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A full service law firm with offices in Lagos, Abuja and Port Harcourt, Nigeria

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CAN YOU BE ARRESTED FOR FAILING TO PAY A DEBT?Generally, no. The mere fact that you owe someone or default in payment of...
07/10/2026

CAN YOU BE ARRESTED FOR FAILING TO PAY A DEBT?

Generally, no. The mere fact that you owe someone or default in payment of a civil debt does not make you a criminal.

Under *Section 8(2) of the Administration of Criminal Justice Act 2015*, a person shall not be arrested merely on a civil wrong or breach of contract.

So where the dispute is merely that someone owes you a debt, the appropriate debt recovery method is to pursue the debt through civil proceedings in the Court not to involve the Police to arrest the debtor.

In *Kure v. COP (2020) LPELR-49378 (SC)*,
the Supreme Court stated that the primary duties of the Police are to prevent, investigate, detect crime and prosecute offenders. The Police have no business in recovering debt in purely Civil transactions.

The exception will be where the debt owed has an element of crime in it, that is; it was obtained by fraud, under false pretence, forgery or other criminal offences. Then will the Police be involved.

So, no. The Police are not to be involved in a Civil debt matter. Using the coercive powers of the Police to force repayment of a civil debt amount to an abuse of the criminal justice system.

This is an infringement of the Debtor’s right to personal liberty which is contained in *Section 35 of the Constitution of the Federal Republic of Nigeria (1999)* as amended.





CAN THE POLICE DETAIN YOU FOR MORE THAN 24 HOURS WITHOUT CHARGING YOU TO COURT?Generally, No. Not, when there’s a Court ...
05/10/2026

CAN THE POLICE DETAIN YOU FOR MORE THAN 24 HOURS WITHOUT CHARGING YOU TO COURT?
Generally, No. Not, when there’s a Court of competent jurisdiction within the place where the arrest took place.

Under Section 35(4) and (5) of the Constitution of the Federal Republic of Nigeria (1999) as amended, anyone arrested under a reasonable suspicion of committing a crime must be brought to Court within a reasonable time.

Now, “what is a reasonable time?” One may ask. Section 35(5) of the 1999 Constitution defines it.
• When there is a Court of competent jurisdiction within 40 kilometers from the place of arrest, the person should be brought to Court within 24 hours.
• When there is no Court within 40 kilometers from the place of arrest, the person should be brought before the Court within 48 hours or as such time stipulated by the Court.

So, ordinarily, a person should not be detained beyond 24 hours when there is a court within a 40-kilometer distance from where the arrest took place. There are exceptions to the rule;
• Court order: where the Court gives a signed order to detain a person in Court for a specified extended period.
• Capital offenses: for severe capital crimes like murder or armed robbery, automatic release or bail is restricted but the Authorities involved still have to follow due process in law.
• When there is no court of competent jurisdiction within a 40-kilometer distance from the place of arrest, a 48-hour window is given.

It is unlawful for Law Enforcement Officers to detain a person past this stipulated time; they may claim that there is ongoing investigation. It is unconstitutional and violates a person’s right to personal liberty which Section 35 of the Constitution of the Federal Republic of Nigeria provides for.





CAN YOU DISOBEY A COURT ORDER?The best thing to do is to obey first, then if you do not agree with the Court order, you ...
28/09/2026

CAN YOU DISOBEY A COURT ORDER?

The best thing to do is to obey first, then if you do not agree with the Court order, you can challenge it through the legal process. A Court order is legally binding and must be obeyed until it is set aside or discharged. Disobedience can amount to being in contempt of the Court.

Several Court judgements have reaffirmed that, anyone who is served with or becomes aware of a valid court order should obey it and failure to do so will amount to a breach of the order and lead to contempt proceedings.

If you believe the order is wrong, you seek to set it aside or discharge it rather than refusing to comply.
Some consequences of disobeying a Court order are;

* Deliberate disobedience can amount to contempt of Court.
* The person may be committed to prison for a period of time.
* The Court may choose not to grant some particular remedies or reliefs to the person.
* The person may be asked to pay a fine for disobedience of Court orders.




Can you fold, tear or write on the Naira note?Under the Nigerian Law, deliberately folding, tearing or writing in the Na...
21/09/2026

Can you fold, tear or write on the Naira note?

Under the Nigerian Law, deliberately folding, tearing or writing in the Naira note can amount to tampering with the Naira note.

Section 21(1-2) of the Central Bank of Nigeria Act 2007 states that one who tampers with the Naira note or coin has committed an offence.

Such acts include: Writing, tearing, squeezing, stapling, mutilating, piercing, engraving, soiling and other forms of “deliberate” abuse.

The Act imposes a fine of not less than N50,000, imprisonment of 6 months or both.

Now normal wear and tear is distinct from intentionally trying to deface the Naira note, so a Naira note becoming folded because it was kept in a wallet will not be the same as deliberately tampering it.

This distinction matters because Section 21 of the CBN Act 2007 refers to damage or defacement of the Naira note rather than “fair wear and tear.”




DO YOU KNOW YOUR RIGHTS IF YOU ARE ARRESTED?Being arrested is stressful. In that moment, many people don't know what the...
17/09/2026

DO YOU KNOW YOUR RIGHTS IF YOU ARE ARRESTED?

Being arrested is stressful. In that moment, many people don't know what they're entitled to. However, the law protects you at every stage of an arrest, and knowing your rights can make a significant difference.

First, you have the right to know why you're being arrested. An officer must tell you the reason in a language you understand at the time of the arrest or shortly after.

You also have the right to remain silent. You are not required to say anything that could incriminate you, and you can not be forced or tortured into making a confession.

You have the right to legal representation. You can ask for a lawyer before answering questions. If you can't afford one, you have the right to free legal aid in certain cases. You should also be informed of your right to remain silent and your right to consult a lawyer.. The law limits how long you can be held.

You must be brought before a court within a reasonable time, typically within 24 to 48 hours. You can not be detained indefinitely without charges.
Finally, you have the right to be treated with dignity. No inhumane treatment, torture, or degrading punishment is allowed, regardless of the alleged offence.

Knowing these rights doesn’t make you immune from arrest, but it protects you from misuse of the process. When in doubt, ask for a lawyer, and don’t sign anything you don’t understand.

Procedure Rights

WHAT HAPPENS WHEN A CHEQUE IS DISHONOURED A cheque might seem like a simple commitment to pay, but what occurs when you...
16/09/2026

WHAT HAPPENS WHEN A CHEQUE IS DISHONOURED

A cheque might seem like a simple commitment to pay, but what occurs when you take it to the bank and it gets rejected? A dishonoured cheque can lead to significant legal and financial repercussions for both the issuer and the payee.

The reason behind the cheque being returned is crucial; it may be due to a lack of funds, a closed account, a payment that has been stopped, or other issues. For companies, accepting a cheque as a form of payment without implementing suitable precautions can pose unwarranted risks, especially when the transaction involves a large sum of money.

The key concern is not just whether the cheque was rejected, but what legal options are available and what actions should be taken next?

Before taking action, it is advisable to understand the circumstances surrounding the dishonour and the applicable legal remedies.

A dishonoured cheque should not simply be treated as a failed transaction. It may raise important legal issues that require prompt attention.

The dishonoured Cheques Offences Act 2004 provides for the following consequences:

Criminal Liability

1. Prison Sentence: An individual who issues a cheque that bounces due to lack of funds when presented within three months can face up to two years in prison without the option of a fine.

2. Corporate Penalties: If a corporate body issues the dishonoured cheque, the company faces monetary fines, and directors can sometimes be held personally liable.

Civil Liability

1. Debt Recovery: The payee can file a civil lawsuit in court to recover the original money owed, alongside potential damages for breach of contract or financial loss.

2. Concurrent Action: Payees can pursue civil recovery at the same time as criminal prosecution.

# Law

We were delighted to celebrate the birthday of our esteemed Managing Partner, Mr. Prince I. Nwafuru.Your exceptional lea...
14/09/2026

We were delighted to celebrate the birthday of our esteemed Managing Partner, Mr. Prince I. Nwafuru.

Your exceptional leadership, vision, and commitment to excellence continue to inspire those around you. We are honoured to celebrate your achievements and the impact of your leadership.

May this new chapter bring you greater success, fulfilment, and countless reasons to celebrate. Wishing you many more years of good health, wisdom, prosperity, and remarkable accomplishments.

What are the rights of a Consumer?Consumer rights refer to the legal protections and privileges a Consumer is entitled t...
14/09/2026

What are the rights of a Consumer?

Consumer rights refer to the legal protections and privileges a Consumer is entitled to. It ensures the consumer is treated fairly and kept safe when buying goods or services. Some consumer rights are:

Right to information in an understandable language-the consumer has the right to receive accurate information about the goods; the quality, price, quantity and all.

Right to safety- the Consumer has the right to be protected from goods and services that may be harmful to life.

  Right to choice: the Consumer has the freedom to choose from a variety of goods and services without being forced.

Right to seek remedy- When a consumer has had his consumer rights violated, he has the right to seek fair compensation, repairs or refunds on goods and services acquired.

Right to consumer education- Consumers have the right to be be informed and educated about  goods and services in order to make informed choices and prevent unfair practices.

Right to cancel orders, bookings and seek refund- the Consumer has the right to reasonably cancel an advance order, booking and seek refund subject to reasonable cancellation charges.

Between January and July 2026, Nigeria recorded several significant legislative developments affecting elections, taxati...
10/09/2026

Between January and July 2026, Nigeria recorded several significant legislative developments affecting elections, taxation, public finance, digital identity, policing, professional practice and business regulation.

The Law Suite’s Mid-Year 2026 Legislative Scorecard reviews these developments and explains what they mean for businesses, legal practitioners, policymakers and citizens. It covers major laws that received presidential assent, reforms that came into force, bills progressing through the National Assembly, the proposed constitutional amendment on State Police, and bills for which presidential assent was withheld.

The publication reflects the legislative position as at 29 July 2026, drawing principally on the official Order Papers of both Chambers of the National Assembly. It also identifies key issues to watch during the second half of the year.

Read the full scorecard here:
https://lnkd.in/efWtsvuJ

Governance Business LegalPractitioners Nigerianlaw Acts Bills Vetoes Rights LegalUpdate TaxCompliance ElectoralAct2026 NIMC ConstitutionalLaw DigitalIdentity NigeriaRevenueService InsuranceRegulation StatePolice HumanRights DataProtection NDPA Nigeria

What makes a Contract unenforceable?An unenforceable contract is simply one which the law prohibits the Courts from enfo...
08/09/2026

What makes a Contract unenforceable?

An unenforceable contract is simply one which the law prohibits the Courts from enforcing. Yes, there may be an agreement between both parties but the Court is prohibited from enforcing it for some reasons which the law provides.

Some common reasons are;

·There was no valid agreement to start with- no offer, no acceptance or no intention to enter a contract.

·Lack of capacity- for example involving people who are not of legal age(18 years).

·Duress or undue influence- the party was forced to enter the contract.

·It is Illegal- if the agreement contains something that is against the law, it will be prohibited.
Fraud or misrepresentation- If consent from the other party was gotten though a fraudulent way or under a false statement, the Agreement can become unenforceable.

·Limitation period- if the time allowed to bring an action to Court has expired, then the party will not be able to enforce the contract.

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Lagos

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Monday 08:00 - 18:00
Tuesday 08:00 - 18:00
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Thursday 08:00 - 18:00
Friday 08:00 - 18:00

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