Legal Principles

24/09/2025

What is the position of the law on "No refund after payment" policy?
In law, a “No refund after payment” policy is not absolute. Its validity depends on consumer protection laws, contract principles, and the circumstances of the transaction.

*Consumer Protection Framework
The Federal Competition and Consumer Protection Act (FCCPA) 2018 governs consumer rights in Nigeria. Section 120 & 122 FCCPA provides that Consumers are entitled to refunds or replacements if goods are defective, unsafe, or do not match their description.
Section 129 FCCPA: Unfair contract terms—such as those that seek to exclude liability for defective goods—are prohibited.
This means a blanket “no refund” policy cannot override statutory consumer rights.

*Contract Law Principles
Under the Law of Contract, once parties agree to terms (including “no refund”), it is generally binding. However, Nigerian courts will not uphold clauses that are unconscionable, unfair, or against public policy.
If the goods or services provided are defective, not delivered, or fundamentally different from what was agreed, the consumer can legally demand a refund notwithstanding the policy.

*Sector-Specific Laws
Sale of Goods Act (applicable in some states): Implies conditions and warranties into contracts of sale, including that goods must be fit for purpose and of merchantable quality. Breach gives rise to a right to reject goods and claim a refund.

Central Bank of Nigeria (CBN) Regulations (for financial services): Require banks, fintechs, and payment providers to reverse wrongful or failed transactions.

*Judicial Attitude
Nigerian courts tend to protect consumers against exploitative practices. A “no refund” sign or receipt is generally treated as a notice rather than an absolute bar to refunds.
If a consumer proves fraud, misrepresentation or breach of implied terms, courts will compel a refund despite such a policy.

In Nigeria, a “No refund after payment” policy cannot lawfully override statutory consumer rights. It can enforceable only where the goods/services delivered conform with the contract or there is no defect, misrepresentation, or breach exists, and the policy is not unfair or contrary to public interest.
If any of these fail, the consumer is entitled to a refund despite the policy.

19/06/2025

Writing a Will Is Not a Death Sentence, It's Wisdom.

In Nigeria, many people shy away from writing a Will because of the belief that it's an invitation to death as if planning your estate means you're ready to die. But the truth is, writing a Will does not hasten death. It prepares you for life beyond now.

Every responsible person whether wealthy or not should have a Will. It's not just for the rich. It's basically for:

*Protecting your children and spouse

*Ensuring your wishes are respected

*Preventing family conflicts and legal battles

Dying without a Will means the law decides what happens to your property and not you.

Let’s change the narrative. Writing a Will is not a curse. It’s a gift of peace to your loved ones.

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19/06/2025

Why You Should Write a Will Today

Death is inevitable, but confusion over your estate doesn't have to be. A Will is a simple but powerful legal document that ensures your wishes are respected after your passing.

Without a Will, your loved ones may face delays, disputes, or costly legal battles. The law will decide who gets what and it may not be what you would have wanted.

Writing a Will:

*Protects your family and dependents

*Ensures your property goes to the right people

*Allows you to appoint guardians for your children

*Gives peace of mind while you're still alive

Don't leave your legacy to chance. Write a Will today.

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26/05/2025

A fundamental principle of law is impeded in a Latin Maxim “Ignorantia juris non excusat” – Ignorance of the law is no excuse.

This principle means that a person cannot escape liability simply because they were unaware that their actions were against the law. Whether in criminal or civil matters, every person is presumed to know the law, and this presumption is strict in Nigerian jurisprudence.

It's often used to prevent people from avoiding legal consequences by claiming they didn’t know the law existed.

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25/05/2025

The Right to Remain Silent – Section 35(2) of the 1999 Constitution

Many Nigerians don’t realize this, but:

You have a constitutional right to remain silent when arrested.

What the Law Says:

Under Section 35(2) of the Nigerian Constitution:

“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his choice.”

What This Means:

You don’t have to speak to the police or make any statement after arrest unless you’ve spoken to your lawyer.

Any confession made without legal advice or under duress can be challenged in court.

Why It Matters:

This right protects people from self-incrimination and from being coerced into confessions — a common issue in Nigerian police practices.

18/05/2025

The importance of writing a Will cannot be overemphasised.

Why Every Nigerian Needs a Will A will is a legal document that lets you decide what happens with your estate after you die. Yet, according to a recent survey, about 4 in 5 Nigerians don’t have a w…

12/05/2025

The Economic Community of West African States (ECOWAS) Court of Justice has reiterated its steadfast dedication to safeguarding the rights o...

13/04/2025

Press Statement Hcrc's Position on the Supreme Court Judgment in the Case of Sunday Jackson On March 7, 2025, the Supreme Court of Nigeria...