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Ada The Law, Port Harcourt (2026)

18/05/2026

Notary Public and a Commissioner for Oaths; the difference.

Many people confuse these two, but they are not the same, even though both deal with documents and oaths.

1. Commissioner for Oaths
A Commissioner for Oaths is a person authorized to primarily:
👉Administer oaths and affirmations
👉Take affidavits and statutory declarations
They are appointed by the Chief Judge of a State or the Chief Justice of the Federal High Court and their authority works well for everyday legal matters that stay within Nigeria,

2. Notary Public
They are appointed directly by the Chief Justice of Nigeria, making it a national appointment that carries significantly more weight.
Beyond witnessing oaths, a Notary Public can;
👉certify true copies of original documents,
👉prepare formal notarial acts,
👉and most importantly, produce documents that are recognised across international borders.
This is what embassies, foreign universities, international courts, and overseas businesses actually accept.

NOTE:
On the question of professional qualification, both offices are connected to the legal profession but at different levels.
👉A Commissioner for Oaths is typically a legal practitioner, though in some states non-lawyers holding certain public offices may be appointed.
👉A Notary Public however must be a legal practitioner of good standing with a minimum of Seven (7) years post-call experience. This means they must have been called to the Nigerian Bar and must have practiced actively for at least 7 years before qualifying for the appointment.
This requirement reflects the seriousness and international responsibility the office carries.

The practical rule is straightforward.
👉If your document is staying in Nigeria, a Commissioner for Oaths is usually enough.
👉If your document is travelling outside Nigeria for any reason at all, whether for a visa, foreign degree verification, international business, or embassy submission, you need a Notary Public.

Every Notary Public holds the powers of a Commissioner for Oaths, but a Commissioner for Oaths cannot perform the international authentication duties of a Notary Public.

Therefore, when you are unsure, always choose the Notary Public.

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10/05/2026

Ada The Law’s Legal Word of the Day

- DEFAMATION

Defamation is a false statement made about a person that injures their reputation in the eyes of right-thinking members of society.

In law, defamation can be:
👉Libel – written or published (posts, messages, newspapers, blogs) or
👉Slander – spoken words

In simple language, Defamation means spoiling someone’s name with lies.

So, if you tell people something untrue about a person and it makes others see them as bad, dishonest, immoral, or criminal then that’s defamation.🤷‍♀️

For e.g,
* You tell people that someone is a thief, when they are not.
* You post online that a woman is a pr******te without proof.
* You keep saying a man built his house with stolen money when it’s false.

👉 If it’s false and damages their reputation, you may be liable. But if what you said is true and you have proof, it is not defamation.

Note: in defamation cases,
- Truth is a defence.
- Opinion is different from fact.
- Repeating a lie is still defamation. i.e “na wetin dem tell me” is not a defence.

Therefore, before you talk, post, or forward that message, ask yourself:
Can I prove this in court if challenged?

Question
Have you ever seen someone’s reputation destroyed by rumours or social media posts?
Drop your thoughts 👇🏽

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08/05/2026

Ada The Law’s Legal Word of the Day:
Word: LACUNA

A lacuna simply means a gap or missing part in the law.
It is a situation where the law is silent on an issue, unclear, or did not anticipate a particular circumstance.

In practice, a lacuna arises when there is no specific statute or clear provision to guide the court on a matter before it.
When this happens, judges do not simply abandon the case or dismiss it. They rely on judicial interpretation, existing principles of law, decided cases, and sometimes equity to fill the gap and do justice.

For example, where a new type of dispute emerges maybe due to technology and there is no law directly regulating it, the court may say there is a lacuna in the law and resolve the issue by applying general legal principles.

In simple terms, a lacuna is not the absence of justice, but a gap in written law that the court is called upon to bridge all in the interest of justice

Follow Ada The Law for more legal words made simple.

06/05/2026

Have you ever witnessed your lawyer laughing with your opponent’s lawyer after a court sessions?

Felt like betrayal right?😥

This is one of the most common fears Nigerian litigants carry home after court hearings. This here deserves a straight, honest answer.
The short answer is, No. It is not a sign of bribery. It is actually completely normal.

Here is why:
Lawyers are professional opponents, not personal enemies.

In the Nigerian legal system and indeed every common law system, lawyers are trained to argue fiercely for their clients inside the courtroom. That is their job. But the moment they step outside, they return to being colleagues who share the same profession, sometimes the same law school, the same bar association, and even the same friends.

The argument you saw in court was professional advocacy. The laughter you saw outside was human collegiality. 🤷‍♀️
The two are not contradictions.

Think of it like this:
Two boxers pound each other for 12 rounds, then hug at the final bell. Nobody calls that suspicious. Lawyers work the same way.

Where you should actually be concerned is where :
👉Your lawyer is unable to explain what happened in court that day
👉Your lawyer is discouraging you from pursuing a strong case without clear legal reasons
👉Agreements are being reached without your knowledge or consent
👉Your lawyer is sharing your confidential information with the other side
These are the real red flags and not a handshake or laughter in the court corridor.

Under the Rules of Professional Conduct for Legal Practitioners in Nigeria 2007, your lawyer owes you a duty of loyalty, confidentiality, and candid advice. Any lawyer who compromises your case for personal gain can be reported to the Nigerian Bar Association (NBA) and the Legal Practitioners Disciplinary Committee (LPDC).

Therefore, a laughing lawyer is not a betraying lawyer. But an unexplaining lawyer should make you ask questions. Always debrief your lawyer after every hearing. Ask what was argued, what the judge said, and what the next step is. That is your right as a client.

Hope your mind will be calm now😄

Don’t forget to follow Ada The Law.

03/05/2026

WHY WOMEN ARE PROHIBITED FROM STANDING AS SURETIES.

Are women actually prohibited from standing as sureties?

No. Women are NOT prohibited from standing as sureties in Nigeria.

There is no law in Nigeria that says a woman cannot stand as a surety for a defendant.

So where did this idea or misconception come from?
Guess it came from:
👉Outdated practices
👉Personal preferences of some courts or officers
👉Stereotypes about women’s financial capacity or stability.
These are not law.🤷‍♀️

What does the law actually require?
When granting bail, courts focus on whether the surety is:
👉Responsible and reliable,
👉Has a verifiable address,
👉Has means or influence to produce the defendant in court,
👉Sometimes, owns property or has stable employment.

…and none of these requirements exclude women.

Any condition that says “Only men can stand as sureties” is discriminatory and can be challenged.
It goes against the right to freedom from discrimination under the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Nigerian courts have frowned at bail conditions that are:
👉Excessive/onerous,
👉Unreasonable,
👉Discriminatory.
Bail is meant to be liberal, not punitive.

For example a court says “Bring two male sureties.”
That condition is not based on law.
A qualified woman who meets all requirements can validly stand as surety.

Women are fully qualified under Nigerian law to stand as sureties because gender is not a legal requirement. Capacity and credibility are.

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02/05/2026

WHAT HAPPENS IF A COURT ORDERS YOU TO PAY DAMAGES BUT YOU DON’T HAVE MONEY?

Many people think that once a court awards damages against someone, the person automatically goes to prison if they cannot pay.

That is not how the law works.

In Nigeria, damages awarded by a court are treated as a civil debt, not a criminal punishment.

So inability to pay immediately does not automatically mean imprisonment.

First: The judgment still stands.
Once a court orders you to pay damages, the debt becomes legally binding. Whether you have money or not at that moment, you are still legally obligated to pay.

The winning party (called the judgment creditor) now has legal ways to recover the money.

Means via which the money can be recovered include;
If you refuse or fail to pay, the law allows enforcement through legal processes such as:

1. Garnishee proceedings
The court can order your bank to freeze the money in your account and pay the creditor directly from your account especially if the creditor knows where you bank.
Example:
If you have ₦500,000 in your account, the court may direct the bank to pay from it.

2. Seizure and sale of property (Writ of Fieri Facias – FiFa)
Court officials may seize valuable movable property belonging to you, sell it at public auction to satisfy the debt.

This may include vehicles, electronics, or other assets, etc.

3. Attachment of earnings
In some situations, part of your salary may be deducted periodically until the debt is paid.

Will you go to prison because you are broke?
Generally, you cannot be imprisoned simply because you are poor.

Nigerian law does not punish mere inability to pay a civil debt.

However, problems arise where:
👉you deliberately hide assets,
👉you refuse to obey court orders,
👉you lie about your finances, or
👉you disobey enforcement proceedings.
At that point, imprisonment may occur not because of the debt, but because of contempt of court or disobedience to lawful orders.

In reality, Courts understand that not everyone can pay large sums immediately. A debtor may apply to the court to:
👉negotiate payment terms, or
👉request installment payments.
The court’s goal is enforcement, not punishment.

Winning a case is one thing. Recovering money is another.
And owing damages does not mean instant jail, but it does mean the law now has the power to legally reach your assets.

In conclusion, you cannot escape a judgment simply by saying you have no money. The court may not jail you for poverty, but it can lawfully follow your assets until the debt is satisfied.

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28/04/2026

“Justice be done though the heavens fall.”

This famous maxim means that justice must be carried out no matter the consequences.
Even if the outcome is difficult, unpopular, or inconvenient, the law must still take its proper course.

In simple terms, the court is saying: “We will do what is right, even if everything else goes wrong.”

According to research, the phrase is often linked to Lucius Calpurnius Piso Caesoninus, a consul in Rome and also the father-in-law of Julius Caesar.

This maxim teaches that:
👉The law must be fair and impartial
👉Decisions should not be influenced by:
-Public pressure
-Emotions
-Fear of consequences

E.g
Imagine a powerful politician is clearly guilty of a crime. Even if punishing him may cause public unrest, political tension, etc, the court must still uphold justice.🧑‍⚖️

This principle supports the idea that no one is above the law and justice must not be sacrificed for convenience.

Reality check
While the maxim is powerful, courts also try to balance justice with practical consequences and ensure that justice does not create unnecessary chaos.

In summary, justice must stand firm, even when the outcome is uncomfortable.

Ada The Law ✍️

27/04/2026

CEASE AND DESIST LETTER

A cease and desist letter is a formal warning letter sent to a person demanding that they stop a particular action immediately and never repeat it, or face legal action.

“Cease” means stop.
“Desist” means do not continue or repeat it.

It is usually the first legal step taken before going to court.

When is it used?
Lawyers commonly send cease and desist letters where someone is:
👉spreading false or defamatory statements
👉posting damaging content online
👉harassing or threatening another person
👉infringing intellectual property (using someone’s work or brand without permission)
👉trespassing or interfering with another person’s rights

For example;
Imagine someone posts false allegations about you on Facebook or WhatsApp, damaging your reputation. Instead of rushing straight to court, your lawyer may first send a cease and desist letter demanding that the person deletes the post, stop further publication, and sometimes issue a public apology.

If the person complies, the matter may end without a lawsuit.

Is it a court order?
No.
A cease and desist letter is not a judgment or court order. It is a legal warning. However, it shows that the sender is ready to take legal action if the behaviour continues.
Ignoring it does not automatically make you guilty, but it increases the risk of being sued.

Why do lawyers send it first?
The law encourages parties to resolve disputes peacefully where possible. A cease and desist letter gives the other party notice, creates written evidence, and may prevent unnecessary litigation.

Courts often appreciate when parties attempt settlement before filing a case.

Receiving a cease and desist letter does not mean you should panic. It means: “You are being formally warned. Fix this issue now or prepare for court.”🤷‍♀️

Anyways, always seek legal advice before responding, especially if the allegation involves defamation or online publication.

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20/04/2026

ADA THE LAW LEGAL WORD OF THE DAY

- RULING

A ruling is a decision made by a court on a specific issue during a case, but not the final judgment.

A ruling is when the judge says:
“This is my decision on this particular issue for now.”

When is a ruling given?
Rulings are given during proceedings on matters like:
👉Objections raised by lawyers
👉Applications (e.g. bail, stay of ex*****on, etc)
👉Admissibility of evidence

Ruling vs Judgment
👍Ruling → Decision on an issue during the case
👍Judgment → Final decision that ends the case

During a trial, a lawyer objects to a document being tendered. The judge decides whether to allow it or not.
That decision is a ruling.

A ruling can affect the direction of a case, but it does not conclude the entire matter.

In essence, ruling is a step in the journey of a case, not the destination.

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19/04/2026

- Juvenile Court

A juvenile court is a special court that handles cases involving children and young persons ( under 18 years), especially when they are accused of offences or need protection.

It is a court created to deal with children in conflict with the law, in a way that focuses more on rehabilitation than punishment.

Under the Child’s Rights Act, children are not treated like adult offenders.
Their cases are handled in a more protective and child-friendly system.

Who are children and young persons(juveniles)?
👉 Children (1-7): Are not criminally liable and the Juvenile Court has no jurisdiction over them.
👉 children above 7 but less than 12: they are not criminally liable unless at the time they committed the crime, they had the capacity to know what they were doing.
👉 children between 12-14 are liable for offences committed by them
Young Persons are persons above 14 but below 18.

Juveniles cannot be tried in regular courts except:
👉 he committed a capital offence
👉 was charged together with an adult.

How courts determines a juvenile’s age is via birth certificates, oral testimonies of parents, relatives, school mates, medical doctors examinations.

What makes it different?
In a juvenile court:
👉Proceedings are usually private (not open to the public)
👉The child’s identity is protected
👉The focus is on correction and welfare, not harsh punishment.

E.g
A 15-year-old involved in theft will not be tried like an adult in a regular court.
The case will go to a juvenile court, where the aim is to correct and guide the child.

Children cannot be subjected to the same criminal procedures or penalties as adults. The law prioritizes their best interests and future.

In conclusion, a juvenile court is not just about justice. It is about protecting, correcting, and giving children a second chance.

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18/04/2026

Justice of the Peace (JP)

A Justice of the Peace is a person appointed by the state government to perform limited judicial and administrative functions, especially at the community level.

According to the Section 2 of the Criminal Procedure Act, justice of the peace means:
“a person appointed to be a justice of the peace under the law of a State”.

A JP is not a full judge, but someone recognized by law to assist in minor legal and official matters.

What does a JP do?
In Nigeria, a Justice of the Peace may:
👉Witness and sign documents
👉Administer oaths and affirmations
👉Help maintain peace and order in the community
👉In some cases, assist in minor dispute resolution

Important clarification:
A JP is not the same as a Justice, judge or magistrate of courts who require qualifications in the legal profession to perform judicial activities.

JPs do not conduct full trials or give major court judgments like regular courts.

How is a JP appointed?
A Justice of the Peace is usually:
👉Appointed by the State Government
👉Given the role based on integrity and standing in the community

The powers of a JP in Nigeria are limited and largely administrative, unlike in some countries where JPs may exercise wider judicial powers.

In conclusion, a Justice of the Peace is a community-based legal officer who helps with minor legal formalities and promotes order, but is not a judge.

— Ada The Law

Ada The Law

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