Bibian Urum Legal

Bibian Urum Legal BUL is your choice law firm leveraging technology to provide innovative legal solutions.

Our core practice areas include; corporate law, ADR, criminal & civil litigation, conveyancing & real estate, company secretarial & regulatory compliance.

And we are rooting for you!
06/12/2021

And we are rooting for you!

Hello December 🎉🎉🎉
01/12/2021

Hello December 🎉🎉🎉

Another Monday to start again and a reminder that everything gets better.
29/11/2021

Another Monday to start again and a reminder that everything gets better.

The extent of Police Powers. We all know that Nigerian Police just like every governmental body has rules and regulation...
12/11/2021

The extent of Police Powers.

We all know that Nigerian Police just like every governmental body has rules and regulations. To understand the extent of Police Powers in Nigeria we will be dissecting the Nigerian Police Act of 2020. As it is the major constitutional provision, from which the police derive their powers.

First let's look at Section 38 of the Police Act of 2020 which states that "A police officer may, without an order of the court, or without a warrant arrest a suspect". This very power to arrest without a warrant which has been given to the police remains one of the major root cause for many unlawful arrests and detention made by the Nigerian police.

Although this power can easily be abused by the police, does this mean nothing can be done to protect the rights of the individual whosever rights has been infringed upon? The individual
being arrested by the Police has the constitutional right to remain silent and avoid answering any question until he or she has consulted a Lawyer. The Police are also required to inform the next of kin or relative of the individual being arrested.

Taking it a step further, Section 8 of the Administration of Criminal Justice Act 2015 provides that every suspect shall be accorded humane and dignified treatment whilst in the custody of the Police, and no Suspect shall be subjected to any form of torture, cruel, inhumane or degrading treatment. This can be supported with Section 35(6) of the 1999 Constitution, which states that "Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, "the appropriate authority or person" means an authority or person specified by law".

All of these means that, though the police have the power to arrest without warrant, the arrested person is still protected by the law. The arrested person is supposed to be accorded all constitutional rights that ensure they are humanely treated and freed as soon as they are cleared of suspicion or detained once charged to court.

Here is how we look at Mondays! Let’s get started and not stop till we get to the Yay I did it.
08/11/2021

Here is how we look at Mondays!

Let’s get started and not stop till we get to the Yay I did it.

Do you ever wonder the constitutional powers granted to the Nigerian police? The Nigerian police powers can be categoriz...
05/11/2021

Do you ever wonder the constitutional powers granted to the Nigerian police?

The Nigerian police powers can be categorized into three:

The power to investigate crime. This permits officers to collect evidence needed to identify suspects to support their fair and effective trial.

The power to prevent crime. This enables officers to maintain public order, prevent anti-social behaviour and manage known offenders or suspects.

The power to ‘dispose’ of criminal cases. These allows officers to dispose criminal cases outside the court of law and charge suspects so they can be prosecuted.

According to the Nigerian Police Act of 2020, the police is expected to prevent and detect crimes protect the rights and...
03/11/2021

According to the Nigerian Police Act of 2020, the police is expected to prevent and detect crimes protect the rights and freedom of all persons in Nigeria, protect the lives and properties of all persons in Nigeria, maintain public safety, law and order, enforce all laws and regulations without prejudice and also collaborate with other agencies to take necessary action and provide support and assistance to those in distress.

If all this are the duties of the police as stated by Police Act of 2020, what then is Police power? This is the inherent power of the police force, to exercise legal control over people and properties within their jurisdiction. It could also be described as the fundamental power to regulate persons and properties in order to promote public welfare.

With the police possessing the power to control and influence people for the sake of public interest, to what extent does their power reach?

Happy New Month.
01/11/2021

Happy New Month.

How will you know the great exploits you can do if you remain in little waters?Dare to shoot for the stars this week.
18/10/2021

How will you know the great exploits you can do if you remain in little waters?

Dare to shoot for the stars this week.

Do you think human rights should have derogations or they should all be absolute?Do you think the lawful derogations per...
13/10/2021

Do you think human rights should have derogations or they should all be absolute?

Do you think the lawful derogations permissible under law are the reasons for the abuse of human rights?

Do you know the human rights guaranteed by the Nigerian constitution?

You are thinking of giving up? Why? You took stock and you are wondering how you will meet all the goals you set for the...
11/10/2021

You are thinking of giving up?

Why?

You took stock and you are wondering how you will meet all the goals you set for the year?

You are feeling pressured from seeing all the things everyone around you is accomplishing?

You are feeling overwhelmed?

Well, if you give up, how will you win?

How will you become everything you are hoping for, if you throw in the towel?

We hope this reminds you that you can always start over and that as long as you never quit, you will win!

We are rooting for you ❤️

Statutory Marriage Statutory marriage or marriage under the Act is a voluntary union for life of one man and one woman t...
06/10/2021

Statutory Marriage

Statutory marriage or marriage under the Act is a voluntary union for life of one man and one woman to the exclusion of all others. (Hyde v Hyde).

Statutory marriage is a voluntary marriage that is intended to last for life and excludes all others. Thus, it is the only union in Nigeria that is limited to one man and one woman.

To validly contract a marriage under the Act:
1. There is need for parental consent if the parties are below a certain age, usually 21. Though there is no express provision for the minimum age in the Marriage Act.
2. Both parties must be single at the time of contracting the marriage.
3. Both parties must be outside the prohibited degrees.
4. There must be mutual consent of both parties.
5. The parties must be sane.
6. The marriage must comply with the requirement of the law of the place with respect to the form of solemnization of marriages.
The only reason for a dissolution of statutory marriage is that the marriage has irretrievably broken down.

Did you know that when a marriage under the Act is being conducted,
There must be at least two witnesses present
The doors of the venue must be open
It must be between 8am and 6pm if it is in a licences place of worship or between 10am and 6pm if it is in a marriage registry.
A Marriage Certificate must be issued.

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