After a lot of agitations for the protection of persons facing different forms of violence, especially at home or in love relationships, the Violence against Persons (Prohibition) Act, otherwise known as VAPP Act was passed into law in 2015.
This Act came as the much needed improvement on the Criminal Code and Penal Code with regards to varying forms and degrees of violence, as news of partners battering, maiming or killing one another had become a pandemic.
Ordinarily, Mediation is a process whereby a neutral, impartial third party facilitates two or more parties in dispute to communicate with each other in order for them to reach an agreement voluntarily. Family mediation therefore would entail the facilitation of family members (couples) who are in disagreement or dispute with each other to communicate among themselves to achieve a qualitative transformation in their interaction by reaching their own agreed and informed decisions concerning some or all of the issues relating to separation, divorce, children, finance or property by negotiation. Family mediation may involve couples who are about to get a divorce or whose relationships have broken down near irretrievably or divorced parents.Continue reading “EFFECTIVENESS OF OUT OF COURT MEDIATION IN FAMILY/MARRIAGE DISPUTES”
Cohabitation is the fact or state of living together especially as partners in life, usually with the suggestion of sexual relations, according to Black’s Law Dictionary, Ninth Edition. It is the act of living together on grounds of emotional and physical intimate relationship and having a sexual relationship without being married.
Where two persons of opposite gender, for whatever reason (usually pregnancy) start living together and having sexual relations without conducting any form of marriage, be it customary or statutory, they cannot be regarded as married in the eyes of the law irrespective of how long they have been together. The best way to describe their relationship is mere cohabitation.Continue reading “COHABITATION, WHAT TO DO WHEN PARTNERS SEPARATE AND CUSTODY OF CHILDREN IS IN ISSUE”
Customary marriage is marriage conducted in accordance with the laws and customs of a particular tribe, ethnic group or society as the case may be. This article envisages what is generally referred to as engagement, introduction and Nikah in Islam.
Marriage and getting married is one of those things in life that an average person believes he understands. It is unfortunate that many people do not very well understand the implication of what they do when they choose a particular type of marriage in Nigeria. As a matter of fact, many people do not even know that there are types of marriage, they just do what is convenient at the time they think it’s time to “take their relationship to the next level”.Continue reading “TYPES OF MARRIAGE IN NIGERIA AND THEIR EFFECTS”
Under the Nigerian law, a marriage can end only in two ways: by the death of a partner or by an order of court dissolving the marriage.
In order to dissolve a marriage conducted in a licensed place of worship (church) or marriage registry in Nigeria, this procedure is a must-follow. This process may be stressful, especially in this part of the world, hence it is better to learn more about what the divorce process entails before attempting to go through it.
Before reading this article, please delete from your memory scenes from Nollywood movies where a person brings a “divorce letter” home to their spouse and tells them to sign it. That is not the procedure in Nigeria, and any such letter amounts to absolutely NOTHING.
In our previous article, we discussed how the new Companies and Allied Matters Act (CAMA) affects entrepreneurs/business owners and established the fact that what you don’t know can actually kill you (or your business), as ignorance of the law is no excuse.
Now, we will share vital provisions of the amended CAMA that affect incorporated trustees. They are as follows:
Suspension/Removal of Trustee(s) and Appointment of Interim Manager(s). By virtue of Section 839, the Corporate Affairs Commission (CAC) may upon the approval of the Minister, cause the suspension of the trustees of an association and appoint an interim manager or managers to manage the affairs of an association where it reasonably believes that:
There is or there has been any misconduct or mismanagement in the administration of the association
It is necessary or desirable for the purpose of:
Protecting the property of the association
Securing a proper application for the property of the association towards achieving the objects of the association, the purposes of the association of that property or of the property coming to the association.
Public interest; or
The affairs of the association are being run fraudulently
The trustees shall be suspended by an order of Court upon petition by the Commission or members consisting the one-fifth of the association after reasonable evidence has been given.
Please note that suspension shall not be for more than a period of 12 months from the date of the order or suspension.
Subject to the constitution of the association, any instrument upon which the common seal (if any) of an association is affixed shall be binding on such association notwithstanding any defect or circumstance affecting the execution of such interest – Section 840.
Subject to constitution, an association may now contract in the same form or manner as an individual – Section 841.
By the provision of Section 842 and 843, upon receipt of a notice by the Commission from a bank which holds more than one account of an association which are dormant, the Commission has the power to dissolve such association and to direct the bank to transfer whatever amount is in the account to another association. Where the account ceases to be dormant before the transfer, or where certain requirements have been satisfied, the Commission shall revoke any direction made to the bank with respect to any account.
Submission of bi-annual Statement of Affairs: Section 845 requires that associations submit to the Commission a bi-annual statement of affairs. Failure to comply makes each trustee liable to a penalty “for everyday during which the default continues in such amount as the Commission shall specify in its regulations”.
Trustees of associations must keep accounting records. The records must disclose with reasonable accuracy the financial position of the association. The Commission will make regulations as to how the account records should be prepared, as well as determine the financial year of the association – Section 846.
Submission of Annual Returns: Section 848 requires that associations submit annual returns, not earlier than 30th June and not later than 31st December of each year. Default makes the association liable to any penalty prescribed by the Commission.
Merger- Section 849 provides for merger between two or more associations with similar aims and objects under such term and regulations as may be prescribed by the Commission.
More than ever, it has become of utmost importance for associations, religious bodies and NGOs to be compliant with filing their annual returns and keep their records up to date with CAC. Consequences are now far more stringent than before, so it is time to buckle up.
We shall very soon be announcing a free online class on how CAMA benefits you as a business owner or founder of an incorporated trustee and how not to violate the laws and rules of procedure laid down by the Act.
President Muhammadu Buhari signed into law the Companies and Allied Matters Act (CAMA) on August 7, 2020. The new CAMA has repealed and replaced the extant CAMA of 1990 and will make Nigeria’s business environment as competitive as its counterparts around the world. This amendment is the first in 30 years and contains some vital amendments that startups and entrepreneurs must be aware and take advantage of.
In our previous article, we shared the possibility of launching a business even in this pandemic, and how that you can hit it real big despite the bleak times the entire world is in.
In this article, we’ll be addressing the legal factors you must put into consideration before launching your business. Laws they say, is what makes us different from animals and ignorance of the law has never been, is not and will never be an excuse to violate the laws that guide business operations in Nigeria.Continue reading “SOME LEGAL FACTORS TO CONSIDER BEFORE STARTING THAT BUSINESS”
Businesses shut down, employees laid off or suspended, remote working, etc. – these and many more are the effects of the Covid-19 Pandemic. There is no doubt that a lot of pockets have been dented and dreams put on hold as a result of this same pandemic, even children are tired of staying at home!
While the idea of starting a business sounds crazy, new businesses are actually springing up, though at a significantly slower rate than before. This begs the question: Is this a really good time to launch new businesses? For aspiring entrepreneurs, the thought of launching a business seems daunting at best and foolish at worst.Continue reading “IS THIS REALLY A GOOD TIME TO START A BUSINESS?”
ALUKO ADEYEMI AND ASSOCIATES 