Learn Law WDr Maureen Eneh Ujah

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The court in a divorce proceeding, considers certain factors and the nature of the property involved in each case in all...
22/06/2026

The court in a divorce proceeding, considers certain factors and the nature of the property involved in each case in allocating specific properties to the spouses as there is no rigid formula under the law in doing so. They include:

✓ where property was bought and maintained solely by one spouse with his money, during divorce, that property will not be shared by the husband and wife but it will remain the property of the spouse that bought it. However,
✓ where both spouses contributed money to acquire the property during the currency of the marriage, the court using the evidence of the contribution by the spouses to declare what share each will get and not necessarily on equal basis.
✓ where it is the family home that is the subject of a sharing order then if both spouses contributed to its acquisition, construction, or improvement, the court may do either of the following:
* order its sale and distribute the proceeds or
* award it to one spouse while compensation is paid to the other.
✓ where the property is inherited by a spouse from his or her family generally that property remains exclusively the property of the spouse concerned. This is because, family or ancestral property is not usually treated as matrimonial property for sharing upon divorce.
✓ if it is personal gifts made specifically to one spouse, it remains the property of that spouse.
However, gifts intended for both spouses may be treated as jointly owned.

What then does the Court consider in the sharing of the property?

a) financial contributions.
b) non-financial contributions such as caring for children, managing the home, supporting a family business.
c) welfare of the children.
d) conduct of the parties where such is relevant.
e) what is just and equitable in the circumstances.

Remember: Knowledge is power, and ignorance of the law is no excuse. Stay informed and know what the law says.

Dr. Maureen Ujah
Bringing the Law Closer to You

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CHAINED FOR OVER A YEAR: WHAT NIGERIAN LAW SAYS ABOUT UNLAWFUL CONFINEMENT AND DEPRIVATION OF LIBERTY:The conduct of the...
17/06/2026

CHAINED FOR OVER A YEAR: WHAT NIGERIAN LAW SAYS ABOUT UNLAWFUL CONFINEMENT AND DEPRIVATION OF LIBERTY:
The conduct of the man who chained his sister in his apartment for over a year in Abuja because of family property tussle amounts to unlawful confinement, deprivation of personal liberty, assault, and possibly other offences depending on the evidence.
The act has violated Section 35(1) of the 1999 constitution which guarantees her right to personal liberty. It provides that no person shall be deprived of such liberty except in circumstances permitted by law.
Keeping a woman chained inside a house for over a year against her will is a gross violation of her constitutional right to personal liberty.

Section 280 of the Penal Code (which applies in Abuja and most Northern States) which is on wrongful confinement has been violated as well and
punishment of imprisonment, fine or both is provided in Section 281.
Where the confinement continues for an extended period, the offence becomes more serious and may attract heavier punishment under subsequent provisions dealing with prolonged confinement.

Further, provisions of Violence Against Persons (Prohibition) Act 2015 (VAPP Act) have been violated. This Act prohibits various forms of physical, psychological, and emotional abuse. It criminalises conduct that causes physical injury, suffering, deprivation, or degradation of a person's dignity.
The court may impose terms of imprisonment, fines, compensation to the victim, or a combination of these penalties depending on the specific charges proved. Thus, her brother cannot escape the punishment prescribed by the law if he is found guilty and possible charges against him depending on findings from police investigation include:
✓Wrongful confinement.
✓Deprivation of personal liberty.
✓Assault.
✓Causing hurt or grievous hurt.
✓Cruel, inhuman, or degrading treatment.
✓Neglect resulting in bodily harm.
✓Offences under the VAPP Act.

No person, whether a relative, spouse, child, or sibling, has the legal right to chain, imprison, or subject another person to inhuman treatment. The Nigerian Constitution guarantees personal liberty, while the Penal Code and the Violence Against Persons (Prohibition) Act criminalise unlawful confinement, assault, and degrading treatment. A person who keeps another human being chained and confined for months or years may face imprisonment, fines, and other criminal sanctions upon conviction.
This incident, if established by evidence in court, represents not merely a family matter but a serious violation of both constitutional and criminal law. ゚viralシ

Imagine that the police are looking for a suspect who cannot be found. Instead of continuing their investigation, they a...
16/06/2026

Imagine that the police are looking for a suspect who cannot be found. Instead of continuing their investigation, they arrest the suspect's wife, husband, parent, child, brother, or sister and detain them until the suspect surrenders.
Can they do that under Nigerian law?
The answer is NO based on the following legal authorities:
1) Section 35(1)(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) permits the arrest and detention of a person only upon reasonable suspicion that that person has committed a criminal offence.
2) Section 7 of the Administration of Criminal Justice Act (ACJA) 2015 expressly prohibits arrest in place of a suspect. It provides:
"A person shall not be arrested in place of a suspect."
3) The courts have consistently condemned the practice of arresting relatives or associates merely because the actual suspect cannot be found. In Fawehinmi v. Inspector-General of Police (2002) 7 NWLR (Pt. 767) 606, the Court of Appeal emphasized that the police must exercise their powers within the bounds of the law and respect the fundamental rights guaranteed by the Constitution. Similarly, in Onagoruwa v. State (1993) 7 NWLR (Pt. 303) 49, the court reaffirmed that criminal responsibility is personal and cannot be imposed on a person merely because of his or her relationship with another.

What then does this mean in practice?
The police cannot lawfully arrest:
❌ A wife because her husband is wanted.
❌ A husband because his wife is a suspect.
❌ A parent because a child is under investigation.
❌ A child because a parent is wanted by the police.
❌ A brother or sister because their sibling is being sought by law enforcement.

However, a family member may be arrested where there is evidence that he or she:
✔ Participated in the offence;
✔ Aided or abetted its commission;
✔ Conspired with the suspect;
✔ Harboured the suspect; or
✔ Committed any other independent offence known to law.

Conclusion
The law is clear: the police may arrest suspects, but not substitutes. Being related to a suspect does not make one a suspect. Unless there is reasonable suspicion that a family member personally committed an offence or was involved in its commission, his or her arrest and detention would be unlawful and may give rise to an action for the enforcement of fundamental rights.
Section 7 of the ACJA puts the matter beyond doubt:
"A person shall not be arrested in place of a suspect."

The law is settled: guilt is personal; kinship is not a crime.

Have you ever witnessed a situation where a family member was arrested because the police could not find the actual suspect? Share your experience or thoughts in the comments.
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No. Under Nigerian law, a court will only dissolve a statutory marriage if it is satisfied that the marriage has broken ...
16/06/2026

No. Under Nigerian law, a court will only dissolve a statutory marriage if it is satisfied that the marriage has broken down irretrievably. To prove this, the petitioner must establish at least one of the grounds recognized by the law, such as adultery, desertion, unreasonable behaviour, prolonged separation, refusal to consummate the marriage, or other statutory facts.
In addition, a divorce petition is generally not permitted within the first two years of marriage unless there are exceptional circumstances, such as exceptional hardship or depravity.
Knowledge is power, and ignorance of the law is no excuse. ゚viralシ

DISCIPLINE OR CHILD ABUSE? WHAT THE LAW SAYS ABOUT THIS CHILD'S CASE:The following Nigerian and international legal inst...
15/06/2026

DISCIPLINE OR CHILD ABUSE? WHAT THE LAW SAYS ABOUT THIS CHILD'S CASE:
The following Nigerian and international legal instruments protect children from abuse, violence, neglect, exploitation, and injury.

Nigerian Laws

1. Child Rights Act 2003
This is the principal legislation protecting children in Nigeria.
Section 1 provides that the best interests of the child shall be the primary consideration in all actions concerning a child.
Section 4 guarantees every child the right to survival and development.
Section 11 provides that no child shall be subjected to physical, mental, or emotional injury, abuse, neglect, maltreatment, torture, or inhuman or degrading treatment.
These provisions impose a duty on parents, guardians, and caregivers to provide proper care, protection, and maintenance for children.

2. Violence Against Persons (Prohibition) Act 2015 (VAPP Act)
The Act criminalises various forms of violence, including:
✓ Physical abuse and battery
✓ Emotional and psychological abuse
✓ Harmful traditional practices
✓ Abandonment and neglect of dependants
3. Criminal Code Act / Penal Code
These laws criminalise:
✓ Assault occasioning bodily harm
✓ Grievous harm
✓ Cruelty to children
✓ Acts likely to endanger life or health
4. Constitution of the Federal Republic of Nigeria 1999 (as amended)
The Constitution guarantees:
✓ The right to life (Section 33)
✓ The right to dignity of the human person (Section 34)
These rights extend to children and prohibit inhuman or degrading treatment.

International Legal Instruments.

1. United Nations Convention on the Rights of the Child (CRC)
Nigeria ratified the Convention in 1991.
Article 19 requires States Parties to protect children from all forms of physical or mental violence, injury, abuse, neglect, maltreatment, or exploitation.

2. African Charter on the Rights and Welfare of the Child
Nigeria has ratified this Charter.
Article 16 obliges States to protect children from:
✓ Torture
✓ Inhuman or degrading treatment
✓ Physical or mental injury and abuse
✓ Neglect and maltreatment

3. African Charter on Human and Peoples' Rights
This Charter, which has been domesticated in Nigeria, protects the dignity and physical integrity of all persons, including children.

Child Labour
Child labour in Nigeria is primarily prohibited under Part III of the Child Rights Act 2003, particularly Section 28, which prohibits exploitative and hazardous child labour.
Where a child is sent out as a house help and is exposed to torture, cruelty, degrading treatment, or serious abuse, such conduct may amount to a violation of the child's rights under the Child Rights Act and other applicable laws. Where physical injuries result, criminal liability may also arise.

Can Parents Discipline Their Children?

The law recognises a parent's right to reasonably discipline a child. However, that right is not unlimited.
Neither Nigerian law nor international law permits discipline that causes injury, bodily harm, serious physical abuse, emotional trauma, cruelty, or treatment that endangers the child's welfare.
Once discipline crosses the line into abuse and results in injury or degradation, child protection and criminal laws may be invoked.

In conclusion, while parents and guardians have a duty to guide and discipline children, the law does not permit abuse disguised as discipline. The welfare, dignity, and best interests of the child remain the paramount consideration at all times. ゚viralシ

With some members of the 'Back Benchers' who presented me with a token of appreciation in recognition of my supervision,...
14/06/2026

With some members of the 'Back Benchers' who presented me with a token of appreciation in recognition of my supervision, mentorship, and motherly care. I am deeply touched by this thoughtful gesture and truly grateful for their kindness.
As always, my page remains a platform for learning and sharing legal knowledge. Feel free to bring your legal questions and concerns here, and together, let's explore what the law says about them. You may be surprised to discover that many issues are not as complicated as they first appear.
What legal issue have you always wanted clarity on? Drop it in the comments, and let's discuss it.
Remember: knowledge is power, and ignorance of the law is no excuse.

I'm a product of God's grace. Join me in appreciating the Almighty God for the grace to witness another year in good hea...
07/06/2026

I'm a product of God's grace. Join me in appreciating the Almighty God for the grace to witness another year in good health. Happy birthday to me 🎂 🍾🥂 Grateful heart 💖 ゚viralシ

Many people assume that once a protest turns violent, treason has automatically been committed. But that is not what the...
05/06/2026

Many people assume that once a protest turns violent, treason has automatically been committed. But that is not what the law says.

The offence of treason is provided for under section 37 of the Criminal Code Act.

Generally, the following do not amount to treason:

❌ Calling for the resignation of the President.

❌ Criticising government policies on social media or elsewhere.

❌ Participating in a peaceful protest.

❌ Organising or participating in a lawful strike.

❌ Belonging to an opposition political party and seeking to change the government through elections.

However, conduct may cross the line into treason where there is an attempt to overthrow the government by force, violence, insurrection, or war, or where the acts otherwise fall within the definition of treason under the law.

In other words, treason is not committed merely because a person disagrees with the government or protests against its policies. The offence is concerned with attacks against the State through force, violence, or other acts recognised by law as treasonable conduct.

Before reading this post, did you think a protester could never be charged with treason? Share your thoughts in the comments.

03/06/2026

UNILATERAL MISTAKE EXPLAINED.
Watch till the end, learn and like!

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