May 23, 2023

Definition of Terms:
(a) Business: A business may be defined as human activity directed towards acquiring wealth through buying and selling of goods.
(b) Capital: the money a business has on hand to carry out its operations and grow in the future. The value of a business capital would include everything it owns and all of its money.
(c) Cashflow: The amount of cash or cash equivalent that a company receives or gives out by way of payment to creditors.
(d) Debts: An amount of money that is owed.
(e) Equity: The stake of ownership, investors have in a business.
(f) Investment: An investment is an asset or item accrued to generate income.
(g) Liquid assets: Liquid assets refer to cash on hand, cash on bank deposit, and assets that can be quickly and easily converted to cash.
(h) Liquidity: This is the ease of converting financial assets into cash without resulting in a big loss in value.
(i) OTC(Over the counter): It’s a process by which stocks, bonds, and other financial instruments are traded directly between two parties instead of on a public stock market. Eg: New York Stock Exchange(NYSE).
(j) Retained earnings: The amount of profit a business has left after it pays all its direct costs, income taxes, and dividends to shareholders.
(k) SMEs ( Small and Medium-Sized Enterprises ): Are businesses that have a limited number of employees, assets, and profit. An SME is defined by the United Nations Educational Scientific and cultural organisation(UNESCO) as an enterprise employing up to 249 persons. It is divided into; micro (9 employees), small (10-49 employees), and medium (50-249employees) enterprises. Lower-income economies more frequently use 50 or 100 employees as a threshold for defining an SME.
(l)Working Capital: This is the capital that a business requires for its day-to-day operations. Efficient financial management brings in steady cash flow especially when it is compliant with business policies as this will aid the easy flow of business operations.

WHAT IS CORPORATE FINANCE?
Corporate finance is a branch of finance that deals with the funding, capital structure, planning, management, and allocation of financial resources within an organization to increase its financial value while balancing risk and profit.

WHY CORPORATE FINANCE?
1. Corporate finance helps to determine the kind of businesses to invest in by assessing the risk and return involved.
2. It gives an insight into options to explore for business funding and raising capital. For example, crowdfunding, Angel investors, Initial public offering(Ipo), loans from financial institutions etc.
3. It helps a business in adequate planning and how profits can be actualized to increase the value of higher financial returns.
4. In corporate finance a business can efficiently distribute financial resources within the organization.
5. Corporate finance aids in the management of a business structure to fulfill the objective of the business.

THE STRUCTURES OF CORPORATE FINANCE
The goal of corporate finance is to maximize the value of a business through the planning and implementation of resources while balancing risk and profitability. It achieves this through:
–Capital Investment: It is a process where the risks and returns in an investment proposal are analyzed, taking into account the short-term and long-term goals of the organization. The essence of this is to ensure that investments are geared toward profitable projects.

–Capital/Funding Structure:This explains the method of financing that is used by an organization to raise capital. The Capital structure of a business is crucial as this helps to maximize the value of a business. For example, funds can be raised for a business through equity, retained earnings, and debt financing. However, the two major sources of business funding are equity financing and debt financing.
Equity financing occurs when a business calls for investors through equity issuance getting itself listed on the stock exchange for example, through IPO or through over-the-counter trade. For example, crowdfunding and angel investors. However businesses are advised not to rely solely on equity financing as too much equity dilutes shareholders voting rights and reduces dividend share.

Debt financing is the financing of a business through obtaining loans from financial institutions or bond issuance. In instances, businesses fund their project only from debt there is a high risk of inability to repay. This would drive such business into liquidation.Thus, a balance is required by businesses in sourcing funds to carry out their project.

– Working Capital : This is the capital that a business requires for its day-to-day operations. Efficient financial management brings in steady cash flow especially when it is compliant with business policies as this will aid the easy flow of business operations.

– Dividend Distribution : It involves decisions by a business on how much profit to retain or distribute among its shareholders. Dividend distribution is however dependent on the policy set by the management of a business on how the profit that is made by them should be shared. Profit sharing will be dependent on the policy that is set by the management. Whether profit is to be paid regularly or on an irregular basis, where profits are sometimes reinvested back into the business without the business owners, receiving any return.
The goal of every business is to make a profit and corporate finance helps business owners achieve this goal by setting up a capital structure that is in line with the value of the business while acknowledging the long-term goal and short-term goals of the business and implementing efficient business decisions to create positive financial outcomes.

WHAT BUSINESS MANAGEMENT ENTAILS
A business should be a value-producing activity with aims and objectives that generates profit. A business can be owned by an individual, or it could be a partnership, a corporation or a limited liability company. The type of business ventured into will determine the structure of that business. Business management involves the steps that is taken in executing a business idea from the planning stage, implementation stage, organizing stage to the operation and control of the business to serve it’s long-term and short- term goals.
In Nigeria, SMEs are the most popular form of businesses and a major driver of the nation’s economy. The National Bureau of Statistics confirmed that small and medium scale enterprises (SMEs) in Nigeria have contributed to about 48% of the national GDP in the last five years. With a total number of about 17.4 million, they account for about 50% of industrial jobs and nearly 90% of the manufacturing sector, in terms of several enterprises.
The challenge most SMEs businesses face in Nigeria include but not limited to funding, bad policies, infrastructure, unstable business environment, lack of strategic planning, financial literacy, location, etc. Small and medium enterprises (SMEs) are considered one of the most important industries required by developed and most importantly, developing countries for sustainable economic development. SME’s enhances harnesses potential employment opportunities, improving local technology, output diversification and development of indigenous entrepreneurship. In order for businesses to thrive, they require an effective business management system as the major aim of businesses is for sustainability and profit.

CONCLUSION

The adoption of corporate finance in the execution of a business plan will facilitate the setting up of that business, the management of operations, guide investment decisions, attract investors, regulate profit distribution and the general growth of the business.e adoption of corporate finance as a tool for effective business management is the right strategy for the successful execution of a business. The principle of corporate finance is applicable to all types of businesses because every business involves strategic planning, organization, funding, control and proper management of that business to fulfill it’s aim and objectives. Adopting corporate finance will aid businesses as startups and other SMEs to source for funds, minimize the risks of unpaid debts, ensure the running of operations, the yield of profits as it fulfills the aims and objective of the business.

REFRENCES:

1.https://tfig.unesco.org/contents/definition-statistics-SMEs.html( accessed 18th April 2023).

[2].https://corporatefinanceinstitute.com/resources/fpa/corporate-finance-industry ( accessed April 10th, 2023).

[3].https://m.economictimes.com( accessed 29th April, 2023).

[4]. https://www.upcounsel.com ( accessed 29th April, 2023).

[5].https://businessday.ng/columnist/article/5-funding-opportunities-for-smes-in-nigeria/ (accessed 2nd May, 2023).

[6].https://www.investopedia.com/terms/s/startup.asp( accessed 2nd of May, 2023).

HOW TO GET A DIVORCE IN NIGERIA

April 25, 2023

HOW TO GET A DIVORCE IN NIGERIA.
By Orioye Ronuwo Owolebi,Esq

INTRODUCTION

Gone are the days where marriage used to be a sacred and valuable institution.
The once glorified, sacred and valuable institution has been reversed excessively with the pass of the years due to the skyrocketed divorce cases that pop up on a daily basis all over the world which is now seen as the order of the day.
Nigeria is not left out of this divorce pandemic besieging the world recently, there has been astronomical increase of divorce cases littering the courts in Nigeria with many having to question what the problem is.
From professionals, to celebrities, a host of their marriages are folding up becoming a huge concern in the country.
In a report published in 2018,a total of 3000 divorce cases were recorded in Badagry, Lagos. Also,In a 2019 report titled ‘ Deciphering the high rate of divorce in Nigeria,’ Kano state alone had over 1 million registered divorces.
In this article, we will be looking at the definition of marriage dissolution in the legal sense, the court that has jurisdiction over dissolution of marriage, the party that can bring a process for dissolution of marriage, also the article listed the grounds upon which a marriage can be dissolved within two years and finally the grounds for the dissolution of marriage that is above 2 years and the various orders the court will grant after a petition for marriage is brought before it.

WHAT IS DISSOLUTION OF MARRAIAGE?

Dissolution of marriage is a legal way of ending a marriage by a court of law.
It is otherwise known as divorce. So, when a husband and his wife agreed to end their marriage and go their separate ways, without resorting to court, it is a sham and their marriage is still intact at law.
In other words, a marriage cannot be dissolved through a couple’s agreement or through the use of alternative dispute resolution methods (ADR).
The law allows a spouse who desires to dissolve their union to file an action for divorce in any state of the federation, irrespective of where the marriage was celebrated or the couple reside, provided that the other couple consents to it. For instance, a marriage may be celebrated in Lagos state, while the couple may subsequently settle in Abuja and in the case of divorce; an action for the dissolution of marriage may be instituted in Kano state.

WHICH COURT HAS JURISDICTION OVER MARRIAGE DISSOLUTION IN Nigeria?
An action for divorce can only be filed at any state High court in Nigeria.

WHO CAN BRING AN ACTION FOR DIVORCE? CAN A PERSON BRING AN ACTION FOR DIVORCE ON BEHALF OF THE HUSBAND OR WIFE?

An action for divorce can only be filed by the either the husband or wife. This means that a father or mother-in-law does not have any justification to file for a divorce suit on behalf of their children.

CAN A PERSON GET A DIVORCE WITHIN THE FIRST TWO YEARS OF MARRIAGE?

Under the Matrimonial Causes Act in Nigeria, a husband or wife in a marriage can only request for a divorce from the courts after they have been married for at least 2 years. The reason for this is because of the desire of the courts to protect the institution of marriage.
The idea therefore is that if people could get married and then divorce so quickly after marriage, they are not showing requisite respect for the institution of marriage which is after all is a legal status and contractual agreement.
Therefore, the 2 years rule stipulates that for divorce proceedings to commence, the parties must have been married for at least 2 years.
However, there are 14 exceptions to this rule. This means a person can file for a divorce within the first two years of marriage if the person’s circumstance falls within one of the 14 exceptions which the law the law allows for. These exceptions are as follow.
1. Where the husband or wife was lawfully married to another person at the time of the marriage.
2. Where the requirement for the proper solemnization of the marriage were not followed. e.g ceremony performed by an unlicensed person.
3. Where the consent of either of the couple was obtained by duress or fraud.
4. Where there was a mistake as to the identity of the party or the nature of the ceremony performed.
5. Where one party was mentally incapable of understanding the nature of the marriage contract.
6. Where either of the parties is not of marriageable age. It should be noted that the Nigerian constitution does not establish a minimum age of marriage. The child Rights Act, which was passed in 2003, sets the age of marriage at 18 years-old. However, only 23 of Nigeria’s 36 states have adopted this act. As a result, in some areas of the country the minimum age of marriage can be as low as 12 years-old.
7. Where both parties are within what is known as prohibited degrees of consanguinity and affinity. The prohibited degrees of consanguinity and affinity refer to a list of relationship which are not allowed by law to marry. E.g brother and sister, uncle and niece etc.
8. Where at the time of marriage either party was incapable of consummating it. e.g the husband is suffering from some form of erectile dysfunction
9. Where at the time of the marriage either party is of unsound mind, a mental defective, or subject to recurrent attacks of insanity or epilepsy.
10. Where at the time of the marriage either party is suffering from a venereal disease in a communicable form. This would include all sexually transmitted disease and infections.
11. Where at the time of the marriage, the wife is impregnated by another person other than her husband.
12. Where the other person has refused to consummate the marriage.
13. Where the other party has committed adultery.
14. Where the other party has committed rape, sodomy or bestiality.
Finally, the law gives the judge discretion to be a be able to grant divorce within the first 2 years of marriage, however, the person requesting for the divorce must specifically request for ‘ leave of court’. The court will execute discretion only in circumstances where refusal to grant the leave would impose hardship on the applicant or case is one involving exceptional depravity on the part of the other party.
Granting leave is something which the court does not take lightly and so the circumstances must be one which is exceptional or else the court will just ask the parties to wait for two years to lapse.

GROUND FOR THE DISSOLUTION OF MARRIAGE

Under the Act, the sole ground for the dissolution of marriage is that the marriage has broken down irretrievably (broken down beyond repair).However, the petitioner must prove one or more of the facts below to establish the ground.

The facts are as follows;
That the respondent has willfully and persistently refused to consummate the marriage.
That since the marriage the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
That since the marriage the respondent has behaved in such a manner that the petitioner finds it intolerable to live with the respondent.
That the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition.
That the parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of this petition and the respondent does not object to a decree being granted.
That the parties to the marriage have live apart for a continuous period of at least 3 years immediately preceding the presentation of the petition.
That the other party to the marriage has, for a period of not less than one year failed to comply with decree or restitution of conjugal rights made under this Act.
That the other party to the marriage has been absent from the petitioner for such a time and circumstances as to provide reasonable grounds for presuming that the respondent is dead.

WHAT WILL THE COURT DO AFTER A PETITION FOR DISSOLUTION OF MARRIAGE HAS BEEN FILED BY EITHER THE HUSBAND OR WIFE

When a marriage is dissolved, the first order the court will make is called’ DECREE NISI’ which is meant to last for three months. Within these months three months, the couple against whom the other is made can change their minds and therefore, continue as husband and wife.
‘DECREE NISI’ is a temporary order. The second order occurs when ‘DECREE ABSOLUTE’ is made, it is the order that finally dissolves the marriage and it is made three months after DECREE NISI is made.
After DECREE ABSOLUTE is made, there is no right to appeal the decision of the court.
Until DECREE ABSOLUTE is made a spouse whose marriage is undergoing divorce process cannot enter into another marriage.
Also where any of the party died before the 3 months elapses, it shall not become absolute.

CONCLUSION
The matrimonial causes act in Section 11 mandates the court not to be quick to grant divorce prayers; they should try and make sure the couples try option of reconciliation. This is to happen through the active steps of the court, by setting up mediation and appointing conciliators for the reconciliation process of the couples seeking divorce to see if the partners can sort out the differences.

The law also mandates the judge to act first as a conciliator to seek for the reconciliation of the couple first. He can only step into his judicial capacity to commence hearing of the divorce petition when the mediation and conciliation for the reconciliation of the partners fails.
It is only when section 11 of the act has been fulfilled by the judge and the parties still want divorce that the judge can go ahead to hear the divorce petition.

Therefore, in Nigeria courts, before the prayer for divorce can be granted by the judge, the couple(s) must prove and it must be ‘’ manifestly be seen’’ that the marriage has broken down irretrievably(beyond repair),this means that the partners and even the court have tried everything to make the marriage work but it’s clearly not working and the partners going their separate ways is the best option at the time being.

REFERENCES

1. https://www.blueprint.ng/4000-divorce-cases-in-2-months-which-way-family-values/ (accessed on the 8th of March 2023)

2. Kehinde Adegbite, LEARNING THE LAW IN NIGERIA(1ST Ediction,9, Ezekiel Street,Off Toyin Street,Ikeja,Lagos,Princeton & Assaociates Publishing Co.Ltd,2015,p 96

3. Section 15(1) of the Matrimonial Causes Act.

4. Section 15(2) of the Matrimonial Causes Act.

THE LEGAL FRAMEWORK OF ORIGINALITY AS A FUNDAMENTAL IN COPYRIGHT CLAIM

Intellectual Law

GLORIA OLUCHUKWU IGALAWUYE

March 23, 2023

INTRODUCTION:

Copyright is a legal term used to describe the rights that creators have over their literary and artistic work. It is that right in law that protects a person’s interest in his intellectual work ranging from fine arts, publishing, entertainment, and computer software. For copyright to subsist, it must come under six areas of eligible works namely:

(a) literary works;

(b) musical works;

(d) cinematography, films;

(e) sound recordings and

(f) broadcasts.

LIMITATIONS ON COPYRIGHT

The aim of copyright law is the protection of an author’s intellectual work from infringement. This is because these rights are chose in action and as such, can only be enforced by legal action. There are legal limitations as to the duration of these rights and the duration will depend on the nature of the author’s work.

However, as a practicable rule, copyright lasts for the life duration of an author and extends for an additional period of seventy( 70 ) years for works as literary, drama, musical and artistic works after the end of the year in which the work was first published . The time frame for copyright of other works are as follows:

( i ) For cinematography, films and photography fifty(50) years after the end of the year the work was first published.

( ii ) For sound recordings, fifty(50) years after the end of the year in which the recording was first published.

( iii ) For broadcasts, fifty(50) years after the end of the year in which the recording was first published.

From the foregoing, it is clear that copyright does not last forever and the law has struck a balance by providing the duration which a copyright subsist and that such right starts from the moment the work has been created or expressed in a tangible form.

ELEMENTS OF INFRINGEMENT

Infringement occurs where there is a breach of copyright by an unauthorized user. Section 16(2) of the Copyright, Designs and Patents Act provides that copyright on a work is infringed by a person who without the license of the copyright owner does or authorizes another, to do, any of the acts restricted by the copyright. In copyright infringement can either be secondary or primary. It is primary where the infringer uses or take the work of an author without his consent. In this instance, he will be held liable even though ignorant. While in secondary infringement, a person facilitates or manufactures infringing copies of the author’s work. A secondary infringer is only liable if he knew or had reason to know that he is dealing with copies that have been made without the copyright owners permission.

A claimant who claims that his copyright has been infringed on in relation to a substantial part of their work should establish that:

(a) The work in question is a copy of his work.

(b) Copies of such work was issued to the public.

(d) It was performed or show in public.

(e) It has been communicated to the public.

All these acts must have been carried out before a claim of infringement will arise. For the claim of copyright to succeed, the claimant has to prove that the defendant have taken something of the claimant’s work and that their is a connection between the infringement and the original work either directly or indirectly. Therefore where the defendant fails to dismiss the doubt already raised by the claimant for copyright actions, the claim will succeed.

ORIGINALITY IN COPYRIGHT

The concept of originality in copyright law has a different expression from its dictionary meaning. In the copyright context, Originality deals with the manner of creation of a work and that the work is produced by the author. Ordinarily, such work or idea may have been in existence but the compilation of such work into a tangible form by the creator vests in him copyright. This is because copyright does not protect mere ideas, rather it protects the expression of ideas in a tangible form and provides an efficient way of exploiting such work economically and morally. For a work to be original it means there have to be a complete form or version of that work because it is only a completed version of a work that can be copied. The Act requires that a work must be fixed in any definite medium of expression now known or later to be developed, from which it can be perceived, reproduced or otherwise communicated either directly or with the aid of any machine or device.

THE QUALIFICATION OF ORIGINALITY

Section I(2)(a) of the Copyright Act provides that for copyright to subsist in a literary, musical, or artistic work, sufficient effort must have been expended on making the work possess an original character.

Originality in copyright requires authenticity by the author in the production of his work. This means that he did not copy the work verbatim from another person. However, a minimal degree of authenticity is required. In Feist Publications v. Rural Telephone Service, the courts enhanced restrictions and raised the bar of “Originality” in creative artistic products. It observed that a minimal level of creativity is needed by an artist in addition to putting efforts independently and that copyright protection can only be granted when the work and creativity are original in the making of the art and not merely presenting the works differently.

From the foregoing, the author must not necessarily be the proponent of the Idea for him to have copyright protection of it but the originality that is embedded in the presentation of his ideas is what guarantees his copyright.

CONCLUSION

Therefore, it does not matter the skill and labor that is employed by a person in reproducing the work of another. What that production will qualify as, is a copy and nothing more. This is because such an act will not constitute originality under copyright law as it falls short of the concept of creativity and authenticity. In University of London Press Ltd v. University Tutorial Press Ltd, the court held that the work concerned must be original in the sense that it must not be a verbatim reproduction of prior work, but not in the sense that it must itself be a product of original or inventive thinking.

REFERENCES:

1.https://www.wipoint/copyright/en/ (accessed 14th March 2023)

2.Section 1(1) of the Nigerian Copyright Act Cap. C. 28 Laws of the Federation 2004.

3.First Schedule of the Nigerian Copyright Act Cap. C. 28 Laws of the Federation 2004.

3.Section 1(2)(a) of the Nigerian Copyright Act Cap. C. 28 Laws of the Federation 2004

4. Ibid.

5.Section 16(2) of the Copyright Designs and Patents Act, 1988.

7.https://www.vidhikarya.com/legal-blog/doctrine-of-originality-in-copyright

8. University of London Press Ltd v. University Tutorial Press Ltd(1916)2ch.601 at 608.

An Overview of the Business facilitation (Miscellaneous Provision) Bill 2022 vis a vis the Companies And Allied Matters Act 2020 (Changes and innovations)

Corporate Law

Abel Okafor-Nduka

March 13, 2023

An Overview of the Business facilitation (Miscellaneous Provision) Bill 2022 vis a vis the Companies And Allied Matters Act 2020
(Changes and innovations)
The Business Facilitation Act was passed into law by President Muhamadu Buhari on February 15th, 2023 to facilitate the ease of doing business, transparency, and efficiency and to remove bureaucratic constrains to doing business in Nigeria. With the modifications and amendment of 21 business-related laws, it is the commitment of the government towards making Nigeria a progressively easier place to do business.
Of the 21 business-related laws that were amended, we shall be looking at some consequential amendments made to the Companies and Allied Matters ACT 2020.

Continue

AN APPRAISAL OF ELECTION PETITION IN NIGERI WRITTEN BY ORIOYE RONUWO OWOLEBI,Esq February 14, 2023.

Election Petition Law

mountaintoplaw

March 10, 2023

INTRODUCTION
Nigeria is preparing for general elections on the 25th of February and the 11th of March 2023.
This particular election is poised to be one of the most keenly contested elections in the history of Nigeria due to the fact that for the first time in ages, we are having a reawakening of political consciousness mostly among the Nigerian youth.
Since the country’s return to democracy, Nigeria’s presidency has been keenly contested between two political parties, the People Democratic Party (PDP) now in opposition, and the ruling All Progressives Congress(APC).
However, the trade Union-backed Labour Party is campaigning with Peter Obi, a former two –term governor of Anambra state ,this has no doubt spice up the political scene in Nigeria like an unending action-packed movie with so much suspence. Everyone is definitely anticipating for the climax at the end of the election.
The 2023 Nigerian general elections are scheduled for February and march respectively and as usual it is expected to be marred by controversies which are bound to arise with regard to the electoral process and the outcomes of the elections.
In this article, we will talk about what election petition is all about,; laws that regulate election petition in Nigeria, jurisdiction over election petition, time frame for the commencement and conclusion of election petition, the parties to election petition, grounds on which election results can be challenged, pre-election matters, time frame for filing pre election matters and lastly, time frame for the determination of pre election matters.

WHAT IS ELECTION PETITION?
The process by which the outcome of any election is challenged is known as an election petition.
WHAT IS PRE-ELECTION MATTERS?
This relates to disputes arising from intra party affairs like primary elections, nomination of candidates or other disputes arising before the conduct of an election.
By Section 285(14) of the 1999 constitution amended by the constitution of the Federal Republic of Nigeria(Fourth Alteration No.21) Act,2017,pre-election matters means any suit in which:
a)An aspirant who complains that any of the provisions of the Electoral Act or any Act of the provisions of the National Assembly regulating the conduct of primaries of political parties and the provisions of the guidelines of a political party for the conduct of party primaries has not been complied with by a political party in respect of the selection of nomination of candidate for an election.
b) An aspirant challenging the actions, decision or activities of INEC in respect of its participation in an election or who complains that the provisions of the Electoral Act or any Act of the National Assembly regulating elections in Nigeria has not been complied with by INEC in respect of the selection or nomination of candidates and participation in an election; and
c) A political party challenging the actions, decisions or activities of INEC Disqualifying its candidate from participating in an election or complains that the provision of the Electoral Act or any Act of the National Assembly regulating elections in Nigeria has not been complied with by INEC in respect of the nomination of candidates of political parties or an election, timetable for the election, registration of voters and other activities of the commission in respect to preparation for an election.

JURISDICTION IN PRE-ELECTION MATTERS
All Pre-Election matters arising from party primaries or substitution of candidate by political parties are to be instituted before the High Court or the Federal High Court.

TIME FOR FILING PRE-ELECTION MATTERS
Every pre-election matter shall be filed not later than 14 days from the date of occurrence of the event, decision or action complained of in a suit.[ See Section 285(9) 1999 constitution amended by section 2 of the constitution of the Federal Republic of Nigeria(Fourth Alteration No.21)Act,2017.]

TIME FRAME FOR DETERMINATIOIN OF PRE ELECTION MATTERS
A court in every pre-election matter shall deliver its judgment in writing within 180 days from the days of filing the suit.[ See Section 285(10) of the 1999 constitution of the Federal Republic of Nigeria(Fourth alteration No.21)Act 2017.]
An appeal from a decision in a pre-election matter shall be filed within 14 days from the date of the delivery of the judgment appealed against.[ See Section285(11) of the 1999 Constitution of the Federal Republic of Nigeria(Fourth Alteration No.21)Act,2017]
TIME TO APPEAL AGAINST THE JUDGEMENT OF THECOURT IN PRE-ELECTION MATTERS
An appeal from a decision of a court in a pre-election matter shall be heard and disposed of within 60 days from the filing of the appeal.[ See Section 285(12) of the 1999 constitution of the Federal Republic of Nigeria(Fourth Alteration No.21)Act,2017.]

JURISDICTION OVER ELECTION PETITION
1.For Presidential elections, the court of appeal will assume jurisdiction.[ See Section 285(7)CFRN]
2.For governorship elections, Governorship Election Tribunal has exclusive jurisdiction.[ See Section 285(2) CFRN]
3.For the election of National Assembly or State House of Assembly; National and State House of Assembly Election Tribunal.[ See 285(1) CFRN]
APPEALS FROM THE DECISION OF ELECTION TRIBUNAL
1.Presidential election appeal goes to the supreme court.
2.Governorship election appeal goes to the court of appeal and a further appeal may go to the supreme court.
3.National and state house of Assembly election appeal goes and ends at the court of appeal.
AGE FOR CONTESTING ELECTION IN NIGERIA
Under the NOT TOO YOUNG ACT passed in 2018,the ages have been reduced by 5 years:
1.Presidency 35 years
2.Governorship 35 years
3.Senate 30 years
4.House of Representatives and House of Assembly states 25 years.
PARTIES TO ELECTION PETITTION
There are two parties to a petition i.e. the Petitioner and the Respondent.
1.The petitioner: This may be the candidate in an election or a political party which participated in the election and lost.
2. The Respondent: This must include the successful party whose election is complained of and INEC which conducted the election.
GROUNDS FOR ELECTION PETITION
Section 134(1) of the Electoral Act 2022 provides that an election may be questioned on any of the following grounds:

a) That the person whose election is questioned was at the time of the election, not qualified to contest the election.[ On the issue of qualification see Section 65,106,131,137(1)(b),177,182(1)(b) of the 1999 constitution as amended]
b) That the election was invalid by reason of corrupt practices or non-compliance with the provisions of this Act;
c) That the respondent was not dully elected by the majority of lawful votes cast at the election, or
d) That the petitioner or its candidate was validly nominated but was unlawfully excluded from the election.
e) That the person whose election is questioned had submitted to the commission affidavit containing false information of a fundamental nature in aid of his qualification for the election.

PERSONS DISQUALIFIED FROM CONTESTING ELECTIONS IN NIGERIA
1.Non-Nigerians
2.Persons of unsound mind
3.An ex-convict
4.A member of secret court
5.A minor

COMMENECEMENT OF ELECTION PETITION
An election petition by an aggrieved party is to be presented within 21 days after the declaration of the election results.[ See Section 285(5) of the CFRN 1999(as amended)]
TIME FOR DETERMINATION OF ELECTION MATTERS .
An Election Tribunal shall deliver its judgement in writing within 180 days of the filing of the petition.[ See Section 285(6)CFRN 1999 CFRN(as amended) See Marwa V. Nyako(2012)6NWLR(Pt 1296) 199;ANPP V. Gomi(2012)7 NWLR (Pt 1298) 147]
APPEALS IN ELECTION PETITION
A notice of appeal challenging the judgement of a court/Tribunal on election petition cases is to be presented within 21 days of the receipt of the judgement.[ See Section 138(2) of the Electoral Act 2022]
TIME FOR HEARING OF APPEALS
An appeal is to be heard and disposed of within 60 days from the date the appeal was filed.[ See Section 285(7) CFRN 1999(as amended)]

CONCLUSIONS
There is no iota of doubt that Election petition matters occupy a very sensitive and important position in the Nigerian Electoral Process.
Election litigation is bound to occur in an electoral process. Therefore, it is pretty much important that political parties and the electoral umpire, INEC must ensure that the rules and regulations guiding Electoral Process are complied with.
Orioye Ronuwo Owolebi is a legal practitioner at Mountain Top Attorneys and Solicitors.

THE IMPORTANCE OF NON- DISCLOUSRE AGREEMENTS IN COMMERCIAL TRANSACTIONS.

mountaintoplaw

March 3, 2023

DEFINITION

Non- disclosure agreement may be defined as a binding contract between parties, where the parties entering into the contract make promise to each other not to reveal the shared confidential information to any unauthorized persons or thirty parties.

THE FEATURES OF NON -DISCLOSURE AGREEMENTS.

Non-disclosure agreements do not have to be long and complicated. Their features includes identifying the parties to the non-disclosure agreement, which is usually stated clearly at the beginning of the contract, a definition of what and what are deemed to be confidential, the scope of the confidentiality obligation by the receiving party, information excluded from the confidentiality; that is, information which are non-confidential in the contract and terms of the agreement.

TYPES OF NON-DISCLOSURE AGREEMENTS.

Non-disclosure agreements may be broadly classified into two types namely; unilateral non-disclosure agreement which is an agreement that stipulates the duties and obligations of one of the parties to the agreement and example of such unilateral non-disclosure agreement is the agreement between an employer and employee intended to protect business or trade secrets, copyright.T he second type of non- disclosure agreement is the mutual non- disclosure agreement usually executed by two parties and is used when the two parties involved in the contract will be disclosing important top – secrets or sensitive information to each other.

LEGAL FRAME WORK FOR NON- DISCLOSURE AGREEMENTS.

Section 191 of the Nigerian Evidence Act 2011 on non- disclosure of official communications. Section 192 of the Nigerian Evidence Act 2011 non- disclosure of professional communications between lawyer and clients.

Rule 19 of the Rules of Professional Conduct for Legal Practitioners 2007 on privilege and confidentiality of clients.

Section 37 of the Constitution on the right to privacy.

IMPORTANCE OF NON- DISCLOSURE AGREEMENTS IN COMMERCIAL TRANSACTIONS

The Importance of Non-disclosure agreements in Commercial Transaction includes but not limited to the fact that it helps in the preservation of trust relationships, it prevents leaking of confidential information. It boosts the confidence of the parties to the agreement as they are aware of individual obligation and the scope of the Non- disclosure. It clearly defines the expectations with respect to the safeguarding and treatment of the confidential information.it provides legal remedies and penalties for any breach under the agreement such as injunction , damages, action for breach of contract , Breach of fiduciary duty , violation of trade secrets, action to account and copyright infringement.

LIMITATIONS OF NON- DISCLOSURE AGREEMENTS

Public records such as Securities and Exchange Commission (SEC) or Corporate Affairs Commission filings or Company addresses and Illegal contracts are not covered by confidentiality agreements.

CONCLUSION

The Importance of Non- disclosure agreements in Commercial Transactions cannot be over- emphasized as its importance is non-exhaustive as elucidated, however it must be sparingly used to avoid making them become too complex , broad and untenable thereby making them unenforceable by the Court of law and thus defeat its purpose .

DEFINITION

THE FEATURES OF NON -DISCLOSURE AGREEMENTS.

Non-disclosure agreements do not have to be long and complicated. Their features includes, identifying the parties to the non-disclosure agreement, which is usually stated clearly in the beginning of the contract, a definition of what and what are deemed to be confidential, the scope of the confidentiality obligation by the receiving party, information excluded from the confidentiality; that is, information which are non-confidential in the contract and terms of the agreement.

TYPES OF NON-DISCLOSURE AGREEMENTS.

Non-disclosure agreements may be broadly classified into two types namely ; unilateral non-disclosure agreement which is an agreement that stipulates the duties and obligations of one of the parties to the agreement and example of such unilateral non- disclosure agreement is the agreement between an employer and employee intended to protect business or trade secrets, copyright.The second type of non- disclosure agreement is the mutual non- disclosure agreement usually executed by two parties and is used when the two parties involved in the contract will be disclosing important top – secrets or sensitive information to each other.

LEGAL FRAME WORK FOR NON- DISCLOSURE AGREEMENTS.

Rule 19 of the Rules of Professional Conduct for Legal Practitioners 2007 on privilege and confidentiality of clients.

Section 37 of the Constitution on the right to privacy.

IMPORTANCE OF NON- DISCLOSURE AGREEMENTS IN COMMERCIAL TRANSACTIONS

LIMITATIONS OF NON- DISCLOSURE AGREEMENTS

Public records such as Securities and Exchange Commission (SEC) or Corporate Affairs Commission filings or Company addresses and Illegal contracts are not covered by confidentiality agreements.

CONCLUSION

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THE IMPORTANCE OF NON- DISCLOUSRE AGREEMENTS IN COMMERCIAL TRANSACTIONS.

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