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BAM & GAD Solicitors, 17/19, Allen Avenue, Ikeja, Lagos (2026)

29/04/2026

Probate Matters, Will and Letter of Administration : Responsibilities Of Executors Of Estate In Nigeria

When a person dies, their estate has to be managed and distributed to beneficiaries following a legal process. If the person dies leaving a Will (Testate) the executor(s) appointed by the testator becomes legally responsible for carrying out the wishes of the deceased properly concerning their estates and other assets as written in the Will.

In Nigeria, the role of the Executor is governed by Wills Act, the Administration of Estates Laws, and the Wills Law of the State in which the Testator resided.

Understanding The Role Of An Executor
An executor is the person appointed by the Testator in a valid will to administer the estates upon their demise. The authority conferred on the executor takes effect immediately the testator dies. However, it becomes formally recognized on obtainment of Letter of Probate from the High Court.

A testator can appoint more than one person (not more than four) to become executors and they could be trusted friends, or a legal practitioner. An executor must be a fiduciary; acting in the best interest of the beneficiaries.

Duties and Responsibilities Of Executors
Apply for Letters of Probate
The first duty of an executor or beneficiary of an estate is to apply for and obtain the letters of probate from the High Court which formally confirms the power to act as an Executor even though the will already bestowed the power.

Estate’s Assets Preservation and Valuation
The Executor is to identify, locate, and secure all assets belonging to the deceased which may include, bank accounts, real estate properties, shares, personal properties, vehicles, and digital assets. To be certain everything is in order, professional valuers can be hired to carry out accurate valuation of the properties so that the assets can be shared equally among beneficiaries.

Payments of Debt and Liabilities
The executor is to settle all debt, taxes and liabilities which may include funeral fees, outstanding loan, personal income tax, or rent before distributing the assets to beneficiaries. Failure to do entails being liable for any unpaid debts.

Distribution Of Assets
Once all debts and taxes are settled, the executor can now distribute the remaining assets according to the provisions of the will without impartiality. On no account should the executor divert some of the assets to him/herself to about legal disputes and breach of trust.

Reporting Account Records
Record keeping and reporting is an integral part of the duties of the executor. At the end of everything, the executor will be required to give account of all how assets where received, sold, disbursed, etc.

The account reporting may be required by beneficiaries or the probate court. Therefore, it is important that the executor maintains transparency and fairness all through the process.

Exhibit Fairness
The duty of the executor is also to ensure that the assets are disbursed fairly to all beneficiaries according to the dictates of the Will. There should be no iota of favoritism or partiality to any beneficiary.

Powers Of Executors
Executors we not only confined to duties alone, they possess certain legal powers that allow them administer the estate properly. They include;

Power to sell, lease, mortgage, or manage the deceased property
Power to initiate or protect legal actions on behalf of the estate.
Power to employ professional (e.g. accountants, valuers, or lawyers) to assist in estate management.
Power to allocate the estate to beneficiaries after debts and taxes are settled.
The duties of an Executor in administering the estate of a deceased person are a great legal responsibility that is essential and cannot be overemphasized. The executor serves as the connection between the deceased assets and the beneficiaries, ensuring that the assets are distributed fairly, with accountability and diligence as required by the Nigerian law

We encourage executors or beneficiary of an estate to follow due process, abiding by probate rules and fiduciary obligations while administering a deceased estate and particularly seek legal help from vast experienced lawyers Nigeria.

29/04/2026

Labour Law: Employment Laws, Contracts, And Termination In Nigeria.

Before hiring a talent into your workforce or signing an employment contract, the employer and employee need to first acquaint themselves with Nigeria’s employment laws, which help foster transparency and provide legal protection for both parties.

It is essential to understand the legal procedures associated with employment contracts and terminations, so both parties can take the proper steps if needed. This law article aims to educate employers and employees on employment laws, contracts, and the termination process. Let’s get started.

Employment Laws
Employment law regulates the employer-employee relationship in Nigeria. Below are the primary regulatory employment laws in Nigeria;

The Labour Act, Cap L1 LFN 2004, is the principal legislation that oversees the employment of workers in Nigeria. It covers terms of employment, leave entitlement, payment of wages, contract details, etc.

The Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees certain rights to workers, including freedom from discrimination and the right to dignity.

Trade Unions Act, Pensions Reform Act, Employee Compensation Act, and other sector-specific laws, which collectively address collective bargaining, retirement benefits, workplace safety, and more.

It is essential to note that Nigerian law categorises employees into two distinct categories. We have;

Workers: They are employees who are either clerks or perform manual labour, and the Labour Act governs their employment.

Non-Workers: These are employees who perform administrative, executive, technical, or professional roles, and individual contracts and general law typically govern their employment.

Employment Contracts
An employment contract is a legally binding agreement that outlines the terms of employment between an employer and an employee. It may be written or oral; either way, it is acknowledged by the Labour Act.

In fact, Section 7 of the Labour Act mandates employers to provide a written contract to their workers within three months of commencing work. Therefore, an employee can request it if it is not provided within three months.

A valid employment contract usually contains the following;

Names of parties and the organisation.
Job title and description.
Commencement date and duration.
Working hours and place of work.
Remuneration and benefits.
Leave entitlements.
Termination procedures.
Dispute resolution techniques
Types of Employment Contracts In Nigeria
There are two major types of employment contracts under the Nigerian law. I will briefly explain each contract type.

1. Contract of Service
The contract of service pertains to a direct employer-employee relationship, where the employer is responsible for supervising and providing work tools and a conducive working environment. Employees under this contract are entitled to statutory benefits, such as leave, safety, and pension, among others.

2. Contract for Service
This contract pertains to independent contractors or consultants hired for specific tasks and projects. They are not entitled to the same benefits as employees, but work under agreed-upon terms until the service is completed.

Termination of An Employment
There are different ways in which employment can be terminated in Nigeria. It can be achieved through retirement, dismissal, resignation, redundancy, or mutual agreement.

1. Retirement
Retirement marks the formal end of an employee’s career. It can occur voluntarily, mandatorily, or contractually, depending on how it is implemented in the workplace, as well as the terms agreed upon between the parties.

2. Dismissal
Dismissal is the termination of employment without prior notice due to negligence, theft, dishonesty, or other forms of misconduct. Dismissal doesn’t just happen; it must be justified and follow due process.

3. Resignation
Resignation occurs when an employee submits a resignation notice. When this happens, the employer is expected to pay the salary in lieu of notice. The minimum notice periods are specified in Section 11 of the Labour Act, and they are as follows;

One day for contracts under three months
One week for contracts of three months to two years
Two weeks for two to five years
One month for contracts over five years
4. Redundancy
When an employee’s role becomes redundant due to downsizing or restructuring, redundancy is said to have occurred. Before the employment is terminated, the employer must:

Inform the employee and trade union (where applicable)
Follow fair selection procedures
Pay redundancy benefits.
5. Mutual Agreement
This happens when both parties agree to terminate the employment without conflict. In that case, both parties negotiate the terms of termination.

Consequently, the Nigerian Labour Laws that govern the employer-employee relationship are well cleanly stipulated and defined, it is imperative that you adhere to these laws and follow them hitherto, regardless of whether you are an employer or employee.

Ignorance of the law is not an excuse. For professional and legal assistance on drafting contract terms, contact Bam and Gad Solicitors in Lagos, Nigeria

29/04/2026

Best Ways To Register A Trademark In Nigeria: 2026 Guide
For businesses that want to protect their brand name, slogan, logo, and any other form of identity that distinguishes them from other brands, registering a trademark is the best way to do so.

Registering a trademark for your business is crucial because it legally protects you from intellectual property theft and copyright infringements, thereby granting the business owner the exclusive right to use the trademark in relation to the goods or services registered.

In this guide, we will walk you through the step-by-step process of registering a trademark in Nigeria. Let’s dive in.

What Is a Trademark?
A trademark is what distinguishes a business’s goods and services from those of others. It is unique and can be a name, logo, mark, slogan, design or a combination of all these elements.

In Nigeria, the Trademark Act, Cap T13, Laws of the Federation of Nigeria 2004 (based on the original 1965 Act), regulates trademark registration and is managed by the Trademarks Registry under the Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment.

Procedural Requirement For Registering A Trademark in Nigeria
1. Trademark Search
The first step to registering a trademark is to carry out a trademark search to ascertain if your desired trademark is available. It does not infringe on an existing trademark(s).

Conducting this search enables you to avoid conflicts and increase your chances of getting approved when you apply. To conduct this search, you need to visit the Trademark registry in Abuja if you intend to do the registration yourself. However, it is good to hire best trademark Attorney in Lagos, Nigeria to perform the search for you.

2. Application Details
After a successful search, the next step is to prepare your application details, which include your full name, the physical address of your business, nationality, email address, and any other details requested by the Lawyer.

The applicant will also submit a clear, high-quality image representation (logo, design, etc.) of your trademark. The image format should be JPEG, with a resolution of 120 x 100 pixels.

Next, the applicant will describe the goods and services for which the trademark will be registered. Goods and services are classified into 45 different classes under the Trademark Act; therefore, the applicant needs to identify the correct class for the trademark.

Additionally, the applicant must provide a signed Power of Attorney to the attorney or agent hired for the registration process.

After which, the applicant proceeds to file their application by paying the prescribed fees required.

3. Examining the Application
After you have submitted your application, the Trademark Registry examines your application to ensure it complies with all legal requirements by checking if the registration is properly done/complete, and assessing if the trademark does not conflict with other existing trademarks and adheres to the legal standard.

If any issues arise during the examination, the applicant will be notified and given the opportunity to address them.

4. Acceptance and Publication
Once the examination is successful and accepted by the registry, the trademark will then be published in the Trade Mark Journal.

The essence of the publication is to allow third parties to contest the publication, which lasts for a period of two months. After that, if there are no objections, the registration proceeds to the next level.

5. Issuance of Certificate of Registration
Where no opposition arises, or where an opposition arises but is ruled in the applicant’s favour, the application is then registered, and you will be issued a certification of registration.

The certificate grants you the exclusive right to use the trademark for your goods and services. It is valid for an initial period of seven years from the application date and can be renewed indefinitely for 14 years.

Pro Tip: I have to add that the applicant should adhere to renewing their trademark at least three (3) months before the expiry date to avoid any issues. Also, regularly check for unauthorized use of your trademark, and take legal action if any is found.

Trademarks That Can / Cannot Be Registered
According to the Trademark Act, the trademark that can be registered must contain at least one of the following;

Company, individual, or firm name represented in a special or particular order.
Signature(s) of the applicant or predecessor in business
Invented word(s)
Words that do not directly describe the nature or quality of the goods and are not commonly recognized as geographical names.

In that same light, trademarks that cannot be registered include:

Deceptive/Scandalous marks
Names of chemical substances
Marks identical to or resembling one already registered.

Trademark registration is a rigorous yet crucial process for businesses that want to protect their brand identity from intellectual property theft and copyright infringement. The process requires the applicant to pay attention to details and patience to follow through with all the processes, which takes between 81 days and 233 days.

Therefore, when you need any assistance, it’s best to reach out to best legal practitioner in Nigeria or a legal expert for guidance.

If you need best trademark lawyers in Nigeria, you can contact bamandgadsolicitors.com.ng for greatest legal assistance on trademark registration and other incidental legal services in Nigeria.

29/04/2026

Common Legal Mistakes Made By Small Businesses And How To Avoid Them.

In Nigeria, it is very important a business owner secured best legal advice on business law reqiurements and regulations for smooth start of business in Nigeria from best business and commerecial lawyers in Nigeria-Lagos that would particularly guide the business owner before embarking on businees venture without legal impilcations that will affect the businees in the future because of failure to comply with laws and regulations in Nigeria.

If you currently own a small business that is thriving, you will agree with me that starting and successfully running a business that will outlive you is not an easy task at all, especially in a country like Nigeria, where business growth is challenging.

Most entrepreneurs get caught up in other aspects of their business, like finance, customer service, marketing, production, operations, etc, and forget the legal aspect, making mistakes that would destroy their business faster.

Aware of this, we’ll share with you in this article the common legal mistakes that small businesses make and how to avoid them in 2026 and beyond. Ready to learn? Let’s dive.
Common Legal Mistakes Small Business Owners Make
1. Operating a Formal Business
One of the common mistakes I see SME’s make is going into full business operations without duly registering their business in Nigeria. This habit seems to be the norm with small business owners choosing and operating on a business name that is not yet registered.

Let me tell you, you are making a grave legal mistake that could cost you losing everything in the blink of an eye. Someone smart and fast enough could register that business name and claim that you stole their business name, and you know the legal implications of such claims.

To avoid situations like that, and build a credible business compliant with the Nigerian law, register your business name with the Corporate Affairs Commission (CAC) before business operations.

2. Refusal To Put Contracts Into Writing
Another common legal mistake small business owners make is taking on contracts without first putting them into writing. I’ve seen this play out over and over again in my over two decades of being a legal practitioner for small businesses. I’d tell you for free that situations like that always get messy and rarely end in favour of the business owner.

Before you go all in on partnerships, signing contracts, and having handshakes or jubilating about it, ensure that the contract is written on paper with everything well spelled out. Whatever is written down should be legally binding, so in case of disputes, you can prove that in the law court.

3. Absence Of Tax Compliance
Many small business owners fail to pay their taxes for one reason or another. Many businesses hide under the guise that their business hasn’t brought in profit yet or that Nigeria’s tax code is complicated, but it’s still not enough reason not to pay your tax.

The penalty for non-compliance with newly passed tax law 2025 by the National Assembly and signed in to law by the President can result in heavy fines and even the closure of a business in extreme cases. To avoid these, reach out to the Federal Inland Revenue Service (FIRS) or your state tax authorities to understand your tax obligation and get started with the process.

4. Intellectual Property Protection
Lack of intellectual property protection is another legal mistake businesses make, especially in the early stages, forgetting that there is high competition in the Nigerian business space. And cunning people are always looking to steal ideas, inventions, creatives, patents, brand names, and anything that would make you stand out and be unique.

To prevent cunning competitors from stealing your ideas, get your intellectual property (IP) registered before starting a business so you can contend it in court if there is any theft or infringement.
5. Failure To Get The Required Permit or Licenses
In Nigeria, some permits and licences are required before you are allowed to operate your business legitimately. Failure to get these licenses or permits can lead to fines or the closure of your business.

We have NAFDAC approval, CBN, and the Ministry of Environment licensing. The list varies based on your business type. So do your due diligence and obtain the required licence before launch.

6. Not Adhering To Employment Laws
Many small business owners get carried away with building their product or service, without abiding by Nigeria’s Labour Act. If you are to hire labour, then you have to comply with the law of hiring labour to the letter.

Every employee should sign a written contract that rightly outlines their job, rights, and duties. The statutory obligations and benefits should be clearly stated in the contract, as well as any other requirements.

Complying with the employment laws will be your defence if an employee drags you to court for an employment-related issue.
How To Avoid Legal Mistakes In Your Business
1. Hire A Good Lawyer in Nigeria
I can not stress how important getting a lawyer before you kick off business operations is. Many business owners may consider hiring a lawyer or seeking legal counsel expensive. However, one decision will pay off big time in the long run.

With a lawyer, you’d have it easy when registering your business, drafting agreements, signing contracts, understanding contract clauses, and many other benefits.

2. Keep a Record Of Transactions
Always keep track of every transaction in your business, whether the transaction is done with your suppliers, employees, or customers. No matter how minute you feel that transaction is, record it to serve as proof when necessary.

3. Utilize Legally Binding Contracts
Resist entering into any agreements over the phone or verbally. Whether it’s your suppliers, partners, or employees, always ensure to have a legally binding contract that clearly spells out the rights, duties, responsibilities, benefits, equity sharing, etc involved.

In Conclusion
Your business is a serious business, so you need to avoid every legal mistake that would jeopardise its growth and stifle the effort you put into it. Before going public with your business, it’s imperative that you lay down the proper legal foundation that will keep your business standing tall.

Get best legal advice and all the proper legal documentation, licenses, and registrations, and seek legal counsel ahead of your launch so you don’t fall prey to any legal mistakes.

Seek best legal services and advice from well experienced business and commerecial lawyers in Nigeria or Lagos for best legal advice on all matters in respect of legal requirements and due diligence prescribed by law and Companies and Allied Matters Act 2020 as amended .

29/04/2026

7 Important Legal Tips Buying Properties & Land in Lagos, Nigeria

To secure best legal title on purchase and acquisition of commercial & residential property or Land in Lagos and environs with peace of mind and perfect property title must commence and be concluded by involving best experienced Land-property lawyers, attorneys and solicitors in Lagos, Nigeria.

You saw a land or building in a strategic location and decided to purchase it. You researched and concluded that the property is genuine (or so you thought), made payments, and signed some legal documents. You are about to build or move into your property only to find out that they are so many legal issues and hurdles to overcome before you can build or move in.

For land, properties, real estate land-conveyance matters in Lagos, lekki, environs in Nigeria you must consult well experienced lawyer in landed-property in the specific legal jurisdiction where the property or land is located.

Before going ahead to buy any real estate property in Nigeria, it is essential first to consult and hire a lawyer who would help you check the property ownership history to conduct due diligence, cross-check every document, ensure it complies with the property laws, and likely defend you if need be.

Hiring a lawyer isn’t enough; you need to listen to your lawyer, too, if you don’t want to fall victim to land issues.

No matter your relationship with the real estate developer or land agent, whether they are family, friends or, once your lawyer advises, you don’t take other advice.

2. Go For Physical Inspection
I know close family and friends are advertising most real estate properties. During the advert, they will likely paint a perfect picture of the property to pique your interest, and have you purchase faster.
Here’s my advice: never buy a property you have not seen and vetted yet. You may buy swampy land, or one in a thick bush with no motorable road or neighbours. This is if you are lucky enough not to be one of the numerous owners of the same property.
So, physically visit the land with a surveyor and lawyer before making payments. And in situations where you cannot visit, get a trusted person to do it for you while you video call or have them record during the entire inspection process.

3. Demand For Title Documents
After you have gone for a physical inspection to ascertain that the land matches your expectations or needs, it is crucial that you make demands for original copies of all the property’s title documents. Don’t just believe hearsay from neighbours or the developer about who owns the property.
The Title documents should include the following;
Certificate of Occupancy(C of O)
Registered Survey Plan(The surveyor general should sign it)
Governor’s consent
Deed of Assignment(Registered and Stamped)
Excision and Gazette(if you bought land located in the village)
Friendly Tip: For the Deed of Assignment, please ensure your name is written on it and it is signed during purchase before accepting it. Otherwise, you can’t claim ownership of the land.

4. Verify All Title Documents
Once you have been given all the necessary legal documents of the property, do not rejoice yet, thinking you’ve met a genuine seller, but rather, without any further delay, head to your state land registry to verify the authenticity of the documents.
Let me tell you, land Issues are extremely smart and ahead of you in their games. To beat them to their game, you have to carry the documents alongside your lawyer to the land registry to confirm the authenticity of the Deed of Assignment, C of O, Title number, plot location, and every other relevant information.
During this process, take the time to cross-check everything. The dates, write-up, signatory, etc, should correspond before you proceed with the purchase.

5. Verify the Seller’s Identity
Before buying any land or property from any seller or developer, please verify the person by checking for their valid government-issued identification. And if it’s a family land, ensure all the family members are interested in the sale and are all present on the day of purchase.

On the other hand, if it’s a company, you should check for their CAC documents and only pay into the company’s corporate bank account.

6. Ask Some Legal Questions
Whether you hire a lawyer(it’s wise to hire one) or not, prepare some legal questions to ask the seller. Doing so will help you know if you are to proceed or not. If you have already hired a lawyer, they can ask these questions on your behalf; otherwise, here are some legal questions to ask the seller.

Is the land subject to court litigation?
Is it communal or inter-family land?
Can the seller prove ownership of the property?
Has the property been sold to multiple persons?

While asking these questions, ensure to record the entire discussion and response for future reference, and evidence if need be.

7. Vet All Contracts
In conclusion, take the time to vet all contracts before appending your signature to any document. If there are any clauses or statements you find hard to understand, get your lawyer to carefully vet and explain everything so you know what you are getting into.
Final Words
You need patience, thoroughness, and proper legal guidance to avoid land issues Lagos, in Nigeria. The truth is, the entire process may seem lengthy and expensive; however, all due diligence are mandatory.

The best legal advice on property matters in Lagos and environs is to adhere to all the tips outlined in this guide to the letter, and if you need legal counsel before buying your next property, you can reach bamandgadsolicitors in Lagos both in Ikeja and Lekki offices in Nigeria.

29/04/2026

Understanding Intellectual Property Law In Nigeria

The best ways of registering intellectual property rights in Nigeria including trademarks, patent rights, copyrights, names, images, inventions, literary, artistic, design, symbols and related intellectual property s by engaging best intellectual property lawyers in Nigeria for legal advice and proper guidance.

Being able to enjoy the freedom, protection, and right of ownership that comes with a creation, an innovation or invention is what every creative wants. However, it seems like a mirage for many creatives who battle intellectual property theft.

Good news is, there are laws and regulations that oversee the protection of a creative’s intellectual property. And we’d be dissecting thee intellectual property laws in Nigeria in this article. Let’s get started.

What Exactly Is An Intellectual Property?

As defined by the World Intellectual Property Organization (WIPO), an intellectual property is the creation of the mind such as inventions; literary and artistic work; designs, names, images and symbols used in commerce. In essence, an intellectual property is the creations of the human mind.

Forms Of Intellectual Property

There are various forms of intellectual property and all of them have there laws that protects the rights of creatives. However, we will be focusing on the three main laws governing a creator’s intellectual property in Nigeria which are the Copyright Act, the Patents and Designs Act, and the Trademarks Act.

Copyright

A copyright is the exclusive right granted to a creator for their original work or idea, giving the creator the power to prohibit or authorize other on the use of his/her work. These rights are classified as moral and economic.

The moral rights of a creator is the right to be acknowledged as the creator, inventor, or author of a work. While the economic right is the rights of creatives over the distribution of their work an the financial benefit gotten from it.

In Nigeria, copyright is governed by the Copyright Act and regulated by the Nigerian Copyright Commission. Under Section 1(1) of the Copyright Act are provisions for works protected by copyright such as Literary works, Musical works, Artistic works, Cinematograph films, Sound recordings, and Broadcasts.

Furthermore, the duration of copyright for literary, artistic or musical work last about 70 years after the death of the author, while films, photographs and sound recordings last about 50 years after first published.

Trademark

A trademark is a unique sign that distinguishes one business goods and services from another. A trademark can be a brand’s symbol, name, logo, slogan, etc that customers identify the brand with.

The main legislation governing trademarks in Nigeria is the Trademark Act Cap T13 Laws of the Federation of Nigeria, 2004. While the regulatory body that enforces and protects trademarks in Nigeria is the Trademark, Patent and Design Registry under the Commercial Department of the Federal Ministry of Trade and Investment.

If you want more information on the procedures for registering a trademark in Nigeria and the common mistakes to avoid, then you can read our other articles where we talked about it extensively and consult best intellectual property lawyer in Nigeria for best legal advice on intellectual property rights registration including trademark, patent, copyright and other intellectual property rights.

Patent and Design

Patent is an exclusive right granted for an invention which is a product or process, providing a new way of getting things done, or offering a technical solution to a problem. It last for a duration of 20 years as long as the patentee keeps renewing the annual patent fees. If for any reason the patentee defaults, the patent will be given a six months grace, after which there is no renewal, it will expire entirely.

To get a patent, you need to apply to the Trademark, Patents and Design Registry under the Federal Ministry of Trade and Investment. The application should contain the applicant’s personal details, a clear description of the invention and payment of the prescribed fees.

After careful examination by the registrar, ensuring it complies with the regulatory requirement and found worthy, the patent will be granted to the applicant with other necessary document.

Design on the other hand could be a combination of lines or colors, and any 3D form, that distinguishes a brand from another making it aesthetically pleasing to consumers. Its intent is to protect the appearance of an invention, and it’s registrable so long as it’s new and does not oppose public order or morality.

Patent and Design Act Cap P2 LFN 2004 regulates the Patent and Design law in Nigeria.

In Nigeria it is very important to take legal advice from the best and experienced intellectual property lawyers in Nigeria to register your intellectual property under the relevant intellectual property laws is an important step to protecting and enforcing the rights of your intellectual property rights should there be any infringement.

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