TM Palmer Solicitors

23/01/2025

22/10/2024

21/11/2023

Why does the Government demolish buildings?

Why does the government demolish people’s houses?

It is a lifelong dream of many people to own their houses- to buy a piece of land, erect a building that they may move in with their families or perhaps rent out .
Imagine if years after achieving this goal, one is suddenly confronted with a notice to vacate his building because it has been marked for demolition by the government.
This has been the fate of several Nigerians who have lost their homes and belongings to demolition in recent times.
Just recently in Lagos State, the Government demolished some houses in Lekki, and communicated plans to demolish some in Festac. In Abuja, abut 500 buildings have reportedly been marked for demolition.
Have you ever wondered why the Government demolishes these buildingswhat causes these demolitions? Can they be avoided? Is there any remedy for a victim of wrongful demolition under Nigerian Law?

Let’s take a look at what the law says.
Reasons for demolition of buildings in Nigeria
In Lagos state, the ministry of environment and water resources is the authority that enforces demolition of buildings. In the FCT, it is the Federal Capital Development Authority (FCDA).
These government bodies may demolish properties for any of the following reasons:

1. If the property is constructed without the government’s approval:
Owning a piece of land is not enough reason to erect whatever building you deem fit on the land. In Nigeria, you must seek the permission of the government to build on any land through what is called, a building plan approval.
A building plan is a graphical representation of what a building will look like after construction. The government must be aware of what kind of building you wish to construct and its specifications to ensure that it complies with building laws and codes.
In Lagos state, for instance, you must submit your building plan and obtain a Development Permit from the Lagos State Physical Planning and Development Authority (LASPPDA), a parastatal under the Ministry of Physical Planning and Urban Development.

2. If the property is distressed
Linked to the issue of obtaining proper government approval is the issue of negligent construction leading to distressed and structurally unsound buildings. It is the responsibility of the Government to ensure that the buildings being constructed are being done properly. It is not enough that an approval has been obtained for the development, the developer has the obligation to ensure that the right materials are being used - and not substandard materials. We have unfortunately seen a lot of issues of building collapse - one of the most high profile being the Ikoyi building collapse in 2021. Therefore, the Government has been proactive in some cases to ensure these sorts of issues do not re-occur. Just recently the Lagos State Government announced plans to demolish distressed buildings in Ebute Metta.

3. If the property is constructed on land that is under government acquisition:
There are some lands that are marked out by the government to be used for state development projects such as construction of roads or public buildings.
If you fail to conduct due diligence, you may purchase a land that has been reserved by the government, thereby eventually losing the land and ultimately, any property erected on the land.

4. If the property is acquired by the government:
The Nigerian Government reserves the right under the Constitution (section 44) to acquire properties belonging to citizens, to be used for development projects that are aimed at catering for the welfare of the general public.
In doing this, the government is required by law to pay compensation to the individuals whose land they acquire.

How can you protect yourself?
When engaging in real estate transactions, you must diligently conduct all necessary searches to confirm the title of the person from whom you are purchasing the property, and to confirm the validity of any title document or approval that is shown to you. Our article here explains the steps to take to protect yourself when buying property in Nigeria.
If you are constructing a building on your land, ensure that you obtain the necessary permits to do so and seek the expert opinions of qualified real estate consultants or your lawyer.

Can you take legal action if your property is demolished?
There is a popular legal maxim that says, “equity aids the vigilant and not the indolent.”
If a person’s house is demolished by the government as a result of his failure to follow due process in acquiring the land or constructing a building, he may not have any recourse in law; Provided that he was not deceived into purchasing the property despite having done reasonable due diligence on his part.
In addition, the law requires the government to issue a notice informing occupants of a building that the said building has been marked for demolition. This notice must also have been issued within reasonable time.
Where the government fails to issue a notice before embarking on demolition, the aggrieved residents can sue and they may be entitled to damages.
Moreso where the government acquires properties belonging to citizens in exercise of their right to do so, without issuing compensations as required by law, the citizens can rightfully commence an action against the government for the same.

Responsibility of consultants
Under the law, experts such as lawyers and real estate consultants, have a legal duty to give accurate and reliable information to their clients.
Where an expert gives false information to his client perhaps due to negligence or intentional misrepresentation, and the client acts on such information in acquiring a land or constructing a building, the client can bring an action for the loss of his property against the expert who wrongly advised him.

Having read this newsletter, you are now well informed about the intricacies of building demolitions carried out by the government.
We hope you enjoyed it.

Best Regards,
Ikanke
For the Lawpadi Team

10/10/2023

Criminal or civil matter?

The Nigeria legal system addresses the wrongdoings that people commit with two different types of cases: civil and criminal.
Generally speaking, criminal cases are offences against the state, even if immediate harm is done to an individual. Accordingly, they are prosecuted by the state in a criminal court.

On the other hand, civil cases typically involve disputes between parties regarding the legal duties and responsibilities they owe to one another. In general, family law disputes and property disputes are civil cases. These cases are handled through civil lawsuits that are prosecuted in civil court.

Although there is some overlap between civil and criminal cases, there are several ways in which you can tell the difference between a criminal case and a civil case.

Criminal Case vs. Civil Case: Distinctions
Here are some of the key differences between a criminal case and a civil case:
🌸Crimes are considered offences against the state, or society as a whole

🌸Criminal offences and civil offences are generally different in terms of punishment

🌸 The standard of proof is very different in a criminal case versus a civil case

🌸Defendants in a criminal case are entitled to a lawyer and will be assigned a public defender if they cannot afford one

Crimes are Offences Against the State
Even though one person might murder a particular person, the murder itself is considered an offence to everyone in society. Accordingly, crimes against the state are prosecuted by the state. The prosecutor, which is generally the attorney general of the State or Federation or the Director of Public Prosecutions (or in some cases, the Police), files the case in court as a representative of the state. If it is a civil claim, then a private party files the case.

Differences in Punishment
Civil cases generally only result in monetary damages or orders to do or not do something, known as injunctions. A criminal case may involve both imprisonment and monetary punishment. Because criminal cases have greater consequences, including the possibility of jail and even the death penalty, criminal cases have many more protections in place and have a higher standard of proof.

The Standard of Proof
Everyone accused of a crime is presumed to be innocent until they are proven guilty. In general, crimes must be proven beyond a reasonable doubt, whereas civil claims are proven by lower standards of proof, such as the balance of probabilities.

“Beyond a reasonable doubt" means the prosecution has provided evidence that proves that there is no other reasonable explanation outside of the defendant's guilt.
“Balance of probabilities" means it is more likely than not that something occurred in a certain way.

The prosecutor in a criminal proceeding has the burden of proving that the defendant is guilty beyond a reasonable doubt. This is known as the burden of proof. Under this burden, the defendant has no obligation to prove their innocence. The standard of proof the prosecutor must meet is much higher than in a civil case. After all, criminal convictions, such as felonies and misdemeanors, tend to carry heavier consequences for a defendant than civil penalties do in civil suits.

The Right to a Legal Representation
Section 36 (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that a person arrested on allegation of commission of a criminal offence has the right to seek legal counsel from a lawyer and also the right to be defended by a legal practitioner of her choice. If an accused person does not have the means to be able to afford a lawyer, it is the responsibility of the State to provide him/her with a lawyer free of charge.

Fair Hearing Rights
Section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that a person is entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

Other Constitutional Protections
In criminal cases in Nigeria, there are many more constitutional protections offered to the defendant which are not available to a defendant in a civil case. Some of these include right to public hearing, right to an interpreter in court etc. The majority of these protections are contained in Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).


The Same Conduct Can Result in Civil and Criminal Liability
Although criminal and civil cases are treated very differently, many people often fail to recognize that the same conduct can result in both criminal and civil liability. For instance one may be prosecuted for murder by the State, and then subsequently an individual can bring a case for wrongful death (civil claim).

Hope you found today's newsletter interesting and educational. As you can see, we take on board your feedback and suggestions when choosing topics to discuss, so if you would like us to share our thoughts on any topical issues, then do let us know by replying to this email.
See you next week!

for the Lawpadi Team

13/03/2023

13th of March 2023

1. Emefiele launches fresh plot against President-elect Tinubu - https://thenationonlineng.net/emefiele-launches-fresh-plot-against-president-elect-tinubu/

2. Governors take tough stance on naira scarcity - https://thenationonlineng.net/governors-take-tough-stance-on-naira-scarcity/

3. 35 killed in Southern Kaduna, Katsina attacks - https://thenationonlineng.net/35-killed-in-southern-kaduna-katsina-attacks/

4. Either Gbadebo or Chinedu - https://thenationonlineng.net/either-gbadebo-or-chinedu/

5. Obey the Supreme Court - https://thenationonlineng.net/obey-the-supreme-court/

For a judgment that was as concise as it was unambiguous, we would have thought that the Supreme Court judgment on the controversial and needlessly disruptive

12/03/2023

TRAIN ACCIDENT: LAGOS ARRESTS STAFF BUS DRIVER

The Attorney-General and Commissioner for Justice in Lagos State, Mr. Moyosore Onigbanjo (SAN) has revealed that the Staff Bus Driver, Remi Osibanjo, involved in the unfortunate Bus/Train accident that occurred on Thursday has been arrested and detained for further investigation by the Railway Police Command Headquarters, Ebute-Metta, Lagos.

A statement signed by Mrs. Grace Alo, the Director of Public Affairs, Lagos State Ministry of Justice, added that the Commissioner of Police, Railway Police Command has taken over the investigation of the accident.

According to her, the Bus involved in the collision has also been retrieved and sent for a thorough examination at the Lagos State Vehicle Inspection Service Office (VIO), while the State Ministry of Justice awaits both reports from the VIO and the Police regarding the cause of the accident for necessary action.

Whilst informing that the Ministry commiserates with the victims of the accident and the families of those who lost their lives to the tragic accident, Alo disclosed that the Commissioner has assured members of the public that upon receipt of the case file from the Police and the report of the VIO, the office shall not hesitate to prosecute any person(s) found culpable.

11/03/2023

RE: “CERTIFICATION” OF PERSONS, FIRMS OR ORGANIZATIONS TO CARRY ON UNREGULATED/UNLAWFUL INVESTMENT SCHEMES AND PROCURE BUSINESS REGISTRATION AT DISCOUNTS OR WITH FREEBIES



The attention of the Corporate Affairs Commission has been drawn to several social media contents and publications suggesting that the Commission has licensed or “certified” certain persons, firms or organizations to carry on unregulated/unlawful investment schemes or procure business registrations for members of the public at a “MEGA DISCOUNT” and with freebies including “Free JTB and FIRS TIN”. These contents fraudulently employ the Commission’s name, logo, colours and crafty language calculated to deceive unsuspecting members of the public into patronizing them.



The Commission hereby states without equivocation that it does not license or “certify” persons, firms or organizations to carry on unregulated/unlawful investment schemes or procure business registrations for members of the public at any discount or with freebies. And for the avoidance of doubt, the Federal Inland Revenue Service (FIRS) Tax Identification Number (TIN) is electronically generated and endorsed instantly on the certificates of relevant business entities upon registration on the Commission’s Company Registration Portal (CRP) and at no cost.



The mandate of the Commission is as prescribed in the Companies and Allied Matters Act 2020 (CAMA) and consists mainly in the registration of business and allied entities as well as the general regulation and supervision of their conducts after registration.


The Commission again assures the general public of its commitment to providing registration and regulatory services adequate to the expectations of its esteemed customers and the general public.

Signed:

MANAGEMENT

PS: want to learn more about business name registration with CAC, send a DM

10/03/2023

[DOWNLOAD] FULL Supreme Court Judgment Nullifying the CBN Naira Redesign Policy

The Supreme Court on 3rd March, 2023 invalidated the new naira design policy initiated by the Federal Government on the grounds that it was not done with

09/03/2023

TOUTING AT THE NIGERIAN PORTS

The Business Facilitation (Miscellaneous Provisions) Act 2023 has prohibited touting in Nigerian ports. Touting includes carrying out any unlawful activity for personal gain.

Nigerian ports, especially Lagos ports have battled with the menace of touting and extortion over the years. There are a lot of illegal checkpoints set up by these miscreants aimed at extorting drivers. A large chunk of the money goes to their pockets, while officially remitting little to none to the government

At each extortion checkpoint, several labor and trade union lads are pressuring the haulage operators to pay them money and those who refuse are often denied entry. Truck drivers are forced to pay in order to protect their cargo from damage or tampering. As a result, importers struggle to pay due to the additional costs associated with extortion, which is often the cause of conflict between agents and importers.

Consequently, many containers are left unclaimed in the terminals, becoming overtime cargoes that may be auctioned. Overtime cargoes are cargoes which the importer fails to clear and take delivery of them after 28 days in the port. The Customs Excise and Management Act (CEMA) then allows Customs to auction such cargoes after 90 days of arrival at the port.

According to the Act, the penalty for touting in Nigerian ports is a fine of atleast 1 million naira or atleast 6 months imprisonment or both. The Act has further mandated that staff on duty must be on their uniforms and wear their official ID cards. The staff not on duty are to stay away from the ports unless they have the express permission of the head of the Ministries, Departments and Agencies (MDA). A non official staff is also not allowed in the secured areas of any of Nigerian port.

Where an official collects bribe from passengers or other port users, he shall be removed from his duty post, subject to disciplinary measures and liable to criminal proceedings according to the law.

Currently the Nigerian Shippers Council, NPA, and the Lagos State Task Force Team are collaborating together to remove touts from port corridors.

I believe that the effective implementation of the provisions of the Act prohibiting touting will streamline operations in Nigerian ports, reduce delays, and ultimately promote economic growth by increasing efficiency and reducing costs for businesses.

Ajayi

09/03/2023

Life is like Law, everything you do with it and about it must be legal.

09/03/2023

We are excited!

The 2023 elections have led to so many people picking up an interest in understanding the legal process for how elections are conducted and how election petitions are resolved.

We love the fact that Nigerians are getting curious not only about the political process, but also about the legal framework that underpins the political process – and by extension, our democracy.

In last week's newsletter we had asked you to send in your questions about the election process, and the overwhelming question was around understanding how the election petition process is conducted in Nigeria.

So, in today's newsletter we will provide some more detail about how election petitions work under the 2022 Electoral Act.

Who can bring a challenge?

Theoretically any of the 18 candidates and their parties who contested in the 2023 Presidential election can bring a challenge. Section 133 of the Electoral Act 2022 states that an election petition may be presented by one or more of the following persons— (a) a candidate in an election; or (b) a political party which participated in the election.


What are the grounds for challenging an election?

The contestants and political parties can challenge the results alleging one of the following things:
a person whose election is questioned was, at the time of the election, not qualified to contest the election.
the election was invalid by reason of corrupt practices or noncompliance with the provisions of the Electoral Act
the respondent was not duly elected by majority of lawful votes cast at the election

Election Petition Process

Petitions against the decision of a presidential election are filed at the Court of Appeal – which is the designated election petition tribunal for Presidential elections. The process for the election petition tribunal is contained in the First Schedule to the Electoral Act 2022, however a broad overview of the steps are below:

Step 1 – Gathering Information

An election petition is a very detailed and fact-based process which requires the petitioner to not only state the grounds for the challenge, but to also provide evidence of this. In most cases, the petitioner does not have the evidence, and would need to get it from INEC, and so in the early stages before a petition is filed, you would see the potential challenger file a motion to get the evidence. In this case, Peter Obi and the Labour Party have already filed a motion exparte for access to the information required, and the courts have granted this.

Once you have access to the information and you have been able to ascertain the facts to build your case, then you can move o to the next stage.

Step 2 – Filing the Petition

The Petition needs to be filed within 21 days of the election, after which the person seeking to challenge the petition will be out of time, and unable to proceed. After the petition is filed the respondent (both the winner of the election and INEC) have 21 days to respond to the petition with their own position and their own side (with facts to back it up). If the response brings up any new facts, then the petitioner has 5 days to respond.

Step 3 - Pre-hearing session

After the documents are all served on the relevant parties, the petitioner is then meant to apply to the tribunal for the issuance of a pre-hearing notice. The pre-hearing is essentially that stage where all the preliminary issues are discussed, and things like witness lists, dates of the hearing etc are finalised. This stage is not meant to take more than 14 days.

Stage 4 – Hearing of the Petition

This is the main event, and this is where all the issues are litigated. The Tribunal will receive documentary evidence, but also take oral testimony. The petitioner(s) and the respondent(s) will all present their cases, and the tribunal will hand down judgment. At the conclusion of the hearing, the Tribunal shall determine whether a person whose election or return is complained of or any other person, and what person, was validly returned or elected, or whether the election was void, and shall certify the determination to the Resident Electoral Commissioner or the Commission.

Stage 5 – Potential Outcomes

Broadly speaking there are 3 potential outcomes of an election petition. The first outcome is that the tribunal/court upholds the election, the second outcome is the election is nullified and a new election is ordered, and the final one is that the election decision is rejected and the person who won the election is removed and the petitioner (the person who filed the petition) is installed as the winner of the election

If the Court has determined that the election is invalid, then, and new election ordered, then this shall be held by the Commission not be later than three months from the date of the judgment.

Stage 6 - Appeal
If either of the parties is unsatisfied with the judgment of the tribunal, then they can appeal to the Supreme Court. This is the highest appellate body, and their decision on the appeal is final.


Legal Term of the week - 'Motion exparte'

Ex parte is a Latin term that is gotten from the phrase from “one side to a dispute”. This is a motion filed before a court, requesting a court order without the court hearing from the other party, so as to preserve the important things in a case