Caritas Law and Partners

01/09/2026

Certain documents are treated as capable of proving themselves once properly tendered. Public documents; such as certified true copies issued by a court, ministry, or government agency, can be admitted through proper certification alone, without needing the original author or custodian to appear and testify. The law also attaches a presumption of genuineness to properly certified copies, meaning the court will accept them as authentic unless successfully challenged. This doesn't mean documents replace witnesses entirely, but it shows that oral testimony isn't always essential to establishing a fact.

Evidence Act 2011: Sections 102 and 103 (defining public and private documents), Section 104 (certification of public documents), Section 105 (proof by production of certified copies), and Section 146 (presumption as to genuineness of certified copies).

Keep and properly certify important documents. In many disputes, a properly certified document can do heavy lifting that witnesses cannot.

27/08/2026

How Long Can the Police Legally Detain You?

24 hours. In certain extreme circumstances (if there’s no court within a 40 meter radius), 48 hours. That's the clock the police are racing against, do you know why?

Section 35(4)-(5) of our Constitution says once you're arrested, you can't just be left sitting in a cell forever "for questioning." If there's a court nearby (within 40km), they've got 24 hours to bring you before a judge. No court close by? They get 48 hours, or whatever a court decides is "reasonable" after that.

Miss that deadline, and here's the thing, your detention stops being legal. It doesn't matter how serious the allegation is. The law gives everyone, guilty or innocent, that same protection.

So what do you do? Note the exact time you (or your loved one) were picked up. If that window passes and there's still no court appearance, that's not a small detail, it's grounds to challenge the detention.

Know the clock. Know your rights. And when in doubt, call a lawyer.

26/08/2026

Passion First, Profit Follows

Maya Angelou once said, "You can only become accomplished at something you love. Don't make money your goal."

It's a simple truth, but one worth sitting with. Excellence isn't manufactured by chasing a paycheck; it grows out of genuine commitment to a craft. When you love what you do, you naturally push further, learn more, and hold yourself to a higher standard. The money becomes a byproduct, not the point.

For lawyers and law students in Nigeria, this hits close to home. Legal practice here isn't always glamorous; long court adjournments, demanding clients, and a profession that requires patience most people don't have. It's easy to lose sight of why you started when the bills are due and the briefs are thin. But the practitioners who truly stand out; the ones building reputations that outlast trends, are usually the ones who never let money become the whole mission. They mastered the craft first, and opportunity followed.

Whatever stage you're at, protect your "why." Let competence be your calling card. The rest tends to catch up.

19/08/2026

Do You Have the Right to Remain Silent in Nigeria?

You've heard it in movies; but does "the right to remain silent" actually apply in Nigeria? Yes, it does.

Section 35(2) of the 1999 Constitution guarantees every arrested or detained person the right to remain silent, or avoid answering questions, until they've consulted a legal practitioner or any other person of their choice.

In practice, this means the police can ask you questions, but you're not obligated to speak without your lawyer present. Sections 6(2) & 17 of the Administration of Criminal Justice Act (ACJA) 2015 reinforces this; it requires that any statement you make be properly recorded, and confirms your right to have a legal practitioner present during questioning.

Here's the catch: staying silent doesn't mean being difficult or obstructive. It simply means you're exercising a constitutional right while you get proper legal guidance.

If you're ever arrested or invited for questioning, ask for your lawyer first. Anything you say can affect your case, so let your silence be informed, not fearful.

Know your rights. Protect yourself the right way.

14/08/2026

The absence of an express penalty clause does not mean breach is consequence-free. Nigerian contract law allows the innocent party to sue for damages to compensate for loss caused by breach; this remedy exists independently of whether the contract spells it out. Some contracts also imply obligations (like good faith performance) even without explicit terms. People often confuse "no penalty clause" with "no liability," which is a costly misunderstanding.

13/08/2026

Arrest in Lieu Is Illegal: Here's What That Means

Can the police arrest your brother because they can't find you? The law says no.

It's a common but unlawful practice: a suspect goes missing, so officers arrest a parent, sibling, or spouse instead; hoping it forces the real suspect to show up.

Section 7 of the Administration of Criminal Justice Act (ACJA) 2015 expressly prohibits this. A person cannot be arrested "in place of" a suspect simply because they share a relationship with that suspect. Unless that person is personally linked to the alleged offence, their arrest is unlawful; a violation of their fundamental right to personal liberty.

If this happens to your relative, know this: no one should be held hostage for another person's alleged crime. Such an arrest can be challenged in court, and damages may be claimed for wrongful detention.

The law protects the innocent from being punished for someone else's case. Don't let intimidation stand in for due process.

Know your rights. When in doubt, speak to a lawyer.

12/08/2026

11/08/2026

"Follow me to the station." No explanation. No reason given. Just… compliance expected.

That's not how the law works.

Under Nigerian law, an officer cannot arrest you and keep you in the dark about why. Section 35 of the 1999 Constitution guarantees every person the right to be informed promptly of the reasons for their arrest, in a language they understand. Section 6 of the Administration of Criminal Justice Act (ACJA) 2015 reinforces this, requiring that a suspect be told the cause of arrest at the point of arrest; not hours later at the station, not "when we get there."

This isn't a technicality. It's your right. Knowing why you're being arrested allows you to understand the allegation against you, decide how to respond, and know what you may be defending yourself against.

If an officer arrests you without stating the reason, you're entitled to ask calmly and respectfully. Silence from the officer doesn't mean you have no rights; it means those rights are being ignored.

Know why. Know your rights.

10/08/2026

When Silence Speaks Louder Than Anger

In a nation where tempers flare fast; on the roads, in offices, on social media, and sometimes even in courtrooms, an ancient piece of wisdom still cuts through the noise:

"Be swift to hear, slow to speak, slow to wrath." — James 1:19 (KJV)

This isn't just spiritual counsel; it's sound legal and civic wisdom. Listen first. Think before you speak. Don't let anger drive your decisions. Three simple instructions, yet they capture the discipline that underlies good judgment, fair dealing, and lawful conduct.

Every day, Nigerians navigate friction; economic pressure, disputes with neighbours, disagreements with employers, tense encounters with law enforcement, and heated exchanges online. In these moments, the instinct is often to react instantly: to shout, to retaliate, to escalate. But reaction without reflection rarely produces justice. It produces regret.

The lawyer who listens fully before advising. The citizen who understands their rights before confronting an official. The businessperson who pauses before signing an agreement in anger or haste. The public commentator who verifies before posting. In each case, the same principle applies; patience protects, while impulsiveness exposes.

Our justice system, our workplaces, and our public conversations all function better when people choose understanding over outrage, and process over provocation.

Slowness to anger is not weakness, it is strength under control. It is what separates a citizen who knows their rights from one who loses them through rash conduct. As you go about your week: whether in a boardroom, a courtroom, a market, or a comment section; choose to hear fully, speak wisely, and act lawfully. That discipline, more than any statute, is often what protects you.

09/08/2026

Even the Holy book recognizes the principle of Cross-Examination in the journey to discovering the truth for the cause of justice.