.
  5. Investigator’s Brochure (IB): Contains relevant clinical and non-clinical data on the investigational product.
  6. Evidence of Agreement: Between the sponsor and the investigator.
  7. Ethics Committee Approval: From accredited institutions and a list of committee members.
  8. Investigator’s Curriculum Vitae (CV) and evidence of Good Clinical Practice (GCP) training.
  9. Insurance Cover: For participants.
  10. Data Safety Monitoring Board (DSMB) details and financial disclosures.

 

Step 7

Following a successful laboratory analysis of the products, the Food and Drug Registration Committee (FDRC) will review the dossier, GMP inspection results, and laboratory analysis. Upon approval, an electronic Certificate of Product Registration or Listing is issued. A Certificate of Product Registration is valid for 5 years and renewable subsequently.

 

How Much Does It Cost to Register Drugs or Pharmaceutical Products in Nigeria?

Below is a breakdown of the government Charges applicable for product registration:

  1. Facility Inspection (Per Line for Local Facilities) –
  2. Pre-Production: Small Scale N50,000.00
  3. Pre-Production: Medium/Large Scale N70,000.00
  4. Production: Medium/Large Scale (Renewable yearly) N170,000.00

Per Site for Foreign — $10,989.01

  1. Port Inspections
  2. Donated Drugs – N37,500.00
  3. Registered Orphan Drugs/Antiretrovirals/ Vaccines – N13,500.00
  4. Registered Over the Counter Drugs – N148,500.00
  5. Registered Prescription Only Medicines – N40,000
  6. Application Form – N2500.00
  7. Clinical Trials
  8. Application Fee
  9. Industry Sponsored/Locally-developed IMP – N250,000.00
  10. Industry Sponsored/Imported IMP — $1923.00
  11. Academic Trials (Individual Self-Funded/local) – N50,000.00

(Institutional Grant Aided) – N300,000.00

  1. Extension of Study (Locally Developed IMP) – N350,000.00

(Imported IMP) – $2,747.25

(Academic Trials) – N20,000.00

  1. Inspections
  2. Institutional Grant Aided (Academic Trials) – N300,000.00
  3. Additional Site (Locally developed IMP) – N150,000.00

(Imported IMP) — $415.00

(Academic Trials) – N150,000.0

 

NAFDAC Registration: Essential Steps and Recommendations

To ensure a successful NAFDAC registration, keep the following key takeaways and actions in mind:

  1. Accuracy Matters: Ensure all submitted documents are up-to-date, accurate, and meet NAFDAC’s standards.
  2. Plan Ahead: Factor in NAFDAC’s estimated 6–12-month registration timeline.
  3. Clinical Trials: Allocate an additional 2-3 months for clinical trial approvals for new drugs.
  4. Compliance is Key: Avoid common misconceptions, such as assuming local facilities are exempt from inspections or neglecting label standards.

By following these guidelines and adhering to NAFDAC’s requirements, you can successfully register your pharmaceutical product and enter the Nigerian market.

Key Takeaways and Actions for NAFDAC Registration

Registering a pharmaceutical product with NAFDAC requires careful planning and adherence to regulations. To ensure a smooth process, consider the following recommendations:

  1. Ensure Document Accuracy: Verify that all submitted documents are up-to-date, accurate, and meet NAFDAC’s standards.
  2. Plan for Timely Application: Factor in NAFDAC’s estimated 6-12 month registration timeline.
  3. Allow Time for Clinical Trials: For new drugs, allocate an additional 2-3 months for clinical trial approvals.

 

Common Misconceptions to Avoid

  1. Local Facility Exemption: All manufacturers, local or foreign, are subject to NAFDAC’s facility inspections.
  2. Neglecting Label Standards: Ensure drug labels meet NAFDAC’s strict requirements, including accurate product information and storage instructions.

 

CONCLUSION

By following these guidelines and adhering to NAFDAC’s requirements, you can successfully register your pharmaceutical product and enter the Nigerian market.

 

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. is a leading Corporate and Commercial full-service law firm in Nigeria offering advisory services 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

As a leading full-service law firm in Nigeria, we highlight the importance of human rights in everyday life and how respect for human rights can be a force for good.

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-

  1. Fixed Term Tenancy: A tenancy agreement for a specific period, usually 1-3 years.
  2. Periodic Tenancy: A tenancy agreement with no fixed end date, usually month-to-month or year-to-year. This is the most common category of tenancy in Nigeria.
  3. Tenancy at Will: A tenancy agreement where the landlord can terminate the tenancy at any time, usually with short notice.
  4. Tenancy-at-Sufferance- This category of tenancy is created when a tenant holds over the premises beyond the duration or term of his tenancy/lease.
  5. Statutory Tenancy- This category of tenancy is created in favour of a tenant by operation of statute e.g. the Lagos Tenancy Law 2011. Thus, a statutory tenant is an occupier who, after the expiration of contractual lease, retains possession of the demised premises against the wishes of the landlord.

What are the Rights available to a Landlord and Tenants under the Tenancy Law in Nigeria?

Response- For Landlord

  1. Right to Collect Rent:
  2. Right to Terminate the Tenancy with Notice
  3. Right to Repossess Property
  4. Right to Access Property for Maintenance
  5. Right to Lawful Eviction

 Rights of Tenants

  1. Right to Privacy
  2. Right to be issued payment receipt
  3. Right to a Comfortable Living Environment
  4. Right to Proper Notice
  5. Protection against arbitrary rent hikes
  6. Right to Security Deposit Refund
  7. Right to Peaceful Enjoyment
  8. Protection against excessive advance rent demands
  9. Compensation for improvements

 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-

  1. Issue a Notice to Quit- The Tenancy Law requires a minimum one-month notice period for weekly or monthly tenancies and six months’ notice for yearly tenancies
  2. Issue a Seven-Day Owner’s Intention to Recover Possession- If the tenant refuses to vacate the premises after the Notice to Quit expires. This notice informs the tenant that legal action will be taken if they do not vacate within seven days.
  3. Obtain a Court Order for Eviction – If the tenant still refuses to leave after the Seven-Day Notice, the landlord must file a case in court. This is an important step as self-help (i.e., forcibly evicting the tenant without a court order) is illegal and can lead to criminal charges.
  4. Once a Warrant of Possession is granted by the Court- Court bailiffs, will oversee the eviction to ensure it is conducted legally. The landlord should not attempt to evict the tenant without the presence of a court bailiff.

 

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

  1. Oil and Gas

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:

  • Petroleum Mining Lease (PML): This allows disposal and working of crude oil, natural gas, and condensate. It is valid for 20 years.
  • Petroleum Prospecting License (PPL): This is an exclusive license for drilling and exploration activities. The duration varies based on specific operations.
  • Petroleum Exploration License (PEL): This a non-exclusive license valid for 3 years, with a possible renewal for an additional three years
  • Liquefied Petroleum Gas (LPG) License: This is required for businesses that store, distribute, or sell LPG, which is often used in home and commercial cooking.

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:

  • General Purpose Permits: For minor supplies, works, and maintenance services without specialized skills.
  • Major Category Permits: This requires relevant technical skills and covers various job groups such as consultancy, logistics, and aviation support.
  • Specialized Category Permits: For highly technical services like offshore pipeline construction and integrity testing.

 

  1. Banking and Financial Services Licenses

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

  • Commercial Banking License: This allows banks to accept deposits and provide loans.
  • Microfinance Banking License: Targets financial services for low-income individuals and small businesses.
  • Specialized Banking License: This include non-interest banks (Islamic banking), microfinance banks, development banks, and mortgage banks.
  • Non-Interest Banking License: For banks operating on Islamic principles, offering Sharia-compliant products.
  • Merchant Banking License: Focuses on providing financial services to corporations, including advisory and underwriting services.
  • Bureau De Change License: This permits entities to engage in foreign currency exchange activities.
  • Payment Service Solution Provider License: This is required by companies offering digital payment solutions like electronic funds transfer and mobile payments.
  • Mobile Money Operator License: This allows entities to provide mobile money services, facilitating transactions via mobile phones.
  • Securities Trading License: This is essential for individuals and firms wishing to engage in the buying and selling of securities, including stocks, bonds, and other financial instruments.
  • Insurance license: The National Insurance Commission (NAICOM) regulates the issuance of these licenses, ensuring that all insurance providers comply with established standards to protect policyholders and maintain market integrity.

 

  1. Telecommunications and Media 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:

  • Individual License: This license is granted to specific entities to conduct designated activities.
  • Class License: A general license that applies to all entities providing similar services.
  • Unified Access Service License (UASL): A comprehensive license allowing the provision of multiple telecommunication services under one license.
  • Value Added Services (VAS) License: Permits the provision of non-core telecommunications services that enhance standard offerings.
  • Metropolitan Fibre Cable Network License (MFCN): Allows entities to build and operate fibre optic networks within metropolitan areas.
  • National Long Distance Operator (NLDO) License: Authorizes operators to provide long-distance telecommunications services within Nigeria.
  • Frequency License: Required for operators wishing to use specific frequency bands for wireless communications.
  • Automated Vehicle Tracking Service (AVTS) License: For companies offering vehicle tracking solutions using telecommunications technology.
  • Broadcasting License: The National Broadcasting Commission (NBC) issues several categories of broadcasting licenses to entity wishing to operate radio or television stations. These licenses include radio broadcasting license, television broadcasting license, satellite broadcasting license and community radio license.

 

  1. Pharmaceutical and Healthcare Services Licenses

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

  • Pharmaceutical Manufacturing License: This authorises companies to manufacture pharmaceutical products.
  • Pharmaceutical Import License: It allows entities to import pharmaceutical products into Nigeria.
  • Pharmaceutical Distribution License: It permits companies to distribute pharmaceutical products within Nigeria.
  • Retail Pharmacy License: This is required for pharmacies that sell medications directly to consumers.

 

Types of Healthcare Services Licenses

  • Hospital License: This is required for general hospitals providing a range of medical services.
  • Clinic License: It is required for smaller healthcare facilities offering limited services.
  • Laboratory License: Is required for laboratories conducting medical tests or analyses.
  • Medical Device Registration: This ensures that medical devices sold in Nigeria are safe and effective.

 

  1. Real Estate and Construction License

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

  • Real Estate Agent License: This authorises individuals to act as intermediaries in buying, selling, or renting properties.
  • Real Estate Developer License: It is required for firms involved in property development, including residential, commercial, and industrial projects.
  • Construction Company License: Allows firms to undertake construction projects, including residential, commercial, and infrastructure developments.
  • Valuer License: Permits licensed professionals to conduct property valuations for various purposes, including sales, taxation, and insurance.
  • Surveying License: It authorizes professionals to perform land surveys and provide related services.
  • Facility Management License: It is required for firms providing facility management services in real estate properties.
  • Building Permits: Is issued by local or state urban development bodies. Every building project requires this permission to comply with safety regulations.
  • Environmental Impact Assessment (EIA) Permit: Required for projects with potential environmental impact. It is given by the Federal Ministry of Environment.

 

  1. Agriculture 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

  • Farm Registration License: It is required for individuals or entities operating agricultural farms.
  • Seed Production License: This is necessary for companies involved in the production, processing, and marketing of agricultural seeds.
  • Pesticide Registration License: This authorizes the use of pesticides in agricultural practices.
  • Livestock Dealer License: This is required for businesses engaged in buying and selling livestock.
  • Food Processing License: This is necessary for entities engaged in the processing of agricultural products.
  • Agricultural Export License: This is required for exporting agricultural products outside Nigeria.
  • Aquaculture License: Is required for entities engaged in fish farming or aquaculture operations.
  • Organic Certification License: This is required for farms producing organic products that comply with organic farming standards.

 

  1. Food and Beverage

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

  • Food Processing License: Required for entities involved in the processing of food products.
  • Food Permit: This is necessary for restaurants, cafes, and other food establishments before they commence operations.
  • Alcohol License: This is required for businesses that manufacture, import, or sell alcoholic beverages.
  • Retail Food License: It is required for retail outlets selling packaged food products.
  • Catering License: Is required for catering services that prepare food for events or provide meal delivery.
  • Signage Permit: Required for businesses wishing to display outdoor signage.
  • Food Handling Certificate: Workers in the food service industry may require food handling certification to attest to their adherence to safety and hygiene regulations.
  • Health and Hygiene Permit: Local government health authorities require restaurants, catering services, and food handlers to obtain health permits, which guarantee that establishments meet food safety and sanitation standards.

 

 

  1. Tourism and Hospitality
  • Hotel License: This is required for establishments providing lodging services to guests.
  • Restaurant License: Is necessary for establishments that prepare and serve food to customers.
  • Travel Agency License: This license authorises businesses to operate as travel agencies, providing travel-related services such as ticketing, tour packages, and travel consultancy.
  • Tour Operator License: Is required for businesses that organize and conduct tours for tourists.
  • Tourism Promotion License: For entities engaged in promoting tourism activities within Nigeria.
  • Event Center License: This is required for venues hosting events such as weddings, conferences, and parties.
  • Car Hire License: For businesses offering vehicle rental services to tourists.
  • Camping Ground License: This is necessary for facilities that provide camping services to tourists.

 

 

  1. Education 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

  • School Registration License: This is required for primary, secondary, and tertiary educational institutions to operate legally.
  • Teachers Registration License: It is issued by the TRCN to certify that teachers meet the required qualifications to teach in schools.
  • Higher Education Institution License: This is necessary for universities, polytechnics, and colleges of education to operate.
  • Vocational Training License: Required for institutions offering vocational training programs.
  • Distance Learning License: This is required for institutions providing distance education programs.
  • Postgraduate Diploma in Education (PGDE) License: This is necessary for institutions offering postgraduate diploma programs aimed at training educators.
  • Early Childhood Education License: It is required for centers providing early childhood education services.

 

  1. Manufacturing License

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

  • Manufacturing Company Registration: To operate legally, manufacturing entities must register with the Corporate Affairs Commission (CAC) and provide documentation such as a business plan, proof of address, and details of shareholders.
  • Product Registration License: This is necessary for manufacturers producing consumable goods, ensuring that products meet safety and quality standards.
  • Quality Assurance License: This is issued by SON to certify that products meet national quality standards.
  • Food Processing License: This is required for companies involved in food processing activities.
  • Pharmaceutical Manufacturing License: This is specifically for manufacturers producing pharmaceutical products.
  • Chemical Manufacturing License: This is required for companies producing chemical products.
  • Cosmetic Manufacturing License: This is necessary for manufacturers producing cosmetic products.
  • Import/Export License for Manufactured Goods: Businesses involved in importing or exporting manufactured products must obtain necessary permits from relevant authorities depending on the nature of the goods.

 

  1. Entertainment Licenses
  • Entertainment License: This is required for venues that host public entertainment events such as concerts, theater performances, and dance shows.
  • Nightclub License: This is necessary for establishments that operate as nightclubs or bars where patrons can dance and enjoy live or recorded music
  • Theater License: This is required for venues specifically designated for theatrical performances.
  • Film Production License: Individuals or companies engaged in the production of films or video content must obtain approval from the National Film and Video Censors Board (NFVCB), which includes submitting scripts for censorship and ensuring compliance with content regulations.
  • Special Event License: This is needed for organizing temporary events such as festivals, fairs, or outdoor concerts.
  • Live Performance License: This is necessary for venues hosting live music performances or other acts.
  • Amusement Park License: Is necessary for operating amusement parks or entertainment centers with rides and games.

 

  1. Sports Betting 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

  • Sports Betting License: This authorises operators to engage in sports betting activities, allowing them to accept wagers on various sporting events.
  • Promotional Lottery License: This allows operators to conduct promotional lotteries that may include elements of sports betting.
  • Online Sports Betting License: Is specifically for companies wishing to offer sports betting services via online platforms.
  • State-specific sports betting license: Some states have their own regulations and licensing requirements for sports betting operators. For instance, in Lagos State, operators must obtain a license from the Lagos State Lottery Board (LSLB) in addition to federal licensing.

 

  1. Local business operations.
  • Business Registration with the Corporate Affairs Commission (CAC): Registering a business provides legal recognition, protects intellectual property rights, and facilitates statutory compliance such as tax filings and annual returns. The Corporate Affairs Commission (CAC) is the regulatory body responsible for overseeing the registration of businesses, ensuring compliance with the Companies and Allied Matters Act (CAMA).
  • Signage Permit: Retail and service businesses wishing to display outdoor signage are required to obtain a permit from local government councils or state advertising agency. For example, in Lagos, the Lagos State Signage and Advertisement Agency (LASAA) oversees outdoor advertising.
  • Environmental Health Permit: Businesses that generate trash or engage in any hazardous activities must obtain permits from local environmental agencies to ensure adequate waste management methods.

 

  1. Mining and Quarrying

The Ministry of Mines and Steel Development (MMSD) is the key government agency responsible for issuing these licenses.

 

Types of Mining and Quarrying Licenses

  • Exploration License: Grants the holder the right to explore for mineral resources in a specified area.
  • Mining Lease: Allows the holder to extract minerals from a defined area.
  • Small Scale Mining Lease (SSML): This is designed for smaller operations, such as artisanal or low-tech mining activities.
  • Possess or Purchase License: Is required for entities seeking to trade in mineral resources without holding a mining lease.
  • Mineral Buying Centre License: Allows companies to establish centers for buying and storing minerals.
  • Mineral Export Permit: This must be obtained each time minerals are exported.

 

  1. Transportation and Logistics

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

  • Freight Forwarding License: Required for businesses that facilitate the shipment of goods across borders, ensuring compliance with customs regulations.
  • Road Transport License: This is overseen by the Federal Road Safety Corps (FRSC) and various state transport authorities.
  • State Transport Authority (STA) License: This is required for intra-state transport operators, such as local bus services or taxi operators.
  • National Union of Road Transport Workers (NURTW) Permit: A union permit required for road transport operators to ensure compliance with union regulations and standards.
  • Hackney Permit: Required for commercial vehicles operating within a local government area, ensuring compliance with local regulations.
  • International Courier License: For companies delivering parcels locally and internationally.
  • National Courier License: For operators delivering parcels across Nigeria.
  • Regional Courier License: For operations within specific regions of Nigeria.
  • State/Special SMEs License: For small-scale courier operations within a single state.

 

  1. Power and Energy

The Nigerian Electricity Regulatory Commission (NERC) issues licenses to companies that generate or distribute power.

 

Types of Power and Energy Licenses

  • Generation License: This allows the construction, operation, ownership, and maintenance of electricity generation facilities.
  • Transmission License: Authorises the transmission of high-voltage electricity over a transmission network. Only Transmission Company of Nigeria (TCN) qualifies for this license
  • Distribution License: This allows the holder to distribute electricity from grid supply points to consumers.
  • Captive Power Generation Permit: Allows entities to generate electricity exceeding 1 MW for self-consumption.
  • Meter Asset Provider (MAP) License: For entities approved to provide metering services including installation and maintenance.
  • Meter Service Provider (MSP) License: For manufacturers, suppliers, or installers of electric meters or metering systems.
  • Renewable Energy Permit: This is necessary for businesses that offer solar, wind, or other renewable energy solutions.

 

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:

  1. Maritime Claims: disputes arising from cargo damage, loss, or non-delivery, collisions, salvage operations, loss of life or goods, personal injury, and other maritime-related matters.
  2. For non-Compliance: breaches of safety regulations, customs regulations, or health and safety standards.
  3. Unsettled debts or liabilities
  4. To execute the judgment or order of a Court

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:

  1. Satisfaction of underlying claim or debt
  2.  Posting of security or bail- This requires sureties to give a court-enforceable undertaking to cover the defendant’s liability if they fail to pay.

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

Application

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.

Documentations

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:

  1. The application letter addressed to the Director-General (NAFDAC), Attention: Director, Drug Registration & Regulatory Affairs Directorate, Ground Floor, NAFDAC Office Complex, Oshodi- Apapa, Express Way, Isolo, Lagos State.
  2. Notarised Declaration. To be completed (typed), signed by Declarant and notarized by a Notary Public in Nigeria (for imported medical devices).
  3. Power of Attorney or Contract Manufacturing Agreement. An applicant on behalf of a manufacturer outside Nigeria must file evidence of Power of Attorney from the manufacturer which authorizes him to speak for his principal, on all matters relating to the latter’s specialties. The Power of Attorney shall contain as follow:
  4. Issued by the manufacturer of the product.
  5. Signed by the Managing Director, General Manager, Chairman or President of the company, stating the names of the products to be registered. The power of attorney shall also indicate ‘Authority to register product with NAFDAC’.
  6. State ownership of Brand name(s)/Trademark.
  7. Notarized by a Notary Public in the country of manufacture.
  8. Valid for at least five (5) years.
  9. Contract Manufacturing Agreement: An applicant filing an application and being the owner of Brand name/Trademark, shall provide a Contract Manufacturing Agreement, which shall be signed by the applicant and the manufacturer. The Agreement shall be notarized by a Notary Public in the country of manufacture and signed by both parties stating names and designations of the signatories with the names of all the products to be registered and other relevant clauses clearly explained in an unambiguous language.
  10. Certificate of Manufacture and Free Sale (for imported medical devices). The manufacturer must show evidence that the company is licensed to manufacture medical devices and that the sale of the product does not constitute a contravention of the laws of that country, i.e., Free Sale Certificate (Certificate of Manufacture and Free Sale). The Free Sale Certificate should:
  11. Be issued by a relevant Health/Regulatory body in the country of manufacture
  12. Indicate the name of manufacturer and products to be registered
  13. Be authenticated by the Nigerian Embassy or High Commission in the country of origin. In countries where no Nigerian Embassy exists, any Commonwealth or ECOWAS country can authenticate the document.
  14. Comprehensive Certificate of Analysis. The certificate of analysis must be presented on a letter- headed paper of the Quality Control Laboratory where the sample was tested/evaluated and should contain all relevant technical parameters of interest in addition the under listed information:
  15. The brand name of the product
  16. The batch number of the product
  17. The manufacturing and expiry dates
  18. The name, designation, and signature of the analyst.
  19. Evidence of Business Incorporation by the Corporate Affairs Commission
  20. Evidence of Registration of Brand Name with Trademark Registry in the Ministry of Industry, Trade and Investment. This should be registered in the name of the owner of the Trademark/Brand name
  21. Product Labels/artwork should be in line with the labelling requirement under the Labelling Guidelines for Imported Medical Devices Section below
  22. Letter of Invitation for Good Manufacturing Practice (GMP) Inspection (for imported medical devices): A letter of invitation to inspect the factory abroad shall be written by the manufacturer and shall state the following:
  23. MANUFACTURER INFORMATION: Name of Company, full location address of factory (not administrative office address), e-mail, and current phone no. Details (name, phone number and email) of contact person overseas
  24. LOCAL AGENT INFORMATION: Name of company, full location address, functional phone number. and e-mail address. Details (name, phone number and email) of contact person. Names(s) of product(s) for registration. 

Technical Documents

  1. Declaration of Conformity

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.

  1. Certificate of Compliance with Recognized Standards (where available) should be submitted
  2. Product Dossier for In-vitro Diagnostics
  3. Clinical Evaluation Report with Statistical Data for Novel Medical Devices including In-vitro diagnostics.
  4. In Vitro Diagnostic Medical Device Market Authorization Table of Contents (IVD MA ToC), IMDRF/RPS WG/N13(Edition 2) FINAL:2019
  5. Non-In Vitro Diagnostic Device Market Authorization Table of Contents (nlVDMAToC), IMDRF/RPS WG/N9(Edition 3) FINAL:2019

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.

  1. Letter for submission of Laboratory Samples
  2. Evidence of payment to the Agency
  3. Certificate of analysis
  4. Evidence of submission for vetting

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:

  1. Name of the device
  2. Name and address of the manufacturer
  3. The identifier of the device, including the identifier of a device that is part of a system, test kit, medical device group, medical device
  4. Family or medical device group family (where applicable)
  5. Batch or lot number
  6. If the contents are not readily apparent, an indication of what the package contains, expressed in terms appropriate to the device, such as size, net weight, length, volume, or number of units
  7. The words “sterile” if the manufacturer intends to sale the device in a sterile condition
  8. The words “for single use only” if the device is intended for that purpose
  9. the manufacturing and expiry date of the device expressed in month and year (where applicable) unless self-evident to the intended user, the medical conditions, purposes and uses for which the device is manufactured, sold or represented, including the performance specifications of the device if those specifications are necessary for proper use
  10. the directions for use, unless directions are not required for the device to be used safely and effectively and
  11. any special storage conditions applicable to the device
  12. where a package that contains a device is too small to display all the information in

            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:

  • A successful application will be issued a Certificate of Registration with a validity period of five (5) years.
  • Registration of a product does not automatically confer Advertising Permit. A separate application and subsequent approval by the Agency shall be required if the product is to be advertised.
  • NAFDAC reserves the right to revoke, suspend or vary a certificate during its validity period.
  • Filing an application and/or paying an application fee does not confer registration status.
  • Failure to respond promptly to queries or enquiries raised by NAFDAC on the application (within 90 working days) will automatically lead to the closure of the Application
  • The timeline for product registration from acceptance of submissions to issuance of Registration number is one hundred and twenty (120) working days.
  • Please note that the clock stops once compliances are issued.

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:

  1. The Trademarks Act, CAP T13 Laws of the Federation of Nigeria (“LFN”), 2004 (the “Trademarks Act”) as amended.
  2. The Trademarks Regulation, 1967.
  3. The Merchandise Marks Act, CAP M10 LFN, 2004 (the “Merchandise Marks Act”).
  4. The Trademark Malpractices (Miscellaneous Offences) Act, CAP T12 LFN, 2004.
  5. The Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, CAP C34 LFN, 2004.
  6. The Cybercrimes (Prohibition, Prevention) Act, 2015.

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:

  • the name, address and nationality of the proprietor of the trademark;
  • representation of the trade mark;
  • specification of goods/services for which the trade mark is sought to be registered;
  • the class of goods/services; and
  • an executed Power of Attorney in favour of an authorised agent or attorney to process the application on behalf of the applicant.

What is the procedure for Trademark registration in Nigeria? 

  • The first step is to conduct an availability search at the Trademarks Registry to ascertain that the mark is available in the class registration is being sought
  • The trademark application is filed with an acknowledgment letter issued and is subsequently examined for registration after which an acceptance letter issued.
  • Upon the acceptance, the accepted trademark application is listed for publication in the trademarks register (the publication of the Trademarks Office).  
  • After publication in the Trademarks Journal, the application is open to opposition by any third party to file a notice of opposition.
  • Where there are no oppositions within this period, the applicant can procced to pay (sealing) fee and file to obtain the certificate of registration upon which the registration certificate is issued.

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: 

  1. The trademark is confusingly similar and/or identical to another’s trademark previously registered or well-known trademark
  2. The trademark is containing geographical names,
  3. The applicant is not the true proprietor or owner entitled to register the trademark,
  4. The trade mark contains the name of a chemical substance.
  5. The applicant for the trade mark has no intention of using it.
  6. Trademark containing any matter which is unlawful or contrary to public policy, among others, 

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:

  • A party who intends to oppose a trade mark application must commence by filing a Notice of Opposition (the “Notice”) containing the ground(s) of opposition within two months from the date of publication of the application for trade mark registration,
  • The registry must serve the notice on the trademark applicant, who must within a month non-extendable deadline to file a counterstatement to the Registrar stating grounds being relied on for the application for trademark registration. Where Counterstatement is not filed, the trademark application by the applicant shall be deemed abandoned.
  • Where the applicant files a Counterstatement, the Registrar shall send a copy to the opposing party.  Both parties will then exchange statutory declarations in the form of evidence. When all processes have been filed, the tribunal issues a date for adoption/argument, and then a ruling is delivered. Appeal lies at the Federal High Court. The Registrar’s decision is subject to appeal to the Federal High Court.

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.  

SNTYPE OF COMPANYMINIMUM SHARE CAPITAL (N)JUSTIFICATION
1ISSUING HOUSE200 MillionSecurities and Exchange Commission Guidelines on New Minimum Share Capital for Market Operators
2BROKER/DEALER300Million
3TRUSTEE300 Million
4FUND/PORTFOLIO MANAGER150 Million
5STOCK BROKER200 Million
6STOCK DEALER100 Million
7CORPORATE INVESTMENT ADVISER (REGISTRAR)150 Million
8CORPORATE INVESTMENT ADVISER5 Million
9INDIVIDUAL INVESTMENT ADVISER2 Million
10MARKET MAKER2 Billion
11CONSULTANT (PARTNERSHIP)2 Million
12CONSULTANT (INDIVIDUAL)500,000
13CONSULTANT (CORPORATE)5 Million
14UNDERWRITER200 Million
15VENTURE CAPITAL MANAGER20 Million
16COMMODITIES BROKER40 Million
17CAPITAL TRADE POINT20 Million
18RATING AGENCY150 Million
19CORPORATE/SUB BROKER5 Million
20ASSET MANAGEMENT (INTANGIBLE ASSETS)300 Million
21COMMERCIAL BANK WITH REGIONAL AUTHORIZATION10 BillionCBN Scope and Standards Commercial Regulations 2020
22COMMERCIAL BANK WITH NATIONAL AUTHORIZATION25 Billion
23COMMERCIAL BANK WITH INTERNATIONAL AUTHORIZATION50 Billion
24MERCHANT BANK15 BillionCBN Scope, Condition and Minimum Standard for Merchant Banks Regulation 2, 2010
25PAYMENT SOLUTION SERVICES (PSS) (As permissible under Super Agent, PTS and PSSP (combined))250 MillionCBN Guidelines on licensing Framework/ Categorization for the Nigerian Payment System 2020
26SUPER AGENT (Agent Recruitment Management and other activities as specified in the Regulatory Framework for Licensing Super Agents in Nigeria50 Million
27PAYMENT TERMINAL SERVICE PROVIDER (PTSP) (POS Terminal Deployment and Services, POS Terminal Ownership, PTAD, Merchant/Agent Training and Support)100 Million
28PAYMENT SOLUTIONS SERVICE PROVIDER (PSSP) (Payment Processing Gateway and Portal, Payment Solution/Application Development, Merchant Service Aggregation and Collection)100 Million
29MOBILE MONEY OPERATION (E-Money Issuing, Wallet Creation and Management, Pool Account Management activities as permissible under Super Agent)2 Billion
30SWITCHING 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
31UNIT MICRO FINANCE BANK (TIER 1)Tier 1: 200 MillionCBN Regulations
32UNIT MICRO FINANCE BANK (TIER 2)Tier 2: 50 Million
33MICRO FINANCE BANK (STATE & FCT)1 Billion
34MICRO FINANCE BANK (NATIONAL)5 Billion
35PRIMARY MORTGAGE INSTITUTION2 Billion
36FINANCE COMPANY20 Million
37BUREAU DE CHANGE35 Million
38NON-INTEREST BANK (REGIONAL)5 Billion
39NON INTEREST BANK (NATIONAL)10 Billion
40INSURANCE BROKER5 MillionNigerian Council of Registered Insurance Brokers Act, 2003
41LIFE INSURANCE8 BillionNational Insurance Commission Revised Regulations 2019
42GENERAL INSURANCE10 Billion
43COMPOSITE INSURANCE18 Billion
42GENERAL INSURANCE10 Billion
43COMPOSITE INSURANCE18 Billion
44RE-INSURANCE20 Billion
45UNIT MICROINSURER40 MillionGuidelines for Micro-insurance Operation in Nigeria 2018
46STATE MICROINSURER100 MillionGuidelines for Microinsurance Operation in Nigeria 2018
47NATIONAL MICROINSURER600 MillionGuidelines for Microinsurance Operation in Nigeria 2018
48TAKAFUL INSURANCE (GENERAL AND FAMILY TAKAFUL)200 MillionNational Insurance Commission Regulations
49PRIVATE SECURITY COMPANY/CONSULTANT10 MillionGuideline on Requirements for Registration of Private Guard Security Companies made Pursuant to Nigerian Security and Civil Defence Corp Act No. 2 of 2003
50PENSION FUND/ASSET CUSTODIAN2 BillionNational 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);
51CLOSED PENSION FUND500 Million
52PENSION FUND ADMINISTRATOR5 Billion
53LOTTERY5 MillionSection 2 (1), National Lotteries (Amendment) Regulation, 2007
54SPORTS LOTTERY30 MillionNational Lottery Commission Circular
55AIR TRANSPORT (INTERNATIONAL)2 BillionNigerian Civil Aviation Authority
56AIR TRANSPORT (REGIONAL)1 Billion
57AIR TRANSPORT (LOCAL)500 Million
58AIR AMBULANCE/FUMIGATION/ PRIVATE JET20 Million
59AVIATION (GROUND HANDLING SERVICES)500 Million
60AVIATION (AIR TRANSPORT TRAINING INSTITUTIONS)2 Million
61AGENTS OF FOREIGN AIRLINES1 Million
62TRAVEL/TOURS30 MillionInternational Air Travel Agency (IATA)
63AGRICULTURAL SEEDS, PRODUCTIONS, PROCESSING, MARKETING10 MillionNASA Cap 5, LFN, 2004
64SHIPPING COMPANY/AGENT25 MillionNIMASA Guidelines for Registration
65CABOTAGE TRADE25 Million
66LIFE MICRO-INSURANCE150 MillionGuideline for Micro-Finance Operations in Nigeria (NAICOM), December, 2013
67GENERAL MICRO-INSURANCE200 MillionGuideline for Micro-Finance Operations in Nigeria (NAICOM), December, 2013
68FREIGTH FORWARDING5 MillionRegistration of Freight Forwarding Regulation 2010
69PAYMENT SERVICE BANK5 Billion
70HEALTH MAINTENANCE ORGANIZATION (HMO)(NATIONAL)400 Million (Paid up)National Health Insurance Scheme HMO Accreditation Guidelines
71HEALTH MAINTENANCE ORGANIZATION (HMO)(REGIONAL)200 Million(Paid up)
72HEALTH 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:

  1. What types of workers are entitled to employment law protections, and how do their classifications differ?

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

  1.  Control over work
  2. Employment contract
  3. Payment structure
  4. Benefits and protection
  5. Work schedule and flexibly 
  6. Independence and autonomy
  1. Do Nigerian labor laws imply specific terms or conditions into employment contracts? 

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

  1. Are any terms implied into contracts of employment?

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.

  1. Are there legally mandated terms and conditions of employment that employers must adhere to?

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

  1. Can employers implement hybrid work arrangements, requiring employees to divide their worktime between home and office, and what implications does this have on employment contracts?

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

  1. In today’s digital landscape can employee expect remote work opportunities as a standard benefit?

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.

  1.  What is the legality of being sacked after one has resigned giving a month notice, but got sacked during the notice period?

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”

  1. My employer terminated my employment, without stating any reason. Is this action valid?

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.

  1. Does the Nigeria Labour Law protect women on maternity leave?

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.

  1. Are men entitled to Paternity leave in Nigeria?

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:

  1. Sale of Land

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:

  • Drafting a Contract of Sale that outlines the terms of the transaction.
  • Executing a Deed of Assignment to formally transfer ownership.
  • Obtaining the necessary Governor’s Consent as required by the Land Use Act of 1978.
  1. Gift of Land

Land can also be transferred as a gift, which involves no monetary exchange. Key points include:

  • The transfer must be voluntary, with the donor’s intention to gift the land clearly established.
  • A Deed of Gift should be executed to document the transaction, and it should be registered to ensure legal validity.
  1. Exchange of Land

This less common method involves two parties swapping ownership of their respective properties. The process requires:

  • A mutual agreement between both parties.
  • Execution of separate Deeds of Assignment for each property involved in the exchange.
  1. Mortgage

In a mortgage arrangement, land is used as collateral for a loan. There are two types:

  • Legal Mortgage: The lender obtains a legal interest in the property until the loan is repaid.
  • Equitable Mortgage: The borrower retains some rights but gives the lender an equitable interest in the property.
  1. Inheritance

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:

  • Search the Land Registry: Visit the state Land Registry and ask for a title search. This search will determine if the property is registered and whether the title is clear of encumbrances (such as mortgages or court proceedings).
  • Examine the Root of Title: Know how the seller got the property. Make that there is a Certificate of Occupancy (C of O) or a legally binding document.
  • Engage a Legal Practitioner: A legal expert in property law can help navigate the complexities of the process and ensure compliance with applicable laws.

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?

  • Land Purchase Receipt: Request a receipt after purchasing land. It serves as evidence payment. A receipt, on the other hand, may be unnecessary if it is already included in the document conveying the land.
  • Contract of Sale of Land: This document allows parties to agree on terms before finalising the transaction and preparing the deed of assignment for land sales.
  • Deed of Conveyance or Assignment: A deed of conveyance or assignment is used in sales transactions to permanently transfer land from one buyer to another. This is a registrable instrument.
  • Certificate of Occupancy: This is a government-issued document that confirms ownership of land. Anyone who has owned land prior to 1979 is eligible for a Certificate of Occupancy. It is also issued by the state government to allottees of government-owned land. Those who acquire land through sales or mortgages do not require a new certificate of occupancy, but instead require the Governor’s assent. 
  • Judgement of Court: A court judgement can transfer ownership of property to another party. It is valuable when the title to a certain property is obtained through litigation.
  • Deed of Mortgage: This deed transfers land from the mortgagor (borrower) to the mortgagee (lender). It serves as a temporary transfer in the context that the mortgagor shall be entitled to recover this land if the loan amount is paid with interest.
  • Survey Plan: A survey plan depicts the extent and size of one’s territory. It also allows one to determine whether the land is under government acquisition.
  • Power Of Attorney: This document is required for property transactions involving individuals who are unable to be present in Nigeria due to distance or other circumstances. This is a document that authorises another person to act on behalf of one of the transaction’s parties. A person who lives outside of Nigeria but wishes to purchase land might grant a power of attorney to an agent to assist him in performing certain property-related activities.
  • Deed of Gift: This is a legal document that confirms the transfer of land or property from a Donor to a recipient, Donee. Deed of gift can be used to transfer ownership of land.
  • Probate: A grant of probate is a document obtained from a deceased person’s will and inheritance. The instrument vests all the assets included within it into the executors of the estate.
  • Letter of Administration: The letter of administration assigns assets to estate administrators. It is granted to the personal representatives of a deceased individual if the deceased died intestate.
  • Assent: Assent is issued to vest an interest in a particular estate into the beneficiaries of an estate or third-party buyer by the executors or administrators of an estate. Assent is given by executors or administrators to transfer an estate’s interest to beneficiaries or third-party buyers.

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

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