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MacMillan Igbo & Co., Suite A27, Melita Plaza, Plot 599 Gwazor Close, Off H-Medix, 2f Gimbiya Street, Area 11, Garki, Abuja (2026)

23/01/2023

JOB OPENING

A law firm in Abuja requires the services of a young female lawyer of 1 - 3 years standing.

Kindly call this number 08091122900

Signed management

10/09/2021

Where a part-payment is made, it shows that a contract for the purchase of the subject matter has been concluded and final.

The person that made part payment of a property acquired an equitable interest over the property that is as good as a legal estate.

At that point, the Seller had nothing left of the property or interest to transfer or sell to a third party.

Rano v. Rano (2021)12 NWLR PT. 1790 AT 292.

MacMillan's Lagal Tips - Vol 1- 002

06/09/2021

When a wife buys a property, and conveys it in the name of her husband, there is no presumption of advancement infavour of her husband; he holds in trust for his wife. However, if the husband purchases a property in his wife's name, this is prima facie a gift to her .

- see Silver v. Silver (1958) 1 All E. R.523."

MacMillan's Lagal Tips - Vol - 1/001

11/06/2021

Spray naira notes, go to jail – CBN warns Nigerians

The Central Bank of Nigeria, CBN, has warned Nigerians against spraying the Naira notes in parties and other events.

The CBN spokesman, Isaac Okorafor, who made this known on Thursday in a statement, said defaulters would be jailed for not less than six months and would be given the option of a N50,000 fine.

According to the spokesman, the CBN has concluded the decision to establish mobile courts to prosecute those abusing the Naira notes.

He noted that the security agencies particularly the police operatives would be involved in monitoring the Naira users and ensure that the order is enforced across the nation.

“If a celebrant is dancing and you spray him/her, you may go to jail from the party venue, because the law enforcement agents will be there, waiting to arrest you.

“The law enforcement agencies must catch offenders and take them to court. Our (CBN) collaboration with the police will intensify as we move to implement the mobile court for offenders,” Mr Okorafor said in a statement on Thursday.

The CBN spokesman urged Nigerians to ensure that monies being gifted to their loved ones either in an event or not are properly enveloped to avoid abusing the note.

21/05/2021

Buhari directs NCC to collect Nigerians’ phone IMEIs, IDs in three months

BY BRIDGET EDOKWE · MAY 21, 2021

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Nigeria’s President Muhammadu Buhari has directed the Nigerian Communications Commission to collect the phone International Mobile Equipment Identity (IMEI) of citizens within three months.

Buhari’s directive to the NCC was contained in the Revised National Identity Policy for SIM Card Registration. The directive, according to Buhari, must be fully implemented by the end of July 2021.

The policy stated that the implementation of a Centralized Equipment Identity Register (CEIR) otherwise known as Device Management System (DMS) will serve as a repository for keeping records of all registered mobile phones’ International Mobile Equipment Identity (IMEI) and owners of such devices.

The policy

The Revised National Identity Policy for SIM Card Registration contains how the government intends to achieve security from the digital space.

“IMEIs that have been reported as either stolen or illegal will be shared through the DMS to all the operators and service providers,” the policy stated that “the purpose is to ensure that such devices do not work even if different SIM Cards are inserted in those devices.

DMS will also provide access to all operators to cross-check the IMEIs and their status before allowing a device to become active on their network. Furthermore, registered mobile phone technicians will also be provided with an interface to check IMEIs and ensure it has not been reported as stolen or illegal before they render their technical services.

“To achieve this, the Nigerian Communications Commission (NCC) would be responsible for the implementation and management of the DMS to achieve the policy objectives.

“Accordingly, His Excellency, President Muhammadu Buhari, GCFR has directed that the Device Management System should be implemented within three months.”

Why collect phone IDs

With the emergence of the new policy, Nigerians are quite unclear of the purposes of the directive. Some are of the opinion that the reasons for implementation are the same as that of the National Identity Number (NIN) that is being conducted by the National Identity Management Commission (NIMC).

The objectives of the government, according to the policy include, to register and capture the IMEIs of all mobile phones and other smart devices on the DMS which, will serve as a repository for sharing data of stolen devices across all networks

Also, to ensure all un-registered devices do not work in any of the Networks in Nigeria and to ensure every reported IMEIs for stolen and illegal mobile phones and other smart devices are blacklisted and shared with all operators across all networks.

While the government has not announced how it intends to implement the policy in the next three months, Nigerians are not convinced about the policy that is being spearheaded by communications and digital economy minister Ali Isa Pantami, who has been engulfed with calls for resignation over his past pro-terrorist views.

03/03/2021

BREAKING: Court abolishes customary law against female inheritance in Akwa Ibom LGA

Posted on 30 seconds ago AuthorIta AbiaComment(0)

The ancient traditional practice in Etinan local government area, Akwa Ibom State which denied women and female children the rights to inherit their fathers and relatives’ landed property has been abolished, FIRST REPORTS can report.

READ ALSO Lady treks home after man he went to see refused to give her TP fare, then this happened

The State High Court sitting in Etinan held that any custom that denies a woman an inheritance on the ground of her s*x, is not only unfair but runs contrary to the fundamental objective of the 1999 Constitution of the Federal Republic of Nigeria.

Justice Pius Idiong gave the ruling in suit number HET/3A/2019 between Mr Michael Patrick Noah (and seven others) and Mrs Gertrude Ekanem.

The eight children of late Obong Patrick Joseph Noah of Edem Ekpat in Etinan had opposed their aunt, Mrs Gertrude Ekanem from inheriting the landed property of her sister, late Immaculata Noah, who died and left behind the property without a husband or a child.

The case which originated from the Etinan District Court had its judgment appealed by the appellants to the Chief Magistrate Court and the High Court.

In their evidence, the appellants contended that their aunt cannot inherit her sister’s property located at 24 Iman Street, Etinan, because she is a woman and had also been married out of the family.

In his judgment, Justice Idiong described such practice as “anachronistic, primitive and unconscionable,” saying such should not exist in the 21st Century society.

The judge argued that although the Courts are enjoined to apply, administer and give effects to the custom and tradition of the people of its area of jurisdiction, the Court does not have to apply customs, which are unreasonable, discriminatory and an affront to the law.

He further held that the custom of the people of Edem Ekpat in particular and Etinan LGA in general, denying a woman the right to inherit the intestate property of her parents or siblings, where the deceased died without a male child, debases such a woman and contravenes section 42 of the 1999 constitution.

19/02/2021

WHAT NEW TENANTS MUST DO

S. 26 NATIONAL ELECTRIC POWER AUTHORITY ACT provides that whenever any consumer of electricity supplied by the Authority leaves the premises where such electricity has been supplied to him without paying the charges for electricity or meter rental due from him, the Authority shall be entitled to recover from the next tenant the arrears left unpaid by the former tenant, unless the incoming tenant has, before consuming electricity, given notice to the Authority requiring the meter to be read or has given notice of the date of commencement of his tenancy where no meter is supplied.

As a new tenant, before you start consuming electricity from a building that you just moved into, expecially an old building previously inhabited, you shoud do the following;

WHAT A NEW TENANT MUST DO.

1.Before using electricity in the building give notice to the authority requiring the meter to be read.The measurements from the readings of electricity meters are used to calculate the amount of energy supplied to consumers and will appear on the energy bill sent to the consumer by the distribution companies.
Where the tenant discovers that the readings and bill presented is exhorbitant or that he never consumed the electricity it will be appropriate for such consumer to report to NERC who is required to investigate the complaint and make best efforts to resolve the problem.

2. If there are no meter in the building, you must give notice of the date of commencement of your tenancy. If you recently moved into a building and you discover that there is no meter in the building, you must give notice to the relevant authorities of the date your tenancy commenced. This will help in calculating the bill to be presented to you.

3. Where this issue is not resolved you can file a complaint in accordance with NERC guidelines. All customers have a right to file complaints and to the prompt investigation of complaints where they suspect there consumption right is being infringed on.
The tenant may report such inaccurate billing to the Commission who is expected to investigate and act. Where they so acts and do not reach a fair decision, you can appeal their decision. Furthermore Where the Commission fails to resolve the problem or refuses to act, the tenant can bring up an action in a court of competent jurisdiction.
4. Any un-metered customer who is disputing his or her estimated bill has the right not to pay the disputed bill, but pay only the last undisputed bill as the contested bill go through the dispute resolution process of NERC. This is one of the rights of a consumer as provided in NERC guidelines.

It is pertinent to follow these steps as a new tenant who just moved into an apartment or building in order to enjoy the electricity that will be provided. It is very disheartening to pay the bills of an electricity accrued to a previous tenant.

28/01/2021

BREAKING NEWS

President Muhammadu Buhari signs Executive Order making Wearing of Face Mask anywhere in Nigeria Compulsory

Prescribes six months jail term for flouting COVID-19 PROTOCOLS

PRESIDENT MUHAMMADU BUHARI SIGNS CORONAVIRUS DISEASE(COVID-19) HEALTH PROTECTION REGULATIONS 2021

SIGNED ON 26TH JANUARY, 2021

SEE CONTENTS BELOW:
CORONAVIRUS DISEASE (COVID-19) HEALTH PROTECTION REGULATIONS 2021
In the exercise of the powers conferred upon me by Section 4 of the Quarantine Act, Cap. Q2 Laws of the Federation of Nigeria 2010 and all other powers enabling me in that behalf; and in consideration of the urgent need to protect the health and wellbeing of Nigerians in the face of the widespread and rising numbers of COVID-19 cases in Nigeria, I, Muhammadu Buhari, President of the Federal Republic of Nigeria, hereby make the following Regulations –

PART 1
Restrictions on Gatherings
1. At all gatherings, a physical distance of at least two metres shall be maintained at all times between persons.
2. Notwithstanding the provision of Regulation 1, no gathering of more than 50 persons shall hold in an enclosed space, except for religious purposes, in which case the gathering shall not exceed 50% capacity of the space.
3. All persons in public gatherings, whether in enclosed or open spaces, shall adhere to the provisions of Part 2 of these Regulations.
4. The provisions of these Regulations may be varied by Guidelines and Protocols as may be issued, from time to time, by the Presidential Task Force (PTF) on Covid-19 on the recommendation of the Nigeria Centre for Disease Control (NCDC).

PART 2
Operations of Public Places
Markets (including open markets), Malls, Supermarkets, Shops, Restaurants, Hotels, Event Centres, Gardens, Leisure Parks, Recreation Centres, Motor Parks, Fitness Centres, etc.
5. No person shall be allowed within the premises of a market, mall, supermarket, shop, restaurants, hotels, event centres, gardens, leisure parks, recreation centres, motor parks, fitness centre or any other similar establishment (hereinafter collectively referred to as “establishments”) except:
a. he is wearing a face covering that covers the nose and mouth;
b. he washes his hands or cleaned the hands using hand sanitiser approved by the National Agency for Food and Drug Administration and Control (NAFDAC); and
c. his body temperature has been checked. Any person found to have a body temperature above 38 degrees Celsius shall be denied entry and advised to immediately seek medical attention.
6. Every establishment occupier shall make provision for regular hand hygiene for any person coming into the premises during opening hours. This includes a handwashing station with soap and running water, or hand sanitiser approved by NAFDAC.
7. Each establishment occupier is responsible for cleaning and disinfecting his premises.
8. It is the responsibility of the occupier of the establishment to:
a. Enforce the proper use of face covering;
b. Make provision for safe hygiene facilities;
c. Enforce provision of temperature checks prior to entry into the establishment;
d. Enforce provisions and use of face covering within the establishment;
e. Ensure that their customers queue up and are attended to serially while complying with physical distancing measures and avoiding overcrowding; and
f. Generally, ensure compliance with the provisions of these Regulations.
9. Occupiers of establishments are liable for any observed non-compliance by any persons within the premises.
Places of Worship
10. All worshippers and users of places of worship shall comply with the provisions of Parts 1 and 2 of these Regulations.
11. Worshippers shall, where and whenever possible, avoid sharing worship items such as mats, bottles, hymnals, etc.
12. It is the responsibility of the person in charge of a place of worship to ensure compliance with the provisions of these Regulations within the worship centre.
Workplace and Schools
13. All persons entering the premises of a workplace or school shall comply with the provisions of Parts 1 and 2 of these Regulations.
14. It is the responsibility of the person in charge of a workplace or a school to ensure compliance with the provisions of these Regulations within the office or school premises.
Banks
15. All employees, customers and visitors of banks shall comply with the provisions of Parts 1 and 2 of these Regulations.
16. All banks shall comply with the guidelines, mode and scope of operations issued by the Central Bank and Federal Ministry of Finance as it relates to the COVID-19 response.
17. All banks shall develop a schedule for regular cleaning of buttons and surfaces of Mantrap Entrance Doors, ATM machines and other commonly used areas.
Public Transportation Vehicles
18. All operators and passengers of public transportation vehicles (hereinafter referred to as “operators”) shall comply with the provisions of Part 2 of these Regulations.
19. Operators shall ensure adequate spacing in between passengers.
20. Operators shall ensure frequent cleaning and disinfection of parts of the vehicle frequently handled by passengers and drivers such as doors and window handles/buttons, steering wheels and dashboards.
21. Operators shall encourage passengers to frequently perform hand hygiene.
22. All operators of trains, ships and planes shall have an occupational health and infectious diseases preparedness plan, in case an employee or traveller becomes unwell in the course of a journey.
23. It is the responsibility of operators to ensure compliance with the provisions of these Regulations in the course of their operations.
Hostels, Boarding Houses and Detention Centres
24. Managers of Hostels, Boarding Houses, Nursing Homes, Correctional Centres, Remand Homes, Holding Cells, Military Detention Facilities, and such centres for care and custody of persons, shall ensure compliance with the provisions of these Regulations.
25. Managers of such facilities shall ensure that suspected cases of Covid-19 are promptly and appropriately separated from others and are reported to medical officers of the State Ministry of Health for necessary action.

PART 3
Mandatory Compliance with Treatment Protocols
26. The health and safety protocols and guidelines are issued by the PTF on Covid-19 on the recommendation of the NCDC and shall be binding on all persons.
27. Persons confirmed to have tested positive to COVID-19 by an NCDC accredited laboratory, may not refuse isolation and or admission to a designated health establishment for management of the disease.
28. All public secondary and tertiary health facilities shall designate a space or holding bay for the initial triage or assessment of suspected persons with COVID-19 in line with the approved protocol for case management.
29. All public secondary and tertiary health facilities shall establish sample collection centres, where test samples from suspected cases can be collected and transmitted to an accredited testing laboratory in the State.
30. Notwithstanding the provision of Regulation 27, where a person confirmed to have tested positive to the COVID-19 is:
a. Asymptomatic or has mild symptoms; and
b. Proves able to make an alternative isolation arrangement that satisfies protocols issued by the NCDC, as certified by a healthcare provider and assessment by a medical professional;
such person may use such alternative arrangements, including supervised “home-based care,” for self-isolation and adhere strictly to the guidelines, until confirmed by the healthcare provider to be no longer at risk of infecting others with the virus.

PART 4
Offences and Penalties
31. Any person who contravenes the provisions of these Regulations commits an offence.
32. Any person who, without reasonable cause, contravenes a direction given under Parts 1 and 2 of these Regulations commits an offence.
33. Any person who, without reasonable cause, obstructs an authorised official from enforcement of these Regulations commits an offence.
34. An offence under these Regulations is punishable, on summary conviction, by a fine or a term of six months imprisonment or both in accordance with Section 5 of the Quarantine Act.

PART 5
Enforcement and Application
35. Personnel of the Nigeria Police Force, the Nigeria Security and Civil Defence Corps, the Federal Road Safety Corps, the Nigeria Immigration Service, the Federal Airport Authority of Nigeria, and other relevant Local Government, State and Federal Government agencies are hereby directed to enforce the provisions of these Regulations.
36. Any officer of the enforcement agencies who fails, neglects, or refuses to enforce the provisions of these Regulations shall be subject to disciplinary action by the disciplinary body of his respective agency.
37. The provisions of these Regulations shall apply throughout the Federal Republic of Nigeria.
38. State Governors may issue Regulations on further steps as may be considered necessary.

PART 6
Interpretation and Citation
39. In these Regulations, unless the context otherwise requires:
a. “Offence” means any act, which may constitute a violation of the provisions of these Regulations.
b. “Enforcement Agency” means any law enforcement or security agency vested with the statutory power to investigate and prosecute any person in respect of any of the applicable offences.
c. “Face covering” means a covering of any type (other than a face shield) which covers, fully, a person’s nose and mouth.
d. “gathering(s)” means an assembly or meeting of people.
e. “occupier” means any person who is in current occupation and control of premises either as an owner or lessee.
f. “Public transportation vehicle” means bicycle, motorcycle, tricycle, car, taxi, limousine, bus, train, ship, plane, or any other vehicle of transportation that carries more than one person at a time.
g. “reasonable cause” includes medical emergency, wherein the person in violation forgot to put on face covering, but complied with the directive to do so upon prompting; a natural disaster, wherein persons need to be evacuated into a public space; etc.
40. These Regulations shall take effect immediately and remain in effect until otherwise determined.
41. All other Protocols and Guidelines issued by the PTF, NCDC, and or State Governments, except as expressly provided, shall remain in force.
42. These Regulations may be cited as the Coronavirus Disease (Covid-19) Health Protection Regulations 2021.

14/01/2021

Court Martial sentences a Soldier to Death by Firing Squad for Killing his Newly Married Commander

A court-martial sitting in Borno State has sentenced Trooper Azunna Maduabuchi to death by firing squad for killing his commander at 202 Battalion of the 21 Special Armoured Brigade in Bama, Lieutenant Babakaka Ngorgi.

Maduabuchi had in July 2020 fired at least five shots at the late Ngorgi, while the latter was on the telephone with his newly married wife.

Maduabuchi was on Tuesday sentenced to death by firing squad after he was found guilty at the court session held at the Maimalari Cantonment, Maiduguri.

Maduabuchi had in July 2020 fired at least five shots at the late Ngorgi, while the latter was on the telephone with his newly married wife. He was said to have embarked on the shooting spree shortly after the troops returned from scanning the environment to wade off Boko Haram terrorists.

It was gathered that the shooter aimed at the officer’s chest and released rapid rounds, stunning his colleagues who were present.

“We were all shocked because we did not expect that such a thing could happen at that moment. Soldiers and officers were in a sad mood to the extent that they wanted to go and kill the shooter in the guardroom but the Brigade Commander ordered that they should not kill the guy.

“Later, we tried to verify if there were issues between them but nothing personal was established. We only found out that the soldier’s bank account had been blocked for several months so he could not collect his office allowance and salary. He had been complaining that he was also not even given a pass so he could go out. We are in a sad mood already here,” a source said.

Four other soldiers arraigned for manslaughter were sentenced to various years of imprisonment. Sergeant Sani Ishaya was sentenced to four years, Bidemi Fabiyi sentenced to two years while Private Musa Bala and Private Abdulraheed Adamu were sentenced to one-year imprisonment. Ishaya, who was arraigned along with the others for torturing Peter Apogu to death over suspected theft, was sentenced to four years imprisonment. His accomplice Fabiyi was slammed with two years imprisonment while Adamu and Musa got one year each for their involvement in the crime.

Another soldier Mohammed Kudu was sentenced to three years imprisonment shooting a 12-year-old boy at a wedding.

Lance Corporal Aja Emmanuel arraigned for a lone charge of assault has been de-ranked and now a private soldier.

The arraignment and sentencing of the erring soldiers is in accordance with Section 106 of the Armed Forces Act.

23/12/2020

From all of us at MacMillan Igbo & Co.

10/11/2020

UAE Relaxes Islamic Laws, Allows Alcohol, Cohabitation Of Unmarried Couples

The United Arab Emirates announced on Saturday a major overhaul of the country’s Islamic personal laws, allowing unmarried couples to cohabitate, loosening alcohol restrictions and criminalizing so-called “honor killings.”

The broadening of personal freedoms reflects the changing profile of a country that has sought to bill itself as a Westernized destination for tourists, fortune-seekers and businesses despite its Islamic legal code that has previously triggered court cases against foreigners and outrage in their home countries.

The reforms aim to boost the country’s economic and social standing and “consolidate the UAE’s principles of tolerance,” state-run WAM news agency reported, which offered only minimal details in the surprise weekend announcement. The government decrees behind the changes were outlined extensively in state-linked newspaper The National, which did not cite its source.

The move follows a historic U.S.-brokered deal to normalize relations between the UAE and Israel, which is expected to bring an influx of Israeli tourists and investment. It also comes as skyscraper-studded Dubai gets ready to host the World Expo. The high-stakes event, expected to bring a flurry of commercial activity and some 25 million visitors to the country, was initially scheduled for October but was pushed back a year because of the coronavirus pandemic.

The changes, which The National said would take immediate effect, also reflect the efforts of the Emirates’ rulers to keep pace with a rapidly changing society at home.

“I could not be happier for these new laws that are progressive and proactive,” said Emirati filmmaker Abdallah Al Kaabi, whose art has tackled taboo topics like homos*xual love and gender identity.

“2020 has been a tough and transformative year for the UAE,” he added.

Changes include scrapping penalties for alcohol consumption, sales and possession for those 21 and over. Although liquor and beer is widely available in bars and clubs in the UAE’s luxuriant coastal cities, individuals previously needed a government-issued license to purchase, transport or have alcohol in their homes. The new rule would apparently allow Muslims who have been barred from obtaining licenses to drink alcoholic beverages freely.

Another amendment allows for “cohabitation of unmarried couples,” which has long been a crime in the UAE. Authorities, especially in the more freewheeling financial hub of Dubai, often looked the other way when it came to foreigners, but the threat of punishment still lingered. Attempted su***de, forbidden in Islamic law, would also be decriminalized, The National reported.

In a move to better “protect women’s rights,” the government said it also decided to get rid of laws defending “honor crimes,” a widely criticized tribal custom in which a male relative may evade prosecution for assaulting a woman seen as dishonoring a family. The punishment for a crime committed to eradicate a woman’s “shame,” for promiscuity or disobeying religious and cultural strictures, will now be the same for any other kind of assault.

In a country where expatriates outnumber citizens nearly nine to one, the amendments will permit foreigners to avoid Islamic Shariah courts on issues like marriage, divorce and inheritance.

The announcement said nothing of other behavior deemed insulting to local customs that has landed foreigners in jail in the past, such as acts of homos*xuality, cross-dressing and public displays of affection.

Traditional Islamic values remain strong in the federation of seven desert sheikhdoms. Even so, Annelle Sheline, a Middle East research fellow at the Quincy Institute for Responsible Statecraft, wrote on Twitter that the drastic changes “can happen without too much popular resistance because the population of citizens, especially in the main cities of Dubai and Abu Dhabi, is so small.”

The roughly 1 million Emiratis in the UAE, a hereditarily ruled country long criticized for its suppression of dissent, closely toe the government line. Political parties and labor unions remain illegal.

MacMillan Igbo & Co.

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