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Furnishing consideration is an essential element of a valid contract…
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Offer being an important element of a valid contract can be terminated in one of the following ways….

Consideration is s a crucial part of a valid contract… it enables a party seek damages when breached…

An offer is a first requirement for a valid contract, here are some Tips to identify and differentiate between an offer and an invitation to treat…..

Write a caption...At the 3rd Edition of the C.E Anaheim SAN Memorial Colloquium…

An Offer made to a party can be revoked, however it must be done before acceptance is made…
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Written contracts are essential tools for a stress free transaction…

Law Tips Tuesday…
Every action has its liability whether civil or criminal

Anyone who is wise, keeps a lawyer close 😍

Wishing everyone a blessed month of October 😍😍😍

Wishing everyone a beautiful month of October

Always Endeavor to seal that deal with a written agreement….

Tips to know about contractual agreements and obligations.

ARBITRATOR OR EXPERT DETERMINER

In modern days of International Commercial Arbitration, parties are often face with the challenge of the consequence that arbitration can be (and too often is) slow and expensive.

Business men often want a quicker and cheaper alternative. Expert determination (ED) is one such alternative, offering a powerful and cost-effective solution to the majority of commercial disputes, a major key to and advantages of ED is speed: Determinations can be made in minutes/days/weeks as required.

For Instance, soccer reefers and other sporting decision-makers make instant decisions all the time, this is essential for the flow of the game and there is no difference in principle with commercial disputes.

But where lies the boundary between arbitration and Expert Determination, before then I must state that International Arbitration having recourse to court session has been a concern. I’m of the view that excessive use of this procedure is liable to bring the whole process of arbitration into disrepute.

Arbitrator is an impartial person or group that is given the power by disputing parties to resolve their dispute.

Arbitration is suitable for disputes where the evidence is less straight forward or the legal issues are more complex.

An expert’s determination on the other hand is quick and cheap but might be wrong.

Expert determination is less formal and lack binding effect from court while Arbitration are procedural based and enforceable in the court of law, it should be noted that the boundary between the both concept is the binding and enforceable nature.

An expert’s determination is not directly enforceable unlike a court judgment or an arbitral award; what can be done with respect to an expert determination is that, where a party fails to comply with any decision, the other party can sue for breach of contract and obtain a judgment/arbitral.

The law that one is presumed innocent until proven guilty cannot be obsolete..

Wishing everyone beautiful experiences in this month of September….. may all your wishes be fulfilled in this new month and beyond.🙏🙏

In other for a contractual agreement to be enforceable, it must have a consideration…..
laws.

INTERNATIONAL ARBITRATION


International arbitration is a method used to resolve a type of cross-border disputes, this involves where party of different region or country come together for social and commercial purposes and they agree to resolve their disputes before private arbitrators instead of a national court.

Intèrnational Arbitration occurs where parties to the international arbitration in an effort to find a neutral dispute-resolution mechanism that they can trust.

In a typical and increasing common example, a Western party will be doing business with an Eastern party.
The Eastern party will not be prepared to litigate in the Western party's local courts and vice versa.

Moreover a judgement from one party's local court will almost certainly not be readily enforceable on the local court of the other party; this is where international arbitration comes in to solve the problem.

Each party will be able to appoint an arbitrator that he or she trust and a neutral arbitrator will be appointed by both parties to chair the tribunal.

The arbitrators need to be independent and impartial, they should be able to craft the procedure and ultimately draft an award that confirms to each parties ideas of Justice even if the parties come from different cultures and legal jurisdictions.

Where the parties are of different nationalities the chair, of the tribunal should not be the same nationality as any of the parties.

One of the key benefits of international arbitration is that the procedures are flexible to suit the needs of each particular case.

Nigerian cybersecurity Law you need to know.

cybersecurity is gotten from two words which are: cyber and security.
Cyber means anything involving computer or its network such as the internet.
security on the other hand is a state of being free from Danger or harm.
now having defined both words we can now say that cybersecurity on its own is the practice of protecting those network,computers or information from digital harm or attack.

in order to achieve this in Nigeria there are laws that checkmate cybersecurity and they are as follows:

the data protection act of 2023
the national cyber security policy and strategy of 2021.
the data protection regulation of 2019
Nigerian cyber act of 2015
the electronic transaction act of 2004

Nigerian data Protection Act of 2023 this is a law that provides a legal framework for the Protection of personal information and establish the Nigerian data protection commission which regulates the processing of personal information.
The objective of this act is to safeguard the fundamental rights, freedoms and interest of data subjects as guaranteed under the Constitution of the Republic of Nigeria.

this act will ensure that personal data of individuals are processed in a fair, lawfull and accountable manner and where in the event of any Bridge the act provides for remedies.

The national cyber security policy and strategy of 2021

this policy and strategy is said to be a framework that aims to strengthen cyber security governance and coordination and also Foster a trusted cyber environment.

it is also aimed at addressing the nation's cyber risk exposure.

what this policy means in other words is that it ensures coercive measures and strategic actions towards ensuring security and protections of the country presence in Cyberspace.
it safeguards critical information and nutures a trusted cyber community.

The Nigerian cybercrime act of 2015

Tjis act criminalizes a range of cyber activities including cyberstalking, cyberbullying, online impersonation and the unauthorised access or interceptions of computer systems. It also established the Nigerian cybercrime working group which is responsible for coordinating efforts to combat cybercrime in the country.

The electronic transaction act of 2004

this act established the legal framework for the use of electronic transactions in Nigeria and provides for the recognition and admissibility of electronic records in court during any legal proceedings.
it also established the Nigerian economic growth forum which is responsible for coordinating efforts to combat electronic fraud in Nigeria.

First I must start by saying that the policies of this nature are peculiar to the International Monetary Fund (IMF) and the World Bank. I think the Nigerian government are letting these bodies think for them and in all indications they do not mean well for the stability of our country Nigeria.

let me take us back to what it means to float a currency in this case the Naira. Floating the naira means that Nigeria has allowed market forces to determine the exchange rate of its currency. Previously the Central Bank detected the rates. With floating the exchange rate, buyers and sellers in the official FX market can quote rates they find comfortable.

The best approach to a stable economy is to stabilize its currency and the value of any currency is dependent on what the country exports. Don't get me wrong, if you want to float a currency that's fine but where you have a country that its economic strength is very unstable why float it? thereby making it more vulnerable to bankruptcy…

The first thing the Federal Government should do is to stabilize the economy (go into production and export) by so doing you stabilize the currency. where our economy is stable we will know our bases and limits and work progressively within that base.

If the exchange rate is unstable then the question is how will an average Nigerian who is into business plan?..

Today it might trade for 600 tomorrow if might trade for 6:20.

The government should first work on how to stabilize the economy in fact they should take it back to how it was in the 70s and 80s stabilize it and give it a uniform rate (where there will be nothing like black markets and official rate).

CBN should come up with policies on how to restructure spending, they should liaise with Nigerians who are intellectual, economists and come up with practical structures for stability to grow.

This policy by the CBN is taking us back and forth every day and we'll end up remaining in one spot.

There are many poor countries like Dubai , Saudi Arabia, Qatar etc who were very poor but managed to develop their country because they have stable economy.

The international bodies are the last bodies Nigerian government should listen to.

I urge our present leadership to look inward and know our peculiar needs, solve them from the root and not amend or manage them.

Let me know what you think….

May this day bring more opportunities and open doors…

CRIMINAL LAW AND JUSTICE SYSTEM IN NIGERIA(ACCESS TO PROMPT JUSTICE)

These are laws that deal specifically in relation to crime. It's aim is to establish order in the society and to prevent or deter the commission of crime. Justice on the other hand and in this context means fairness, it connotes that where a harm is done by a person, a remedial action should be taken and both parties (the accuser and the accused) should receive morally right consequences merited by their actions.

Some philosophers are of the view that justice in its real sense should be that which is done promptly, hence where Justice is delayed it is as good as being denied.

In order for one to obtain Justice from a crime committed the suspect should be arrested, interrogated and taken to court where judgement and sentence shall be pronounced1.

In carrying out this procedure it is important to state that time is of essence as Justice can be said to be done when it is not only acceptable but prompt.

In Nigeria crimes are usually committed against the state. The person who is injured or who suffered in the course of committing a crime is not usually a party to the criminal trial, this procedure is called criminal litigation. Since the crime committed is seen as that committed against the state, it therefore follows that it is the agencies/ bodies of the State that will have the power to prosecute such offender.

** Does it then mean that a victim cannot pursue its case to get Justice?... The answer is no! as the victim shall be fully involved in the proceedings, the state only prosecutes on his/her behalf.

Criminal prosecution are usually done by carrying out arrest by the bodies empowered by law, example THE POLICE. A private individual can make an arrest when the criminal act was committed in his presence however such private individual must hand over the suspect to the police for interrogation.

Moreso, under the Administration of Criminal Justice Act a private person may make a complaint against any other person alleged to have committed or to be committing a crime. Such complaints may be filed in court but in order for the complaint to be valid it shall be:

● Accompanied by a certificate from the Attorney General of the state or federation (as the case may be) Indicating unwillingness to prosecute and

● Evidence that the complaint was made to the police and investigated.

Access to justice in Nigeria in its practical sense is minimal, this is because the power to prosecute is limited to the government agencies which in turn carry out their duties with little or no efficiency or seriousness thus, making accessibility to Justice unattainable and based on Prejudice.


**In my opinion the section of the Administration of Criminal Justice Act requiring a private person to file a complaint with a certificate from the Attorney General indicating unwillingness to prosecute should be removed to enhance prompt justice system.

What do you think, leave your thoughts in the comment section…

As the word “may” expresses possibilities, so shall this month be filled with great strength for possibilities. Happy new month everyone.

An arbitration clause is a clause in a contract that requires parties to the contract resolve their disputes through an arbitration process. Such clause may or may not specify that the arbitration process occur within a specific jurisdiction. It always binds the parties to a type of resolution outside the courts and operates as a condition precedent before any litigation can proceed. Hence it is therefore considered a kind of forum selection clause.

However, there are certain disputes that cannot be arbitrated,despite having a clause. An example of this would be disputes over whether a crime was committed which must be addressed through the criminal court system.
Alternatively, there are certain disputes that must be submitted to arbitration. This is because the agreement that the parties entered into may mandate the use of arbitration. Some examples include contract disputes, as well as commercial disputes which are disputes between businesses.

*IMPORTANCE OF INSERTING AN ARBITRAL CLAUSE IN AN AGREEMENT*

1: Judgments are arrived on mutual basis and mostly based on the intentions of the parties.
2: It creates an opportunity for negotiation between parties.
3: It mandates parties to submit to arbitration before any disputes process like litigation can be carried out. In cases like this, the courts can not assume jurisdiction unless Arbitration is done.

Societal lawlessness is as old as mankind and not just peculiar to the African continent but to the world at large. In Africa (Nigeria precisely) lawlessness has been and is one of our distinctive traits. It is obvious, as I conceive it, that a nation doesn’t become lawless or law-abiding overnight; Nigeria’s societal lawlessness can be traced from our failed system, rascality and disrespect for the rule of law. The state of lawlessness is creating an atmosphere of fear and affecting the faith the people have in the judicial system and the legal profession at large.

THE LEGAL PROFESSION

The legal profession in general terms deals with the study, development and application of law in the society.

It refers to the whole of occupational roles oriented towards the maintenance of the legal system.

The legal profession in Nigeria originated from England by the ordinance of 1563 which made provisions for the laws of England to have the same form and application in Nigeria.

The members of the legal profession includes the judges, lawyers, counselors, expert and professors in the legal education.

NOBILITY Of THE LEGAL PROFESSION

There’s a need to emphasize that the legal profession is a noble profession, it is not a business or trade. It is a calling and has to be practice in the Spirit of honesty and not in the Spirit of mischief-making or money-getting.

The hallmark of the legal profession is integrity, professionalism and dedication.

One of the major goals of the legal profession is to hold government accountable under the law and to ensure access to Justice for all persons. The legal profession and its machineries is the last hope of a common man.

A LAWLESS SOCIETY; ITS MEANING AND UPSHOTS

A Lawless Society can be referred to a society where social bonds are broken down that is, individuals do not feel bound by the legal structures of the society. It is a condition where a person or group of persons reject social hierarchies, laws or other institutions as they feel they are unrestrained by the laws of the society.

UPSHOTS

One of the upshots of lawlessness in a society is that could lead to violence, theft and political disorder.

NIGERIA’S LAWLESSNESS AND ITS PECULIARITIES

It is safe to say that there is a fast growing sense of a peculiar type of lawlessness in Nigeria. Nigeria being a giant of Africa has proven to also be a lawless State. The government has failed in their duty of keeping the country safe and habitable for the common man.

ITS PECULARITIES
In some jurisdiction, lawlessness is being exhibited by the masses. However in Nigeria this is totally not the case as there is a type of lawlessness that has existed and is still existing in our society.

This is called executive lawlessness otherwise known as an abuse of executive powers.

Here the executive arm of government has arbitrary powers as they monopolize the Nation's economy and resources while the other arms of government are incapacitated, they make the judiciary system weak, the legislative system dormant while they enjoy their arbitral powers.

marriage under the marriage act is monogamous in nature and it means contract between a man and a woman by which they enter into legal relations involving rights and obligations.

being monogamous it is a union of one man and one woman to the exclusion of others. In the light of the following this connotes :

A)persons who are not married to a third-party either under the marriage act or under customary law.

b)persons who have been previously married under the marriage act have obtained value decree of divorce.

Can a man who is married to a woman under customary law contract marriage with a third party.

Does exclusion of others involve those married under the customary law.

let me know your thoughts

In every community the law relating to family commands great attention and importance, this is because the family is the base of the community and is therefore vital to it's continued existence.

Development of family law in Nigeria has reflected the political, economic and social changes in the country.

The British instituted customary law rules which Governed all aspects of matrimonial relationships with introduction of the general law and British dual system of family law.

However customary law continues to govern the family law of the majority of Nigeria. Up until 1970 the various English legislations on matrimonial causes were appllied directly to Nigeria in spite of its different social and economical background,this was certainly unsatisfactory.

The decree of 1970 marks the starting point of the quest for fashioning professional and indigenous law on matrimonial causes to local circumstances.

its similarity is now noticeable in the development of family law among the Commonwealth countries. consequently, a study of the nature cannot be undertaken in isolation from the law and judicial decisions in other commonwealth jurisdictions.

Marriage is a universal institution which is recognised and respected all over the world. As a social institution marriage is founded on and governed by social and religious norms of the society. consequently, the Sanctity of marriage is a well accepted principle in the world community.

however the concept of marriage as a union of persons for has faced serious challenges in several countries in some countries same-sex marriage has been legalized while in others substantial legal authorities of marriage have been conferred on cohabiting couples.

Nigeria is grappling with some of these questions. increasingly, concerned has been expressed particularly in the religious circle that there are threats to the marriage institution, various approaches have been suggested for dealing with them.

Having said all these there are however two types of marriages that are legally recognised in Nigeria. These are monogamous marriage under the marriage act and customary law marriage. married as in this is a voluntary union for Life of one man and one woman to the exclusion of all others on to divorce or death.

Follow for Continuation…..

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We are subsisting in a society where infringement of rights is a mainstay hence unavoidable and it is only one who is knowledgeable of his rights can enforce same when encroached or infringed upon. Whether you're going through a nasty divorce, facing a criminal case, or preparing a business deal, working with a lawyer will significantly save you money in the long run. If you don't have a legal professional by your side while undergoing such, it'll put a strain on your achievement with respect to your aim.

Just as a cardiologist for instance uses specialized knowledge and techniques to evaluate heart health and prescribe appropriate behavioral modification and medication to avoid future problems; a lawyer does the same with legal health. A lawyer advises the client so that legal documents such as contracts, wills, and deeds etc will accomplish their goals. A lawyer provides the necessary specialized legal knowledge, skill and experience to deal with issues pertaining to life.

Assuage Attorneys offer first-rate legal work to their clients by providing them top-notch legal services for both local and foreign clients. They are simply the best in their field.

This new year promises to be exciting and great! We can’t wait to unravel…

Happy new year from all of us @ Assuage Attorney…

As we celebrate this season and the love that it brings, may we experience great blessings in all ramifications.

Merry Christmas to you all…

# Christmas