emeka onohwakpor &co, thompson chambers, 20 Adebola Street, Surulere, Lagos (2026)

11/05/2026

*TAKE NOTE: It is a criminal offence in Nigeria to accept cash payment for the sale of a Car or a landed property*

Thus in the case of ALIYU v. FRN (2026) LPELR-83493(SC).

"It is apropos, perforce, to place on record that the appellant was charged with accepting cash payment for the sale of landed property contrary to the provision of Section 22(1)(a) of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act.

It is germane to pluck it out, verbatim ac litteratim, whence it is domiciled quietly in the statute book. It states:
22. Payments for certain goods
(1) Notwithstanding anything to the contrary contained in any enactment or law and except as provided in Subsection (2) of this Section, no person shall, in Nigeria, make or accept cash payment, whether denominated in foreign currency or not, for the purchase of acquisition of the following:
(a) landed properties;
(b) securities, including stocks, shares, debentures and all forms of negotiable instruments; and
(c) motor cars, including other vehicles of any description whatsoever.
(2) Payments for the items specified in Subsection (1) of this Section shall, as from the commencement of this Act, be made by means of bank transfers or cheques drawn on banks in Nigeria only.

The elements of the offence preferred against the appellant can be harvested from the provision catalogued supra. Thus, the ingredients of the offence, which the respondent has the bounden duty to establish beyond reasonable doubt, are, videlicet: (a) The defendant must be a person, whether juristic or natural person. (b) There must be a landed property. (c) "The landed property must have been sold for valuable consideration i.e money. (d) The defendant received/accepted cash payment for the sale of the landed property." Per OGBUINYA ,J.S.C

28/04/2026

WHEN YOUR ACCOUNT IS FROZEN FOR A FRAUD YOU DID NOT COMMIT ; A POWERFUL DECISION OF THE COURT OF APPEAL, LAGOS DIVISION (DELIVERED MONDAY, 30TH MARCH, 2026) IN OLUMIDE-FUSIKA v. COMMISSIONER OF POLICE & ANOR.
(Reported in LawPavilion Electronic Law Reports LPELR-83490(CA)

A businesswoman sold phones to a customer. The customer paid ₦1,590,000 into her business account. Later, the bank and the police alleged that the money formed part of funds fraudulently moved from another account. Because of that, her bank account was frozen.

WHAT HAPPENED AT THE FEDERAL HIGH COURT
The woman approached the Federal High Court to remove the restriction on her account. She explained clearly that she was only carrying out her legitimate business. She sold phones, delivered the goods, and received payment. She had no involvement in any fraud. Despite this explanation, the Federal High Court refused to lift the restriction on her account.

WHAT HAPPENED AT THE COURT OF APPEAL
Dissatisfied with the decision, she appealed.
In Olumide-Fusika v. Commissioner of Police & Anor, the Court of Appeal carefully reviewed the entire matter and corrected the injustice.
The Court held that the woman could not be treated as a fraudster simply because money was paid into her account. She sold goods for value and received payment in the normal course of her business. The fact that the money was later traced to her account did not automatically make her guilty of fraud.
The Court also condemned the act of filing another similar case over the same issue after an earlier one had already been set aside. It described this conduct as an abuse of court process, meaning the legal system was being used wrongly to harass or frustrate the other party.
In the end, the Court of Appeal allowed her appeal and set aside the order freezing her account.

LESSON LEARNED
Not every person who receives money later linked to fraud is a fraudster. A genuine businessperson who sells goods and receives payment should not be punished without proper investigation and fair hearing. The law recognizes and protects legitimate transactions carried out in good faith.
MESSAGE TO THE PUBLIC
If your account is frozen over a transaction you genuinely carried out, do not panic and do not keep quiet. Gather all your evidence such as receipts, invoices, chats, delivery records, and bank alerts, and consult a lawyer immediately. The law protects innocent people, and no one should lose access to their money because of a fraud they did not commit.

Prepared by:
T. A. Oyolola; Esq
Legal Practitioner.

09/01/2026

W
HAT IS A WILL? A Will is an ambulatory or testamentary document stating how a deceased wants his or her affairs to be administered. A Will is irrevocable after the death of the testator. In summary a Will is the voice of a dead man. It is revocable in the lifetime of the testator, its voluntarily made executed and witnessed in accordance with the law with sound mind through which the testator gives out his property subject to any limitation imposed by law and other directives to his or her executors who administers the estate in accordance with the wishes of the testator as can be seen in the Will.

What Are The Advantages of Making A Will

 Replaces Customary Law

Firstly, a Will makes it impossible for customary law or traditional customs to be applied to your affairs. Except you have a written Will at death your properties shall be given out to people you did not approve of. Although there are a few exceptions as can be seen in Edo State, where a Will could not displace the tradition in Benin

 Displaces Devolution By Statute

Secondly, a Will could make sure you are not caught by the Marriage Act or by the Administration of Estate Laws of various States in Nigeria; this is in the event of dying intestate. So instead of allowing the Statutes to distribute your properties in a manner that would not reflect your wishes you are better of writing a Will.

 Positive Display Of Wishes

A Will allows you to control your fortunes even after your demise. You choose who you want to benefit from your fortunes and whom you want to exclude. You can use your Will to show your love and appreciation for those you love and appreciate for their loyalty during your lifetime.

 Testator’ Peace Of Mind

A Testator must have an intention to make a Will. Something must have compelled him to make a Will; he may believe that in ordering his affairs with a Will all would be well at his death. The fact of the Will may give him that peace of mind that eluded him in his lifetime. His gifts would get to those within his contemplation the way he wants them to.

 Direction As To Burial Arrangements

There are situations where at death the family is not unanimous as to how the burial ceremony should be done. Even the sites of burial have been known to delay burials and lead to litigation and acrimonies. A testator could easily give details in his Will as to his funeral, including funding, place of burial and whether his remains should be cremated or interred.

SUMMARY OF REQUIREMENTS OF A VALID WILL

The Will has to be in writing. The Wills Act 1837, section 4 and 6 of the Wills Laws of Lagos and Oyo States respectively insists that a Will must be in writing. It then means that any Will that is not in writing is not valid. A Will may be in any material depending on the circumstance. It may be typed, printed or lithographed; it may be in ordinary writing, either in ink or pencil.

A testator must have ownership over the property he is giving or bequeathing, as you cannot give what you do not have. The Will must be executed that is signed by the testator. It is advised that you sign the foot and end. This makes it apparent that the testator intended to give effect to the Will. The testator needs to sign before the witnesses. A thumbprint is acceptable. However if testator is illiterate the Will must contain an illiterate jurat.

A testator must be of sound disposing mind, this simply means that the testator must know that he is giving his property out to one or more persons / objects, he must understand and recollect the extent of his property and he must also understand the nature and extent of the claim on him both of those whom he is including in his Will and those whom he is excluding from his Will.

A Will must be voluntary, that is it reflects the true wishes of the testator. It should be without pressure from any quarters whatsoever. Consequently a Will made under undue influence is void.

In conclusion, it is not the intention of this writer to be legally exhaustive on this all-important topic. It is hoped that we shall take advantage of this paper by making sure we do not leave the devolution of our properties and the future of our loved ones to illiterates and the workings of out dated customs and traditions. A Will does not mean one is ready for death immediately, its just that after suffering so much to acquire these bounties we should be in control of how it is used after our demise.

For more information on Wills you could read Kole Abayomi’s book on Wills or contact the writer or your solicitor.
Thank you.
EMEKA ONOHWAKPOR LL.B, BL, LL.M, PGD

SOME QUESTIONS AND ANSWERS

1. Do women write Wills?
Answer: Yes. The law does not discriminate over the gender of who should write a will, as long as you have the desire to state how you want things to be done after your demise. The 1999 Constitution of the Federal Republic of Nigeria also guarantees that women can inherit properties.
2. When should a Will be read?
Answer: Immediately after the demise of the testator.

3. What alternative to a Will do I have?
You may bequeath all your bounties while alive, you may run into the problem of bequeathing to a young person who is not matured enough to handle such properties.

4. What happens if Administrators of an Estate do not follow the instructions in the Will?
You can go to the High court and apply that they be changed and if they converted Estate property to theirs’ you can even instigate criminal charges against them.

5. Can an insane person inherit property?
Legally an insane person does not have the capacity to inherit or administer property, but that can be handled by his Guardian adlitem or his next of kin.

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