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NkyLaw, Abuja, Wuse (2026)

09/08/2026

Many people mistake the difference between BRAKE FAILURE and BRAKE BREAKAGE.

The story I shared last night about déàth from an accident and how some people argued blindly thinking they are right has prompted me to address the main cause of the confusion which is the difference between brake failure and brake breakage and their legal implications under Nigerian law.

Read between the lines so you learn, unlearn and relearn to avoid making blind arguments.

👉BRAKE FAILURE is when the brakes suddenly stopped working despite proper maintenance. No warning sign was given.

Common causes are manufacturing defect, sudden brake fluid line burst or hidden defect you couldn't reasonably detect.

Section 24 of the Crimíñàl Code Act states that, "Subject to the express provisions of this Code relating to negligent acts and omissions, a person is notcrimíñàlly responsible for an act or omission which occurs independently of the exercise of his will, or foran event which occurs by accident."

It simply means that you are NOT guilty if it was not your fault and not by your choice that the accident happened. It was a genuine accident.

The big exception there is the "Subject to...negligent acts and omissions".

This exception means that if your accident happened because you were negligent, section 24 cannot save you.

Example: Brakes broke because you never serviced the car for 3 years is a negligent omission. So you CAN be charged with manslaughter if it resulted in déàth.

Brake failure resulting in déàth is a defence to avoid crimíñàl liability if you have evidence.

Evidence that can be used to prove brake failure include:

📍Receipts from mechanic/VIO showing brake pads, fluid, rotors were checked/replaced recently. 3-6 months is strong.

📍FRSC/VIO Roadworthiness Certificate that shows that the car passed inspection recently.

📍Independent mechanic report that says "Sudden master cylinder failure / burst brake line due to manufacturing defect. No signs of wear or neglect." Photos of burst hose help.

📍Witness statement such as "The driver was not speeding. He pumped brakes and swerved. No prior noise from car."

📍No record of you complaining about soft brakes, noise, or vibration before the accident.

The goal is to show the failure was sudden, hidden, and not foreseeable.

If you can prove any of these, there will be no crimíñàl charges against you, but you might face civil action for compensation to the victim's family.

👉BRAKE BREAKAGE means the brake parts physically broke due to wear, neglect, or abuse.

Common causes are brake pads worn out to metal and ignored for months, rotor cracked because it was too thin, brake was never serviced in 2+ years or you heard grinding noise but kept driving.

The legal position is that brake breakage resulting in déàth amounts to negligence and leads to the offéñce of manslaughter.

Under section 317 of Crimíñàl Code Act, "Any person who by an unlawful omission causes the déàth of another person is guilty of manslaughter".

Driving a vehicle you knew or ought to have known had faulty brakes amounts to "unlawful omission"/negligence.

When charged for manslaughter, the outcome is life imprisonment. Also, the court may still award compensation to the family of the deceased. So you can go to prison and still pay compensation.

If you are claiming the accident was a result of brake failure when it's actually brake breakage, the police and FRSC will ask, Did you service the car? When last did you service the car? Did the car make noise, vibrate, or have soft brakes before? If yes and you ignored it, it's negligence. They will carry out their inspection on the car to ascertain whether you were negligent or it was not predictable.

You will also need to prove that the vehicle was fit to be on the road using VIO and FRSC standards for roadworthiness.

In Nigeria, the question the court asks is: "Could this déàth be avoided if the driver had acted reasonably?" If yes it's manslaughter. If no, no crimíñàl liability.

👉Does having a driver's license save the driver from liability resulting from brake breakage?

The answer is "No." Having a driver’s license does NOT save you from liability if the accident was caused by brake breakage.

Under section 317 of the Crimíñàl Code, manslaughter is about negligence, and not about whether you have a license.

Having a driver's license only protects you from harm caused by brake failure. If you don't have license and you have brake failure, it's a problem for you. You will be charged for driving without a valid driver's license.

If you drive a car that has brake breakage and you don't have a driver's license, you double your offéñce.

The bottom line is that brake failure is unpredictable and doesn't come with crimíñàl liability while brake breakage is foreseeable and comes with crimíñàl liability for negligence.

Now, if you carefully read these without operating with what you have in your head, you will understand that your arguments that the pregnant woman is not liable does not fly. Those who held this argument are arguing under "brake failure" while the poster made it clear that the wife's car brake broke (brake breakage).

Law is not as easy as you think so when you learn one aspect of law from other lawyers don't apply it generally because each case has its own facts.

One word, one phrase and one evidence makes Case A different from Case B. Lawyers don't read on the surface. We read between the lines to identify the differences. If you read between the lines of that story, you will know it didn't mention "brake failure" so why use the position of the law you learnt on brake failure to provide advice on it? The fact that you were taught about brake failure blinded your eyes that you failed to pay attention to the phrase that mentioned "brake broke" in the story.

You learnt that brake failure has no crimíñàl liability. My response to the story was about "brake breakage" which is negligence and when it results in déàth, it's manslaughter and it's not negotiable.

Remember, they say people perish for lack of knowledge but now people perish for misinterpretation and misuse of knowledge.

To all those that commented that I do not know law because I addressed brake breakage which is what the story was about instead of brake failure that ran in their minds, I pardon your stupidity.

However, ignorance of the law is not an excuse.

Visit my backup page The Legal Altar for more educative posts.

© NkyLaw

08/08/2026

Who taught Nigerians that if a person is sentenced to for example, two years imprisonment that it actually means 1 calendar year because morning is day one and night is day 2? 😃

The truth is that I actually grew up hearing this same fake information until I became a lawyer and did my findings.

Please, there is nothing like morning is Day 1 and Night is Day 2 in the crimíñàl justice system.

If a person is sentenced to 2 years imprisonment on 10 August 2026, the 2 years ends on 9 August 2028.

If a person is sentenced to 5 years imprisonment on 10 August 2026, the 5 years ends on 9 August 2031.

Nigerian law did not state that 5 years is actually 2½ calendar years.

This idea that prison years is half of calendar year came from the doctrine of REMISSION.

REMISSION means the official reduction, cancellation, or forgiveness of a crimíñàl sentence or legal penalty.

It shortens the time a person must stay in prison, but it does not erase the underlying guilt or overturn the original conviction.

If a convict is sentenced to 2 years imprisonment and while in prison, the convict is of good conduct and disciplined, his sentence can be remitted. That is, his sentence can be reduced or cancelled to set him free.

If he had spent many years awaiting trial before judgment was finally passed, the judge can order his sentence with remission.

If he was granted pardon or parole, he will leave before the complete years of imprisonment.

However, remission does not apply for some grave offéñces like terrórísm, kidñàppíñg, ràpé, àrméd róbbéry, múrdér etc.

The judge may also order that the sentence be served "without remission". In this case, the full prison term must be served and normal calendar year is used.

The bottom line is that 2 years imprisonment is actually two calendar years, except a convict is remitted through REMISSION on good conduct.

Please, learn, unlearn and relearn.

Visit my backup page The Legal Altar for more educative information.

© NkyLaw

08/08/2026

NkyLaw, my wife is currently at the police station.

NkyLaw, please I beg you in the name of everything that is important to you, please attend to me, it's very urgent. I beg you.

My wife is about six months pregnant and while she was driving, the brake of the car broke and she lost control. The car knocked a man who was standing at the junction and by the time he was rushed to the hospital, he díéd. My wife was also rushed to the same hospital because she collapsed from the shock.

She regained consciousness and the man's people have been contacted and my wife was arrested on Thursday. I have tried everything to beg them to release her but the police said they will charge her to court on Monday that I should go and talk to the man's family.

We went to see them today and we are just leaving there. It was not easy because they almost béàt us if not for the way I was crying and begging them. Later they called us and said that they will only withdraw the case if we will cover the burial cost and pay off the man's wife so she can take care of their two children and herself.

They are demanding for 3.5million for the burial and 30million, that accounts will be created for his children and the money deposited there so from there they will be paying the children's school fees and their care.

They said if we don't agree that it will go to court. I begged them to forgive but they refused. Please ma, help me. My wife is pregnant with our first child and in the police Cell. I don't know what to do because the money is too much. I am not worth more than 5 million but they said it's not enough. I asked to be paying small small but they refused.

Please ma, what do I do to get my wife out? She didn't do it intentionally. If they go to court will she be judged for múrdér? Please I am confused. Help me.

Visit my backup page The Legal Altar for more informative posts.

08/08/2026

NkyLaw, the chairman arrested my sister and others.

Good evening ma, please I have a case I want you to look into it for me, thank you. Ma'am please I need legal advice on this issue, it's actually about my sister not me.

My sister used to work in a hotel as a receptionist she and few of her colleagues where tampering with the account book and making money for themselves until someone exposed them to their chairman, though he has been suspecting them but didn't have evidence so he couldn't do anything, the person that exposed them send a voice note she had with one of my sister's colleagues, now the chairman arrested them except for one girl who had already stopped work ,tho my sister and the others are thinking the girl exposed them because after she left she was asking them to give her money but they refused because she was no longer working there not too long they were exposed,

so after their chairman arrested them he asked each of them to pay 600k each that the total money missing was 1.7m after they checked the account book,when I went to bail her they told me bail out money was nothing but 100k and that she can't be released until a deposit of half of the 600k was made, I came up with something and paid then signed an undertaking that the rest of the money will be paid ending of July bcux the police officers said the chairman said the money should not exceed July else he will arrest them and take them to prison,

2 days after they were released they were asked to come to the station, their chairman came and said the money missing is no longer 1.7m but 6m and was insisting that they must pay it or he will take them to prison because he is influencial now non of them is working because they have to always make themselves available at the station when ever they are being called and since they are not working how are they expected to save up aside that 1 month is not enough for them to raise the money because all this happened in June

Since I signed undertaking I will also be arrested if my sister can't pay. Ma please what does the law say about this matter, my sister and her colleagues are not denying the fact that they took money they just need enough time to look for work, save money and pay and too he didn't pay them the one month salary he was owing them before the arrest that later led to them stopping work..thank you ma'am

Visit my backup page The Legal Altar for more knowledge.

08/08/2026

NkyLaw, my husband is a one minute man.

Good evening wisdom goddess, please I need your advice on what to do right now.

I married my husband three years ago and he base abroad. I didn't get to meet him because I was told he is based abroad and that they should find wife for him and he will come and marry. I was told he is a good man and I agreed to marry him.

Everything happened so fast and within one month of being connected to him, traditional marriage was done. Please note that he came back to Nigeria a night before the traditional marriage and that was the first time I saw him.

After the traditional marriage which was a big one that was done by event planners, we had séx that night and that was my first time because I was a virgin before he married me. Ma will you believe that he didn't romáñce me and he just entered and in less than one minute he has released and slept off and his d*ck is small.

I was not happy because I have longed for when I will have séx, be romàñced and everything I had imagined in my head. I complained to him that I didn't enjoy my first séx and he said it's not food that he is tired.

To my surprise, he travelled back abroad two weeks after the marriage and for that two weeks he was having séx with me everyday even though he doesn't last one minute and I feel nothing because of the size.

To cut the long story short, it's been three years since he traveled back and we hardly talk after one month he left. I was staying in his duplex with his family and they always monitor my movement. They stopped treating me well saying they thought I would get pregnant but I didn't that he just wasted millions to marry me and that he doesn't come back to Nigeria until 5-7 years that I am a waste to them.

I felt lonely being married but no husband so I met this young man last year and he is serious about marrying me. The first time we had séx I was so satisfied because it was everything I had imagined and his d*ck is big the way I want it. He is the reason I am not sexúàlly starved now and he is saying he wants to marry me that I should divorce my husband.

My people are saying that I have to wait for my husband to return and his family are saying they won't collect the bride price until my husband returns and my husband is saying I cannot divorce him after what he has spent on me.

Right now I have moved out of his house. Please ma, how do I end this marriage so I can marry my new man? Must I wait for my husband to return? What if he doesn't return in another three years and I don't want to lose my new man. Please ma, advice me on what to do. God bless you ma. 🙏

My backup page is The Legal Altar

08/08/2026

A TENANT and a LICENSEE, what's the difference?

Under Nigerian law, a licensee and a tenant are treated very differently. The difference matters a lot for eviction.

🚨Who is a Licensee?

A licensee is someone who has permission to occupy a property, but does NOT have an interest in the property.

The following apply to a licensee:

👉No exclusive possession: The owner/licensor can still enter and control the property.

👉Personal permission: It’s just a personal right to use, not a lease.

👉Revocable: The permission can be withdrawn. It does not create landlord-tenant relationship.

👉No rent in legal sense: Any money paid is usually called "fees" or "charges", not rent.

Common examples of licensees are:

📍A friend staying in your house "until they sort themselves out".

📍A caretaker/security man living in the boys quarters.

📍A worker occupying company's accommodation.

📍Someone on "temporary stay" with no lease agreement.

Since a licensee has no legal right to the property they occupy, you don’t use the Rent Control/Tenancy Laws on them.

If you want a licensee to leave your property, all you have to do is:

👉 Give written notice withdrawing permission. 7 days notice is required but you can give up to 1 month depending on circumstances.

There is nothing like giving 6 months notice to quit for a licensee.

You do NOT serve "7 days notice of owner's intention to apply to recover possession" like you do for tenants.

👉 The notice should state: "Your licence to occupy is hereby revoked. Vacate on or before 15 August 2026".

👉If the licensee fails to move out, it’s treated as trespass. Then you have to file in an action in Court asking for recovery of possession and damages for trespass.

👉Get judgment in your favour. Then apply for the Court bailiffs to execute and eject the licensee.

Evicting a licensee is much faster than evicting a tenant. A licensee eviction case can take 2-4 months if uncontested while tenant eviction can take 6 months - 2 years.

Note: Self-help is not allowed for evicting a licensee. Do NOT:

- Change locks

- Cut light/water

- Pack their things outside

- Use thugs

That’s forcible entry and breach of peace under the Crimíñàl Code. You could be sued or arrested even though they’re a licensee.

🚨 Who is a tenant?

A tenant is someone who has exclusive legal possession for a term, pays rent and has statutory protection which a licensee does not have.

Tenancy laws protect tenants. Notice to quit is required to evict a tenant. It could be 6 months, 3 months or 1 month depending on the type of tenancy.

Then 7 days notice of owner's intention to recover possession and a court case.

As a person in possession, before you carry your shoulders up and claim legal rights, ask yourself, "Am I a tenant or a licensee?"

If you are a licensee, make sure you have a bank account where you are saving emergency rent so that if the owner says you are no longer wanted on the property, you have saved enough to rent a place for yourself. Plan ahead to avoid sleeping under the bridge.

The bottom line is that a licensee is someone who occupies a property for free with the consent of the owner while a tenant is someone who occupies a property as a result of payment of rent.

My backup page is The Legal Altar

© NkyLaw

07/08/2026

NkyLaw, I want them to pay for what they did to me.

Hello. Good day, the law, ma. Thank you still for all you are doing for us all for free. Please I need your quick advice on this matter because I feel it's really urgent:

Here's the raw story:

Yesterday, we ran out of cooking gas and I had to rush to a gas station to buy Gas. The seller told me that my cylinder cap valve is bad and directed me to their ticket office to buy one for replacement, which I did but because I don't have enough money with me, I had to contact my wife and she made the payment directly into the company's designated account.

Then, I quickly returned to the pump attendant and they started charging me extra ₦2k just to put in new valve which I believe ought to be normal customer care/service. I volunteered to give them ₦200 to drink pure water, but they refused, make a big deal of it and threatéñed that he'd rather put gas in the cylinder with leaking valve. I said No! And then went back to the ticket office and reported them (the pump attendants). The woman after wasting much time, call one of the attendants inside and later told me to go give them the new valve to put. It happened that they already refilled my gas while I was away to make report at the ticket office.

To cut the long story short, the guy became intentional in delaying the whole process, maliciously wasting my time and the gas they put in the faulty valved cylinder in the name of emptying it into another cylinder and having to retransfer it back to my cylinder, thinking that regardless of huge amount of gas they are carelessly releasing into the air, that I will have to carry whatever is left. I refuse to carry it like that and told them to weigh it on scale for me to confirm the quantity of gas inside the cylinder.

They claimed that their scale is not working. I then asked them to empty the gas into their own cylinder and sell another one to me directly from the metered dispenser which is what they are using to measure gas, but they still refused, saying that they are not selling to me again, emptied my cylinder and came to give me the empty cylinder with cash but I rejected it.

Gas I paid for by 4:38pm, they maliciously wasted my time till 6:20pm and said that they are not selling to me again. I got extremely pi**ed off, angrily told them to hold both the cylinder and the money and left the premise to go meet my family who are already devastated by my long absence.

But please isn't it illegal for them to dispense gas into the cylinder in the first place knowing fully well that it has leakage and is very risky? I mean can't they be threatéñed by that at least to get them to willfully agree to settle with me out of court?

I believe this is urgent because my gas cylinder and the money paid is still with the company and I have no available alternative to even warm food...
I want them to be made to pay dearly for it.
Thanks for always being there 🙏🏼

My backup page is The Legal Altar

07/08/2026

10 FACTS YOU SHOULD KNOW ABOUT YOUR BODY ACCORDING TO THE LAW

Your body, your rights. Know them before someone violates them.

1👉 You have the right to bodily autonomy.

No one can touch, treat, or operate on you without your consent, except in emergéñcies.

No one can force pregnancy or abortion on you.

2👉 You have the right to be free from torture and inhuman treatment.

No one can béàt, flôg, detain, or "discipline" you without lawful authorities such as court orders. The Constitution protects your dignity.

3👉 You cannot be forced to undergo medical treatment.

Even your spouse, parents, or religious leader cannot force drúgs, surgéry, or blóôd transfusion on you as an adult.

4👉 Ràpé and séxúàl assàúlt are crímés.

Marriage is NOT a defense. Consent can be withdrawn at any time. Ràpé in marriage is still ràpé.

You can say NO to séx, anytime, even to your spouse but with good reasons.

5👉 You have the right to reproductive health choices.

As an adult, you can access family planning, cóntràceptives, and maternal health services.

6👉 Your employer cannot force pregnancy tests or demand séx for jobs.

You can’t be sacked for being pregnant. Séx for jobs is sexual harassment and it’s punishable by law.

7👉 No one can force you to donate orgàñs or blóôd.

Orgàñ donation must be voluntary with written consent.

8👉 You have the right to refuse police search of your body.

Except with a warrant or if they reasonably suspect you committed a crimé.

Only a female police officer with warrant can search the body of a female suspect.

9👉 Female Ge***al Mutilation (FGM)/ female circumcisíóñ is illégal.

The Víóléñce Against Persons Prohibition Act bans FGM nationwide.

It's a leading cause of déàth during the process, childbirth for victims, health conditions and lack of séxúàl interest in many women.

10👉 You have the right to privacy over your medical records.

Doctors and hospitals cannot share your health information without your permission.

Know your rights, know when it's violated and when to seek for justice.

My backup page is The Legal Altar

© NkyLaw

07/08/2026

NkyLaw, am I over thinking things or I should be patient with him?

Good morning ma, please I want to share something with you so you can advise me because I don't want it to look like I am overreacting or over thinking things.

I have a boyfriend and we have been dating for like four months plus now. Before I agreed to date him he was toasting me for a long time and I refused to give in but he didn't give up so I felt he truly loves me and I later agreed. I asked him what he wants from me and he said I am his spec and that he wants us to be friends with benefits. I agreed to give the relationship a try.

But ma, I am getting tired of the relationship. For four months I cannot really say this is what he has done for me. I am not seeing the benefits at all. He doesn't give me money, no gifts and hardly takes me out. If I complain he will say that's not what we agreed on that I am taking things too far. It's only food that I can say I benefit from him. Everytime we meet he always want séx. If he comes to my house or I visit him it's séx and I am not seeing the benefits of the relationship.

Please ma, I am beginning to feel like he is not taking me seriously and I want to quit the relationship. I am 25 years old and he is 33 years old and has money but stingy. Ma should I quit or be patient? I want something that will lead to marriage.

My backup page is The Legal Altar

06/08/2026

10 QUESTIONS TO ASK YOUR LANDLORD BEFORE YOU PAY RENT

Don’t lose your money because you were in a hurry to "secure" the apartment.

Before you transfer that rent, agency, legal and caution fee, ask these 10 questions:

1👉Is the house truly yours to rent?

Ask for proof of ownership or landlord authorization. Avoid "caretaker" scàms.

2👉How many tenants share the compound/toilet/kitchen?

What looks like "self-contain" in photos can be 4 people sharing 1 toilet.

3👉How much exactly is the rent and what does it cover?

Is NEPA, water, waste disposal, security included or separate?

4👉 What are ALL the other charges?

Agency, agreement, legal, inspection, caution. Get the full breakdown in writing.

5👉How long is the tenancy and renewal terms?

1 year? 2 years? Will rent increase on renewal? By how much?

6👉Who handles repairs?

If the roof leaks or toilet spoils next month, who pays?

7👉What’s the NEPA situation?

Estimated bill or prepaid? Average monthly bill? Any outstanding debt?

8👉Are there estate/area rules I should know?*

Gate closing time, visitors, business, pets, generators, parking.

9👉Why is the last tenant leaving?

This one reveals a lot. Noise, landlord wahala, flooding, etc.

10👉Can I get everything in a tenancy agreement?

If it’s not written, it does not exist. Insist on a proper agreement.

Note: Never pay into a personal account without a receipt. Always get and keep receipts.

The cheapest apartment can be the most expensive mistake.

Don’t let desperation make you make a ₦2million mistake.

My backup page is The Legal Altar

© NkyLaw

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