B C Obilor and Associates

B C Obilor and Associates Corporate, property and human rights attorneys

02/10/2025

*AMADI & ANOR v. AMADI & ANOR (2020) LPELR-51140(CA)*

*-Whether the law acknowledges the right of a woman to say who the father of her child is...*

_"...Now, it has not been contended that the 1st Claimant did not have access to Chief Godson O. Amadi. Infact it was the contention of the Appellants that the 1st Claimant was the concubine of the late Chief Godson O. Amadi. Again, it was the contention of the 1st Claimant that the 2nd and 3rd Claimants were the sons of the deceased. It should be noted that the deceased in his life time he did not deny the paternity of the 2nd and 3rd Claimants. The law acknowledges the right of a woman to say who the father of her child is. See ANOZIA VS. NNANI (2015) 8 NWLR (pt. 1461) P. 241. The deceased took pictures with the 2nd Claimant and gave the 1st and 2nd Claimants personal residence as he did for his other children. See paragraphs 10-12 of the unchallenged deposition of 2nd Claimant at the lower Court. See page 179 of the Record of Appeal. This deposition should be deemed accepted since they were not challenged. See KOPEK CONST. COY VS. EKISOLA (2010) 3 NWLR pt.1182 P. 618. Therefore it seems to me that the case of the Counter Claimants in the light of the aforestated has been whittled down to whether or not 2nd and 3rd Claimants were illegitimate children of Chief Godson O. Amadi and whether by virtue of that they were entitled to the peaceful occupation and enjoyment of the family house of late Chief Godson O. Amadi. It is in this respect that I fully agree with the finding of the learned trial Judge that the case of the Counter Claimants hinged on unconstitutionality. It confronts the provision of Section 42(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). Section 42(2) of the Constitution reads thus: "No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth." There is evidence that the 1st Claimant (mother of the 2nd and 3rd Claimants had access to Chief Godson O. Amadi at all material times. There is evidence that the 2nd and 3rd Claimants lived with Chief Godson O. Amadi in his life time and were never disclaimed. There was the evidence of 1st Claimant that the 1st and 2nd Claimants were children of Chief Godson O. Amadi. There was evidence that the deceased allowed the 1st - 3rd Claimants to stay with the remaining members of his family in his life time. The issue of validity of the marriage between 1st Claimant and the deceased Chief Godson O. Amadi is in view of the present state of the law in this country of no consequence. The Claimants cannot be subjected to deprivation by reason of the circumstances of their birth."_ Per TUNDE OYEBANJI AWOTOYE, JCA (Pp 40 - 42 Paras A - A)_

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08/09/2025

📱 Can Police Search Your Phone Without a Warrant?

The short answer: ❌ No, they cannot — unless certain conditions are met.

⚖️ What the Law Says:

1. Right to Privacy – Section 37 of the Nigerian Constitution guarantees your right to privacy, including telephone and correspondence.

2. Police Powers – Police cannot just take your phone and start scrolling. They need:

A warrant issued by a court, OR

A clear legal reason, such as when you are lawfully arrested and the phone is directly relevant to the alleged crime.

Unlawful Search – If they search your phone without these, it’s a violation of your rights, and evidence obtained can even be challenged in court.

🚨 What You Should Do if Police Demand to Search Your Phone:

Stay calm and respectful.

Ask: “Officer, do you have a warrant?”

If they insist without a warrant or lawful reason, you can politely decline.

If harassment continues, document and report to the Police Complaint Response Unit (CRU) or a lawyer.

✅ Remember: Ignorance of your rights makes you vulnerable. Stay informed, stay safe.

📌 Follow Legal Help Centre for more everyday legal tips that protect YOU.



Benjamin Obilor

31/08/2025

Child Custody: Who Gets the Child After Divorce?

Divorce is tough, but one of the biggest battles couples face is “Who will the child live with?”

⚖️ What the Law Says:

1. Best Interest of the Child is Supreme – Nigerian courts (under the Child’s Rights Act 2003 and case law) don’t focus on the wishes of the parents, but on what benefits the child’s health, education, and overall welfare.

2. Custody is NOT Automatic – Many think mothers always get custody. That’s not true. The court looks at:

a. Age and needs of the child (infants usually go with the mother, unless unfit).

b. Financial ability of each parent to provide.

C. Emotional stability and character of the parents.

d. The child’s own wishes (if old enough).

Joint Custody – In some cases, the court can grant both parents rights at different times (e.g., school term with one parent, holidays with the other).

Access Rights – Even if custody is given to one parent, the other parent still has rights to visit and bond with the child.

🚨 Common Misconceptions:

❌ Custody does not mean ownership.
❌ Fathers are not automatically denied custody.
❌ Mothers can lose custody if proven unfit.

✅ Takeaway: In Nigeria, the child’s best interest is the law’s priority — not the ego or emotions of the parents.

📌 Follow Legal Help Centre to learn more about your family and children’s rights.

Drop your comments, questions and contributions in the comment box 📦




31/08/2025

🚨 Viral Story Breakdown: Girl "Convicted" for Refusing to Visit a Man Who Sent Her Money

Recently, a video circulated online claiming that a girl was convicted in court for collecting transport money from a man but refusing to travel and see him. Many believed it was real ,but here’s the truth 👇

🔍 Why It’s a PRANK, Not a Real Court Case

1. Language of the Court – In Nigeria, English is the official language of court proceedings (except customary courts where vernacular may be used). The so-called “judge” in the video was speaking pidgin/vernacular. That’s a red flag 🚩.

2. Wrong Court Setting – The setting looked like a comedy skit stage, not a proper courtroom. A real Magistrate Court (the level that could even hear such minor disputes) does not use wigs. Wigs are reserved for High Court judges and above.

3. Nature of the “Case” – Collecting money for transport and failing to visit someone is not a criminal offence under Nigerian law. At most, it could be a civil matter (like breach of promise/contract) — but certainly not something that would lead to a conviction.

4. Jurisdiction Issues – A magistrate court cannot entertain such a “case” as criminal. The law must define an offence before there can be a conviction (nullum crimen sine lege).

✅ The Takeaway:

Not everything you see online about “court cases” is true. Many are skits meant for entertainment. Nigerian courts operate under strict procedures, formal language, and jurisdictional limits.

📌 Tip: Before believing or sharing such stories, always cross-check with legal sources.

👉 Follow Legal Help Centre for real, simplified legal education.






31/08/2025

Before You Cry Like Peller, Read This

I came across a trending news on Premium Times newspaper,

The news says that Peller, the TikToker, is crying out for help after the Lagos State Government slammed him with a ₦36 million tax bill.

When I came across some of Peller’s video clips, it was funny to me because he said he doesn’t own a company and thought it’s only companies that pay tax.

He also said he can’t pay such an amount because he doesn’t have a job, that he only makes money online on TikTok and not in Nigeria.

Let me tell you the truth,
the law doesn’t care about your ignorance.

Some of you reading this will also cry more than PELLER starting from 2026 if you fail to restructure yourself and your business now.

I have been preaching business structuring here on Facebook since the day of my project research defense in UNILAG.

First of all, I want you to know that everyone pays tax, whether rich or poor.

In fact, the poor actually pay more tax than the rich because 99% of them don’t know how to legally reduce their tax burden.

But since it’s my duty to see you grow, let me give you the best advice your mentor will never give you for free.

Take a seat and read this post, let me tell you how to escape from the same trap Peller has found himself in now, because from next year, there will be no escape.

In Nigeria, we currently practice a multi-tier, mixed tax system which can be confusing and sometimes leads to one being overtaxed or undertaxed. But the present government has passed a new law which means that from 2026, Nigeria will start practicing a Progressive Tax System.

This means that the more income you have, the higher the taxes you pay.

From next year, the rich will pay higher tax, while the poor will pay smaller amounts, and in some cases, nothing at all, depending on earnings.

Let me remove all the big grammar in taxation for those of us that studied Financial Accounting in school 😂 and break this down to you as if you were in primary two.

The new tax law, commencing fully in 2026, states that any individual earning less than ₦800,000 per year will pay no tax at all.

And any company with less than ₦50 million yearly turnover will also pay no tax at all.

Now, let's talk about who Must Pay Tax from 2026

In taxation, we their is what we called PIT and CIT:

PIT means Personal Income Tax (for individuals)

CIT means Corporate Income Tax (for companies)

With the new progressive tax system, if you earn above ₦800,000 as an individual, you are required to pay about 15–25% of that money to the Federal Government.

For example:

₦0 – ₦800,000 = 0% tax

₦800,001 – ₦3,080,000 = 15% tax

₦3,080,001 – ₦12,320,000 = 18% tax

₦12,320,001 – ₦24,640,000 = 21% tax

₦24,640,001 – ₦49,280,000 = 23% tax

Above ₦49,280,000 = 25% tax

In summary: If you make around ₦50 million in a year, you are to pay ₦12,500,000 to the Federal Government.

For Companies:

Anything less than ₦50 million = no tax

Above ₦50 million yearly turnover = 25% corporate tax

You see why you must restructure your business and see yourself as a brand, a company, and not just “catching cruise” watching TikTok videos online.

For the Lagos State Government to bill Peller ₦36 million in tax, if we calculate using the new progressive system, it means he has made more than ₦152 million.

And let me tell you the truth, the government knows the inflow and outflow in your account. For them to have come up with that figure, it means they have done their background checks.

The best advice anyone can give Peller now is to hire a tax expert to review his accounts and negotiate with the government. If not, there is no escape.

The reason why this tax issue seems strange to some of you is because the system wasn’t properly organized, and it’s only Lagos State Government that takes tax seriously.

But from next year, no more “state this, state that.”

From 2026, the Federal Government will collect the tax directly.

And there will be no way to escape. The same cry Peller is crying now, some of you will cry on this same social media when the time comes.

It’s just 5 months to go before we enter 2026.

And don’t think the government can’t track your income, my friend, that’s a lie.

With the new technology in place, the government can track your income just with your NIN and BVN. Even if you scatter your money across 20 different banks, NO ESCAPE 😂.

Now, as you’re reading this, you may be wondering: How do we reduce our tax?

My brother, I have good news for you, so you won’t make the same mistake Peller made, whether you’re a content creator, blogger, businessman, or even a beggar (oh yes, begging is now a business in Nigeria; haven’t you heard about “urgent 2k” boys and girls?).

First, you need to Restructure Your Business.

Restructuring starts with registering your business properly. Instead of registering your business as a Business Name, register it as a Limited Liability Company (Ltd).

With this, your business is a separate entity and you are also a separate entity.

PLEASE NOTE: when you register as a BUSINESS NAME, my sister or brother, you don’t have a company yet ooo.

What you have is called a sole proprietorship, which means a one-man business.

You are not separated from your business, and all your income is counted as personal income tax, not corporate income tax.

One major advantage of having an Ltd is that, before you pay any tax, you are permitted to deduct your expenses, including operational costs, salaries, marketing costs, etc.

That’s why those who understand stock market fundamentals analysis see things like “PROFIT BEFORE TAX” and “PROFIT AFTER TAX.”

If Peller had structured his brand before now, collect all his revenues under corporate account and registered something like “Peller Entertainment Ltd,” he could have deducted expenses such as cameraman salary, video editors, equipment, and other costs.

His tax bill could have been less than ₦10 million, or even ₦5 million.

For those of you arguing with me in the comments section of my last post about, "Why Igbo Businesses failed after the Founder's death", that business structuring does not matter, you now see one of the advantage of structuring your business.

Another important point,
After registering as Ltd, stop collecting payments with your personal account. Use your corporate account for all payments.

And for those of you whose friends abroad send ₦100 million to your account to buy land or houses in the village, my friend, you must pay tax on all that income from next year😂.

Separate your personal money from your business money.

Stop buying groundnuts and corn with your corporate account.

Pay yourself a salary. Being CEO and sole director doesn’t mean you should dip into company funds to buy shawarma for your urgent 2k girlfriend.

Not paying yourself a salary is not a sacrifice, it’s financial mismanagement.

Document all your income and expenses. Avoid cash transactions where possible.
And if you must use cash, keep receipts (not invoices, many don’t know the difference). I’ll save that topic for another day.


*COPIED*

31/08/2025

Many people think writing a Will is only for the rich—but that’s not true. ✍️

A Will simply tells your family and the law how your property should be shared when you are gone. Without a Will, your family may fight, and the court may decide based on customary or statutory rules, which might not reflect your wishes.

👉 Writing a Will brings peace, prevents conflict, and ensures your loved ones are protected.

Drop any question on WILLS in the comment box.

Like, Follow, and share the post. Thanks

31/08/2025
31/08/2025

If you are arrested in Nigeria, the law gives you the right to remain silent until you consult your lawyer. ⚖️

This protects you from saying something that may be used against you in court. Always ask for your lawyer before making any statement.

31/08/2025

Under the Criminal Code in Nigeria, stealing is a serious offence. ⚖️

Stealing: Anyone who steals can face up to 3 years imprisonment (or more, depending on the circumstances).

Receiving Stolen Property: If you knowingly receive or keep stolen goods, the punishment is also up to 14 years imprisonment in some cases.

👉 Moral: Don’t steal. Don’t buy or keep what you suspect is stolen. The law punishes both the thief and the receiver.





B C Obilor and Associates

31/08/2025

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New Hospital Road
Akure
340282

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