Idia

02/09/2025

Disadvantages of Buying property in the name of a child during a statutory marriage.

Legal Ownership Issues: If property is purchased in the child's name, legal ownership may shift. In the event of divorce or separation, the property may be viewed as belonging solely to the child, complicating equitable distribution of assets.

Guardianship and Control: Parents may lose some control over the property as children reach adulthood. For instance, if a child is 18 or older, they may have the legal right to make decisions about the property, including selling it without parental consent.

Financial Implications: If the property is valued at a high amount, it may affect the child's financial aid eligibility or lead to difficulties in securing loans in their name in the future due to increased assets.

Inheritance Issues: Property owned in a child's name may complicate inheritance matters, especially if there are multiple children or if the parents decide to leave the estate to others.

Liability Risks: If the property is rented or has tenants, any legal issues (like tenant disputes) may directly affect the child, especially if they are not yet mature enough to handle such responsibilities.

Marital Property Laws: In a statutory marriage, any property acquired during the marriage is typically considered joint property. Registering property solely in the child's name could lead to disputes over what constitutes marital property.

Lack of Legal Recourse: If the child is a minor at the time of purchase, they may not have the legal capacity to enter into contracts, leaving parents vulnerable if disputes arise concerning the property.

Impact on Child's Future: Ownership of substantial assets at a young age could create undue pressure or stress for the child, complicating their financial and personal development.

Difficulty in Transferring Ownership: Future transfers or sales of the property may require interventions from guardians or legal representatives, introducing complexity in the handling of the property.

02/09/2025

Why you should purchase property in the name of your children during a statutory marriage.

Here are the benefits:

Protection of Assets: Transferring property ownership to a child safeguards it from marital property designation.

In divorce or dispute cases, this ensures the asset remains with the child.

Estate Planning Benefits: Buying property in a child's name is a strategic estate planning move.

It enables parents to secure their children's futures, ensuring hassle-free inheritance.

Wealth Building for the Child: Property ownership provides a valuable asset for the child's future.

It lays the foundation for wealth accumulation, benefiting them in education, business, or home purchases.

Teaching Financial Responsibility: Granting property ownership educates the child on financial management, ownership responsibilities, and real estate value.

Securing a Future for the Child: Acquiring property in a child's name provides financial security for their future.

Easier Access to Loans: Property ownership may enable the child to secure loans or mortgages, facilitating business or personal ventures.

Potential Rental Income: Income-generating properties provide a revenue stream for the child's future education or needs.

Less Competition for Inherited Assets: Property ownership in a child's name reduces potential inheritance conflicts.

Creating a Legacy: Buying property in a child's name contributes to a preserved family legacy, ensuring passed-down wealth.

Reduced Legal Complications: Property ownership by a minor simplifies legal claims and ownership matters compared to jointly owned spouse property.

01/09/2025

How to adopt a baby
There are several steps and legal requirements. Here’s a general guide on how to navigate the adoption process in Nigeria:
Understand the Types of Adoption. We have Local Adoption: Adopting a child from Nigeria.
Inter-country Adoption: Adopting a child from Nigeria while residing in another country.

Check Eligibility Requirements
Generally, the adopters must be at least 25 years old and at least 15 years older than the child being adopted.
You need to be a resident of Nigeria or a Nigerian citizen.

Find an Adoption Agency
Research and select a registered adoption agency or a social welfare office in Nigeria. Ensure that the agency is licensed and follows ethical practices.
Prepare Required Documentation
You will typically need to provide:
A completed adoption application form
Identification (e.g., birth certificate, passport)
Marriage certificate (if applicable)
Financial statements proving your ability to care for a child
Medical examination results
Home study report from a certified social worker
Home Study
Undergo a home study conducted by a qualified social worker or adoption agency. This process evaluates your home environment and suitability to adopt.

Attend Adoption Training.
Some agencies may require you to attend pre-adoption training sessions. This can prepare you for the challenges of adoption.
Wait for a Placement
Once your application is approved, the agency will match you with a child. There may be a waiting period based on availability.
Legal Process
Upon placement, you will need to file for legal adoption in court. This process typically includes:
- Filing a petition for adoption
- Attending court hearings
- Obtaining a court order that grants legal custody of the child to you

01/09/2025

To protect your property in Nigeria, it is essential to take the following legal measures:

Ensure your property has a valid title deed registered with the relevant land registry, serving as proof of ownership.

Familiarize yourself with the Land Use Act of 1978 and ensure compliance with local regulations.

Obtain a Certificate of Occupancy, which certifies your rights to use the land for a specified period.

Conduct thorough due diligence before purchasing property to uncover any existing disputes or legal issues.

Engage a lawyer specializing in property law to navigate legal processes and manage disputes.

Consider property insurance to cover potential damages or liability.

Physically secure your property and register any mortgage or leasehold interests with the land registry.

Build good community relations and be vigilant against land grabbing.
In case of disputes, consider mediation or alternative dispute resolution methods.

Regularly monitor your property for unauthorized activities and stay updated on developments in property law and land use policies in Nigeria.

01/09/2025

The mere fact of being present at the scene of a crime is not a crime unless Intent is established:

Proof of intent to commit or assist in the crime.

Action: Evidence of participation in the crime.

Possession of tools or stolen goods: Possession of instruments or stolen goods may indicate involvement.

Witness testimony: Testimony that the individual was involved.

Circumstantial evidence: Other evidence indicating motive or opportunity.

01/09/2025

Legal implications of a master failing to fulfill their obligation to settle a servant (employee) at the end of a fixed term contract can vary depending on several factors, including the terms of the contract, applicable labor laws, and the specific circumstances of the case.

Breach of Contract: If the master (employer) had a contractual obligation to settle (which typically means providing payment and possibly other entitlements like benefits, severance, or references) and fails to do so, this can be considered a breach of contract. The servant (employee) may be entitled to seek damages for any losses incurred as a result of this breach.

Labour Laws and Regulations: Nigeria has various labor laws, including the Labour Act and the Employment (Miscellaneous Provisions) Act, which provide protections for employees. If the settlement is related to entitlements outlined in these laws, the employee may have grounds to claim their rights under these statutes.

Remedies: The employee may pursue various remedies, such as:

Damages: Compensation for the loss suffered as a result of the employer's failure to settle.
Specific Performanc: In some cases, the employee may seek a court order compelling the employer to fulfill their contractual obligations.

Injunctions: If the employer's actions are harmful or unlawful, the employee may seek an injunction to prevent further harm.

Termination without Cause: If the master’s failure to settle the servant relates to an early termination of the contract, the employee might have a claim for unfair dismissal, particularly if they were not provided with the necessary notice or compensation as required by law or contract.

Dispute Resolution: Depending on the employment contract, there may be a requirement for mediation or arbitration before taking legal action. The employee should check the contract for any dispute resolution clauses.

Claiming Against Employer: In Nigeria, employees can approach industrial courts or labor tribunals for redress against employers who fail to comply with their legal and contractual obligations.

01/09/2025

What to do if you are arrested
Stay Calm & Respectful

Do not resist arrest (even if it feels unlawful).

Stay polite; arguing or fighting may worsen the situation.
Remain silent (you are not forced to answer questions).

Right to be informed of the reason for arrest immediately.

Right to consult a lawyer and have them present during questioning.

Right to bail for most offences (except capital crimes like armed robbery, terrorism, murder).

Right to be brought before a court within 24–48 hours.

Ask Key Questions

“Why am I being arrested?”

“Which station am I being taken to?”

Note the officer’s name, badge number, or vehicle plate.
Contact Someone Immediately

Call a family member, lawyer, or trusted person.

If you don’t have a lawyer, request the Legal Aid Council of Nigeria.

Do Not Self-Incriminate

You are not obliged to write or sign any statement without your lawyer.

29/08/2025

Changing one's good to bad is a seed sown that must be reaped at the appropriate time. 💡🌱🕰️

29/08/2025

Steps to Write a Valid Will Before Marriage
1. Title the Will: Clearly state it's your "Last Will and Testament".
2. State Your Identity: Full name, address, and that you're of sound mind.
3. Mention Intention of Marriage:
“This Will is made in contemplation of my intended marriage to [Full Name of Intended Spouse]."
4. List Executors: Choose trustworthy individuals to carry out your wishes.
5. List Beneficiaries and Assets: Be specific to avoid ambiguity.
6. Sign with Witnesses: Two witnesses must be present, and they must not be beneficiaries.
7. Safe Storage: Keep it in a safe place or register it with a probate registry or your lawyer.

29/08/2025

Writing a will before marriage is not only possible, but it can be a very wise decision, especially if you have assets, children from a previous relationship, or specific wishes for how your estate should be handled.
Here’s what you need to know and consider: Why Write a Will Before Marriage?
1. Asset Protection: To ensure your existing assets are distributed according to your wishes and not automatically shared with your future spouse under inheritance laws.
2. Children from Previous Relationships: To secure the interests of children or dependents who may not be automatically protected after marriage.
3. Prevent Family Disputes: A clearly written will reduces the risk of conflict among family members or in-laws.
4. Personal Autonomy: You may have personal or religious reasons to dictate how your estate should be divided.
5. Inheritance Laws May Change: In Nigeria, customary, Islamic, and statutory laws differ in how estates are administered. Marriage can shift how your estate is treated.
Legal Considerations in Nigeria
1. Marriage Revokes a Will: Under Nigerian statutory law (particularly the Wills Act of 1837 and Wills Law of various states), a will made before marriage is automatically revoked once you get legally married — unless it was made in contemplation of that specific marriage.
So, if you're making a will before marriage:
It must include a statement that it is being made in contemplation of marriage to [Name of Spouse].
Otherwise, the will becomes void when the marriage takes place.
2. Types of Marriage and Impacts:
Statutory Marriage (under the Marriage Act) affects how property is inherited.
Customary or Islamic Marriages might not revoke a will, depending on interpretation and jurisdiction, but it’s best to still explicitly state your intention in the will.
3. Testamentary Freedom: In Nigeria, you have broad rights to distribute your estate as you wish under the will, unless it conflicts with customary or Islamic inheritance rights, which can override certain aspects depending on your background.

29/08/2025

In Nigeria, when a landlord sells a property that is currently occupied by a tenant, several important legal and practical principles apply. Here's what you need to know as a tenant:
1. Sale Does Not Terminate Tenancy
The sale of a property does not automatically terminate your tenancy. Nigerian tenancy law recognizes the principle of “purchase subject to tenancy.” This means:
The new owner inherits you as a tenant.
Your tenancy continues under the same terms and conditions of your existing lease or tenancy agreement.
You are not obligated to vacate the premises simply because ownership has changed.
2. Your Tenancy Agreement Remains Binding
If you have a written tenancy agreement:
That contract remains valid and enforceable.
The new landlord must honor the terms, including the duration, rent, and notice period.
You must continue paying rent, now to the new owner (once notified officially).
3. Notice to Quit Still Required
If the new landlord wants you to vacate:
They must issue a proper notice to quit, depending on your tenancy type (monthly, yearly, etc.).
Monthly tenant: At least 1 month’s notice
Yearly tenant: At least 6 months’ notice
If you refuse to leave after the notice period, the landlord must seek a court order before eviction.
4. You Cannot Be Evicted Without Due Process
Under Nigerian law, self-help eviction is illegal. This means:
The landlord cannot change locks, remove your property, or harass you to leave.
Only a court can order your eviction, and only after proper notice and proceedings.
5. You Should Be Formally Notified of the Change
The new owner (or former landlord) should:
Notify you formally and in writing of the sale.
Provide details about the new landlord, including how and where to pay rent.
6. What You Should Do as a Tenant
Continue paying rent to the rightful owner (after confirmation).
Request formal notification of the sale.
Keep records of all rent payments and correspondence.

If pressured to leave unfairly, consult a lawyer.

29/08/2025