Marriage and Divorce in Naija

01/10/2023

As a kid that grew up in Abidjan, I was a fan of the popular Ivorian reggae star, Alpha Blondy. He once said in his track “LES IMBECILE “ that “ Les ennemis de l’Afrique ce sont les Africains “ meaning Africa enemies are the Africans. He released the album 30 years ago but the story is still the same in Africa.

The African mindset on its own is an obstacle . An verage African man will want to rule his country for life . And, for those African countries practicing democracy, the system is usually manipulated against the masses to practice indirect dictatorship. That is evident in most African countries.

A new breed of Africans are becoming apparent globally, who through the process of time have equipped themselves to liberate Africa from Africans.

HAPPY INDEPENDENCE NIGERIA 🇳🇬

11/10/2022

Marriage is Time: Marriage must be a daily practice and a daily experience. How many hours in a day, and how many days in a week do you actually invest in your marriage or spend with your spouse? The sad reality is that most people spend the best of their time with other people, and doing things that add very little to no value to their marriages. We laugh with strangers and fight at home. We are courteous to strangers and disrespectful to our spouses. We spend more time building other people’s dreams while our marriages are breaking down. When will you prioritize your marriage? When will your spouse take the center stage in your life? When will your family be the only item on your to-do list? Time is passing and you, your spouse, and your children are not getting any younger. Make the time and create memories with your spouse and children every day. Do not let a day pass without doing something special and thoughtful for or with your spouse. Do not keep waiting for some imaginary blissful day in the unknown future. Today is all you have. Tomorrow is promised to no one. Love your spouse like there is no tomorrow, and if tomorrow comes, wake up and do the same again. - Isaac Kubvoruno

20/09/2022

22/04/2020

THE EFFECT OF COVID-19 ON EMPLOYERS AND EMPLOYEES RELATIONSHIP

The educational system in Nigeria never taught people how to be an entrepreneur or a business owner. An average Nigerian graduate was taught to get high grade in school in order to get a good job since the jobs out there are limited. But, the reality of Covid-19 pandemic poses an imminent threat to the limited job in Nigeria as many contract of employment may be terminated due to the inability of some employers to pay their employees’ salary.

The effect of Covid-19 pandemic on global economy is real as over five billion people had been asked to work from home globally to curtail the spread of the virus and Nigeria is no exception. In the past few days in Nigeria some employers have laid off their staff while others have compelled their employees to accept salary reduction or deduction. In line with our Labour Act, employers are not permitted to make any deductions from an employee’s salary except the contract of employment permits it, any reduction on any employee’s salary outside the contract of employment should be based on mutual agreement vis-a-vis the employer’s economy reality.

Another trend at the moment in Nigeria is the employers compelling their employees to take annual leave rather than having it deferred, under our Labour Act employers cannot compel an employee to take annual leave as it is an entitlement which an employee has the sole discretion to exercise. Hence, unless it has been mutually agreed by the employer and the employee to take annual leave, compelling employees to do so would amount to a breach of employment contract which can be enforced in our National Industrial Court. Furthermore, any attempt by an employer to compel its employee to take unpaid leave will amount to a breach of Section 5 and 8 of the Labour Act.

At the moment many businesses and organisations have been forced to shut down while some are struggling to cope due to lack of business and this has resulted to some employees losing their job. Some jobs are service based which enables employees to work from home while some jobs require physical presence. Consequently, some employers may terminate their employees’ contract of employment due to the present reality.

The pertinent question that arises is whether an employer can terminate a contract of employment at this period in view of the harsh economic caused by Covid-19 globally.
It is an established principle of law that at common law, a master can terminate the employment of his servant at any time and for any reason or for no reason at all provided the appropriate notice was given to the employee. See the case of Olarewaju v. Afribank (2001) 6 MJSC 68 at 77, where the Supreme Court held that: “The law regarding master and servant is not in doubt under this class of employment; there cannot be specific performance of a contract of service. The master has power to terminate the contract with his servant at any time and for any no reason or for none.”

An employer can terminate a contract of employment without the required notice and make payment in lieu of notice. In addition, an employee is protected by law against unfair treatment and unfair dismissal as a result of Covid-19.

In a country with good governance the government steps in to support employers by reimbursing 80% of an employee’s salary or make provision for palliative that is able to ease the economy burden placed on the employers and the employees as a result of the pandemic.

In conclusion, employers are advised to continue to evaluate the effect of Covid-19 on their business and take lawful measures to protect their business while employees are advised to prepare for any eventuality as the economic hardship of Covid-19 is real on some employers.

19/12/2019

CLAIM COMPENSATION FOR FLIGHT DELAYS AND CANCELLATIONS!

Festive period is a period where passengers feel mostly abused by the aviation Industry as they usually encounter series of flight delays and cancellations. Most Nigeria airlines are saddled with flight delays, over booking and cancellation without compensation.

The Nigeria aviation industry is a major industry that is involved in the transportation of persons and goods globally. In Nigeria, the Consumer Protection Council generally is the apex consumer protection agency which is established to promote and protect consumers’ rights in all areas of products and services.

Considering consumer protection in the protection of air passengers, the international Civil Aviation Organization (ICAO) among other measures held a High-Level Security Conference on Aviation Security in 2012. During the event, it was resolved that passenger satisfaction must be the basis of any Public Policy in Civil Aviation matters. In Nigeria however, Air-Passenger protection is regulated by the International Conventions and the Nigerian Civil Aviation Regulations, 2012.

In view of the above regulations, air passengers are entitle to certain rights which include: the right to the full value of passengers money; right to book and confirm tickets with an airline of passengers choice; right to the provision of a conducive airport environment before, during, and after flights; right to seek redress for all irregularities during flight; right to timely feedback in respect of matters/complaints lodged with service providers; right to be fully informed about flight status; right to be treated with respect and dignity irrespective of race or physical condition. It is arguable weather consumers enjoy these rights in Nigeria.

The right of a passenger to compensation for a flight delay will depend on the length of the delay; and the reason for the delay/cancellation. If an airline flight takes off and/or lands later than its scheduled time or the flight was cancelled and you take a replacement flight, the delay must be over two hours in order to claim for compensation. The airline has a duty to provide food and drink appropriate to the time of delay and communicate the reason for the delay or cancellation. For overnight delays, the airline is duty bound to provide hotel accommodation and transport to reach the hotel or to return home.

In order to claim for compensation under the Nigeria Law, you must have observed the following: It must be for a flight departing and landing within the domestic territory of Nigeria; you must have a confirmed reservation on the flight that is delayed; you must have presented yourself for check in at the stipulated time, and if no time stipulated, then not later than 1 hour prior to flight departure time.

The following steps are mandatory to claim compensation:
1. Get the following information: Your ticket or booking number, date of the flight, name of the airline, and if possible the reason given by the airline for the flight delay or cancellation. This information forward with a claim letter detailing the passenger experience with the airline (flight delayed or cancelled), and the inconvenience it caused.
2. Contact the Airline – Different airlines have different procedures for claiming. Some accept complaints via email, and passenger needs to send a written claims letter to others.

In the event when your claim for compensation is rejected by the airline, a passenger has the right to approach the Consumer Protection Directorate of the NCAA for such claim and if the claim is rejected by the Consumer Protection Directorate passenger may refer the matter to the Consumer Protection Council. If the Consumer Protection Council fails to honour the claim a passenger can then engage a lawyer to take the matter to court. Reckless delay or cancellation of flight by airline itself could amount to a breach of contract, which the court may be called upon to determine without making any claim to the airline or the Consumer Protection Directorate.

In addition, Nigerian passengers are also entitled to claim compensation for any delay occasioned by any European carrier departing Nigeria for Europe or for delays occasioned by any international flights leaving any of the EU airports to Nigeria.

Note that compensation is not payable in some cases, for instance, when the delay is due to civil unrest, security issues, natural disasters, extreme weather conditions, air traffic control restrictions, strikes by airport staff or industrial disputes that affect the operation of the flight, and a medical emergency on board.

09/05/2019

PROPERTY SHARING AFTER A DIVORCE IN NIGERIA

The sharing of property after divorce in Nigeria is base on whether the marriage was conducted under customary law or under the Marriage Act.
Under customary law depending of the husband custom, the woman usually has no right to claim for settlement of property even if she contributed to the acquisition of such property.

However under the statutory marriage (that is marriage under the marriage Act) either of the parties can apply to the court alongside the divorce petition for the settlement of the property. The legal framework for settlement of property is the Section 72 of the Matrimonial Causes Act. It provides that the court can require both or either of the parties to settle of the property owned by both or reversion which the court consider just and equitable for the benefit of the parties and the children of the marriage.

Section 72 (1) of the Matrimonial Causes Act which provides as follows;

“in proceedings under this decree, by order require the parties to the marriage, or either of them to make for the benefit of all or any of the parties to and the children of the marriage such settlement of property to which the parties: or either of them is entitled (whether in possession or reversion) as the court considers just and equitable in the circumstances of the cases”

This legislation obviously empowers the Judge who hears the divorce petition, to decide how property owned by the parties or either one of the parties is to be shared. This discretion must however be exercised in a way that is ‘just and equitable’.

In the case of Kafi v. Kafi, the wife claimed for the settlement of the property at 15, Adeola Adeleye Street, Ilupeju, Lagos for the benefit of the children of the marriage and the wife as may be just stating that the property was jointly purchased and developed by the husband and herself. The husband contented on the other hand that the wife was not entitled to the property. Though the property was built in the name of the husband but the wife contented that she contributed to the wealth of her husband and towards the building of the property. The trial Judge accepted the evidence of the wife and thus had no problem of holding that she contributed to the development of the properties as well as to the success of the business of the husband and on the basis of this finding, the property was regarded as the product of their joint efforts. The court transferred the property to her, the husband having some other houses.

It is worthy of note that the contributions of the wife are enormous and compelling such that the court ought not reasonably to have done otherwise. As a matter of fact, some other Nigerian Judges have not breathed justice and equity into Section 72 of the Matrimonial Causes Act.

In the case of Sodipe v. Sodipe where there was no evidence of direct financial contribution, the court, although coming to the conclusion that the matrimonial property was valued at ten million naira, casually ordered a lump sum of N200,000 (Two Hundred Thousand Naira) only to the estranged wife who spent forty three years in the marriage.

In the recent case of James v. James the court stated that it does not matter in whose name the property stands or who pays what (on the property) and in what proportion as determination of such matters transcends all rights, legal or even equitable, but simply what decision is fair and just in the circumstances of the case will be considered.

It is crystal clear from the above cases that the court has the sole power to interpret section 72 of the Matrimonial Causes Act base on equity and fairness.

Note that the application of the law on settlement of property as contained in Section 72 of the Matrimonial Causes Act is only applicable to marriage under the Marriage Act and not those under customary Law.