Olajumoke O.Oladejo LP. Law office

Olajumoke O.Oladejo LP. Law office Virtual law office

24/11/2020

Children are the heritage of the Lord (Psalm 127:3). As children are valuable under God's law, Children are also very important to the State and there are plethora of Legislation put in place for the care, safety, love and sustenance of a child.
A copious reading of Section 54 subsections 1(a) (b), 3,4 and 5 of the Child's Right Law 2006 would clearly reveal that there are certain responsibilities, parents, guardians and anyone to whom a charge of a child is given must meet.
Where this duty exists, failure to discharge this duty is a criminal act for which the defaulter may be punished.

Section 372 of the Criminal Code Act, 2016 titled such dereliction of duty, 'Desertion of Children". It provides thus " Any person who being the parent, guardian or other person having the lawful custody of a child under the age of twelve years, and being able to maintain such child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of a misdemeanor, and is liable to imprisonment for one year."

In conclusion, such a defaulter may be sued both in civil suit or prosecuted criminally.
The Family Court is created by section 149 of the Child's Right Act to hear and determine matters relating to Children.

Olajumoke O. Oladejo Esq

More wins for us.
28/07/2020

More wins for us.

Wale Oyewale, Ibadan An MTN subscriber, Toyin Adejare, has lost a case in which she claimed over N56m as damages against the telecommunication firm. Adejare, in the suit marked 1/729/2014, had as...

CHILD RIGHTS LAW OF OYO STATE.. An overview of the rights of a ChildAccording to this law a child is a person who is und...
23/07/2020

CHILD RIGHTS LAW OF OYO STATE.. An overview of the rights of a Child

According to this law a child is a person who is under the age of 18 years.
This law guarantees certain right for children, that is persons under the age of 18 years.
The first right arrrogated to a child in section 5 of this law is the embodiment of all the rights as captured under part 4 of the 1999 constitution of the Federal Republic of Nigeria as amended..
Space and time would not permit me to mention all of the rights embedded therein but I would contrive to mention a few.
1. Right to life... Section 33 of the 1999 constitution (Supra) provides that every person has a right to life and no one shall be deprived intentionally of his life...
The right has few exceptions but the focus in this paper is the right itself.
A child has a right to life.
Section 6 of the Child Rights Law of Oyo State provides that every child has a right to survival and development.
A study of the word survival means that a child has a right to existence, to stay alive.
Therefore this right begins when a child is conceived because equity imputes an intention to fulfil an obligation. (In this context, this means when you get pregnant, you intend to bring forth)
Therefore that embryo deserves and has a right to live, to survive, to develop and to evolve.
Therefore any act done whether covertly or overtly in contravention of this right of a child is condemnable and actionable.

Section 228-230 of the Criminal Code Act and Section 232 of the Penal Code Act make Abortion a Criminal offence in Nigeria and this makes Nigerian law a protector and defender of human life from womb to tomb.

To be continued

Olajumoke O. Oladejo Esq

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I was on air recently to talk about the Child Rights law of Oyo State I believe it is a piece of legislation that every ...
13/07/2020

I was on air recently to talk about the Child Rights law of Oyo State
I believe it is a piece of legislation that every household should have an understanding of.
To this end, I am going to be doing an overview of the Child Rights Law of Oyo State in the following weeks.
I am likely not going to keep to a particular schedule but please bear with me.
Life is busy!

*CAN THE WAY ONE WRITES HIS/HER NAME TURN THAT PERSON TO SOMEONE ELSE BEFORE THE LAW?*Esenowo v Ukpong (1999) 6NWLR (PT....
05/07/2020

*CAN THE WAY ONE WRITES HIS/HER NAME TURN THAT PERSON TO SOMEONE ELSE BEFORE THE LAW?*
Esenowo v Ukpong (1999) 6NWLR (PT. 608) 611
*In short, it may interest you to know that the way you write your name can make you someone else. Does it sounds funny?*
This was established in the celebrated case of *Esenowo v. Ukpong* The fact of the matter was Dr. E. J. Esenowo applied for reimbursement from Nigerian Medical Council but the Council because there is no E. J. Esenowo but Esenowo, J. E. in the register of the Council denied him his demands.
He approached the High Court and was refused his prayers. On appeal, Court of Appeal held that what the first defendant wrote in Exhibit H was true because the professional register for 1980 and 1981 entered the name “Esenowo, J. E.” not “E. J. Esenowo”. *In professional matters it is always of great importance to have one’s name inserted correctly.* The Court of Appeal therefore held that the Dr. Esenowo in the register of medical practitioners was J. E. Esenowo and not E. J. Esonowo, a correct statement of fact.
*Is it true that the register of Nigerian Medical Council for 1980 and 1981 did not contain plaintiff/appellant’s name?* There is a world of difference between “J. E. Esenowo” and “E. J. Esenowo”.
*The surname is Esenowo, the first and middle names being “Johnson” and “Esenowo” respectively. This will be rendered into “Dr. J. E. Esenowo” not “Dr. E. J. Esenowo” that the appellant in his pleading and evidence clearly claimed to be the correct name.*
On appeal again the five Justices of Supreme Court *unanimously refused him his prayers because of this fact and agreed that the way someone’s name is written makes a whole world of difference.* The Court held as follows:
*The surname is Esenowo, the first and middle names being “Johnson” and “Esenowo” respectively. This will be rendered into “Dr. J. E. Esenowo” not “Dr. E. J. Esenowo”*
*That whole world of difference that the arrangement of one’s name makes, led the Supreme Court to hold specifically that “Dr. E. J. Esonowo is not registered with the Nigerian Medical Council.”*
*The normal way of writing your name follows a specific order: First name (first) Middle name or Middle names (next) Surname (last). Example, in this case: Johnson (first name)*
Esenowo (middle name) Esenowo (surname), i.e. Johnson Esenowo Esenowo
The said normal way of writing your name should change only where any form or document you are required to fill out specifically states that you should write your surname first. In that case, the proper order is: Surname (followed by a comma), First name Middle name Example: Esenowo, Johnson Esenowo
*But where the form or document provides boxes or different places labelled “Surname”, “First name”, and “Middle name”, simply write the required name (do not add any comma after your surname). Example: (1) Surname: Esenowo (2) First name: Johnson (3) Middle name: Esenowo.*
Never write your middle name before your first name. It does not matter whether you are writing just the initials of your first name and middle name instead of their full version. *That was the mistake of Dr. Johnson Esenowo Esenowo. The Supreme Court held that he was Dr. J. E. Esenowo, not Dr. E. J. Esenowo. You can imagine the huge costs, embarrassment, and loss that the “simple” or “little” mistake of writing his name in the wrong order caused him.*
*Be careful, therefore, to ensure that you write your name (whether in full or initials) in the proper order always and everywhere. Remember, the way you write your name can make no you someone else, as it happened, unfortunately, to Dr. Johnson Esenowo Esenowo. This is the law on how you should write your name properly.*

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CORPORATE AFFAIRS COMMISSION MATTERS The advantages of registering your business include but not limited to the followin...
26/06/2020

CORPORATE AFFAIRS COMMISSION MATTERS

The advantages of registering your business include but not limited to the following:
1. You can open a corporate account with your business certificate
2. This helps you to be able to apply for loans and grants when your business is registered
3. Customers see you as legit and reliable, thereby widening the scope of your customer range
4. A registered Business can get NYSC Interns
5. The Business outlive you. (You will long in Jesus name)
6. Access to investors
7. You can confidently build your brand name knowing you are the only one with that name registered.
8. You don't build your brand or name with a brand or name already lawfully registered by another.
9. Your business certificate is part of your travelling papers when applying for Visa
10. Registering your Business enhances the reputation and perception of your business to potential clients.

CORPORATE AFFAIRS COMMISSION MATTERSThe advantages of registering your business include but not limited to the following...
26/06/2020

CORPORATE AFFAIRS COMMISSION MATTERS

The advantages of registering your business include but not limited to the following:
1. You can open a corporate account with your business certificate
2. This helps you to be able to apply for loans and grants when your business is registered
3. Customers see you as legit and reliable, thereby widening the scope of your customer range
4. A registered Business can get NYSC Interns
5. The Business outlive you. (You will long in Jesus name)
6. Access to investors
7. You can confidently build your brand name knowing you are the only one with that name registered.
8. You don't build your brand or name with a brand or name already lawfully registered by another.
9. Your business certificate is part of your travelling papers when applying for Visa
10. Registering your Business enhances the reputation and perception of your business to potential clients.

LEGAL PRACTITIONER - STAMP/SEAL - Whether a process which bears the names of more than one legal practitioners can be af...
05/06/2020

LEGAL PRACTITIONER - STAMP/SEAL - Whether a process which bears the names of more than one legal practitioners can be affixed with the stamp and seal of one of the legal practitioners listed on the face of the process.

"The appellant's brief of argument was signed by Timothy O. Adewale Esq. whereas the stamp of Oladosu Ogunniyi Esq. was affixed on the process and for that respondent/objector urges the Court to declare the brief of argument as invalid. The circumstances of the case herein does not warrant the angle put forward by the objector because the appellant's brief had the names Oladosu Ogunniyi, Timothy O. Adewale Solicitors for appellant. It was written thus:- OLADOSU OGUNNIYI TIMOTHY O. ADEWALE Solicitors for Appellant Oladosu Ogunniyi and Co. No. 6, Segilola Street, Off Pero Bus Stop Agege, Lagos State. The signature was that of Timothy O. Adewale as indicated and it can be seen that both counsel are of the same chambers therefore the fact that the stamp is that of Oladosu Ogunniyi has not changed anything and the process is regular." Per PETER-ODILI J.S.C. (Pp. 7-8, paras. F-D).

OGUNPEHIN V. NUCLEUS VENTURE (2019) LPELR-48772 (SC).

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We all at Olajumoke O. Oladejo Legal Practitioners, wish you all the best that this month of June has to offer. It is a ...
01/06/2020

We all at Olajumoke O. Oladejo Legal Practitioners, wish you all the best that this month of June has to offer. It is a great month.
Feel free to use the link below in order to get to know us better.

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I once had a client who wanted to buy a land and would like the instrument of transfer to be in the name of his 2 years ...
27/05/2020

I once had a client who wanted to buy a land and would like the instrument of transfer to be in the name of his 2 years old son.

Well as far as the law is concerned in Nigeria, a minor has no legal capacity to contract and in order to form a wholly valid contract, the parties must have legal capacity. Agreements made with a minor or an infant may not be fully enforceable against them..
By the provision of the Land Use Act LFN 2004, a Minor cannot acquire a land in Nigeria.

The Act, however also provides for instances where a minor can acquire and own land in Nigeria
The Act provides as follows “It shall not be lawful for the Governor to grant a statutory right of occupancy or consent to the assignment or subletting of a statutory right of occupancy to a person under the age of 21 years: Provided that – (a) where a guardian or trustee for a person under the age of 21 has been duly appointed for such purpose the governor may grant or consent to the assignment or subletting of a statutory right of occupancy to such guardian or trustee on behalf of such person underage; (b) a person under the age of 21 years upon whom a statutory right of occupancy devolves on the death of the holder shall have the liabilities and obligations under and in respect of his right of occupancy as if he were of full age notwithstanding the fact that no guardian or trustee has been appointed for him.”
The import of Part A is that a trustee or a guidance can acquire land on behalf of the Minor.
Part B purports that a Minor can own a land when it devolves on him as a result of death of another whether or not a guardian or a trustee is appointed for him.

So in drafting the instrument of transfer, there is need to expressly state that the land is being bought on behalf of the Minor by his trustee or guardian in order to cure the Minor's lack of capacity to contract.

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