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ASK YOUR QUESTIONS HERE

edited March 2013 in General

Dear All,

Babade and I have recently been assigned to assist with the forum.  We both have legal training and we will be happy to answer any questions you may have on any constitutional issues.  I have read through the forum and I am glad that a lot of us still care enough about our Nation to suggest reforms and a way to a better future.  Again, you can ask any and all questions in this discussion and we will answer them as best we can and as quickly as possible.

 

 

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Comments

  • Good evening,please i would love to know the position of the law about landlord and tenancy agreement.my landlord is restricting my movement by locking the entrance i used often because he does not want me in the house but my rentage is still active,what do i do because i cant do anything without the locked gate?
  • edited March 2013
    Dear concerned citizen/s.

    Q1. Hw can one earning N12,000. 00 or less must survive wt pure hands in the midst of people earning huge like N100,000. 00 or above. Where we live in very similar 'cost of living'? (this may be the booster of robbers, kidnappers & some other)
    Q2 why by our constitution, the incubents electorates shld not be disturb for their offence? (this may be a chance for d bad one to close door against his trace).
  • Hi Gentle Genius,

    Your Landlord is very wrong.  He is interfering with your enjoyment of the property which is a breach of an implied term in your lease.  He is meant to wait till your rent expires and give you a notice to quit the property.  That is the position of the law.

  • Hi Ebbira,

    The economic situation is not one that can be helped.  Sadly.  However we must rely on the good in each and every one of us to strive for better days and run our own race regardless of the wealth that surrounds us.

    As to your second question, the immunity of the executive does not extend to all elected officials.  Only the President and his vice and the Governors and their vices.  You can legitimately prosecute a legislator for any crimes they commit or sue for any civil wrongs done to you.

    As for the reason for the immunity clause, it is necessary to protect the image of a sovereign which the president is supposed to bear.  Sadly this has been exploited as an opportunity for corruption but in the hands of the right leaders, immunity is an asset.

     

  • Hi, Oladimeji,
    As Regard To Ur Responce To My 1st Q.
    How our Nigeria Economic status not helpful?
    I think it may sound if agreed with,
    Salary, is to retreat to encourage field workers (ie: technicians & agriculturist, that accommodated the highest ratio by non government workers) than office workers.
  • I start by thanking gentle genius and EbirraAjayi1 for the question and your follow up question. I also state that I agree with Oladimeji regarding the answer to the initial question.

    I am of the opinion that the government has made some efforts regarding workers wages and salaries though much is still desired. There is a National Minimum Wage Act, 2011 which prescribes N18,000 (clear of all deductions) as the minimum wage of workers.

    I am aware there is also a bill before the National Assembly for the prompt payment of salaries. Late payment of salaries will henceforth become unlawful.

    There are various schemes put up by the Federal Government to assist those in the agricultural sector. There are free fertilizer distribution schemes, agricultural loans amongst others.

    Though little has been done, much is still left to be desired. There is a need to increase the minimum wage and make favourable policies for indigenous business owners. Truly, much still has to be done. Suggestions are also welcomed in this regard.
  • My dear fellow concerned Nigerians,
    Oladimeji & Babade, thank u very much.
    Our problem, particularly in Agricultural unit, is How legs & toes shouldn't be deprives of our Nigeria bathing water.

    It is impossible to realize our lost items if the one who pocket them' now the one looking for them. & it only work in the past appointed a thief as security officer, this time all will lost.
    As a result, govert should prepared to followup the delivery of every message in appropriate measure.
  • My ppl,
    is there any possible way out for our fresh graduates over this lenght of time working experience always demanding for ,along job seeking?
  • My brother, it has become a growing concern that many employers seek for related working experience before employing young graduates. There is a query that if every employer seeks work experience, who will give such employees the work experience needed?

    Legislation in reaction to this might not be a bad idea (though it may have its antecedent consequences). I think the best is for undergraduates to avail themselves of internship opportunities in related fields during their holidays while in the university. This would make them have a certain degree of work experience. Also, positive extra-curricular activities are recommended for undergraduates.

    For fresh graduates, as Robert Kiyosaki Said, "When young, work to learn, not to earn". One can look for a related field to work, not necessarily to earn but basically to learn. After acquiring experience, the individual can then move to a place where he can earn as needed.

    This is my opinion on the above raised matter.
  • Imagine for the past nine moths there is no light in my area, the fault emanated from the transformer that burned, since then we're in black out, despite all appeal to the government no transformer was given until the community formed a committee that made it mandatory for every households to pay the sum of ten thousand naira #10,000
  • Hi..every 1 am just new here i hv a question 2 ask u people.. who was d president of nigerian in 1960
  • Mr president sir what is the benefit of ordinary man in nigeria and the r
    est citizen of nigeria
  • Gud, the answer to your question can be presented thus: At Independence, Nigeria was not fully free from her colonial ties until she became a republic on 1st October 1963 with Dr. Nnamdi Azikwe being the first president of Nigeria. Thus, from 1st October 1960 to 16th November, 1960, Sir James Wilson Robertson was the Governor General of Nigeria and from 16th November, 1960 to 1st October 1963, Dr Nnamdi Azikwe was the Governor General of Nigeria.

    However, from 30th August 1960 to 15th January 1966, Alhaji Abubakar Tafawa Balewa was the prime minister of Nigeria.
  • Which sections of the constitution empower the states to impose taxes and levies?
  • Nagiwa, there are a number of provisions in the Constitution that empowers states to impose tax and levies. Section 24 (f) of the 1999 Constitution places a duty on all citizens to pay taxes. Section 44 (2)(a) provides that the right to own movable property of citizens can be restricted for non payment of tax.

    The Schedule to the Constitution providing for the various items which the legislature can legislate upon also states taxes as one of them. There is an Act which consolidates all taxes that can be collected by the various tiers of government viz the Taxes and Levies (Approved list for collection) Act, 2004.

    Thus, it is constitutionally right for states to impose and collect taxes.
  • I want to personally say thank you to all, especially to Babade and Oladimeji for being resourceful on this platform. I want to also acknowledge your mode of response on this platform, which is navigated via gentle and noble way of response as required of a legal practitioner. As opposed to other platforms where questions raised fan flames of religious sentiments. Thank you. God bless Nigeria.
  • edited June 2013
    And my question goes thus: What will be the position of the Law when the existence of a free and democratic society, which depends upon the recognition of the concept that justice , as based upon the rule of law, grounded in respect for the dignity of the individual and justice is denied/abused?
  • Please want to know if you are born in Nigeria by a mother who is born in Nigeria by only a Nigerian mother does that qualifies you to be a Nigeria by birth.that is your father is not a Nigeria and her father to is not a nigerian
  • Hi @Murtadha, you are right once one of your parents or grandparents is a Nigerian you qualify to be a Nigerian citizen by birth. Check section 25 of the constitution which says:

    25. (1) The following persons are citizens of Nigeria by birth-namely-
    (a) every person born in Nigeria before the date of independence, either of whose parents
    or any of whose grandparents belongs or belonged to a community indigenous to Nigeria;
    Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.
    (b) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and
    (c) every person born outside Nigeria either of whose parents is a citizen of Nigeria. (2) In this section, "the date of independence" means the 1st day of October 1960.
  • ThankX a lot.
  • Sorry for my absence from this platform for quite a while. It is good to be back.

    @ murtadha, I concur with @Zubair. His answer is straight to the point. Once either of your parents or any of your grandparents are Nigerians, then you are qualified to be a Nigerian by birth as Section 25 of the Constitution stipulates.

    I thank @Zubair also.
  • Please, does the governing council of an institution conferred with the powers to dissolve labour or students unions?
  • Please sir/ma, is the governing council of an institution conferred with the powers to dissolve labour or students unions?
  • @Ayua, while apologizing for not answering your question earlier, we thank you for your question. In response, the Governing Council and the senate of a tertiary institution are the highest decision-making bodies in the institution and they reserve the right to maintain discipline and order in the school.

    The overriding law of every federal tertiary institution is the establishment Act while for state institutions is the establishment law. For example, the University of Lagos (Unilag) is governed by the University of Lagos (Establishment) Act Cap U9, LFN 2004 while Lagos State University (LASU) has a Lagos State University (Establishment) Law.

    The students in tertiary institutions have a fundamental right to form, join and partake in student union activities of various forms. Section 40 of the 1999 Constitution guarantees the freedom of peaceful assembly and association. It provides:

    “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests”

    It is in furtherance of this right that the courts have severally affirmed the legality of student unions.

    However, Section 45 of the Constitution gives authority to the federal and state houses of assembly to make laws to reduce certain fundamental human rights to protect public order, public morality and public safety. Section 45 (1) provides:

    “Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society
    (a) in the interest of defence, public safety, public order, public morality or public health; or
    (b) for the purpose of protecting the rights and freedom or other persons.”

    It is in pursuance of this that the Governing Council of tertiary institutions has been empowered to discipline students as well as maintain order, morality and safety in the university environment.

    Thus, student union activities may be curbed where public safety is threatened by the activities of the students. Remember, the right that is guaranteed is the right to PEACEFUL assembly. As such, when the “assembly” is becoming violent or riotous, the right cannot be claimed.

    As such, in the interest of public order and public safety, student union activities can be legally regulated, reduced or restricted.

    We hope this satisfactorily answers your question.
  • Saying I love you <3<3 to someone is often the easiest thing to do in a relationship. There are many people who say it aloud and frequently to their partners but aren’t able to show it with their actions. So what things can make men feel loved and mean more than these three special words from their girlfriends?
  • Emeka Umaeye, thanks for your comment. However, you will agree with me that this is not a constitutional issue and as such, it is not meant for this forum. Thanks once again for the comment.
  • Q1 why is it that landlord we be demanding two years house rent from tennat and here I warri a room without torlet and kiching is 5000 is there any constitution for that
  • Hello Sir, please, I must uncover my unsettled heart's cogitation... is it or is it not impossible to run a one party system in our
    country Nigeria?
  • Hello house,
    I want to find out wat law can be applied wen a foreigner deliberately owes u money and refuse to pay and still treatens the nigerian citizen on it because he is the boss. Do i report to foreign affairs?
  • @Godstimehot, the law in relation to the issue you raised is the Rent Control and Recovery of Residential Premises Law CAP. R5, Laws of Delta State. However, from my findings, that law is obeyed more in breach than in adherence.

    Though there is a law, the law of demand and supply affects the price of property in the state and in a number of states in Nigeria. Even in Lagos State where there is a very strong rent control law - the Tenancy Law of Lagos State 2011, there are still breaches of the law in relation to the rent to be collected by the landlord. This is because tenants will prefer to pay more and be under a roof than to stick to the law and stay under the bridge or under the sun.

    @Daniel O. Dominic, with the current legal framework in Nigeria, I think it is safe to say that it is not possible to run a one-party state. This is because Nigeria is a multi-party state according to our current legal framework. Not just that, it is unadvisable for us to run a single party state because of the authoritarian tendencies of one-party system. I would however like to know the reason for your suggestion.

    @Wearitright, there are laws on employer-employee issues. Due to the high rate of unemployment and the availability of cheap labour in the country, it is possible for employers to take advantage of employees. However, there are ways it can be handled. If it is in Lagos State, it is possible to write a petition to the Citizens' Mediation Centre (C.M.C.) on the issue and it would be handled on your behalf for free. If outside Lagos, I will like to know the state in order to know how to properly advise.

    Thank you all.

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