Awala fricky hayes & company

04/04/2026

13/02/2026

The Living Banner: Nigerian Identity Beyond Borders

Uchena Nwosu and Boye Mafe’s Super Bowl celebration was more than a moment of athletic triumph; it was patriotism in motion. Competing thousands of miles from home, they did not merely acknowledge Nigeria, they embodied it. Draped in the green-white-green, they elevated personal success into national symbolism, giving lived expression to the pledge to uphold her honour and glory.

At a time when Nigeria is often hastily labeled as “failing,” their visible pride stood as a calm but unmistakable rebuttal. Political systems may falter and administrations may change, yet national identity endures through the people who carry it. In their confidence and poise, these athletes projected a Nigeria that is resilient, self-assured, and unapologetic.

Patriotism does not demand silence in the face of governmental shortcomings. One may critique the state while still affirming the nation. Nwosu and Mafe demonstrated this distinction clearly, wearing their heritage not as sentimentality, but as strength.

In that moment of celebration, they were not merely athletes enjoying victory; they were the living expression of a country confident in its identity and pride before the world.

Fricky Hayes Awala, Esq., writes from Lagos.

01/01/2026

Happy New Year from Awala Fricky Hayes & Co.!

As we step into the New Year, we extend our heartfelt appreciation to our clients, partners, and friends for your trust and support. We look forward to another year of collaboration, growth, and delivering value with professionalism and integrity.

Wishing you a prosperous, successful, and fulfilling New Year. 🎉

09/11/2025

Strengthening Accountability in Electoral Offenses: The Case for Harsher Penalties on Vote Selling
By Awala Fricky Hayes, Esq.

The recently concluded Anambra State election has once again highlighted the persistent challenge of vote trading within Nigeria’s electoral landscape. While considerable effort has been devoted to identifying and prosecuting those who buy votes, far less attention has been paid to the other equally culpable party—the citizens who willingly sell their votes.

A critical question must be asked: can there truly be a buyer without a seller? If citizens collectively refuse to sell their votes, the market for electoral corruption collapses. Both parties—the buyer and the seller—are complicit in subverting the will of the people and undermining the integrity of the democratic process. Accordingly, accountability must be enforced with equal firmness on both sides of this unlawful transaction.

The Fallacy of Poverty as a Defence

A common argument seeks to justify vote selling by attributing it to widespread poverty and poor governance. While this reasoning reflects the socio-economic realities of our nation, it cannot stand as a valid legal or moral defence. As a lawyer, I must emphasize that poverty does not excuse criminal conduct. Just as economic hardship cannot justify armed robbery, it cannot legitimize the sale of one’s vote. Accepting such an argument would erode the ethical and legal foundation upon which justice is built.

The Case for Legislative Reform

To curb this growing menace, Nigeria’s legal framework on electoral offenses requires urgent reform. The current provisions lack the severity necessary to deter offenders. It is imperative that the law be amended to prescribe stiffer penalties for individuals convicted of vote selling.

I advocate for a substantial enhancement of the punishment—potentially extending to life imprisonment—as a clear signal of the seriousness of this offense. Such stringent measures would serve as a deterrent and reaffirm the principle that the sanctity of the ballot is inviolable. Electoral integrity must never be compromised or treated lightly.

Ensuring Equal Enforcement of the Law

For any reform to be meaningful, the government must demonstrate genuine commitment to impartial enforcement. Collaboration among the Independent National Electoral Commission (INEC), law enforcement agencies, and the judiciary is crucial. There must be no selective justice—no leniency for the powerful and no harsher treatment for the weak.

True democracy flourishes only when the rule of law is applied uniformly, without fear or favor. Upholding accountability across political and social divides will not only strengthen the credibility of elections but also restore public confidence in democratic governance.

Conclusion

The fight against electoral corruption demands collective responsibility. Addressing both the demand and supply sides of vote trading is essential to deepening Nigeria’s democracy. Stricter penalties, consistent enforcement, and institutional integrity must work together to preserve the sanctity of our elections.

Only when every vote is cast freely and counted fairly will Nigeria’s democracy truly reflect the will and conscience of its people.

Awala Fricky Hayes, Esq., is a legal practitioner and arbitrator based in Lagos, Nigeria.

30/09/2025

OPEN FOR BUSINESS ? DANGOTE REFINERY STRIKE SAYS: PROVE IT.
President Bola Tinubu has branded Nigeria as “open for business” and launched reforms to attract foreign direct investment (FDI). Yet, the ongoing strike at the Dangote Refinery presents a defining question:

Can Nigeria enforce labour laws that protect workers while also guaranteeing the stability and confidence investors seek?

A sustainable investment climate requires more than incentives — it demands credible institutions and a legal framework that balances rights with responsibilities. Without this balance, both investor trust and labour peace remain at risk.

I’d like to hear your perspective: How can Nigeria strengthen the rule of law to protect both workers and investors, and still project a reliable business environment?


By Awala Fricky Hayes Esq

12/09/2025

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‎Trade Union Membership in Nigeria: Compulsory or Voluntary?
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‎Awala Fricky Hayes, LLB (Hons), BL, MCArb
‎Writes from Lagos, Nigeria
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‎Abstract
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‎This article examines whether trade union membership in Nigeria is compulsory or voluntary. Drawing from the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Trade Unions Act, relevant International Labour Organization (ILO) Conventions, and settled legal principles, the analysis demonstrates that union membership is strictly voluntary. Using the dispute between the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and the Dangote Refinery as a case study, the paper explores the practical implications of voluntary unionism. It concludes that while Nigerian law provides a robust framework protecting workers’ freedom of association, stronger enforcement mechanisms, enhanced worker education, and union accountability are required to make these protections effective.
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‎Introduction
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‎The right of workers to unionize remains a cornerstone of labour law in democratic societies. In Nigeria, disputes between employers and trade unions frequently raise the question of whether workers are legally obligated to join a trade union.
‎ This article critically examines the Nigerian legal framework on the issue, situating the analysis within both domestic and international standards.
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‎Constitutional Framework
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‎The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides the foundation for voluntary union membership. Section 40 guarantees the freedom of association, stating:
‎“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.”
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‎This provision affirms every worker’s liberty to join or form a trade union but imposes no legal obligation to do so. Union membership under the Constitution is therefore voluntary, not compulsory.
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‎Statutory Provisions: The Trade Unions Act
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‎The Trade Unions Act, Cap T14, Laws of the Federation of Nigeria 2004, reinforces the constitutional guarantee. Section 12(4) provides that:
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‎ “Notwithstanding anything to the contrary in this Act, membership of a trade union by employees shall be voluntary and no employee shall be forced to join any trade union or be victimized for refusing to join or remain a member.”
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‎This statutory provision expressly prohibits compulsory unionism and protects employees from victimization on account of their decision.
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‎International Labour Standards.
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‎Nigeria’s commitment to international labour law further strengthens voluntary unionism. As a member of the International Labour Organization (ILO), Nigeria has ratified two key conventions:
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‎1. ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organise, 1948) – guarantees the right of workers to form and join organisations of their own choosing without prior authorization.
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‎2. ILO Convention No. 98 (Right to Organise and Collective Bargaining, 1949) – protects workers against anti-union discrimination and employer interference.
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‎Together, these conventions align Nigeria’s labour framework with international best practices, safeguarding workers’ freedom of choice regarding union membership.
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‎Principles of Law
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‎The combined effect of constitutional, statutory, and international instruments yields four key principles:
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‎1. Workers may freely join a trade union if they so choose.
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‎2. Workers are equally free not to join a trade union.
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‎3. Employers are prohibited from victimizing or obstructing workers based on their decision.
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‎4. Trade unions cannot impose automatic or compulsory membership on employees.
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‎The overarching principle is freedom of association, which protects the individual worker’s autonomy.
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‎Case Study: NUPENG v. Dangote Refinery
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‎The recent dispute between NUPENG and the Dangote Refinery illustrates the practical application of these principles.
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‎NUPENG’s Position: The union alleged that Dangote Refinery frustrated workers’ attempts to unionize.
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‎Dangote’s Position: The company maintained that workers should be free to decide on union membership without compulsion.
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‎Legal Analysis: Employees of Dangote Refinery enjoy constitutional and statutory rights to unionize under NUPENG if they so choose. Dangote may not obstruct or victimize employees seeking to exercise this right. Conversely, NUPENG cannot compel automatic membership of all workers, as such action would contravene Nigerian law.
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‎Thus, the decision to unionize lies exclusively with the individual worker, free from coercion by either the employer or the union.
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‎Recommendations
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‎Although the legal framework is clear, enforcement challenges remain. The following measures are proposed:
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‎1. Stricter Enforcement of Anti-Union Discrimination Laws – Regulatory agencies and the National Industrial Court should actively sanction employers who frustrate workers’ rights to unionize.
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‎2. Promotion of Worker Education – Government, unions, and civil society must invest in continuous education to raise awareness of labour rights.
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‎3. Encouraging Voluntary Union Recognition by Employers – Employers should adopt constructive engagement policies with unions where membership is voluntary.
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‎4. Strengthening Union Accountability – Trade unions must respect workers’ rights not to join and adopt transparent practices to enhance their legitimacy.
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‎5. Alignment with International Best Practices – Nigeria should continue harmonizing domestic labour laws with evolving ILO standards.
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‎Conclusion
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‎In Nigeria, trade union membership is voluntary, not compulsory. This legal position is firmly rooted in the Constitution, the Trade Unions Act, and ILO Conventions ratified by the country.
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‎For these rights to be meaningful in practice, Nigeria must strengthen enforcement, promote worker awareness, and ensure that both employers and unions respect the autonomy of the individual worker.
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‎References
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‎[1]: Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 40.
‎[2]: Trade Unions Act, Cap T14, Laws of the Federation of Nigeria 2004, Section 12(4).
‎[3]: International Labour Organization, Convention No. 87 on Freedom of Association and Protection of the Right to Organise, 1948.
‎[4]: International Labour Organization, Convention No. 98 on the Right to Organise and Collective Bargaining, 1949.
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31/08/2025

Peter Obi vs. Deji Adeyanju: Why the Court Is the Only Option

The storm over the alleged defamatory remarks by activist-lawyer Deji Adeyanju against Mr. Peter Obi has once again turned social media into a courtroom of carpenters turned lawyers. Many are already delivering judgments without the slightest grasp of Nigerian defamation law.

Some commentators have even advised Obi not to go to court, arguing that he “cannot get justice” because government is allegedly backing Adeyanju. This defeatist narrative is baseless.

On Arise Television, presenter Rufai Oseni also muddled the law when he claimed that the burden of proof in defamation rests on the claimant. Thankfully, Dr. Reuben Abati, a lawyer, stepped in to correct him: once defamatory publication is proved, the burden shifts to the defendant to justify the allegation. This is settled law.

Under Nigerian law, a claimant in defamation must show three things:

1. The words were defamatory;

2. They referred to him;

3. They were published to a third party.

See Sketch Publishing Co. Ltd v. Ajagbemokeferi (1989) 1, NWLR (Pt 100) 678

Once these are proved, the defendant must establish a defence—justification, fair comment, or privilege.

So far, Obi has taken the right step by issuing a seven-day notice demanding retraction and apology. But he should not stop there. If Adeyanju refuses, the next step must be the courtroom.

Why? Because many of the allegations have lingered in public space for years. Litigation offers Obi the chance to clear his name under oath and put an end to the rumours. Of course, Adeyanju will have the right to cross-examine and dig into other issues—but that is the essence of judicial scrutiny.

At the end of the day, reputation is a priceless asset. Once tarnished, only the courts can provide a remedy. Obi has nothing to lose and much to gain by pressing forward.

Let both men have their day in court. Nigerians are watching.. Awala Fricky Hayes Esq.

09/07/2025

Dear All,

I would like to express my gratitude to everyone who reached out via phone calls as part of my engagement on customary law. To foster broader discussion and collective learning, I encourage you all to post your questions or responses here so that others may benefit from your insights.

One of the questions raised was from Mr. Ananimous, who inquired whether a customary law marriage is inferior to a marriage solemnized under the Marriage Act. To address this, I will analyze the following scenario for clarity:

Case Study:
Mr. Ajuguda Ben. contracted a valid customary law marriage with Mrs. Florida Ajuguda. Without legally dissolving this marriage, he subsequently married Hannah Yogurt under the Marriage Act at the Ikoyi Registry, Lagos. Ten years later, Mr. Ajuguda Ben. passed away intestate (without a will).

Our question:
Between Mrs. Florida Ajuguda (the customary law wife) and Hannah Yogurt (the statutory wife), who is entitled to inherit his estate?

Legal practioners

30/06/2025

What is customary marriage (popularly referred to as native law and custom)? In Nigeria, customary marriage denotes a marriage conducted in accordance with the traditions and customs of one of Nigeria's numerous ethnic groups (e.g., Yoruba, Igbo, Hausa, Itsekiri, Ijaw, Urhobo, etc.). It is distinct from statutory (court or registry) marriage and Islamic marriage (for Muslims).
Key Features of Customary Marriage in Nigeria: 1. Consent & Bride Price (Dowry): The groom pays a bride price (or dowry) to the bride’s family, which is a key requirement for validity. The bride’s consent is required under modern interpretations of customary law.
2. Family Involvement: The families of the bride and groom negotiate and participate in the marriage rites. Ceremonies may include traditional rituals, such as wine-carrying, knocking on the door (gba Nkwu in Igbo culture, Temotsi in Itsekiri), or other ethnic-specific practices.
3. Polygamy Allowed: Customary law permits a man to marry more than one wife, provided he follows the required customs.
4. No Formal Registration Needed (But Possible): While registration is not mandatory, couples can register their customary marriage at a local registry or court for legal documentation.
Conclusion: Customary marriages are legally binding. Spouses have rights to inheritance, custody, and maintenance, as interpreted under customary law. They are recognized in courts, especially customary and family courts. However, it must be proved with evidence of compliance with local custom if challenged.

Thank you.

29/06/2025

Dear Friends and Followers,

In the past week, I’ve received numerous inquiries from many of you regarding customary marriages in Nigeria, particularly whether they hold less legal weight compared to statutory marriages under the Marriage Act.

To provide clarity, I will be addressing this topic in a two-part series, beginning tomorrow, 30th June 2025. Stay tuned for an in-depth discussion!

Your engagement is deeply appreciated, and I hope this series will be both enlightening and helpful.

Thank you..