LEGAL ADVICE ONLINE ON FAMILY LAW, PROPERTY LAW AND BUSINESS LAW IN NIGERIA

The Legal Adviser Online provides legal advice to Nigerian Families, Property Owners and Entrepreneurs.

• Legal advice on Family Law on marriage, divorce, child custody, child adoption, child abuse and child maintenance
• Legal advice on Property Law to property owners and prospective property purchasers or buyers
• Legal advice on Business Law to entrepreneurs or prospective entrepreneurs

Chat with Akintunde Esan: The Legal Adviser Online on Whatsapp @ 08073828487 or call 09036279325

NINE PROHIBITED WAYS TO OWN OR POSSESS A LAND

This edition of the Legal Illumination of Akintunde Esan known as (The Legal Adviser Online) is focused on the illegal, violent and fraudulent land possessions and land grabbing and related activities prohibited under the Lagos State Property Protection Law referred to as “the Law”.

The Law was enacted on the 15th day of August, 2016 to address issues like forceful entry, illegal occupation of landed property, violent and fraudulent conducts in relation to landed properties in Lagos State. 

The following are the illegal, violent and fraudulent land grabbing or land  possession conducts prohibited under the Law. 

1. Prohibition of Forceful Land Take Over:

a. It is a criminal offence for any person to use force or self-help to take over any landed property in Lagos State. The offender is liable to ten (10) years imprisonment, if found guilty.

b. It is a criminal offence for any person to engage in any act inconsistent with the proprietary rights of the owner of a property. The offender is liable to ten (10) years imprisonment, if found guilty.

2. Prohibition of Entry by Violence:

a. It is a criminal offence for any person without lawful authority to use or threaten violence for the purpose of securing entry into a landed property. The offender is liable to ten (10) years imprisonment, if found guilty.

b. A person’s right to possession or occupation of a property does not constitute a lawful authority for the use of threat of violence for the purpose of securing entry into the property. The offender is liable to ten (10) years imprisonment, if found guilty.

c. Any person who makes use of or carries any firearms, offensive weapons or obnoxious or chemical materials to gain or make a forceful entry into any landed property in Lagos State  is liable to four (4) years imprisonment, if found guilty.

3. Prohibition of Illegal Occupation of Property:

a. It is a criminal offence to occupy a property without the owner's consent or overstaying after lawful permission expires. The offender or encroacher who refuses to vacate after being asked by the owner is liable to a fine up to five million naira (₦ 5 million naira) or imprisonment for up to five (5) years, if found guilty.

b. Note that any person who derives title from an encroacher or a license or right given by an encroacher is also deemed under the Law as an encroacher. 

c. It is an additional criminal offence for an encroacher to be in possession of a firearm or a weapon. The offender or offender is liable to ten (10) years imprisonment, if found guilty.

4. Prohibition of Illegal Use of Law Enforcement Agents:

a. Prohibits law enforcement agents, vigilante group, militia from executing judgement of a Court in respect of any landed property except as provided for under the Sheriff and Civil Processes Act or any other Law.

b. It is a criminal offence for any Legal Professional or any professional to facilitate the execution of a landed property judgment without following due process as provided under the Sheriff and Civil Processes Act or any other Law.

5. Prohibition of the Sale of Landed Property without Title or Authority:

a. It is a criminal offence for a person to offer for sale or sale any property which a person has no lawful title to the property or the lawful authority of the owner to sale or offer the property for sale. The offender or vendor is liable to five (5) years imprisonment or a fine of five hundred thousand naira (N 500,000) if found guilty.

 

b. It is a criminal offence for a person to sell to another person a landed property that has been previously sold by the person or agent of the person. The offender or vendor is liable to a fine not exceeding 100% of the value of the property or to five (5) years imprisonment or both, if found guilty and the property shall revert to the lawful owner.

6. Prohibition of  the Sale of Family Land or Property without Authority:

a. It is a criminal offence for any person to sell or cause to be sold a family land, property or any part of it without the consent or authority of the family head and other accredited members of the family. The offender or vendor is liable to twenty-one (21) years imprisonment. if found guilty.

7. Prohibition of Illegal and Fraudulent Landed Properties Contractual Agreement:

a. It is a criminal offence for any Legal Professional to facilitate the execution of a Deed of Assignment or Deed of Transfer or Lease or any landed property contractual agreement in contravention of the Law. 

b. Where a Legal Practitioner is found guilty under the Law, the offender shall be reported to the relevant professional body for professional misconduct and necessary action.

8. Prohibition of Frivolous and Unwarranted Petition:

a. The Law prohibits the writing of frivolous and unwarranted petitions to any Law Enforcements Agency

b. Presenting false documents to claim ownership is prohibited, with penalties including imprisonment.

9. Prohibition of  Demand for Fee or Levy in respect of Construction Activities:

a. It is a criminal offence to demand for fee or levy in respect of construction activities on any property, disrupt or obstruct construction work. The offender is liable to two (2) years imprisonment or a fine of N 1,000,000 (one million naira) years, if found guilty.

b. However, the Law permit land owning families under the authorisation of the family head to demand for customary fee for possession (in the name of foundation levy) from buyers, or ratification fee pursuant to judgment of a Court of competent jurisdiction.

Task Force and Enforcement Unit

a. The Law did not just criminalise the use of thugs to intimidate occupants or seize property, it went further to establish a Task force Unit responsible for the enforcement of the Law with the aim of protecting property owners and investors from harassment, exploitation, and intimidation by land grabbers.

b. This Task Force Unit receives and handles Complaints and Petitions involving land grabbing from affected landed property owners. 

c. The Task Force Unit has the power to effect the arrest of any offender under the Law as well as any other law enforcement agency in Lagos State.

Mandatory Court Order for Eviction:

a. Given that, it is both a civil and a criminal offence to use self-help or force to take over the possession of a landed property from any person in possession, the eviction of anyone or a trespasser or a squatter or an illegal occupant in possession of a landed property must follow the due process of the law, which is applying for an eviction order from a Court of competent jurisdiction.

b. You may contact “The Legal Adviser Online” (Akintunde Esan) for further legal illumination or legal advice on how to legally evict an illegal occupant or occupants of your landed property in Lagos State and in Nigeria as well as on how to write a Complaint or a Petition against a land grabber or an illegal occupant under the Law.

Email: akintundeesan@gmail.com

WhatsApp: + 234 - 08073828487

Phone Contact: + 234 - 09036279325 

GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA

You can also click the links below to view:

• CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA  

• NIGERIAN FAMILY LAW EXPLAINED: MARRIAGE, DIVORCE, PROPERTY SETTLEMENT, CHILD CUSTODY, AND MAINTENANCE

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA

• LEGAL TIPS FOR LAND PURCHASERS IN NIGERIA 

• THE STATUS OF THE PROPERTY JOINTLY OWNED BY A DECEASED SPOUSE AND THE SURVIVING SPOUSE IN NIGERIA

• TENANCY LAW: 12 THINGS EVERY LANDLORD AND TENANT IN LAGOS STATE SHOULD KNOW

• WHY IS GOVERNOR’S CONSENT NECESSARY FOR ALIENATION OF LAND IN NIGERIA

• WHO IS ENTITLED TO APPLY FOR LETTER OF ADMINISTRATION OF ESTATE IN NIGERIA 

• LAND LAW: LAND LITIGATION IN NIGERIA 

• HOW TO RECOVER MONEY OR ASSET LOST TO FRAUD IN NIGERIA 

• THE RELEVANCE OF A SURVEY PLAN IN LAND LITIGATION IN NIGERIA 

• THE REQUIRED LEGAL DOCUMENTS FOR LAND IN NIGERIA 

• 21 THINGS TO KNOW ABOUT A POWER OF ATTORNEY IN NIGERIA

• ILLUMINATIONS ON CERTIFICATE OF OCCUPANCY AND THE RIGHT OF OCCUPANCY IN NIGERIA  

• RE-SEALING OF THE PROBATE GRANTED OUTSIDE NIGERIA IN NIGERIA 

• CLAIMING DEATH BENEFITS OF A DECEASED EMPLOYEE IN NIGERIA 

GROUNDS FOR GRANTING DIVORCE 

IN COURT IN NIGERIA 

              A.  Introduction 

Divorce is the legal dissolution of a marriage and there are different perspectives to the grounds for dissolving a marriage such as the religious, cultural, jurisprudential, sociological, statutory, trendy, mystical and pragmatic perspectives. Take for instance in the Christian faith, adultery is the only recognised ground for divorce.

This edition of Akintunde Esan's legal illumination is focusing on the legal grounds for getting a divorce in Nigeria as provided in the Matrimonial Causes Act, which is the Law regulating the grounds for the filing and processing of a divorce in Nigeria. 

B. Grounds for Divorce of a Customary Marriage

In Nigeria, couples have the choice of having a customary marriage or a statutory marriage. A customary marriage is a marriage contracted under the native law and custom of an ethnic community in Nigeria. A statutory marriage is a marriage contracted under the Marriage Act.  

There are no codified grounds for divorce under native laws in Nigeria, thus, a customary or traditional marriage can be divorced or dissolved on arbitrary grounds. 

The only authority in Nigeria that has the jurisdiction (power) to grant a divorce of a statutory marriage is the High Court, while the Customary Court has the jurisdiction to grant the divorce of a traditional  or customary marriage.

C. The Eight (8) Grounds for the Dissolution of a Statutory Marriage in Nigeria

By virtue of Section 15(1) of Matrimonial Causes Act, the High Court has the jurisdiction to make an order dissolving a statutory marriage only on the general ground that, the marriage has broken down irretrievably.

However, the High Court in coming to the conclusion whether a marriage has broken irretrievably is required to take into consideration the occurrence of one or more of the specific eight (8) grounds set out in sub-section (a) to (h) of Section 15 (2) of the Act. If the spouse seeking the divorce can prove the occurrence of one or more of these grounds, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law.  
 
In divorce case between LT. Col. Shehu Ibrahim (Rtd) v. Mercy Ibrahim (2006) LPELR-7670(CA) Ariwoola, J.C.A at P. 24, paras. C-G, illuminated on the issue of ground and grounds for divorce as follows: 

"The learned counsel contended that there is only one ground for the dissolution of marriage in our law. This with respect may not be totally correct, to say the least, as there are several grounds which the Matrimonial Causes Act refer to as "facts". (See; Sections 15(2) and 16(1), Matrimonial Causes Act.  

However, in Nigeria, a Court cannot dissolve a marriage or declare a marriage to have broken down unless one of the facts listed in Section 15(2) is established by the petitioner, even though it appears the marriage has broken down irretrievably." 

An occurrence of any of the following eight grounds or situations or facts in the eyes of the Matrimonial Causes Act is a conclusive proof that, a marriage has broken down irretrievably or generally and therefore ripe for divorce or dissolution:

Ground 1: Denial of Sexual Intercourse 

This is where a spouse has willfully and persistently refused to have sexual intercourse with an aggrieved spouse. Section 15(2)(a). 

Ground 2: Adultery and Intolerable Behaviours

This where a spouse has committed adultery and the offended spouse find it intolerable to live with the offending spouse. Section 15(2)(b). 

Ground 3: Unreasonable Behaviours

This where a spouse behaves in such a way that the aggrieved spouse cannot reasonably be expected to live with such a  spouse. Section 15(2)(c).

Section 16(1) set out the behaviors that can be said to be the ones that, a person cannot be reasonably expected to live with to include: 

a) Commission of sexual offences such as: committed rape, sodomy, or bestiality. 

b) Habitual drunkenness or drug addiction: for a period of not less than two years. 

c) Frequent convictions and imprisonment for crime. 

d) Habitually leaving a spouse without reasonable means of Support. 

e) Attempt to murder and assault spouse. 

f) Habitual and willful failure to provide court ordered or agreed support for two years. 

g) Insanity and unsoundness of mind 

Ground 4: Abandoning of Spouse

Where a spouse has abandoned or deserted the other spouse for a continuous period of at least one year . 

a) The types of desertion: 

i. Simple Desertion: the guilty spouse abandons the matrimonial home. 

ii. Constructive Desertion: The spouse who is in desertion is the spouse who by his or her conduct expels the other spouse and remains at home. 

b) The elements of desertion: 

i. Physical separation or defacto separation: This implies bringing co-habitation to an end by severing marital obligations; or 

ii. Intention to remain permanently separate or animus deserendi 

iii. Absence of the spouse’s consent. 

iv. Absence of any justification: There will be no desertion if the spouse who has withdrawn from cohabitation has a good reason for doing so. 

Ground 5: Living Apart for Two (2) Years

Where the parties to a marriage have lived apart for a continuous period of at least two years and one of the parties does not object to the marriage being dissolved. 

Ground 6: Living Apart for Three (3) Years

However, where the parties to a marriage have lived apart for a continuous period of at least three years, the consent of the other party is not required before such a marriage can be dissolved. Section 15(2)(e) and (f). 

References to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household. 

Ground 7: Disobedience to Order of Restitution of Conjugal Rights 

Where a spouse for a period of not less than one year, failed to comply with a court order of restitution of conjugal rights. 

Ground 8: Spouse is missing for Seven (7) Years

Where a spouse is missing for such a long time or seven year in such circumstances as to provide reasonable ground for presume he or she is dead or has no reason to believe that the spouse is alive. 

If the spouse seeking for divorce can prove the occurrence of one or more of these eight grounds mentioned above, the High Court will have no choice than to grant the prayer for divorce or dissolution of his or her statutory marriage, as this implies that, the marriage has broken down irretrievably in law. 

D.  Conclusion

No reasonable man or woman will or would want to divorce his or her spouse, but human nature makes frictions inevitable and some frictions may degenerate or metamorphose into irreconcilable differences that make divorce not just inevitable but reasonable.

There are times when divorce is not a reasonable option considering your children, what you have mutually invested in the marriage and the signs that reconciliation is possible. However, when your marriage becomes injurious or poisonous to your children/child, health, life and destiny and it appears divorce is the only reasonable option.

There has been an increase in the reported cases of spouses killing each other in the news these days in Nigeria. These are times when divorce is becoming a reasonable option, considering the fact that “a living dog is better than a dead lion”.

Lawyers are undertakers of dead marriages, not ruling out the fact that, some dead marriages do resurrect like the dead body of Lazarus or the prophetic dry bones putting on flesh and rising again. However, marital resurrection is a miracle that happens by choice and not by chance.

If you are in a dilemma on divorce think about the finding of a study at the University of Harvard, which observed that, all the members of family suffering from a high level of conflict, for example where there is persistent abuse or alcoholism, benefit from divorce. However, those marriages with low level of conflict gain more by staying together, and the harm to the children is less than that caused by divorce.

CALL or CHAT with me if you need someone to confide in on your dilemma.

You can also CALL or CHAT with me for further legal illumination on resolving or seeking for a divorce.

Written by Akintunde Esan, Managing Partner/Principal Consultant @ Ase Olodumare Chambers Law Firm, Lagos Nigeria.

GROUNDS FOR GRANTING DIVORCE IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)

Also click to view:

CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA

NOTICE ! NOTICE !! NOTICE !!!

You also advised to try Ase Olodumare Chambers Divorce Mediation if:

• you are seeking for an amicable and peaceful separation or divorce.

• you are contemplating filing for divorce or separation in Court.

• you are having issues on child custody. 

• you are not formally married but are seeking for amicable and peaceful severance of their marital relationships.

• For more information on Ase Olodumare Chambers Divorce Mediation Initiative click on: BREAKING NEWS ! DIVORCE MEDIATION IN NIGERIA  

Breaking News ! DIVORCE MEDIATION IN NIGERIA

DIVORCE MEDIATION

The Initiative Conflict is an inevitable part of human relationships, in most cases the very differences that make us unique individual are also the very sources of potential conflicts. A conflict not resolved on time has the potential to degenerate into violence, death, loss, injustice, insecurity, separation or divorce. This makes me to be very delighted to present to you Ase Olodumare Chambers (AOC) Divorce Mediation Initiative. This is an Initiative to forestall a divorce, where it is obviously evitable and to facilitate a peaceful and amicable divorce or separation where divorce is evidently inevitable.

AOC Focus The focus of Ase Olodumare Chambers (AOC) Divorce Mediation Initiative is to: 1.     Facilitate: An amicable resolution of divorce cases pending in the Court. An amicable and peaceful divorce or separation of couples with irreconcilable differences. An amicable and peaceful severance of marital relationship of couples not formally married but contemplating the severance of their marital relationships An amicable resolution of child custody disputes. 2.    Encourage Consultation by: Spouses contemplating filing a divorce in the Court. Spouses not formally married but contemplating the severance of their    marital relationships. Spouses who have pending divorce proceedings in the Court. Couples who have child custody disputes

For Whom Spouses who are seeking for an amicable and peaceful separation or divorce. Spouses who are contemplating filing for divorce or separation in Court. Spouses having issues on child custody. Spouses who are not formally married but are seeking for amicable and peaceful severance of their marital relationships.

Our Mediators AOC Mediators are professional Mediators who are seasoned Legal Practitioners with proper grasp of Nigerian Family Law.

Akintunde Esan Managing Partner/Principal Consultant ASE OLODUMARE CHAMBERS Legal Practitioners/Consultants & Chartered Mediators No.5, Musa Akor Close, By Akin Osiyemi Street, Off Allen Avenue, Ikeja, Lagos. Tel:        +234 (0)7039856215 Mobile:  +234 (0)8073828487 E-mail:    info@aseolodumarechambers.com Website: www.aseolodumarechambers.com     Blog: Akintunde Esan’s Legal Illumination   Click to also view: GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA