SUPREME COURT OF NIGERIA GIVES REASONS FOR AFFIRMING MANDATORY USE OF NBA STAMP & SEAL ON LEGAL DOCUMENTS

On Friday November 14, 2015, the Supreme Court of Nigeria gave reasons for its decision made on October 27, 2015 to allow the cross-appeal in Appeal No. SC/722/15 All Progressives Congress (APC) V. General Bello Sarkin Yaki. The Court’s decision arose out of the 2nd Cross-Appellant’s Cross appeal against the decision of the Court of Appeal, Sokoto Division which summarily dismissed the 2nd Cross-Appellant’s preliminary objection challenging the competence of the Appellants’ Notice of Appeal for failure to bear the stamp/seal of the legal practitioner who signed it as stipulated by Rule 10(1) of the Rules of Professional Conduct for Legal Practitioners, 2007.

Credit - abrahamthompsonsandco.com 

In the lead judgment of the Court delivered by Nwali Sylvester Ngwuta JSC, the court held that such a process even though signed and filed is not null and void or incompetent like the case of a court process so signed in the name of corporation or association (even of lawyers). The court held that such a document even though signed and filed is not proper in law for the reason that the condition precedent for its proper signing and filing has not been met. The court also held that such a document is ‘akin to a legal document or process filed at the expiration of the time allowed by the rules or extended by the court’.

Particularly the court per Ngwuta JSC, held that ‘in such cases the filing of the process can be regularised by extension

THE NEED TO REPEAL THE LAND USE ACT 1978

POSITION PAPER ON THE NEED FOR THE REPEAL OF THE LAND USE ACT 1978.

Introduction:
Human society the world over is heavily dependent on land and its resources. It is not an overstatement to say that without land there would be no human existence. This is because it is from land that man gets items very essential for his survival such as food, fuel, clothing, shelter, medication and others.

According to Omotola J. Learned Professor of Law;
“Every person requires land for his support, preservation and self actualization within the general ideals of the society. Land is the foundation of shelter, food and employment. Man lives on land during his life and upon his demise, his remains are kept in it permanently. Even where the remains are cremated, the ashes eventually settle on land. It is therefore crucial to the existence of the individual and the society. It is inseparable from the concept of the society. Man has been aptly described as a land animal.”

SUMMARY OF THE LAND USE ACT ( DECREE) OF 1978

Introduction

From time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. It is a source of wealth to those who have it and the mother of all properties. In other words, virtually all the basic needs of human existence are land dependent. In view of the importance and usefulness of land to

AN OVERVIEW OF HOTEL AND CATERING LAW

The hotel and catering industry is one the world’s fastest growing industry and revenue earner. It has developed rapidly over the last decade and employs approximately 10% of the world labour force. The hotel industry is an essential part of tourism. With the growth in tourism, hotels have seen rapid expansion as well. The standards of hotels are rising and trained professionals are in great demand.

Hotels are establishments that provide paid accommodation and other services to guests. Hotels have come a long way and developed into a specialized business sector. The aspect of law regulating the hotel and catering industry is generally known as hospitality law. Hospitality law is the body of law relating to the foodservice, travel, and lodging industries. It governs the specific degrees of hotels, restaurants, bars, spas, country clubs, etc. Hospitality law does not just involve one area of law.

LAND USE (VALIDATION OF CERTAIN LAWS, ETC) ACT OF 1979

Land Use [Validation of Certain Laws, etc.] Act of 1979 :

- Regularizes the issuance of regulations by state governments pursuant to the Land Use Act.

- All laws and subsidiary legislation made at any time between the commencement of the Land Use Act and 30 September 1979 by any public officer of a state shall be deemed to have been validly made and shall have effect as if they had been made under or pursuant to the Land Use Act and accordingly, shall hereafter continue to have effect according to their tenor and intendment as if they were regulations made under or pursuant to Section 46 of that Act.

- All contracts and all executive, judicial and any instrument or other evidence relating to the allocation of any land, whether or not expressed to have been made under the Land Use Act, shall be deemed to have been validly issued or given under or pursuant to that Act and shall continue to have effect.

Credit - pulse.ng 

WHY ANTI LAND GRABBING LAW WILL WORK IN LAGOS STATE

Deputy Majority Leader,Lagos State House of Assembly, Mr. Olumuyiwa Jimoh, who is representing Apapa II, speaks to Vanguard on the newly enacted law criminalising land grabbing in the state.

What is the significance of the land grabbing law?

The land grabbing law is important in so many ways. Hitherto, there was a law that addressed the issue of land grabbing but not directly the way this particular law has done. We had Lagos State Criminal Procedure Law, which is general but considering that Lagos is a megacity and the rate of demand for land and property, we needed to address the problem. We discovered that there is a cartel, which has become so sophisticated in grabbing other peoples’ lands. That is what prompted the House to pass the law addressing directly the issue of land grabbing in Lagos and the law was well accepted by the people because it addresses the fundamental issues. There have been series of controversies between land owners or buyers or people invading another person’s land and with this law, it means that if you get land adequately receipted and documented, it will be difficult for anybody to confiscate your land because the issue of land grabbing has always been there from creation. Though there was a law that addressed the issue, but that very law was too general because it addresses all other criminal matters in totality. But this very law was specific on land grabbing, that is why it is an offence to invade other peoples’ land in Lagos.

LAND USE ACT (DECREE) OF 1978

Land Use Act [Decree] of 1978, Chapter 202 Laws of the Federation of Nigeria:
- Addresses four important issues arising from the former land tenure systems in the country: the problem of lack of uniformity in the laws governing land use and ownership; the issue of uncontrolled speculation in urban land; the question of access to land rights by Nigerians on an equal legal basis; and the issue of fragmentation of rural lands arising from the application of traditional principles of inheritance and/or population growth and the consequent pressure on land.

- It approaches these issues via three related strategies: the vesting of proprietary rights in land in the State; the granting of usufructuary rights in land to individuals; and the use of an administrative system rather than market forces in the allocation of rights inland.

DISCREPANCIES / GAPS BETWEEN STATUTORY AND CUSTOMARY LAWS

Although the Married Women’s Property Act of 1882 gives women married under statutory law the right to acquire, hold or dispose of property and the Matrimonial Causes Act provides that they have a share of family property in the event of divorce on equity grounds, women are unable to enforce property rights in a court of law because of ignorance of such rights, lack of financial security and the fear of antagonizing their in-laws.

Women married under customary law do not have equal rights in matters of marriage, dissolution, inheritance and right of property.

Women can own land if they buy, inherit or are given it by their husbands; however, they lose the right to farm lands upon divorce.

Although statutory laws exist to outlaw some of the many discriminatory customary and religious practices, such as female genital mutilation or purdah, in practice, enforcement is negligible.

Although women might inherit property from their deceased husband through statutory law, in most cases, property is distributed among the husband’s dependants in accordance with the customary law applicable to him before he died.

RIGHT TO INHERITANCE

In most parts of Nigeria, female children are still discriminated against on issues of inheritance. With the decision in Mojekwu v. Mojekwu, in which the Court of Appeal declared the ‘oli-ekpe’ custom of Nnewi which permits the son or the brother of a deceased person to inherit his property to the exclusion of his female children as discriminatory, it was expected that discrimination against women and the girl child on the issue of inheritance would end. This is definitely not the reality, probably because the decision has not gained nationwide popularity and poverty prevents women from going to court to assert their rights.

SUPREME COURT RULES IGBO GIRLS CAN INHERIT PROPERTY

The Supreme Court recently delivered a landmark judgment that will alter the domination, subjugation, discrimination and humiliation suffered by women in Igboland from time immemorial. In the judgment, the apex court voided the Igbo law and custom, which forbids daughters from inheriting their late fathers’ estate. The Court declared that the tradition is discriminatory and conflicts with the provisions of the Nigerian Constitution.

The court held that the practice conflicted with Sections 42(1)(a) and (2) of the 1999 Constitution of the Federal Republic of Nigeria on the fundamental freedom from discrimination granted every Nigerian. The judgment was on appeal marked: SC.22/2014 filed by Mrs. Lois Chituru Ukeje (the wife of the late Lazarus Ogbonna Ukeji) and their son, Enyinnaya Lazarus Ukeje, against Mrs. Gladys Ada Ukeje, the deceased’s daughter.

CUSTOMARY NORMS, RELIGIOUS BELIEFS AND SOCIAL PRACTICES THAT INFLUENCE GENDER - DIFFERENTIATED LAND RIGHTS

• There are as many customary laws in the country as there are communities. In most communities, women are not entitled to land in their own right under the customary law that operates in most of the indigenous areas.
• Three marriage types are recognized in the country: customary, religious and civil law marriages. In customary law marriages, the wife is often regarded as the man’s property and she is generally not expected to entertain any measure of equality in whatever form. She cannot avail herself of the benefits enjoyed by a woman married under the Marriage Act. Upon her husband’s death she is more likely to be dispossessed. This is not the case with a man who upon the death of his wife inherits all of her properties.

  

  Credit - newcenturyindialaw.blogspot.com 

  
  

INHERITANCE / SUCCESSION DE FACTO PRACTICES

Almost all ethnic groups practise patrilineal inheritance. Upon a man’s death, land may be divided among his male heirs or passed down solely to the eldest son, depending on the community practice. If a man has multiple wives, his land is divided equally among the wives and passed down to their sons. Women rarely inherit land, usually only if there are no male heirs. Inheritance is by far the most common mode of land acquisition among rural people.

A case study in the Enugu area reported that the most common channel through which women household heads acquired property was through inheritance from their spouses. When there was no will, women’s inheritance rights were governed by the type of marriage, customary or statutory, that was contracted between spouses. Very often it happened that the properties of the deceased were distributed among his dependants in accordance with the customary law applicable to him before he died. In most cases, these customs were unfavourable to women.

INHERITANCE LEGAL MECHANISMS

Under the Marriage Act of 1990, in the event of the death of her husband intestate, a woman is entitled to a certain percentage, at least one-third, of the deceased’s estate.

Credit - womenshistory.about.com 

- The Administration and Succession [Estate of Deceased Persons] Law of 1990 Cap. 4, Revised Laws of Anambra State Volume 1 provides that in no case shall a wife or the daughters of a deceased not get what they are entitled to receive merely because they are women.

WOMEN'S PROPERTY AND USE RIGHTS IN PERSONAL LAWS

‎The system of marriage laws, which includes customary, Islamic and statutory marriage, has resulted in a plurality of legal provisions and precedents regarding property rights and inheritance.

Married Women’s Property Act of 1882:
- Under statutory marriage, the Act gives women the right to acquire, hold or dispose of property acquired before or after marriage. Upon divorce, women’s rights may be enforced through the court processes.

FEDERAL HOUSING AUTHORITY (FHA)

‎Background

The Federal Housing Authority (FHA), a wholly owned agency of the Federal Government of Nigeria, was established vide Decree 40 of 1973 now cited as Act CAP F-14 Laws of the Federation of Nigeria 2004. The Authority is supervised by the Federal Ministry of Lands, Housing and Urban Development. The Authority which became partially commercialized in accordance with Decree No 25 of 1988 is charged with:

• The preparation and submission from time to time, to the Government of proposals for National Housing Programmes;
• The making of recommendations to the Government on such aspects of urban and regional planning, transportation, communication, electric power, sewage and water supply development as may be relevant to the successful execution of housing programmes approved by the Government; and
• The execution of such housing programmes as may be approved by the Government.

PROVISIONS OF THE LAGOS STATE PROPERTIES PROTECTION LAW 2016

Though not restricted to the commercial city of Nigeria, Land grabbing has always been a big issue in Lagos state. Property investors were not protected under the law and were being taking advantage of by the popularly called “Omo Onile”, meaning in loose terms “Children of the land” and their sponsors, or privileged individuals who used force, threats and sometimes violence to unscrupulously take possession of land or property belonging to other persons. It is common to see or hear of a crowd of young men gather at the sites of undergoing private construction demanding for unaccountable levies and fines.

To say, these unlawful actions have plagued the real estate industry in Lagos and other parts of Nigeria, is to put it mildly. Sometimes, law enforcement agencies are also powerless to aid or act in certain situations. The property divisions of the law courts are filled with claims bothering on forceful and unlawful possession of land or property and have been in court for quite some time.

SIMILARITIES BETWEEN MORTGAGE DEBENTURE AND MORTGAGE

Mortgage implies a debt and a personal obligation by the mortgagor/borrower to pay it. If there is a covenant or bond for the repayment of this debt, then it is a speciality debt but if it is not, it is a simple debt. See SHIRU V. BARCLAYS BANK OF NIGERIA (1975) NMLR 148.    

One of the essential elements of mortgage is the equity of redemption. A mortgagor/borrower has the right to redeem his property that is in possession of the mortgagee by paying to the mortgagee the principal money and interest. The rate of interest to be charged by a mortgagee is now regulated in Nigeria by the Central Bank and no mortgagee can impose arbitrary rate of interest on the mortgagor.

It is not only a freehold property that can be mortgaged, a leasehold property can also be mortgaged but in some cases, the consent of the lessor must be obtained to the transaction and if there is any default on the part of the mortgagor his unexpired residue in the leasehold property with the consent of the lessor can be assigned by the mortgagee/lender to a third party. See TRANS ATLANTIC COMPANY V. BANK OF THE NORTH (UNREPORTED) SUIT NO 1/7/35/91.

DISCHARGE OF MORTGAGES

The discharge of a mortgage means that the loan plus interest has been redeemed. The mortgagee/lender is ready to release the property and return to the mortgagor documents deposited as security. The discharge of a mortgage terminates and releases the mortgagor from his obligations under the mortgage.The mode of discharge of a mortgage depends on the type of mortgage and how it was created.That is:

MORTGAGE BY COMPANIES

Section 166 of the Companies and Allied Matters Act provides that:

“a company may borrow money for the purpose of its business or objects and may mortgage or charge its undertaking, property and uncalled capital or any part thereof and issue debentures, debenture stock and other securities whether outright or as security for any debt, liability or obligation of the company or of any third party. This is done in the following ways:

COVENANTS BY THE MORTGAGOR

The mortgage should include all covenants on the mortgagor’s part as follows:

1.Punctual payment of interest

2.Insurance

3.Provisions for borrower not to redeem for certain term

4.Consolidation

5.Leasing by the mortgagor

6.Repair