News and updates from Path Solicitors

THE EMPLOYEE’S COMPENSATION ACT 2010 AT A GLANCE BY GERALD AJOKU ESQ

INTRODUCTION The Employee Compensation Act 2010, was an important piece of legislation passed in order to provide for employees who were injured, disabled, or died during the course of their employment. The Employee’s Compensation Act is a social security/welfare scheme that provides comprehensive compensation to employees who suffer from occupational diseases or sustain injuries arising […]

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LEGAL FRAMEWORK AND CHALLENGES OF DATA PROTECTION/PRIVACY IN NIGERIA. By OMOBOLAJI O. OYENIRAN ESQ.

The prevalence of data processing in the modern global economy has made it imperative for its protection. Presently, data protection is regarded as an extension of fundamental human rights which is aptly protected under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other statutes. This article gives an insight on the […]

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Statutory Mandate of the Corporate Affairs Commission And Implementation Of CAMA 2020. By John Demide Esq &; Gerald Ajoku Esq.

The Companies and Allied Matters Act, 2020 [The Act], repeals and replaces the  Companies and Allied Matters Act of 1990. The new Act now seen as Nigeria’s most significant legislation passed three decades after CAMA 1990, is targeted at injecting the much needed innovation required to jumpstart the economy. The Act has been copiously analysed […]

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AN ANALYSIS OF THE LEGAL STATUS OF CRYPTOCURRENCY II: THE SEC STATEMENT ON DIGITAL ASSETS by -Odigbo Ugochukwu Sandra

The Securities and Exchange Commission(SEC) released a statement (“The Statement”) for the purpose of catering to the regulation of cryptocurrency in Nigeria. The statement announced that all cryptoassets are now considered securities thereby putting it under the regulatory authority of the SEC and the Investment and Securities Act (ISA) 2007. The statement made further provisions […]

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AN OVERVIEW OF THE NAICOM AND PENCOM GUIDELINES ON EMPLOYEE GROUP LIFE INSURANCE POLICY; RETIREE PACK; AND RETIREE LIFE ANNUITY. By OMOBOLAJI O. OYENIRAN Esq.

The Regulators of the Pension and Insurance sectors -National Pencom Commission (PenCom) and the National Insurance Commission (NAICOM)- on 1st September, 2020 issued some guidelines and regulations to govern the stakeholders in the sectors. The guidelines include: (i) the Revised Guidelines on Group Life Insurance Policy for Employees; (ii) the Retiree Pack for retirees under […]

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A Legal Analysis of the Legal Regime on Cyberstalking in Nigeria -Odigbo Ugochukwu Sandra

Introduction The crime of cyberstalking is relatively new to the criminal legal system of Nigeria. It has developed and grown into a very rampant crime as the exposure on the internet constantly places people in positions to be victims. People put private information on the internet for public viewing. The internet has become a part […]

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A Legal Analysis of the CBN Global Standing Instruction Policy -U. S. Odigbo [Miss] Esq.

In 2019, the Central Bank revealed plans of a collaboration with the Nigeria Inter-Bank Settlement System (NIBSS) and the Bankers’ Committee to launch an initiative allowing lenders to recover loans from deposit accounts of loan defaulters from any bank or financial institution in the country. This was a process that started in May 2019 by the bankers […]

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POST NO DEBIT DIRECTIVE: LEGAL DUTIES AND LIABILITIES OF BANKS.

-Omobolaji O. Oyeniran [Miss] Esq (Associate Counsel) A Post-No debit (PND) is usually issued on a bank account for several reasons; when a customer’s account has been hacked, or they lose their ATM card, they can rush to the bank to get a post no debit on the account. Post No debit Order/ directives are also […]

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THE NBC AMENDED CODE: LEGAL IMPLICATIONS TO THE CONTENT CREATION INDUSTRY IN NIGERIA.

By Path Solicitors. The entertainment and broadcasting industry is one of the most fantastic sectors of the Nigerian economy, witnessing rapid growth and development both in creativity, innovation and revenue stream. So, it’s no wonder that the Federal government of Nigeria has cast its radar on the broadcasting sector, with the Nigerian Broadcasting Commission (hereinafter […]

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By: Odigbo Ugochukwu Sandra [Miss] Esq. On the 17th of August, 2020, Mr. David Hundeyin released an article titled “David Hundeyin’s State Theft, Cryonism and Civil Rights Violations: Inside the Hidden Horrors of the CAMA 2020 Bill”. The article was an analysis expressing the writer’s reservations about the Companies and Allied Matters Act, 2020 which […]

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THE COMPANIES AND ALLIED MATTERS ACT (CAMA), 2020 AT A GLANCE

a Publication by Path Solicitors… On the 7th of August, 2020, President Muhammadu Buhari signed into law, the new amendments to the Companies and Allied Matters Act. This amendment has been long awaited by lawyers, companies, SMEs, business community and generality of the public locally and internationally. This Amendment repeals the relevant Sections of the […]

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KNOW YOUR RIGHTS: POLICE STOP & SEARCH

Frequently Asked Question: Does the Nigerian Police have the right to stop  and search me? Simple Given Answer: Yes! But, under certain conditions. An officer of the Nigerian police possesses the legal power and constitutional authority to stop and frisk you or your property at any point in time, but they must do so on […]

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RIGHT TO REMAIN SILENT: THE MIRANDA LAW

By Path Solicitors The Miranda doctrine is a set of universally accepted fundamental rights that by law, must, be recited by an arresting officer to a citizen, before arresting or interrogating that citizen, in lieu of being the suspect of an alleged crime. Also known as the Miranda law / Miranda warning, it is read […]

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LEGAL REQUIREMENTS FOR OPENING A BUSINESS IN NIGERIA

Now, Picture this! You’ve got an idea, you have a product, you’ve set up your business location either physically or claim some digital real estate, you’ve got marketing ready, all is SET and we’re a go for Launch right?? No! You forgot one itty-bitty little fraction of the whole equation. Is your business legally backed? […]

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Implications of Abuse of a Patient’s Rights in a Post-Covid 19 Nigeria

By John Demide Nigeria recognizes the right to health and has committed itself to its protection by assuming obligations under international treaties and domestic legislation mandating specific conduct with respect to the health. Nationally, it is guaranteed under Chapter 2 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Health Insurance Scheme Act (1999) etc to mention a […]

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UN-EXECUTED NIGERIAN LEGISLATION: THE PLACE OF THE CORP LAWYER…

By Omobolaji Oyeniran Esq. It is a popular saying that most Nigerian laws are yet to be implemented, this I believe to be true. 60% of the provisions of laws made are yet to be implemented hence leaving plethora of untapped goldmines in our laws, just as in reality, the nation still struggles to manage […]

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Company Regulations, 2017: An amendment of the Companies and Allied Matters Act, 2004

By ODIGBO UGOCHUKWU SANDRA INTRODUCTION According to the Companies and Allied Matters Act[i], one of the requirements for application for registration of a company is the Statutory Declaration of Compliance[ii]. This requirement demands a certificate declaring that the promoters of the company have complied with all the requirements of the law. The Declaration must be […]

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Force Majeure in Employer-Employee Relationship: A Covid-19 Reality.

By John Demide, Esq. Man has been plunged into a new reality, one where the regular occurrences he is accustomed to is turned over on his head. He has had economic activities halted in a bid to ensure longevity and the assurance of a possibility of living to see another day. The Nation of Nigeria […]

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AMCON LAWS AND COVID-19: THE CALCULATION OF TIME IN THE CORONA VIRUS ERA

– U. S. Odigbo INTRODUCTION Asset Management Corporation of Nigeria (AMCON) was established on the 19th July 2010, when the President of the Federal Republic of Nigeria signed the AMCON Act into Law. AMCON was created to be a key stabilizing and re-vitalizing tool aimed at reviving the financial system by efficiently resolving the non-performing […]

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TIME LIMITATION BY STATUTORY PROVISIONS AND THE COVID-19 CHALLENGE

By OYENIRAN OMOBOLAJI O. Esq. The COVID-19 pandemic brought with it attendant implications on all sectors of the society. The legal profession, as well as the Judicial Justice System is no exception. One of the primary challenges posed by the emergence and subsistence of the pandemic to the justice system is that all legal proceedings […]

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TENANCY RELATIONSHIP AND COVID 19

By Gerald Ajoku Esq. This Article considers the impact of Covid 19 on tenancy agreements OR landlord/tenant relationships. The very different needs and wishes of Landlord [property owner] and the Tenant [property occupier] can give rise to friction at the best of times when the squeeze is on, and the bonds that tie the parties […]

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THE RIGHTS OF THE NIGERIAN CHILD AS PROTECTED UNDER THE LAW OF THE REALM: THE PROVISION OF CHILD’S RIGHTS ACT (ENFORCEMENT PROCEDURE) RULES 2015.

By M. O OLANREWAJU INTRODUCTION In Nigeria, children’s rights are protected by law and are therefore sacred. Not only does the law protect the child, it also stipulates punishments for adults who take advantage of children or seek to negatively influence them[i]. The law seeks to prevent cruelty against children while stating the rights and […]

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ADMISSIBILITY OF COMPUTER-GENERATED EVIDENCE & POSSIBLE RECOMMENDATIONS TOWARDS EFFECTIVE ACHIEVEMENT IN LINE WITH SECTION 84 OF THE EVIDENCE ACT 2011.

By Gerald Ajoku Esq. INTRODUCTION To say that the Evidence Act in Nigeria was in a frozen state before 2011 is an understatement. It is against this background that on the 3rd day of June, 2011 will for a long time to come, remain memorable to lawyer, judges and all those who are interested in […]

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AN APPRAISAL OF CREDITORS VOLUNTARY WINDING UP IN NIGERIA

INTRODUCTION Whatever comes to life also has to die; it is no different in corporate practice either. A company which is an artificial person with the powers and rights of a living person can also die, and winding-up is the process by which a company is liquidated and dissolved, its assets are distributed in accordance with […]

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AN ANALYSIS OF THE LEGAL STATUS OF CRYPTO-CURRENCY IN THE NIGERIAN FINANCIAL SYSTEM

By U. S. Odigbo Introduction Crypto-currency in Nigeria is one of the major off shoots of the Technology wave that has changed the Nigerian business landscape. Advancement in technology has seen the birth of crypto-currency as a major consideration in both the tech and financial worlds. Crypto-currency is a type of digital currency in which a […]

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Artificial Intelligence and Law…

By Abdullah Abdurrahman Esq & Amachundi A. David, Esq Introduction.  Artificial Intelligence is not a myth. The Oxford Dictionary defines Artificial Intelligence as a computer system able to perform tasks normally requiring human intelligence. This is why artificial intelligence has emerged in every area and subject which was considered exclusive to human intelligence. We humans refer […]

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eCommerce Tips for conducting business online.

eCommerce (also known as ‘electronic commerce’) refers to business conducted online. At one time, the term included only web businesses such as Amazon and Travelocity that transferred a real world paradigm – buying books or booking flights — to the Internet. But heading into the second decade of the 21st Century, practically all business is […]

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How to Make Your Business Green

Businesses interested in going green have many resources available to help them out. A famous frog once sang, “It’s not easy being green;” but today’s small businesses have many resources available to them on how to have a green business. You do not need to be large corporation to integrate green business practices. In fact, […]

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The tweet that launched #BringBackOurGirls

For weeks, the plight of more than 200 Nigerian girls kidnapped and trafficked by Islamist terrorists drew little attention internationally. A Nigerian lawyer’s tweet marked the starting point of a now global campaign. Michelle Obama, Holding a #BringBackOurGirls sign Casual news readers could be excused for assuming it was just last week when the now […]

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Estates, Executors & Probate Court

What Does an Executor Do? Settling an estate, in or out of probate court. It’s both an honor and a burden to serve as someone’s executor. An executor is entrusted with responsibility for winding up someone’s earthly affairs — a big or little task, depending on the situation. Essentially, an executor is charged with protecting […]

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Unemployment Benefits: What If You’re Fired?

To collect unemployment benefits, you must be out of work through no fault of your own. Workers who are laid off for economic reasons — due to a plant closing, a reduction-in-force (RIF), or because of lack of work, for example — are eligible for unemployment benefits. But employees who are fired are not always […]

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Workplace Retaliation: What Are Your Rights? Learn about workplace retaliation — and what to do if it happens to you.

Most people know that laws exist to protect employees from discrimination and harassment. However, many don’t know these laws also protect employees from retaliation. That means employers cannot punish employees for making discrimination or harassment complaints or participating in workplace investigations. And punishment doesn’t just mean firing or demotion: It can include other negative employment […]

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Your Rights Against Age Discrimination

A number of state and federal laws prohibit employers from discriminating against employees and applicants based on age. This means that although stereotypes about older people abound in our culture, employers are not allowed to rely on them when making workplace decisions. The Age Discrimination in Employment Act The federal Age Discrimination in Employment Act, […]

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How to Write a Will

Most people know they need one, but aren’t sure how to write a will.  The first decision you’ll need to make is whether to write your will yourself.  Most people can write a simple will without a lawyer, but some situations require professional help. How to Write a Will Yourself If you decide to write […]

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Business Contracts

Contracts: The Basics What goes into a legally binding agreement? Contracts are legally binding agreements, and they pervade almost every aspect of our personal and business lives. If you own or manage a business, you contend with contracts all the time in your dealings with employees, contractors, vendors, commercial landlords, banks, utilities, insurance companies, and, […]

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How to Properly Document Money Your Business Receives

Know how to document loans and equity investments in your business. When raising money for your business from through loans, equity investors, or gifts, it’s important to document what you’ve received. The form of documentation will vary depending on where the money is coming from. Unsecured Loans An unsecured loan is a loan you obtain […]

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Contracts 101: Make a Legally Valid Contract

All you need is a clear agreement and mutual promises to exchange things of value. Lots of contracts are filled with mind-bending legal gibberish, but there’s no reason why this has to be true. For most contracts, legalese is not essential or even helpful. On the contrary, the agreements you’ll want to put into a […]

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How to Avoid Probate

Living trusts are probably the best-known way to avoid subjecting your family to the hassle and expense of probate court proceedings after your death. But there are many other good probate-avoidance techniques, which you can use in addition to or even instead of a living trust. What’s right for you and your family will depend […]

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Avoiding Family Disputes

Inheriting property does not always bring out the best in family members. Many people, of course, handle everything smoothly, following a loved one’s instructions as much as they can and peacefully agreeing on the rest. But a death can raise long-dormant relationships issues and revive old jealousies and resentments. Probably the one element most likely to […]

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