The Enforcement of Fundamental Rights in Nigeria

Fundamental rights are rights that are protected by the constitution from violation. While human rights are inherent to all people regardless of their personal, social or religious conditions, fundamental rights are specifically identified in a constitution as requiring a high degree of protection. They are fundamental because they are important to the dignity and liberty of individual life that they should be beyond any political process. The breach of any fundamental right will necessitate its enforcement in court. These rights however are not absolute, there are exceptions to them.

The rights are contained in Chapter IV of the 1999 Nigerian Constitution (as amended) from sections 33 to 46. They include:

  1. Right to life
  2. Right to dignity of human person
  3. Right to personal liberty
  4. Right to fair hearing
  5. Right to private and family life
  6. Right to freedom of thought, conscience and religion
  7. Right to freedom of expression and the press
  8. Right to peaceful assembly and association
  9. Right to freedom of movement
  10. Right to freedom from discrimination
  11. Right to acquire and own immovable properties anywhere in Nigeria
  12. Compulsory acquisition of property
  13. Restrictions on and derogation from fundamental rights
  14. Special jurisdiction of High Court and legal aid

Enforcement of Fundamental rights

Enforcement of fundamental rights in Nigeria is governed by the Fundamental Right (Enforcement Procedures) Rules 2009. The Rules provide for the practice and procedure in the determination of fundamental right actions.

By Order 2, Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules,

“any person who alleges that any of the fundamental rights provided for in the Constitution and to which he is entitled, has been, is being or is likely to be infringed may, apply to the court in the state where the infringement occurs or is likely to occur for redress”.

Thus where there is a violation or likely to be a violation of fundamental rights, the individual involved can proceed to court to seek redress of the violation or prevention of the likely violation.

As provided by the 1999 constitution the High court (state or federal) has jurisdiction over fundamental right actions but only to the extent of subject matters within the particular court’s jurisdiction.

Challenges in enforcement of fundamental rights

Generally, there are challenges in the administration of justice system in Nigeria as well as in the enforcement of fundamental right claims. One of which is ignorance or lack of knowledge and awareness by citizens of these fundamental rights. Another major challenge of enforcement of fundamental rights is the problem of poverty. Nigeria as a developing country has more than half of its citizens living in poverty and so many victims of fundamental right abuse cannot afford the cost of legal representation in court to enforce their rights. The resultant effect of these challenges is that perpetrators fundamental rights abuses mostly go unpunished.

By Adeola Oyinlade & Co.

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 circumstances.

Adeola Oyinlade & Co provides help and offers advisory to both local and foreign clients on human rights enforcement in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Guide On How to Register a Vessel/Ship in Nigeria

Shipping in Nigeria is regulated by the Nigerian Coastal and Inland Shipping (Cabotage) Act, 2003 and the Nigerian Maritime Administration and Safety Agency (NIMASA) is statutorily empowered with jurisdiction over the licensing and registration of ships and shipping companies in Nigeria. Ships are required to be registered in other to have national character to permit their movement in territorial or international waters

Parties that may register ships include:

  • corporations in their own name;
  • individuals;
  • joint owners (not exceeding five persons); and
  • other parties approved by the minister of transport.

Procedure for Vessel/Ship Registration

  1. The owner of the Ship or their agents will submit a letter of application addressed to the Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) indicating their interest in registering a ship in Nigeria;
  2. Complete and submit application for Ship name approval Form at the Ship Registry;
  3. Payment of statutory fees on the gross tonnage of the Ship to Director-General of NIMASA for Ship Condition Survey;
  4. The Registrar of Ships nominates a Maritime Surveyor to carry out the Ship condition survey;
  5. The Maritime Inspectorate Division (MID) under the Government Inspector of Shipping (GIS) will either the American Bureau of Shipping, Bureau Veritas, Germanischer Lloyd, or Lloyd’s Register of Shipping to Classify the Ship;
  6. Complete the Declaration of Ownership (NIMASA Form 1) deposed before a Commissioner for Oath at the Federal High Court and submit at NIMASA;
  7. Complete Application Form for Registration (NIMASA Form 2) and submit at NIMASA with the following documents (not all documents are required from individual owners):
  8. Copy of Certificate of Incorporation;
  9. Certified True Copy of Company Memorandum and Articles of Association;
  10. Certified True Copy of Form CAC 7 (Particulars of Directors);
  11. Certified True Copy of Form CAC 2 (Allotment of Shares of a Share Capital which shall not be less than Twenty-Five Million Naira[N25,000,000]);
  12. Current Tax Clearance Certificate;
  13. Duly completed Declaration of Ownership Form;
  14. Bank Statement/Reference Letter;
  15. Applicable waiver certificate;
  16. Certificate of Nigerian Ship Registry;
  17. Cabotage Affidavit Form;
  18. Crew list declaration;
  19. Evidence of payment of Fees
  20. Certificate of Registration of Shipping Company with NIMASA
  21. The Registrar of Ships after being satisfied that the applicant has met all the registration requirements and duly completed the process, will then enroll the Ship in the Register of Cabotage Vessels and Ship Owning Companies of Nigeria.

Vessel/ship registration can also be deregistered with the permission of the Registrar. It is important to seek professional advice on vessel/shipping registration considerations.

By Adeola Oyinlade & Co.

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 circumstances.

Adeola Oyinlade & Co provides help and offers advisory to both local and foreign clients on ship registration in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Procedure for Writing a Valid Will in Nigeria

A Will is generally the last wishes or instructions of a deceased person in writing. Where a person dies having a Will, he is called a testator and where there is no Will, he is said to have died intestate. A will allows for the distribution of the estate and properties of a testator in accordance with his wishes. On the other hand, not making a Will makes it easy for certain individuals to unlawfully interfere with the assets in a testator’s estate. One of the real issues that lead to a dispute over the estate of the deceased person is whether such a person made a Will and if so whether the Will was valid.

In Nigeria, a valid Will must have the binding force of law and therefore must meet the stipulated requirements of the law.

The WILLS ACT 1837 defines a valid Will; “a Will is a testamentary document voluntarily made and executed to law by a testator of sound mind, where he disposes his properties (real or personal) to beneficiaries to take effect after his death”.

There are various legislations guiding the making of Wills in Nigeria:

1. Wills Act of 1837;

2. Wills Law of various states;

3. Administration of Estate Laws of the various states;

4. High Court (Civil Procedure) Rules of various states; and

5. Evidence Act.

The procedure and requirements for making a valid Will include:

  1. Writing: all legal documents must be in writing to have the binding force of law. Thus, a valid Will must be in writing.
  • Voluntary: a valid will must be made by voluntarily by the testator. Thus, the writing of the will by the testator must be made in the absence of any expression of fraud, duress and/or undue influence.
  • Legal age: a testator must be an adult of a legal age of 18 years and above to make a valid Will. Under the Will Act, a testator must have attained the age of 21 years while Wills law of various states require a legal age of 18 years.
  • Mental capacity: The testator must be of sound disposing mind to make a valid Will. He must have requisite memory and understanding.There must be no infirmity or lunacy of any sort, no matter how slight and the testator must not have been unduly influenced to dispose of his property as he did in the Will.
  • Execution: a valid Will must be duly signed by the testator or any person of his choice on his behalf but who must sign in his presence and by his directions.
  • Attestation: a minimum of two witnesses must sign in acknowledgment of the testator’s signature in his presence and at the same time.
  • Lodgment at Court Registry: a valid Will must be taken and lodged at the probate registry of a state high court before or upon the demise of the Testator.
  • Witness must not be a beneficiary: a witness must not be a beneficiary to a valid Will. Any gift given to a witness will be null and void. The exception is only for a spouse, such a spouse can still benefit from the Will. It is generally not advisable for a testator’s spouse or children to attest or sign to a Will to avoid conflict of interest and ensure confidentiality.
  • Executors: a valid will must have named executors of the testator’s estate. They must be up to the legal age of 18 years and above. Executors can be part of beneficiaries in a Will. A minimum of two executors are required.

It should be noted that the making of Wills under customary laws and the Islamic law have their own systems, which are different from the statutory provisions.

A Will only takes effect after the death of the testator, thus, in making a Will it is important that proper legal advice should be sought and obtained. This way, the intentions of the testator as to how his assets may be distributed is strictly adhered to and not invalidated for being inconsistent with the law.

Where a person who feels entitled to the estate of a deceased person suspects or anticipates that no provision whatsoever was made for them under a Will, the only recourse is to challenge the Will.

Proving the validity of a Will

In proving the validity of Will, there is presumption of regularity of a Will that appears on its face to be ex-facie regular. Thus, the primary burden of proving the validity or proper execution of a Will lies on the person who propounds it or seeks to rely on it. After the burden is discharged, it shifts to the other party challenging the Will.

By Adeola Oyinlade & Co

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 circumstances.

Adeola Oyinlade & Co provides help and offers advisory to clients on how to write a valid will in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Passengers’ Rights and Remedies Under The Nigerian Civil Aviation Act

The Nigeria Civil Aviation Act, 2006 regulates the Nigerian Aviation Industry through the Nigerian Civil Aviation Authority (NCAA). The NCAA is empowered to make regulations guiding the aviation industry and as such established the Civil Aviation Regulations 2015.

Over the years, airline customers have made several complaints of flight delays and persistent cancellation of flights without any remedy despite thatPart 19 of the Nigerian Civil Aviation Regulation provides for the airline customers’ right to reimbursement and compensation in the event of flight delays and cancellations amongst others.

Part 19 of the Regulations provides the certain rights of passengers of air transport thus:

1. The right to the full value for your money

2. The right to compensation for flight cancellation, delays, damaged/loss baggage and denied boarding for reasons other than technical, weather conditions, air traffic control restrictions, security risks and industrial disputes that affect the operation of the flight.

3. The right to book and confirm tickets with an airline of your choice.

4. The right to the provision of a conducive airport environment before, during, and after flights.

5. The right to seek redress for all irregularities during your flight.

6. The right to timely feedback in respect of matters/complaints lodged with service providers.

7. The right to be fully informed about flight status.

8. The right to be treated with respect and dignity irrespective of race or physical condition.

Furthermore, Airline Customers are expected to be duly informed of the reason for delays at a reasonable if a domestic airline expects a scheduled flight to be delayed, and are to be assisted in the area of refreshments and proper communication in form of calls, text messages, emails at 2 and 3 hours interval after such delay. If the delay occurred at the airport closing hours, Airline Customers deserve transportation and accommodation assistance.

In the event that an International flight is delayed, Airline Customers are expected to be assisted by the airline in the form of meals and adequate communication through telephone calls, text messages, and emails with compensation to the passengers as provided in the regulation in the tune of 30% of the passenger ticket fee.

There is a major lack of awareness of these rights by some passengers and general public which precludes them from exercising these rights and accruing compensation. The NCAA Regulations 2015 provides for dispute resolution medium for complaints made, the complaint made are investigated by NCAA who has power to dismiss or recommend the complaint for mediation or its administrative hearing. The authority has power at the conclusion of the hearing to make directives e.g. payment of compensation and water view. Where the affected passenger is not satisfied by the decision of the body, he/she has right to institute an action against the body and the carrier in competent court of law, which is usually the Federal High Court that has exclusive jurisdiction in the matter or employ other Alternative Dispute Resolution mechanism.

By Adeola Oyinlade & Co

Adeola Oyinlade & Co provides help and offers advisory to local and international clients on passengers’ rights in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

An Overview of Cybercrimes and Internet Regulations in Nigeria

Any crime or illegal activity committed in the use of computers and network is referred to as a cybercrime. The Cybercrimes (Prohibition and Prevention, etc.) Act 2015 (“Cybercrimes Act”), is the principal legislation for the regulation of all activities in the Nigeria cyber space involving a computer and internet network. The Cybercrimes Act is vital to the national security of Nigeria and the President is empowered by it to implement procedures and guidelines for the advancement of national security.

Forms of cybercrimes according to the Cybercrimes Act:

  • Hacking
  • Denial-of-service attacks
  • Phishing
  • Infection of IT systems with malware
  • Distribution, sale or offering for sale of hardware, software or other tools used to commit cybercrime
  • Possession or use of hardware, software or other tools used to commit cybercrime
  • Identity theft or identity fraud
  • Electronic theft
  • Unsolicited penetration testing
  • Cyberstalking
  • Cybersquatting
  • Cyber terrorism
  • Manipulation of ATM/POS Terminals
  • Breach of confidence by service providers

Penalties for Cybercrimes

The penalties for various cybercrimes are provided for under the Cybercrimes Act, they range from fines to imprisonment or both. The court may also order forfeiture of proceeds. The Act criminalizes cybercrimes as well as compensates the cybercrime victims. Civil actions may lie against perpetrators of cybercrimes such as defamation, misrepresentation, breach of confidence, breach of contract, and others. Also, actions may be instituted for the enforcement of Fundamental Right breached under the 1999 Constitution (as amended).

Applicable Laws to cybersecurity in Nigeria:

  1. The 1999 Constitution of the Federal Republic of Nigeria (as amended) (“CFRN”).
  2. The Cybercrimes (Prohibition and Prevention, etc.) Act, 2015.
  3. Nigeria Data Protection Act, 2023 (“NDPA”).
  4. Nigeria Data Protection Regulation, 2019 (“NDPR”).
  5. Nigeria Data Protection Regulation Implementation Framework, 2020.
  6. The Advance Fee Fraud and other Related Offences Act, 2006.
  7. Terrorism (Prevention and Prohibition) Act, 2022.
  8. The NCC Guidelines for the Provision of Internet Service.
  9. Risk-Based Cybersecurity Framework and Guidelines for Other Financial Institutions, 2022.
  10. The Economic and Financial Crimes Commission (Establishment, etc.) Act, 2004.
  11. The Money Laundering (Prevention and Prohibition) Act, 2022.
  12. Nigerian Communications Communication Act, 2003.

Major Regulators of cyber security in Nigeria under the Cybercrimes Act:

  1. Nigeria Data Protection Commission (“NDPC”) is responsible for enforcing the provisions of the NDPA and NDPR.
  2. The Nigerian Communications Commission (“NCC”) is responsible for enforcing the provisions of the Guidelines for the Provision of Internet Service.
  3. The National Security Adviser (“NSA”) is responsible for maintaining the National CERT Coordination Centre responsible for managing cyber-incidents in Nigeria.
  4. The Attorney General of the Federation (“AGF”) supervises the implementation of the Cybercrimes Act, whilst law enforcement agencies are responsible for enforcing the provisions of the Cybercrimes Act.
  5. The CBN is responsible for regulating the activities of financial institutions in Nigeria.

Preventive measures against cyber attacks

The Cybercrimes Act permits organizations to use their suitable and effective measures to protect and prevent their IT systems from cybercriminals.  Some government regulators like the NCC are saddled with the responsibility of releasing periodic information to the public on cybersecurity.

By Adeola Oyinlade & Co

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

The Scope of Data Protection Legislation In Nigeria

In Nigeria the principal legislation for the regulation of data protection is the Nigeria Data Protection Act 2023 (“NDPA”) which was signed into law by President Bola Ahmed Tinubu on 14 June 2023. The provisions of the NDPA is regulated and enforced by The Nigeria Data Protection Commission (“NDPC”), which is the body responsible for the administration of all data protection matters in Nigeria.

Data protection generally, is the safeguarding and protection of sensitive important information from corruption, damage, compromise or loss.

Various sectors in Nigeria have specific laws, regulations and guidelines with an impact on data protection in Nigeria. They include:

  1. The Consumer Code of Practice Regulations 2007 (“NCC Regulations, 2007”) published by the Nigerian Communications Commission (“NCC”).
  2. The Registration of Telephone Subscribers Regulations 2011, published by the NCC.
  3. The Consumer Protection Regulations 2020, issued by the Central Bank of Nigeria (“CBN”), Nigeria’s apex bank.
  4. The Lawful Interception of Communications Regulations, 2019 which was issued by the NCC.
  5. The Guidelines for the Management of Personal Data by Public Institutions in Nigeria 2020, issued by the NITDA.
  6. The Official Secrets Act 1962.
  7. The CBN Guidelines on Point of Sale Card Acceptance Services 2011.
  8. The CBN Regulatory Framework for Bank Verification Number Operations and Watch-List for the Nigerian Banking Industry 2017.
  9. The NITDA Guidelines for Nigerian Content Development in Information and Communication Technology 2019 (as amended).
  10. The Credit Reporting Act 2017.

The NDPA also applies to businesses established in other countries where the businesses are involved in the processing of the Personal Data of Data Subjects in Nigeria. Section 2(2) of the NDPA.

Personal Data as defined by the Nigeria Data Protection Act (“NDPA”), is referred to as any information relating to an individual, who can be identified or is identifiable, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, psychological, cultural, social or economic identity of that individual.

Some Key principles on personal data processing as provided by the NDPA include:

  • Transparency: Personal Data shall be processed in a fair, lawful and transparent manner.  
  • Lawful basis for processing: There must be lawful bases for the processing of Personal Data
  • Purpose limitation: That a Data Controller or Data Processor shall ensure that Personal Data is collected for specified, explicit and legitimate purposes, and not to be further processed in a way that is incompatible with these purposes.
  • Data minimization: A Data Controllers or Data Processors must ensure that Personal Data is adequate, relevant and limited to the minimum necessary for the purposes for which the personal data was collected or further processed.
  • Proportionality: Personal Data must be in proportion for the purpose for which it was collected.
  • Retention: A Data Controller or Data Processor shall ensure that Personal Data is retained for not longer than is necessary to achieve the lawful bases for which the Personal Data was collected or further processed. 
  • Data Security: A Data Controller or Data Processor shall ensure that Personal Data is processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful processing, access, loss, destruction, damage, or any form of data breach. 
  • Accountability: A Data Controller or Data Processor owes a duty of care, in respect of data processing, and shall demonstrate accountability, in respect of the principles contained in the NDPA.

Registration of Businesses with NDPC

The NDPA, requires Data Controllers and Data Processors of Major Importance to register with the NDPC. Businesses who are Data Controllers or Data Processors of Major Importance are required to register with the NDPC.  The NDPA defines a “Data Controller or Data Processor of Major Importance” as a Data Controller or Data Processor that is domiciled, resident in, or operating in Nigeria and processes or intends to process Personal Data of more than such number of data subjects who are within Nigeria, as the NDPC may prescribe, or such other class of Data Controller or Data Processor that is processing Personal Data of particular value or significance to the economy, society or security of Nigeria as the NDPC may designate. 

Registration requirements for Data Controllers and Data Processors of Major Importance with the NDPC:

  1. the name and address of the Data Controller or Data Processor, and the name and address of the Data Protection Officer (“DPO”) of the Data Controller or Data Processor;
  2.  the description of Personal Data and the categories and number of Data Subjects to which the Personal Data relate;
  3. the purposes for which Personal Data is processed;
  4. the categories of recipients to whom the Data Controller or Data Processor intends or is likely to disclose Personal Data;
  5. the name and address of any representative of any Data Processor operating directly or indirectly on its behalf; 
  6. the country to which the Data Controller or Data Processor intends, directly or indirectly to transfer the Personal Data;
  7. a general description of the risks, safeguards, security measures and mechanisms to ensure the protection of the Personal Data; and
  8. any other information required by the NDPC.

Sanctions for failure to register with the NDPC

The NDPA provide for sanctions under Sections 48 and 49 of the Act for failure to register with the NDPC:

  1. in the case of a Data Controller or Data Processor of Major Importance, the payment of a fine of 2% of the organisation’s annual gross revenue of the preceding year or the payment of the sum of 10 million Naira, whichever is greater; and
  2. in the case of a Data Controller or Data Processor not of Major Importance, the payment of a fine representing 2% of the organisation’s annual gross revenue of the preceding year or payment of the sum of 2 million Naira, whichever is greater.

By Adeola Oyinlade & Co

Adeola Oyinlade & Co provides help and offers advisory to clients on data protection in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

The Crime Of Money Laundering And Criminal Enforcement In Nigeria

Money laundering is the illegal concealing of money obtained from criminal or illicit activities with the purpose of appearing to have been gotten from a legitimate source.

The Economic and Financial Crimes Commission (EFCC) empowered by The Economic and Financial Crimes Commission (EFCC) Act is the agency responsible for the regulation, investigation and prosecution of economic and financial crimes in Nigeria. Other government agencies involved in investigating economic crimes include; National Drug Law Enforcement Agency (NDLEA), Central Bank of Nigeria (CBN), Nigeria Police Force and Nigerian Customs Service.

Anti-Money Laundering (AML)

Anti-Money Laundering includes set of policies, laws and regulations designed to prevent and combat financial crimes and illegal activities.

The key Nigerian AML legislation and regulations are as follows:

  • Money Laundering Act.
  • Terrorism Prevention Act, 2012 (as amended).
  • Terrorism Prevention (Freezing of International Terrorist Funds and other Related Matters) Regulations, 2013.
  • Economic and Financial Crime Commission (Establishment) Act 2004.
  • Banks and Other Financial Institutions Act (BOFIA) 1991.
  • CBN AML/CFT Regulations, 2013.
  • CBN Act, 2017.
  • CBN AML/CFT Risk-Based Supervision Framework, 2011.
  • CBN Circulars and other communications by regulators.
  • National Drug Law Enforcement Act (1990).
  • Other international instruments (such as FATF Recommendations, United Nations Security Council Resolutions).

Designated Financial Institutions and Businesses

AML policies and regulations are applicable to some financial institutions and other designated businesses such as banks advisory firms, jewelers, chartered accountants, legal practitioners, hotels, casinos, supermarkets, tax consultants, car dealers, dealers in luxury goods, bureaux de change, insurance institutions, money brokerage firms, investment management firms, project consultancy firms, and pension fund management firms. These financial institutions and designated businesses are required to maintain compliance programmes under the Money Laundering Act which include the following:

  • Designation of an AML chief compliance officer at management level.
  • Identifying AML regulations and offences.
  • Identifying the nature of money laundering.
  • Reporting money laundering “red flags” and suspicious transactions.
  • Meeting reporting requirements.
  • Carrying out customer due diligence.
  • Adopting a risk-based approach to AML.
  • Record-keeping and adhering to retention policy.
  • Monitoring of employees’ accounts.

Offences and penalties

Generally, natural persons and non-juristic persons can be investigated, prosecuted and convicted for money laundering offences. The maximum penalties for natural persons are a term of imprisonment of between 7 to 14 years, a fine of at least 1 million Naira. The penalties for non-juristic persons include the prosecution of the principal officers of the corporate body and winding up of the corporate body, or the winding up and forfeiture of assets and properties. There are however other options opened to a defendant in a money laundering cases such as Plea bargains, settlement agreements, prosecutorial discretion. The records of the fact and terms of such settlements are usually not made public. The court may order the forfeiture or confiscation of proceeds and assets whether tangible or intangible, gotten directly or indirectly from a criminal or illegal activity on trial.

Money laundering offences can be prosecuted in Nigerian courts without time restrictions. There is no provision for statute of limitation for money laundering offences in Nigeria. AML laws in Nigeria have extraterritorial reach.  The offence of money laundering has been extended to apply to natural or legal persons outside of Nigeria as provided under section 15(2) of the Money Laundering Act. The laundering of the proceeds of foreign crimes is also punishable in Nigeria.

Administration and Enforcement of AML

The CBN, EFCC and Special Control Unit against Money Laundering are the government agencies responsible for compliance and enforcement of AML requirements.

The CBN as a money laundering regulatory agency set up Guidelines which stipulate that banks within free trade zones (FTZs) are required to ensure strict adherence to the provisions of the Money Laundering Act, Terrorism (Prevention) Act, 2011 (as amended) and the CBN AML/CFT Regulations for Banks and Other Financial Institutions in Nigeria, 2013. Private individuals engaged in international trade are also subject to AML policies, requirements and compliance.

By Adeola Oyinlade & Co

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Building A Solid Intellectual Property Foundation For Startups In Nigeria

Intellectual property (IP) includes valuable tangible or intangible intellectual creations of individuals such as concepts, brands and inventions that give the owners certain exclusive rights. These rights are called IP rights (IPR). Protecting IP rights is crucial for businesses, both large companies and startups. Intellectual Property Laws in Nigeria are enacted to regulate and protect all aspects of IP rights.

The Intellectual Property of startup companies are their most valuable assets in a competitive market. Their products and services in the market not only generates revenue for them but also gives them a competitive advantage, market visibility and attracts investors. Achieving market leverage will be very difficult if startups do not secure their IPs by registration and licencing.

In Nigeria, the various forms of IP rights that can be protected include; trademarks, copyrights, patents, and trade secrets:

  1. Trademarks: A trademark is the identity of any business. It stands a company out through customer recognition. Registering trademarks safeguards a startup’s brand identity, logos, and slogans, preventing others from using similar marks that may cause confusion among consumers. A registered trademark gives the startup owner right to an action for any infringement with its trademark. Under the Trademarks Act, the trademark has to be registered with the Trademarks Registry. A registered trademark is valid for 7 years but can be renewed from time to time for 14 years under the Trademark Act.
  • Copyrights: Copyright is the automatic and exclusive right of the owner of a creative work. Thus, it is not subject to mandatory registration. It is only required that efforts have been expended to make the creative work be original and must have been fixed to a definite medium of expression. Copyright protection extends to original literary, artistic, and musical works, as well as innovative computer software and programmes. It grants creators exclusive rights over their creations, including reproduction, distribution, and public display.
  • Patents and Designs: A patent is a unique invention or technological solution (hardware or software) developed by a startup. Not all inventions are patentable inventions however. The Patent and Designs Act sets out conditions to be met for an invention to be deemed patentable: the invention must be new and capable of industrial application or the invention is an improvement on an already patented invention and is also capable of industrial application. Securing a patent provides exclusive rights and prevents others from using, selling, or importing your invention without permission. It is not compulsory to register or secure a patent; however, a patent right is vested in the first to apply for its registration. Patents last for 20 years, after which the invention becomes part of the public domain and can be used by anyone.
  • Trade Secrets: trade secrets are confidential information of a startup that may be protected if they have commercial value. Safeguarding trade secrets, such as proprietary information, manufacturing processes, or customer lists, through confidentiality agreements and robust internal security measures by a startup can be crucial in maintaining a competitive advantage. It is important that startups sign a non-disclosure or non-compete agreements with employees at workplaces, partners or contractors except on a need to know basis. Thus, where a trade secret is leaked, it will entitle the startup owner right to maintain an action in court for breach of contract or damages.

In leveraging on their IP rights (IPR), products and services of startups can be protected by a combination of intellectual property rights. For example, an invention can be protected by patents, copyrights, trademarks, and trade secrets. 

Proactive Intellectual Property considerations by startups in Nigeria can help fortify and enhance their long-term business success.

Legal professional guidance is crucial for startups for their IP protection.

By Adeola Oyinlade & Co

Adeola Oyinlade & Co provides help and offers advisory to clients on IP rights that can be protected including; trademarks, copyrights, patents, and trade secrets in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

How To Apply and Process Letters of Administration in Lagos, Nigeria

Letter of administration is granted where a deceased person passed away without leaving a Will, that is, intestate. It is issued by the probate registry of the high court to an individual called an administrator to manage, dispose or administer the estate of the deceased person. Until the Letter of Administration is obtained, the estate of the deceased is deemed to be vested in the Chief Judge of the State where the deceased resided. 

The Administration of Estate Law of Lagos state stipulates persons who can apply for the grant of a Letter of Administration:

  • Surviving spouse of the deceased
  • Children of the deceased or the surviving issue of a child who died in the lifetime of the deceased
  • Father or mother of the deceased or the surviving issue of a child who died in the lifetime of the deceased
  • Brothers or sisters of the deceased of full blood and the children of such brothers or sisters who died in the lifetime of the deceased
  • Brothers or sisters of half-blood of the deceased
  • Grandfather or grandmother of the deceased
  • Uncles and aunts of full blood or their children
  • Creditors of the Deceased
  • Administrator General (where all the preceding fail)

Procedure for the grant of Letters of Administration:

The High Court of Lagos State has an online commencement procedure for application and grant of Letters of administration through its website, https://probate.lagosjudiciary.gov.ng:

  1. Application letter to the probate registrar to pay and obtain the requisite probate forms online, which include:
  2. Application for grant of letter of Administration
  3. Oath of Administration by the applicants
  4. Administration Bond
  5. Declaration as to Next of Kin.
  6. Inventory
  7. Particulars of landed property left by the deceased
  8. Schedule of debts and funeral expenses
  9. Sureties’ Application Form
  10. Justification for Sureties
  • Submission of duly signed and completed probate forms to the registry for endorsement and collection of Bank Certificate with accompanying documents such as:
  • Death Certificate of the deceased
  • Passport photo of the deceased
  • Passport photos of all the proposed Administrators and sureties
  • ID Cards of all the proposed Administrators and sureties.
  • Endorsement of the Bank certificate by banks. Financial institutions and other fund administrators where the deceased had monies.
  • Return of the endorsed Bank Certificate to the probate registry for assessment
  • Payment of assessed estate fees.
  • Scheduled interview at the probate registry with administrators and sureties.
  • Publication in a national Newspaper or Gazette for 21 days to allow for objections.
  • Approval by the probate judge where there is no objection after 21 days.
  • Issuance of the Letters of Administration to the applicant.

This article is to provide insight to the application and issuance of Letters of Administration in Lagos state.

By Adeola Oyinlade & Co

Adeola Oyinlade & Co provides help and offers advisory to clients on how to process letters of administration in Lagos, Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Garnishee Proceedings in Nigeria: All You Need To Know

A garnishee proceeding is one of the monetary judgment recovery processes in Nigeria. By default, the party to whom a judgment was given in his favour would usually take steps to enforce the judgment. Garnishee proceedings can be defined as a judicial process of execution or enforcement of monetary judgment whereby money belonging to a judgment debtor, in the hands or possession of a third party known as the ‘Garnishee’ (usually a bank), is attached, or seized by a judgment creditor, in satisfaction of a judgment sum or debt.Garnishee proceeding is “sui generis” that is, different other types of court proceedings.

This article examines the concepts and procedure in garnishee proceedings.

Concepts in Garnishee proceedings:

The garnishee recovery process is guided by the Sheriffs and Civil Process Act CAP A6 Laws of Nigeria 2004(SCPA), the Judgment (Enforcement) Rules (JER), High Court Rules of various States and case laws.

  • Judgment creditor: a person or entity that is entitled to the fruit of judgment in a suit and therefore can enforce execution of the judgment.
  • Judgment debtor:A person or entity that is liable under a judgement to discharge monetary obligation to the judgment creditor but has not done so.
  • Garnishee:a third party who has in his custody money belonging to the judgment debtor and who at the instance of the Judgment Creditor is being called upon to transfer or pay the money directly to the creditor until the debt or claim is satisfied.
  • Garnishee order nisi:an order of court directing the Garnishee to appear in court on a specified date to show cause why an order should not be made upon him for the payment to the judgment creditor of the amount of debt owed by the judgment debtor.
  • Garnishee order absolute:  the order absolute is made at the second stage on the return date hitherto given at the first stage if the Garnishee fails to attend Court, or does not dispute the debt due or claimed to be due from him to the judgment debtor.
  • Monetary judgment: a judgment where there is an order of court directing the judgment debtor to pay money due to the judgment creditor.
  • Judgment sum: an amount of money that the court has ordered the judgment debtor to pay to the judgment creditor.

Procedure for garnishee proceedings:

Garnishee proceedings can be commenced in a Magistrate’s court, High court of states and Federal High court:

  1. Obtaining a Judgment: The first step in initiating garnishee proceedings is to obtain a judgment against the judgment debtor. This can be done through a court action or an arbitration proceeding. Without a valid judgment, it becomes impossible to enforce anything.
  2. Application for a Garnishee Order Nisi: Once a judgment has been obtained, the judgment creditor must apply for a Garnishee Order Nisi from the court. This application is usually made ex parte to the court. Upon satisfaction, this order directs the garnishee to show cause why they should not pay the amount owed to the judgment creditor.
  3. Serving the Garnishee Order Nisi: The Garnishee Order Nisi already obtained must be served on the Garnishee and the judgment debtor. The garnishee is required to file an affidavit stating whether they hold any money or any assets on behalf of the judgment debtor.
  4. Obtaining a Garnishee Order Absolute: If the garnishee admits to owing money or holding assets on behalf of the judgment debtor, the court will issue a Garnishee Order Absolute. This order directs the garnishee to pay the amount owed to the judgment creditor.

In a garnishee proceeding not all debts are payable, only debts which are certain are payable. It is important to note that, the judgment debtor is not a party to the proceedings, even thought he was party to the suit where the monetary sun was awarded against him.

It is crucial that due process is followed in a garnishee proceeding otherwise the process can be upturned on appeal.

The above are a guide to the garnishee proceedings in Nigeria. However, it is important to seek legal advice on specific compliance requirements.

By Adeola Oyinlade & Co

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 circumstances.

Adeola Oyinlade & Co provides help and offers advisory to both local and foreign clients on garnishee proceedings in Nigeria.

Need help? Kindly contact us using the details below:

Email: [email protected]

Mobile: +234 803 826 7683 / +234 802 686 0247

Mondaq’s Autumn 2024 Thought Leadership Awards

Nigeria Law Firm of the Year – The Lawyers Global Awards 2024

adeola oyinlade & co

Adeola Oyinlade & Co, International Law Firm of the Year in Nigeria of Corporate INTL Global Awards for the years 2022, 2023, 2024 and 2025 (4 years in a row)

Youtube

LAGOS OFFICE
50, Olonode Street (First Floor)
Alagomeji, Yaba, Lagos State, Nigeria.

© 2014-2025 Adeola Oyinlade & Co. All rights Reserved.

Privacy Policy | Terms of Use | Disclaimer

zh_CNZH
zh_CNZH
×

Hello!

Click one of our contacts below to chat on WhatsApp

% %
# 

			
			

			
			
				
			
			

		

		

				
					
				×
					Need help?
									Available on SundayMondayTuesdayWednesdayThursdayFridaySaturday