Table of Contents

1. ‘Allegedly’ as a Defence to Defamatory Statements: Does It Really Protect You?

2. When Can a Judgment Be Set Aside in Nigeria? 
3. Can a Lawyer Represent Both Sides in a Court Case? Understanding Conflict of Interest in Nigerian Law
4. Can You Represent Yourself in a Nigerian Court? Here’s What You Should Know
5. The Propriety or Otherwise of Granting Solicitor’s Fees by Nigerian Courts
6. Adoption of Terms of Settlement in Dissolution of Marriage Cases: What You Should Know
7. How to Hire a Lawyer in Nigeria: A Practical Guide 
8. Understanding Bigamy Under Nigerian Law
9. Charge and Bail Lawyers in Nigeria: Beyond the Stereotype
10. When Silence Isn’t Golden: The Impact of Poor Communication by Lawyers
11. Understanding Virtual Hearings in Nigeria: A Modern Approach to Justice
12. What to Do When Served with Court Papers in Nigeria
13. What to Do If Your Landlord Issues a Quit Notice
14. How to Execute a Judgment in Nigeria: A Step-by-Step Guide
15. How to Authenticate Court Documents and Legal Agreements in Nigeria
16. How to Choose the Best Business Structure for Your Company
17. Marriage, Paternity, and Inheritance Under Nigerian Law
18. Must Lawyers Affix Stamps on Affidavits They Depose To? 
19. Breaking Down Service of Notices of Appeal
20. Can a Notice of Appeal Be Amended at Any Time?
21. Frozen Accounts and Fundamental Rights
22. When to Draw the Line: Courts and Preliminary Objections in Nigerian Law
23. Proving Desertion in Matrimonial Cases
24. Embedding Counterclaims in CounterAffidavits
25. Understanding Counter-Claims in Nigerian Law
26. Recent Court Decisions: Insights on Matrimonial Proceedings in Nigeria
27. Navigating the Line Between Free Speech and Defamation in a Public Dispute
28. Understanding the Declaration of Title to Land in Nigeria 
29. Navigating the Nigerian Legal System: A Guide for Foreign Investors
30. Skills Necessary to Excel as a Nigerian Lawyer
31. Excelling in Your Profession: Insights from the Nigerian Legal Field
32. Understanding Courtroom Decorum: A Guide for Legal Professionals and Litigants in Nigeria
33. What to Expect When Invited for an Interview by a Security Agency in Nigeria During an Investigation
34. Understanding Your Rights as a Telecommunication Subscriber in Nigeria
35. What Is Unlawful Termination of Employment in Nigeria?
36. A Guide to Transferring Land Title in Nigeria
37. A Simple Guide to Writing a Will in Nigeria
38. Understanding Nigerian Employment Laws: What Employees and Employers Need to Know 
39. Applying for Bail in Nigeria: Administrative vs. Court Bail
40. How to Register a Trademark, Patent, Copyright, Obtain NAFDAC Approval, Obtain a SCUML Certificate, Acquire a Tax Identification Number and Tax Clearance Certificate in Nigeria
41. How to  Recover Your Property in Nigeria: A Simple Guide
42. What You Need to Know About Wrongful Transfer Reversal in Nigeria
43. Understanding Advanced Fee Fraud: What You Need to Know
44. How to Conduct a Proper Land Search in Nigeria: A Simple Guide
45. Understanding the Administration of Criminal Justice Act, 2015
46. A Comprehensive Guide to Operating an NGO in Nigeria
47. A Step-by-Step Guide to Company Registration in Nigeria
48. Key Elements of a Valid Contract: What you Need to Know
49. Understanding Legal Adoption and Legal Guardianship in Nigeria: Focus on Abuja
50. How to Determine a Genuine Lawyer in Nigeria
51. Understanding the Role of Lawyers in Nigeria
52. What to Expect from Your Lawyer in a Litigation Case in Nigeria
53. How to Resolve Landlord-Tenant Disputes in Nigeria

In today’s digital age, many people believe that simply adding the word “allegedly” to a statement can protect them from being sued for defamation. You’ll see headlines like “Mr. X allegedly embezzled public funds” or “She allegedly had an affair with her boss,” with the assumption that “allegedly” works as a legal shield. But is that belief accurate?

This post examines the limits of using “allegedly” as a defence in defamation cases, especially under Nigerian law.

What Is Defamation?

Defamation is the publication of a false statement that damages someone’s reputation. It can take two forms:

• Libel – defamation in written or permanent form (e.g., newspapers, online posts);

• Slander – spoken defamation.

To succeed in a defamation case, the claimant must prove:

• That the statement was defamatory;

• That it referred to the claimant;

• That it was published to a third party;

• That it caused or was likely to cause reputational harm.

Is Saying “Allegedly” Enough?

Not quite. While “allegedly” may signal that something is unconfirmed, it does not automatically prevent a defamatory statement from being actionable. Courts are concerned with the overall impression created by the words, not just the presence of a qualifying term.

For example, “He allegedly stole millions from the company” could still imply guilt depending on the context and tone. If the statement is framed as if the allegation is true, merely inserting “allegedly” won’t help.

What Do Nigerian Courts Say?

Nigerian appellate courts have clarified that what matters is not just the language used but how it is perceived by the average reader. The trial court is tasked with evaluating the meaning and weight of the words based on the evidence before it.

In Isa v. Audu (2024) LPELR-62433(CA), the Court of Appeal held:

“The primary duty of the Judge at nisi prius are the perception of evidence, evaluation of evidence and ascription of probative value thereto by making the requisite findings of facts which entails both perception and evaluation.”

— Per UGOCHUKWU ANTHONY OGAKWU, JCA (Pp 11–12, Paras F–B)

This principle applies equally in civil matters like defamation—where the court must determine whether the words used, despite any disclaimers, suggest a defamatory meaning to a reasonable person.

When Might “Allegedly” Be Helpful?

Using “allegedly” may provide limited protection only in specific situations, such as when:

• You are accurately reporting ongoing court proceedings or investigations;

• You do not adopt or affirm the truth of the allegation;

• The publication is fair, balanced, and made without malice;

• You attribute the claim to a reliable source.

This may fall under the defence of fair comment or qualified privilege, but these defences have strict requirements and don’t depend on the use of “allegedly” alone.

Best Practices for Public Statements

To reduce the risk of liability when making public statements:

• Verify your facts;

• Attribute allegations to credible sources;

• Make it clear that the issue is unproven;

• Include responses or denials from the subject of the allegation;

• Avoid sensational or suggestive language.

Final Thoughts

Saying “allegedly” is not a magic word that immunizes you from a defamation claim. Nigerian courts will assess whether the overall statement conveyed a defamatory meaning, regardless of any disclaimers. If your words are likely to harm someone’s reputation, even an “allegedly” might not be enough.

Always speak responsibly, especially when publishing online—and when in doubt, consult a lawyer.

Disclaimer:

This post is for informational purposes only and does not constitute legal advice. For guidance on specific cases, please consult a qualified legal practitioner.

Have you ever lost a court case and felt the judgment was completely unfair or based on wrong information? Or maybe you didn’t even know the case was happening and suddenly found out the court had already ruled against you. If this sounds familiar, don’t worry—you may still have a chance. In Nigeria, the law allows some judgments to be set aside under certain conditions.

But what does it mean to set aside a judgment, and when can this actually happen? Let’s break it down.

What Does “Setting Aside a Judgment” Mean?

In simple terms, setting aside a judgment means cancelling or reversing a court decision that has already been made. This is not the same as an appeal. Instead, it’s a way to go back to the same court that gave the judgment and ask it to cancel what it has done—usually because something went seriously wrong.

Common Situations Where a Judgment Can Be Set Aside

• You Were Not Properly Informed About the Case (No Proper Service): If the court didn’t properly serve you with court papers, and you didn’t know about the case, the judgment can be set aside. The law requires that everyone involved must be given proper notice and a chance to defend themselves.

• The Judgment Was Obtained by Fraud: If someone lied or used fake documents to win a case, and the court finds out, the judgment can be set aside. Courts do not support judgments based on dishonesty.

• There Was a Mistake or Irregularity: Sometimes, the court or one of the parties may make a serious mistake—like filing wrong documents or using the wrong procedure. If that mistake affected the outcome of the case, the court may agree to set aside the judgment.

• It Was a Default Judgment and You Have a Good Reason: A default judgment is when the court gives a decision because one side didn’t respond to the case or didn’t show up in court. If this happened to you—maybe because you were ill, unaware of the case, or had another genuine reason—you can apply to have the judgment set aside, especially if you act quickly and have a strong defence.

• The Judgment Was Given in Error: In rare cases, the court might have misunderstood the facts or the law. If the error is obvious and serious, the judgment may be set aside—even without needing to appeal.

How Do You Apply to Set Aside a Judgment?

It usually starts by filing a motion on notice before the same court that gave the judgment. You will need to:

• Explain why you want the judgment set aside.

• Attach any necessary documents or evidence.

• File the application as soon as possible. Delays can work against you.

It is always advisable to work with a lawyer to avoid technical errors.

Final Thoughts

Getting a judgment set aside in Nigeria is not automatic—but it is possible. If the judgment was unfair, obtained by fraud, or made without giving you a fair chance, the law gives you room to correct it. But time is crucial, so act fast.

Disclaimer:

This article is for general information only and does not replace legal advice. Always consult a qualified lawyer for your specific case.

In every legal matter, one of the most important things you need is confidence—confidence that your lawyer is loyal to your cause, and that the process will be fair. This is why Nigeria’s Rules of Professional Conduct for Legal Practitioners, 2007 (RPC) were established—to protect the integrity of the legal process and prevent ethical issues that could hurt a client or the justice system.

One area where these rules are especially important is in conflict of interest—a situation where a lawyer’s personal interest or past involvement could unfairly affect their ability to act in a case.

Let’s break this down.

What Is a Conflict of Interest?

A conflict of interest arises when a lawyer cannot be impartial because:

• They have a personal stake in the matter.

• They previously represented one of the parties.

• They have access to confidential information that could be used against a former client.

• They are likely to become a witness in the case.

In such situations, continuing to act as a lawyer could damage trust in the justice system, and more importantly, harm the other party.

The Key Rules That Apply

The RPC contains specific rules that guide how lawyers should behave in these situations:

1. Rule 17 – Conflict of Interest

Rule 17(2): A lawyer must not take up a case if their judgment could be affected by personal, financial, or prior involvement in the matter.

Rule 17(4): A lawyer cannot accept a new case if it will involve representing different sides in the same or related dispute.

Rule 17(6): If a lawyer is disqualified from handling a case, no other lawyer in their law firm can continue with it either. This prevents law firms from avoiding ethical obligations by just changing the lawyer assigned.

2. Rule 20 – Lawyer as a Witness

Rule 20(1): A lawyer must not handle a case if they know—or ought to know—that they or someone in their firm may be called as a witness in the same case.

Rule 20(6): If a lawyer discovers during the case that they must give evidence, they must withdraw immediately and not argue or promote their own testimony.

Why These Rules Exist

These ethical rules protect:

• Clients’ trust that their former lawyers won’t use their private information against them.

• The fairness of the legal system, by ensuring lawyers don’t serve as both advocate and witness.

• The reputation of the legal profession, which must be built on honesty and impartiality.

If these rules are ignored, it can lead to unfair outcomes, tainted proceedings, and even mistrials.

Real-Life Examples

These issues often come up when:

• A lawyer who helped draft or review a transaction (e.g., a power of attorney or sale agreement) later appears in court to defend or challenge that same transaction.

• A lawyer who filed a case for a client switches sides and begins to represent the opposing party in a later or related case.

Such actions can severely damage the fairness of a trial—and courts in Nigeria have shown they will act to prevent this by disqualifying the lawyer or striking out their applications.

What Can You Do if This Happens to You?

If you find yourself in a case where the opposing lawyer:

• Previously represented you,

• Is now using confidential information from you,

• Played a role in the disputed transaction, or Is likely to be a witness in the case,

You don’t have to keep quiet. You have options:

1. Apply to Disqualify the Lawyer

You can file a motion in court asking for the lawyer to be disqualified from continuing in the case, especially where there is evidence of conflict.

2. Report to the Legal Practitioners Disciplinary Committee

If the lawyer’s conduct amounts to a serious ethical breach, you can report them to the Body of Benchers through the Nigerian Bar Association.

3. Request the Lawyer’s Voluntary Withdrawal

In some cases, a simple written request to the lawyer or their firm, pointing out the conflict, may lead them to step aside voluntarily to avoid further issues.

4. Seek Fresh Legal Representation

If your current lawyer has a conflict, or if you feel the situation is too complicated, getting a second opinion from another lawyer can help you protect your interest.

Final Words: Ethics Matter

Legal practice is not just about winning cases. It’s about fairness, trust, and integrity. The Rules of Professional Conduct are there to ensure that lawyers act in the best interest of justice—and that no party is unfairly disadvantaged because a lawyer switched sides or failed to step aside when they should have.

Whether you are a litigant, a client, or a lawyer, understanding these rules is crucial. If you suspect a breach of legal ethics, take it seriously—because your case, your rights, and the justice system depend on it.

Disclaimer:

This article is for general educational purposes only and does not constitute legal advice. Every legal case is different. If you suspect a conflict of interest or need help with a similar issue, please consult a qualified legal practitioner for guidance specific to your situation.

Courtrooms can seem intimidating. The black robes, formal procedures, and legal jargon may make you wonder: Do I really need a lawyer? Can I just represent myself?

In Nigeria, the law permits individuals to represent themselves in court. This is known as self-representation or appearing “in person.” But while it is legally allowed, it comes with a number of considerations — both advantages and serious risks.

Let’s break it down.

Is Self-Representation Legal in Nigeria?

Yes, it is. Every Nigerian has the right to represent themselves in a court of law. This applies across all levels of court — from the Magistrates’ Court to the Supreme Court.

However, just because you can doesn’t always mean you should. Legal proceedings involve complex procedures, timelines, rules of evidence, and the ability to navigate arguments. Courts will not give you special treatment just because you’re not a lawyer.

Why People Choose to Represent Themselves

There are a few common reasons why individuals opt for self-representation:

Cost Concerns

Legal fees can be expensive, and not everyone can afford to hire a lawyer.

Simple or Small Claims

Some people feel confident enough to handle minor matters, such as small debts or landlord-tenant issues.

Personal Belief or Principle

A person may feel strongly about their case and believe they can present it better than anyone else.

Lack of Access to Legal Aid

In many parts of Nigeria, access to free or subsidized legal services is limited.

The Risks of Representing Yourself

Self-representation might save you money upfront, but it can cost you more in the long run — especially if you make errors that affect the outcome of your case. Here are some major risks:

Lack of Legal Knowledge

Nigerian laws are complex. Without training, you might not understand relevant statutes, precedents, or how to apply them to your case.

Procedural Mistakes

Courts have strict rules. You could miss deadlines, file the wrong documents, or present your evidence improperly — all of which could lead to your case being dismissed.

Emotional Involvement

Being personally invested can lead to poor decision-making or emotional outbursts in court, which may affect how you are perceived by the judge.

Difficulty Cross-Examining Witnesses

Questioning a witness — especially an expert or a hostile party — requires skill. Without training, it’s easy to lose control of the narrative.

Facing Skilled Lawyers

If the other party has legal representation, you may be at a significant disadvantage. Their lawyer knows the law and courtroom tactics; you may not.

Appeals and Reviews

If you lose your case and wish to appeal, any mistakes you made at the trial level may hurt your chances at a higher court.

Are There Any Benefits?

There are limited advantages, depending on the type of case and your level of preparedness:

You Save Money: No legal fees if you handle it entirely yourself.

You Have Full Control: You decide how to present your case and what to say.

You Learn About the System: Representing yourself may give you insight into how the legal system works.

But these benefits are often outweighed by the challenges — especially in serious, high-stakes, or complex matters.

Final Thoughts

Yes, you can represent yourself in a Nigerian court, but you must weigh the risks carefully. Legal proceedings are not just about telling your side of the story — they involve navigating a structured system that requires legal knowledge and strategic thinking. In many cases, hiring a lawyer is not just helpful — it may be essential to your success.

Disclaimer:

This blog post is intended for general information purposes only and does not constitute legal advice. If you are facing a legal issue, you should consult a qualified legal practitioner for proper guidance tailored to your situation.

Claims for solicitor’s fees—legal fees incurred by a party during litigation—have historically been met with skepticism by Nigerian courts. For years, solicitor’s fees were viewed as personal contractual obligations, not to be transferred to the losing party. However, recent decisions, including the 2022 Court of Appeal judgment in UBA Plc v. Omodon, indicate a progressive evolution in the law.

This post reviews the legal framework, the traditional position, and the emerging willingness of courts to grant such claims when properly justified.

Traditional Judicial Attitude: A Conservative Stance

Historically, Nigerian courts were reluctant to award solicitor’s fees. In Guinness Nigeria Plc v. Nwoke (2000) 15 NWLR (Pt. 689) 135, the Court of Appeal held that:

“It is unethical and an affront to public policy to pass on the burden of solicitor’s fees to the other party in litigation under the guise of special damages.”

This position was restated in Asuquo v. Access Bank (2022) LPELR-57919(CA), where the court emphasized that solicitor’s fees are unusual, difficult to accept, and must be treated as special damages requiring strict pleading and proof.

The Emerging Position: Courts May Grant Solicitor’s Fees When Justified

In a marked shift from earlier authorities, the Court of Appeal in UBA Plc v. Omodon (2022) LPELR-59133(CA) upheld an award of ₦170,000 in solicitor’s fees, where the claimant:

 •   Proved that the defendant’s breach led to prolonged litigation;

 •   Presented documentary evidence of payment to his solicitor (Exhibit C1h); and

 •  Pleaded the claim as a specific item of loss arising from the defendant’s inaction.

Justice Jimi Olukayode Bada, JCA, noted:

“Our law has moved from Guinness Nigeria Plc v. Nwoke… to a more dynamic posture… where such claims are granted if properly pleaded and proved.”

This shows that Nigerian courts are increasingly willing to recognize solicitor’s fees as recoverable, especially in long-standing matters where legal representation was necessary and the opposing party caused or prolonged the litigation.

Equitable Considerations: Who Caused the Litigation?

Another compelling argument is that a litigant should not be made to bear the cost of legal services necessitated by the wrongful conduct or inaction of the other party.

Where a party is forced into litigation to enforce their rights, and where the opposing party ignored pre-action warnings or failed in their duty of care (as in UBA v. Omodon), solicitor’s fees—if reasonable and proved—may be seen as part of the consequential losses.

Nevertheless, the burden remains on the claimant to establish a direct link, plead the fees clearly, and support them with receipts, agreements, or invoices.

Summary of Conditions for Granting Solicitor’s Fees

To succeed in recovering solicitor’s fees, the claimant must show:

1. Proper Pleading: The fee must be stated as a head of special damages.

2. Specificity: The amount, basis, and purpose of the fee must be clear.

3. Documentary Evidence: Invoices, payment receipts, or engagement letters must be provided.

4. Reasonableness: The amount must not be exaggerated or punitive.

5. Causal Link: It must be shown that the legal expense was a direct consequence of the opposing party’s conduct.

Conclusion: A Shift Toward Judicial Pragmatism

While earlier decisions strictly opposed the recovery of solicitor’s fees, cases like UBA v. Omodon, Ajibola v. Anisere, and Lonestar Drilling v. New Genesis reflect a modern trend toward judicial pragmatism. The key, however, remains in how the claim is presented.

Disclaimer

This article is intended for general information only and does not constitute legal advice. Please consult a qualified legal practitioner for advice specific to your case.

Dissolution of marriage proceedings in Nigeria are governed by the Matrimonial Causes Act, which sets strict conditions for the granting of a divorce. Although these proceedings can be emotionally difficult and procedurally demanding, parties often seek to resolve issues amicably to avoid prolonged litigation.

However, unlike typical civil suits, divorce cases are not resolved by Terms of Settlement in the conventional sense. While parties may agree on certain ancillary matters, the core issue of dissolution must be determined strictly by law and evidence, and not by mutual agreement.

In this blog post, we explore the role and limits of settlement in divorce proceedings under Nigerian law, and why care must be taken to comply with the no collusion rule in petitions for dissolution of marriage.

Can Terms of Settlement Be Adopted in Divorce Cases?

In civil cases, Terms of Settlement are commonly used to resolve disputes. However, in a petition for dissolution of marriage, courts are prohibited from granting a decree based on collusion or connivance between the parties.

Under Section 15(1) & (2) and Section 82(1) of the Matrimonial Causes Act, the court must be satisfied that:

• The marriage has broken down irretrievably, based on one or more of the statutory grounds (such as adultery, desertion, unreasonable behavior, etc.); and

• There has been no collusion or connivance between the parties to bring about the petition or facilitate the granting of a decree.

Therefore, any document suggesting mutual agreement to dissolve the marriage—such as a formal Terms of Settlement—may amount to evidence of collusion, which the law expressly prohibits.

What Can Parties Agree On?

While the dissolution itself must be proven and not agreed upon, parties can still amicably resolve ancillary issues arising from the breakdown of the marriage. These include:

   •   Custody and maintenance of children

   •   Access and visitation rights

   •   Spousal maintenance

   •   Division of jointly acquired property

Such matters can be documented and submitted to the court in the form of terms of settlement, but they must not form the basis of the dissolution itself.

Importance of Proving a Statutory Marriage

It is also important to emphasize that statutory marriages—marriages conducted under the Marriage Act—can only be dissolved by a court of competent jurisdiction. As such, proof of a subsisting statutory marriage is fundamental, and this is typically established by the production of a marriage certificate.

Without this proof, the court lacks the jurisdiction to entertain the petition or grant any reliefs, whether by judgment or purported settlement.

The Right Approach: Avoiding Collusion

To comply with the law and avoid the appearance of collusion:

• Each party should present their individual account of the marital breakdown

• Settlement on ancillary matters should be handled separately and after the court is satisfied as to the grounds for dissolution

• Lawyers must ensure that any proposed agreement does not suggest mutual agreement to divorce, but rather resolves post-dissolution issues

Final Thoughts

While amicable resolution of disputes is encouraged in law, marriage dissolution is a special category of legal action governed by public interest and strict statutory safeguards. Terms of Settlement cannot be used to bypass these safeguards or substitute for the court’s duty to assess whether the marriage has indeed broken down irretrievably.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. For guidance tailored to your specific situation, please consult a qualified legal practitioner.

Whether you’re dealing with a legal dispute, drafting a contract, registering a business, or buying property, hiring a lawyer in Nigeria is a critical step toward safeguarding your rights and interests. But navigating the legal landscape to find the right lawyer can be overwhelming—especially if you’re doing it for the first time. This guide outlines the key steps to help you make an informed decision when hiring a lawyer in Nigeria.

1. Understand Your Legal Needs

Before reaching out to a lawyer, it’s important to identify the nature of your legal issue. Nigerian lawyers often specialize in different areas of law, including:

   •   Litigation and dispute resolution

   •   Corporate and commercial law

   •   Real estate and property law

   •   Family law

   •   Criminal defense

   •   Intellectual property

   •   Immigration and regulatory compliance

Knowing your specific legal challenge helps narrow down your search to lawyers who have the relevant experience.

2. Search for Lawyers with the Right Expertise

You can find lawyers in Nigeria through:

   •   Referrals from friends, family, or business associates

   •   The Nigerian Bar Association (NBA) directory

   •   Law firm websites and legal blogs

   •   Online legal platforms offering lawyer directories or consultations

Look out for lawyers or law firms with a clear track record in your area of concern.

3. Check for Qualifications and Licensing

Ensure the lawyer you want to hire is a qualified and licensed legal practitioner in Nigeria. All Nigerian lawyers must be enrolled at the Supreme Court of Nigeria and registered with the Nigerian Bar Association. You can also verify their standing by checking with their local NBA branch.

4. Review Experience and Track Record

Experience matters. Ask questions such as:

   •   How many similar cases or transactions have you handled?

   •   What were the outcomes?

   •   Are there client testimonials or references?

5. Discuss Legal Fees Upfront

Legal fees in Nigeria are guided by the 2023 Remuneration Order, which provides a benchmark for legal practitioners’ charges. However, fees vary depending on the complexity of the case, the lawyer’s experience, and the location.

Some lawyers charge:

 • Flat fees for specific services like company registration or property agreements

   •  Hourly rates for consultations or ongoing legal work

   •  Contingency fees in cases like debt recovery or personal injury (where the lawyer is paid a percentage upon winning)

Always request a breakdown of legal fees and put any fee agreement in writing.

6. Schedule a Consultation

Meeting your lawyer (in person or virtually) allows you to evaluate:

   •   Their communication style

   •   Understanding of your matter

   •   Proposed strategy

   •   Willingness to explain legal terms and procedures

Trust your instincts—hire a lawyer you feel confident and comfortable working with.

7. Review and Sign a Retainer Agreement

Once you’ve selected a lawyer, a formal retainer agreement should be signed. This outlines the scope of legal work, fees, timelines, and expectations from both parties. This document helps prevent misunderstandings during the legal process.

Final Thoughts

Hiring a lawyer in Nigeria doesn’t have to be complicated. With the right approach, you can find a legal professional who not only understands your legal issue but also advocates effectively on your behalf. Whether you are resolving a dispute, protecting your assets, or planning your next business move—having competent legal counsel by your side makes all the difference.

Disclaimer

This blog post is provided for general informational purposes only and does not constitute legal advice or create a lawyer-client relationship. Legal issues vary in complexity and are often case-specific. You should consult a qualified legal practitioner for advice tailored to your particular circumstances. While efforts have been made to ensure the accuracy of this information at the time of writing, laws and regulations may change.

Bigamy, the act of marrying someone while already legally married to another person, is a serious offence under Nigerian law. Though rarely prosecuted in practice, it remains a criminal offence and carries significant legal consequences. Bigamy also raises important issues where Nigeria’s customary, statutory, and religious marriage systems intersect.

In this blog post, we will examine what bigamy entails, how Nigerian law treats it, and the evidentiary standard required to prove it.

What is Bigamy?

Bigamy occurs when a person who is already legally married under the Marriage Act contracts another marriage during the subsistence of the first marriage.

Under Section 370 of the Criminal Code Act, bigamy is defined as:

“Any person who, being married, goes through the form of marriage with any other person during the life of the former husband or wife is guilty of a felony and is liable to imprisonment for seven years.”

In essence, the second marriage is void ab initio—meaning it is invalid from the beginning and has no legal effect.

Is Bigamy Still Prosecuted?

Although it appears to be a dead letter, the offence of bigamy is still in our statute books, and the law has not been repealed. It is therefore enforceable. However, the rarity of prosecution is often due to the complexities involved in proving the offence.

Importantly, both the legal marriage and the unlawful subsequent marriage must be strictly proved, and the burden of proof—even when raised in civil proceedings—must be discharged to the standard required in criminal trials. This high evidentiary threshold makes successful prosecution rare but not impossible.

When Does Bigamy Apply?

Bigamy applies strictly to statutory marriages—that is, marriages conducted under the Marriage Act at a registry or licensed place of worship. It does not apply to customary or Islamic marriages, which by their nature permit polygamy.

Thus, a man who marries under customary law and takes another wife under the same system is not guilty of bigamy. However, someone who contracts a statutory marriage and subsequently marries another person (customarily or statutorily) without first dissolving the first marriage commits bigamy.

Key Elements of Bigamy

To prove bigamy, the following elements must be established:

1. The accused entered into a valid statutory marriage.

2. That marriage was still subsisting at the time of the second marriage.

3. The accused entered into a second marriage during the subsistence of the first.

4. The second marriage was formalized in some recognizable ceremony (statutory, customary, or religious).

All these elements must be strictly proved beyond reasonable doubt, even in a civil court, for the offence to be sustained.

Legal Consequences

   •   Criminal Penalty: Up to seven years imprisonment if convicted under the Criminal Code.

   •   Void Second Marriage: The second marriage is invalid and confers no marital rights.

   •   Impacts on Divorce and Property: Bigamy can complicate divorce proceedings and affect the distribution of assets and inheritance rights.

Defenses and Exceptions

   •   Presumed Death: If a spouse has been missing for seven years or more and presumed dead, a second marriage may not amount to bigamy.

   •   Void First Marriage: If the first marriage was itself invalid (e.g., due to lack of consent or capacity), then bigamy cannot be sustained.

Practical Example

Suppose Mr. John Doe marries Ms. Jane Doe at a registry (a statutory marriage). Years later, without divorcing Ms. Jane Die, he marries Ms. Apunanwu in a church or customary setting. Even if Ms. Apunanwu is unaware, Mr. John Doe may be criminally liable for bigamy, and the second marriage is void.

Final Thoughts

While bigamy may seem outdated or rarely enforced, it remains a valid and punishable offence under Nigerian law. More importantly, its implications are far-reaching—affecting the validity of subsequent marriages, inheritance rights, and even criminal liability. If you are uncertain about your marital status or believe you may be involved in a bigamous situation, it is important to seek legal advice immediately.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your circumstances, please consult a qualified family law practitioner.

Legal services in Nigeria are diverse, yet few areas of practice are as misunderstood—and unfairly stigmatized—as the charge and bail practice. Often associated with young lawyers around police stations or magistrate courts, the term “charge and bail lawyer” has become shorthand for a certain perception of desperation and informality. But is that the full story?

In this post, we unpack the reality of charge and bail lawyers, the services they provide, the challenges they face, and why the legal community—and the public—must take a more balanced view of their important role in our justice system.

Who Is a Charge and Bail Lawyer?

A charge and bail lawyer is typically a lawyer who provides immediate legal representation to individuals in police custody or facing criminal charges, especially in lower courts. Their primary focus is to:

   •   Secure bail for suspects who have been charged.

   •   Prevent unlawful detention.

   •   Offer legal advice during arrest or interrogation.

   •   Help clients navigate the criminal justice system quickly and effectively.

Key Functions of Charge and Bail Lawyers

Despite the negative label, charge and bail lawyers perform several crucial services, including:

1. Legal Representation at Police Stations

They stand in for suspects during questioning, ensuring that their rights are not violated.

2. Filing and Moving Bail Applications

They help prepare bail documents, file them in court, and argue for temporary release of clients awaiting trial.

3. Client Advisory and Legal Support

They provide much-needed guidance to families of detained persons and explain the legal implications of arrest and detention.

4. Quick Access to Justice

They ensure that people without immediate legal representation are not forgotten in the system.

Stereotypes vs. Reality

There’s a common stereotype that charge and bail lawyers are:

   •   Hanging around court gates or police stations looking for clients.

   •   Offering legal services at very low fees.

   •   Lacking in professionalism or court experience.

While these images exist, they are far from the whole truth. Many charge and bail lawyers are qualified, diligent, and committed professionals who often act as the first line of defense for those whose rights are at risk.

Challenges They Face

Like many professionals, charge and bail lawyers contend with:

   •   Poor remuneration and client undervaluation.

   •   Stigma within the legal profession.

   •   Exposure to ethical risks and unsafe working environments.

   •   Lack of mentorship and formal recognition.

Why Professionalism Matters

Regardless of the field of practice, professionalism is non-negotiable. A good charge and bail lawyer:

   •   Respects the legal process and client confidentiality.

   •   Dresses and conducts themselves appropriately in and out of court.

   •   Refuses to compromise on ethics.

   •   Seeks mentorship and continuous legal education.

   •   Treats every client with seriousness and compassion.

Changing the Narrative

Instead of viewing charge and bail lawyers through a dismissive lens, we should recognize their essential role in ensuring access to justice for all. In many cases, they help individuals who cannot afford top-tier law firms or who require urgent legal intervention to avoid prolonged detention.

Conclusion

Charge and bail lawyers are not the problem—misconceptions are. With proper regulation, support, and mentorship, the charge and bail practice can evolve into a respected niche within Nigeria’s legal system.

So next time you hear the term, look beyond the stereotype. You might just be looking at a true advocate in action.

Disclaimer:

This blog post is for informational purposes only and does not constitute legal advice. The content is based on general observations of the Nigerian legal system. For case-specific guidance or legal representation, please consult a qualified lawyer or contact the Nigerian Bar Association (NBA) for referrals.

Introduction

In the legal profession, communication isn’t just a soft skill—it’s the lifeline of trust between a lawyer and their client. Unfortunately, one of the most common complaints clients make about their lawyers is the lack of communication. Whether it’s unreturned calls, ignored messages, or failure to provide case updates, the silence can be frustrating—and even harmful.

This blog post explores the dangers of poor communication by lawyers, how it affects clients and their cases, and what both lawyers and clients can do to bridge the communication gap.

Why Communication Matters

Law is a service profession. Clients come to lawyers with pressing issues—some emotionally charged, others financially draining, and many time-sensitive. Clear, honest, and regular communication reassures clients that their lawyer is actively handling their matter, respects their concerns, and is committed to delivering results.

Without it, clients are left in the dark, unsure of their legal standing, deadlines, or even the basic status of their case.

Consequences of Poor Communication

Loss of Trust:

When clients don’t hear from their lawyer, they begin to lose confidence. Trust is the foundation of a lawyer-client relationship. Once that trust is broken, it’s difficult to rebuild.

Missed Deadlines and Opportunities:

Failure to inform clients of court dates, filing deadlines, or changes in legal strategy can result in missed opportunities or, worse, legal sanctions or dismissal of a case.

Ethical Complaints and Malpractice Claims:

In jurisdictions like Nigeria, lawyers are bound by Rules of Professional Conduct. A consistent lack of communication may be grounds for disciplinary action by the Legal Practitioners Disciplinary Commitee (LPDC) or even malpractice claims in some situations.

Client Frustration and Reputation Damage:

A dissatisfied client won’t just walk away—they will talk. Poor communication can lead to bad reviews, loss of referrals, and a damaged professional reputation.

Why Do Lawyers Sometimes Fail to Communicate?

Overloaded Caseloads:

Some lawyers take on too many clients and struggle to keep up with updates and follow-ups.

Poor Time Management:

Without systems in place, lawyers may unintentionally neglect certain files or clients.

Avoidance:

When a case isn’t going well, some lawyers avoid communicating bad news. Unfortunately, silence only worsens the situation.

Lack of Administrative Support:

Solo practitioners or small firms without proper admin support may find it difficult to stay organized.

What Can Lawyers Do Better?

Set Clear Expectations Early:

Let clients know how often they can expect updates, who to contact in the firm, and what communication methods will be used.

Use Technology:

Legal CRM tools, email reminders, WhatsApp, and client portals can automate updates and keep clients informed. Schedule

Regular Check-ins:

Even when there’s no major development, touching base shows that the client hasn’t been forgotten.

Be Honest, Even When It is Uncomfortable:

Clients would rather hear the truth than be left guessing. Share both wins and setbacks promptly.

What Can Clients Do?

Communicate Clearly and Respectfully:

Don’t overwhelm your lawyer with excessive messages, but don’t hesitate to follow up if you haven’t heard anything.

Request Written Updates:

Ask for email summaries or meeting notes so there’s a written record of your communication.

Know Your Rights:

If your lawyer’s silence becomes excessive and impacts your case, consider filing a complaint with the appropriate regulatory body, such as the Legal Practitioners Disciplinary Committee (LPDC).

Conclusion

Lack of communication isn’t just unprofessional—it is potentially damaging. For lawyers, open and consistent communication builds trust, improves outcomes, and enhances reputation. For clients, it provides peace of mind and clarity. In a profession where so much rides on words, keeping the conversation going isn’t optional—it is essential.

Disclaimer:

This blog post is for informational purposes only and does not constitute legal advice or create a lawyer-client relationship. Readers are advised to consult a qualified legal practitioner for advice tailored to their specific situation.

In recent years, particularly following the COVID-19 pandemic, the Nigerian legal system has witnessed a significant shift toward digital transformation. One of the most notable developments is the adoption of virtual court hearings across various courts in the country. While this innovation is still evolving, it represents a meaningful step toward a more accessible and flexible justice system.

What is a Virtual Hearing?

A virtual hearing is a legal proceeding conducted through digital platforms—such as Zoom, Microsoft Teams, or other court-approved video conferencing tools—allowing parties, their lawyers, and sometimes even judges to participate remotely. These hearings may involve motions, bail applications, testimonies, and full trials, depending on the court’s discretion and the nature of the case.

Legal Framework and Court Discretion

While virtual hearings offer flexibility, it’s important to note that they are subject to the court’s discretion. Not all cases qualify, and not all courts are equally equipped. Courts generally consider factors such as:

   •   The location of the parties and witnesses

   •   The nature of the dispute

   •   Technological readiness

Applications for virtual hearings are typically made through a formal motion on notice, supported by an affidavit and written address. The court will determine whether to grant or deny the application based on the circumstances.

Benefits of Virtual Hearings

• Access to Justice: Parties who reside outside the court’s jurisdiction, including those based abroad, can attend proceedings without the cost and delay of travel.

• Time and Cost Efficiency: Saves legal practitioners and litigants time and money.

• Continuity of Proceedings: Especially useful when physical attendance is hindered due to health or logistical challenges.

Challenges and Limitations

• Technical Issues: Internet connectivity and hardware limitations can disrupt proceedings.

• Legal Uncertainty: Varying acceptance levels across different courts may cause inconsistency.

Conclusion

Virtual hearings in Nigeria reflect a growing trend toward digitized legal practice and improved access to justice. As courts continue to adapt, legal practitioners and litigants alike must become familiar with the process and remain prepared to leverage it when appropriate. While not a replacement for traditional hearings, virtual proceedings offer a flexible alternative in an increasingly digital world.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Readers are advised to consult a qualified legal practitioner for advice specific to their circumstances or for assistance with court-related applications, including virtual hearing requests.

Introduction:

A guide for laypersons on how to respond when served with writs, summons, or originating court processes in Nigeria — including your rights, timelines, and the consequences of ignoring court documents.

Being served with court papers can be unsettling — especially if it is your first time. Whether it’s a writ of summons, an originating motion, or any other form of court process, the way you respond can significantly impact the outcome of the case. This guide simplifies what to expect and do when served with court papers in Nigeria.

1. Understand What You Have Received

In Nigeria, court processes come in various forms depending on the nature of the case. You may receive:

   •   Writ of Summons (common in civil suits)

   •   Originating Summons (used when there are no material facts in dispute)

   •   Originating Motion (used in applications)

   •   Petitions (common in matrimonial and election cases)

   •   Complaints or Claims (in tribunals or certain administrative panels)

These papers generally set out:

   •   Who is suing you (the claimant or plaintiff)

   •   What they are asking for (their claims or reliefs)

   •   Why they are suing you (their facts and grounds)

   •   The court hearing the matter

   •   The date or timeline for your response

2. Don’t Ignore the Papers

Many people mistakenly toss court papers aside — sometimes out of fear, other times out of ignorance. But ignoring them is a costly mistake. If you fail to respond within the required time, the court may proceed in your absence and enter judgment against you. This is called a default judgment, and it can be enforced against your property, income, or legal rights.

3. Know Your Deadlines

Once served, the time to respond is often short and strict:

   •   14 days for most civil cases commenced by writ of summons

   •   8 days for matters under the undefended list (like debt recovery)

   •   21 days for suits commenced by originating summons or motion

   •   Varies for tribunal or election matters — these are often very strict and time-sensitive

Note: These timelines are subject to the rules of the specific court where the case is filed. Always verify with a lawyer or by referring to the court’s procedural rules.

4. Contact a Lawyer Immediately

Even if you think the matter is simple, engaging a lawyer early helps you:

   •   Understand the legal implications

   •   Draft a robust defence or response

   •   Avoid missing critical deadlines

   •   Explore settlement or negotiation options, if available

If cost is a concern, you can contact the Legal Aid Council or consult a lawyer for an initial opinion before deciding your next step.

5. Preserve Evidence and Documents

Begin gathering and preserving any relevant documents, receipts, contracts, photographs, or communications that may help your case. Do not alter or destroy anything — the court may rely heavily on these materials to decide your matter.

6. Attend Court When Required

If the court papers include a hearing date, make sure you or your lawyer appears. Failure to attend can result in:

   •   Loss of opportunity to present your case

   •   Striking out or dismissal of your defence

   •   Possible bench warrant in criminal matters

Even if there’s no date yet, you must monitor the process to avoid being caught unaware when a date is eventually fixed.

7. Consider Settlement or Mediation

Court is not always the best or only option. In many cases, parties can settle the matter outside of court through negotiation, mediation, or arbitration. If this is a possibility, your lawyer can help initiate the process, which may be faster, cheaper, and less adversarial.

8. Protect Your Rights

Being sued does not mean you are guilty. You have a right to fair hearing, to be represented by a lawyer, to challenge the claims against you, and to counterclaim if necessary. The court process ensures both sides are heard.

Final Thoughts: Be Proactive, Not Passive

Being served with court papers is not the end of the world — it’s simply the beginning of a legal process. The most important thing is to act quickly and responsibly. With the right advice and timely action, many legal issues can be resolved efficiently and in your favour.

Need help understanding your court papers? Reach out to a lawyer or legal clinic near you. Early action is often the best defence.

Disclaimer:

This article is for general informational purposes only and does not constitute legal advice. Legal procedures may vary depending on the court, type of case, and specific circumstances. Readers are advised to consult a qualified legal practitioner for advice tailored to their particular situation.