Amofin Solicitors

02/01/2026

Dear Esteemed Clients,

As we step into the New Year, we wish to sincerely appreciate you for the trust and confidence you have consistently reposed in Amofin Solicitors. We are deeply grateful for the opportunity you have given us to render our professional legal services to you.

Your support and confidence in our firm have been instrumental to our growth and continued commitment to excellence. We do not take this relationship for granted.

As we look forward to 2026, we are excited about the prospect of growing bigger and stronger together with you. We remain fully committed to delivering even better, more efficient and client-focused legal services this year. You can be assured that your matters will be handled with greater dedication, professionalism, and responsiveness than ever before.

We sincerely appreciate your continued trust and confidence and look forward to serving you better in the year ahead.

Once again, thank you for choosing Amofin Solicitors.

Warm regards,
Amofin Solicitors

21/08/2025

Before you buy that land

Buying land is a good investment, but it is equally important to understand the law that regulates land ownership in Nigeria. The principal legislation is the Land Use Act, 1978, which vests all land in each state in the Governor, to be held in trust for the people. This legal framework means that individuals do not own land absolutely. Instead, they are granted a right of occupancy, either statutory (granted by the Governor) or customary (granted by the Local Government)

Property buyers must understand that without a valid right of occupancy and the Governor’s consent for subsequent transfers, any transaction may be defective. Furthermore, land cannot be sold outright without compliance with statutory provisions, and failure to obtain consent may render such transfers void in law.

Another key point is that all land is subject to revocation by the government for overriding public interest, although compensation is usually payable. Buyers should also recognize the implications of the Act on mortgages, leases, and assignments, as all require the Governor’s consent.

In essence, the Act centralizes control of land, limiting absolute ownership but ensuring uniform regulation of land transactions. Awareness of these provisions helps in understanding the legal framework that governs land dealings in Nigeria.

Disclaimer: This post is for general legal education purposes only and does not constitute legal advice

19/08/2025

What to Do If Your Bank Freezes Your Account

A frozen bank account can be unsettling, but understanding the possible reasons and the legal steps available can reduce anxiety. Banks may restrict accounts due to a court order, suspicion of fraud, regulatory directives, or issues relating to Know Your Customer (KYC) compliance.

The first step is to identify the basis of the restriction. Banks are obliged to inform customers of the status of their accounts, including the reason for the freeze. If the restriction stems from a court order, relief can only be obtained by applying to the court that issued it. Where it arises from incomplete documentation or regulatory requirements, updating records may resolve the matter.

If you believe the action is wrongful, legal remedies exist. These may include filing a complaint with the appropriate regulatory authority or seeking judicial intervention. Importantly, where a freeze is based on a court order, only the court can lift it—the bank cannot act unilaterally. The specific steps to resolution depend on the cause of the restriction and the applicable laws.

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. For advice on specific situations, consult a qualified legal practitioner.

11/08/2025

Navigating Nigeria's Evolving Tax Landscape: A Comprehensive Overview of Recent Reforms

Nigeria's tax environment has undergone a significant transformation in recent times. These reforms, contained in the recently enacted tax legislation, namely, the Nigeria Tax Act, 2025, and the Nigeria Revenue Service (Establishment) Act, 2025, are reshaping the way taxes are assessed, collected, and enforced. Whether you’re an individual earning income or a business running operations, it’s crucial to understand how these changes affect you and what steps you need to take to stay compliant and make the most of the new framework.

Read our latest publication on how to navigate the tax web here

15/07/2025

Court Curbs Bank's Power: Unilateral Account Restrictions Declared Unlawful

A recent judgment of the FCT High Court in Umar Bello Sadiq v. Guaranty Trust Bank underscores the limits of a bank’s authority to freeze customer accounts. The court ruled that banks cannot impose a Post-No-Debit (PND) based on orders from courts without jurisdiction, such as an Area Court, nor can they unilaterally restrict accounts merely because of a pending lawsuit without a valid court order. We, Amofin Solicitors, represented the Claimant in the suit against GTB for refusing to lift the PND from the Claimant's account and for subsequently placing the account on lien. In its defence, Guaranty Trust Bank claimed it had lifted the PND following the service on her of a new order vacating the initial order it relied on but subsequently placed a lien on the account based on a separate, pending action before the Jigawa State High Court concerning the same account. GTB also raised the issue of jurisdiction, arguing that the pending case in the Jigawa State High Court in respect of the account has robbed the FCT High Court of its jurisdiction

In its judgment, the court considered the following:

1. Whether the FCT High Court had the jurisdiction to hear the case despite a pending suit in Jigawa State.

2. Whether an Area Court has the legal authority (jurisdiction) to issue an order directing a bank to place a Post-No-Debit (PND) restriction on a customer's account.

3. Whether the bank's failure to remove the PND, after being served with a court order that vacated the initial restriction, was unlawful, a breach of its duty of care, and a violation of the Claimant's fundamental rights under Section 44 of the 1999 Constitution.

4. Whether the bank could unilaterally place a lien on the Claimant's account merely because it was a party to a separate, pending lawsuit involving the said account without a specific court order authorizing the lien.

The court held, amongst others, thus:

i. On Jurisdiction: The court affirmed its jurisdiction, ruling that the pending case in Jigawa State was different in parties and reliefs sought, and therefore did not prevent the current suit from proceeding.

ii. Area Court's Power: The court also held that an Area Court lacks the jurisdiction to entertain banking matters or issue a Post-No-Debit order against a customer's account. Consequently, the original order GTB relied on was declared invalid and void from the beginning (void ab initio).

iii. Bank's Duty: The court found that the bank's refusal inform the Claimant of the state of its account, its refusal to lift the restriction after the initial order was set aside constituted a flagrant abuse of power and a violation of the duties of care and trust owed to the Claimant under the banker-customer relationship.

iv. Unilateral Lien is Unlawful: The court pronounced that the bank had no legal justification to place a lien on the Claimant's account based solely on the existence of a pending lawsuit in another court. A bank cannot restrict a customer's account in the name of "protecting the subject matter" of a suit without a valid court order directing it to do so.

vi. Violation of Fundamental Rights: The bank's actions were found to be an illegal and unconstitutional violation of the Claimant's fundamental rights as guaranteed under Section 44 of the 1999 Constitution.

vii. Damages: The Court awarded general damages of ₦1,000,000 in favour of the Claimant for the breach.

Notably, the court addressed the common banking practice of placing a lien on customer accounts solely because a pending monetary claim has been filed against the customer and served on the bank. In relation to Guaranty Trust Bank’s actions, the court held:

"The Defendant has no justification whatsoever in relying just on the pendency of a suit which the Claimant is unaware of. There is no valid Court order whatsoever from the pending suit in Suit No; JDW/NT.238/24 provided by the Defendant before me, neither is there proof of any Court order validly made against the Claimant which the Defendant seek to rely on as justification for their action and continuous lien on the Claimant account as the pendency of a suit cannot give power to the Defendant to restrict the Claimant's account all in the name of protecting the Res without no valid Court order."

This judgment serves as a strong reminder to financial institutions on the duty of care, respect for due process, and the need to strictly comply with lawful court directives.

Click here to read the full judgment on our LinkedIn page https://www.linkedin.com/posts/amofin-solicitors-20527319a_court-curbs-banks-powerumar-sadiq-vs-gtb-activity-7350861243412295680-J6EL?utm_source=share&utm_medium=member_desktop&rcm=ACoAAC6rRGUBejU0ZyjyIGpl-Zthb1Vn7J-fMPw

04/07/2025

Would you rather retain the service of a lawyer or leave it to chance and bear the legal consequences?

Do I Need a Lawyer to Sign a Tenancy Agreement?

While you are not legally required to have a lawyer review your tenancy agreement before signing, it is often wise to do so, especially when the terms are complex, the rent is substantial, or the property is commercial. Tenancy agreements are binding legal contracts. Once signed, both landlord and tenant are obligated to comply with the stipulated terms, which may include rent review clauses, maintenance responsibilities, termination conditions, and penalties for default.

In many residential leases, the terms may appear standard, but hidden clauses can shift undue responsibility to the tenant or limit their rights in ways not immediately obvious. A lawyer can identify these risks and ensure the agreement complies with local tenancy laws, especially in jurisdictions with rent control or tenant protection statutes.

In commercial leases, legal review is even more critical, as these agreements often involve more negotiable terms and longer durations with significant financial implications. Would you rather retain the service of a lawyer or leave it to chance and bear the legal consequences?

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified legal professional for advice specific to your situation.

04/07/2025

Do I Need a Lawyer to Sign a Tenancy Agreement?

While you are not legally required to have a lawyer review your tenancy agreement before signing, it is often wise to do so, especially when the terms are complex, the rent is substantial, or the property is commercial. Tenancy agreements are binding legal contracts. Once signed, both landlord and tenant are obligated to comply with the stipulated terms, which may include rent review clauses, maintenance responsibilities, termination conditions, and penalties for default.

In many residential leases, the terms may appear standard, but hidden clauses can shift undue responsibility to the tenant or limit their rights in ways not immediately obvious. A lawyer can identify these risks and ensure the agreement complies with local tenancy laws, especially in jurisdictions with rent control or tenant protection statutes.

In commercial leases, legal review is even more critical, as these agreements often involve more negotiable terms and longer durations with significant financial implications. Would you rather retain the service of a lawyer or leave it to chance and bear the legal consequences?

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified legal professional for advice specific to your situation.

26/06/2025

When the Purchase of Family Land Turns into Lawsuits!

In many parts of Nigeria, land owned by families is often sold without proper documentation, authority or consensus. This frequently results in protracted lawsuits, sometimes spanning decades.

Under customary law, family land is jointly owned by members of the family and cannot be validly sold by a single member—not even the family head—without the consent of the principal members. Where such consent is absent, the sale may be declared void or voidable, depending on the circumstances.

Problems often arise when a buyer assumes that the presence of a family head alone at the point of sale guarantees ownership. In reality, courts have held that all key stakeholders must agree, and such agreement should be properly recorded to protect both the buyer and the family.

Lawsuits over family land typically involve claims of lack of consent, forgery of signatures, double sales, or impersonation. The result is not just legal costs but broken family ties, revoked titles, and loss of property.

Preventing these disputes begins with due diligence—understanding who has authority, what process must be followed, and ensuring every step is documented and lawful.

Note: This post is for general legal education and does not constitute legal advice. For advice on your specific matter, consult a qualified legal practitioner.

06/06/2025

Eid Mubarak! May Allah accept our sacrifices, grant us peace, and guide us always. Wishing you a blessed Eid Adha. Taqabalallahu minna wa minkum

03/06/2025

Loaning Money to Friends: What the Law Says

Loaning money to friends is good and may seem like a casual gesture, but under Nigerian law, such transactions are considered binding agreements if certain elements are present. A loan is essentially a contract. But for it to be enforceable, there must be clear terms, such as the amount loaned, repayment period, and interest (if any). While oral agreements are legally valid, written documentation provides stronger evidence in court should disputes arise.

The lender must also prove that the funds were actually transferred and that the loan was not a gift. Evidence such as bank transfers, a signed agreement or memorandum of understanding, or text messages confirming the loan can be relevant. If a friend fails to repay, the lender can initiate a recovery action in court, typically under the small claims procedure if the amount is within jurisdictional limits.

However, charging excessive interest or recovery interest may be deemed unlawful under moneylending regulations unless the lender is a licensed moneylender. Moreover, harassment or self-help methods to recover the loan could expose the lender to civil or criminal liability.

Disclaimer: This post is for general information purposes only and does not constitute legal advice. For specific guidance or legal advice, consult a qualified legal professional.

02/06/2025

Why Verbal Agreements Fail in Court

Verbal agreements are legally binding in many jurisdictions, but they often fail in court due to lack of evidence. Unlike written contracts, they rely heavily on the memory and credibility of the parties involved. When disputes arise, it becomes difficult to prove the exact terms, especially without witnesses or supporting documentation.

Courts generally prefer written agreements because they provide clear, tangible records of the parties’ intentions, obligations, and timelines. In matters involving substantial financial transactions, real estate, or long-term commitments, written contracts are often required for effective enforcement.

This is not to suggest that the law prohibits verbal agreements; however, even when permissible, the absence of documentation makes it difficult to establish terms, increases the risk of conflicting interpretations, and complicates enforcement. Courts must then rely on oral testimony, a process often clouded by inconsistencies or self-interest, leading to decisions based more on credibility than objective fact.

While a verbal agreement may be valid, its enforceability is often undermined by the lack of reliable proof.

Disclaimer: This post is for educational purposes only and does not constitute legal advice. For legal advice, contact an attorney of your choice.

30/05/2025

A valid contract is the backbone of any enforceable legal relationship, whether in business, employment, property, or personal transactions. To be recognized by law, every contract must meet certain core requirements. Here are the top four elements:

Offer and Acceptance: One party must make a clear offer, and the other must accept it unconditionally. Any changes to the offer are considered a counter-offer, not acceptance.

Intention to Create Legal Relations: Both parties must intend for the agreement to have legal consequences. This is typically presumed in business transactions, but not always in domestic or social arrangements.

Consideration: There must be something of value exchanged—this could be money, services, goods, or a promise to act (or not act) in a certain way. Without consideration, most contracts are not legally binding.

Capacity and Consent: The parties must have the legal ability to contract (e.g., not minors or mentally incapacitated) and must enter the agreement freely, without duress, fraud, or undue influence.

Failure to meet any of these elements could render an agreement void or unenforceable in court.

Note: This post is for general legal education and does not constitute legal advice. For advice on your specific matter, consult a qualified legal practitioner.