Author: Faruq Abbas
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Transferring Property by Deed of Gift: What Nigerian Law Requires
Introduction Property owners often bestow gifts on others as expressions of love, loyalty, appreciation, or as a means of distributing assets during their lifetime. Where a gift is not made under customary law, its validity and enforceability depend on the existence of a Deed of Gift between the donor and donee. A Deed of Gift…
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A Guide to Managing the Affairs of Individuals Lacking Mental Capacity: A Review of the Lagos State Mental Health Law, 2019
There are several instances where an individual who was previously medically fit suddenly becomes mentally unfit due to a health challenge or substance abuse. In such situations, it is not uncommon for certain relatives who have access to the individual’s assets to take undue advantage of their position to the detriment of the individual and…
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Can a Company be Held Vicariously Liable for an Action of its Independent Contractor? A Review of the Supreme Court’s Decision in Total Exploration & Production (Nig.) Ltd v. Okwu & Ors LPELR-62623(SC)
Introduction: It is common practice for Nigerian companies to engage independent contractors to execute certain aspects of their operations. However, a major issue that usually arises in this sort of relationship is: to what extent would the employer be liable for the actions of its independent contractors? The Supreme Court addressed this question directly in…
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Can a Bank Place a Restriction on a Customer’s Bank Account Based on a Law Enforcement Agency’s Directive and without Securing a Court Order? A Review of the Court of Appeal’s Decision in FBN Plc & Anor v DKN Investment Ltd. & Anor (2025) LPELR-80878(CA)
Introduction: It has become a notorious practice among banks in Nigeria to place Post-No-Debit (PND) orders on their customers’ accounts upon receiving directives from law enforcement agencies, such as the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC), or the Independent Corrupt Practices and Other Related Offences Commission (ICPC). These directives are often…
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Understanding the Mortgagee’s Power to Sell a Mortgaged Property: Key Lessons from Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1
Introduction One of the common areas of dispute in commercial transactions is the right of a Mortgagee to exercise its power of sale of a mortgaged property following the Mortgagor’s failure to repay a loan. In the case of Akindele v. Abe (2021) 17 NWLR (Pt. 1804) 1, the Supreme Court squarely addressed this issue.…
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Can an Employee be Punished Twice for the Same Misconduct? A Review of Skye Bank Plc v. Adegun (2024) 15 NWLR (Pt. 1960) 1
Introduction An employment relationship may be terminated at any time by either party in accordance with the contract of employment, subject to applicable notice requirements. However, when an employer dismisses an employee for gross misconduct, special rules apply. Nigerian courts have long held that an employer has an inherent right to dismiss for gross misconduct…
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A Data Privacy Breach is Now Enforceable as a Constitutional Right: An Analysis of the High Court of Lagos State’s Judgment in Bonje v Guaranty Trust Bank Plc, Suit No: LD/18950MFHR/2024 (Unreported)
Introduction Following the gains made by the Nigeria Data Protection Regulation 2019 towards creating an enforceable legal framework for the protection of data privacy rights in Nigeria, the Nigerian Legislature enacted the Nigeria Data Protection Act 2023. The Nigeria Data Protection Act 2023 (subsequently referred to as the “NDPA 2023” or “the Act”) strengthens privacy…
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Can Employers Withhold Employees’ Salaries for Failing to Meet KPIs? Key Lessons from Mrs. Iyeyinka Olayanju -v- Global Mercantile and Corporate Logistics Ltd (Judgment delivered on Thursday, 6 February 2025)
Introduction Most employers set specific Key Performance Indicators (KPIs) for their employees, and these KPIs help the employer assess the employee’s performance over a given period. Employees who consistently fail to meet the minimum pass mark in their KPI may lose their jobs due to poor performance. However, a growing practice among some Nigerian employers…
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KEY LESSONS ON ENFORCING MONETARY JUDGMENTS IN NIGERIA: AN ANALYSIS OF THE SUPREME COURT’S JUDGMENT IN C.B.N. v OCHIFE (2025) 12 NWLR (Pt. 2000) 1
INTRODUCTION When enforcing monetary claims in Nigeria, obtaining a favourable judgment is only one part of the process, as the judgment must still be enforced if the debtor refuses to pay the judgment sum. Enforcing a monetary judgment means that the person taking benefit from the monetary judgment (“the judgment creditor”) has to employ any…
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Do You Need a Survey Plan to Prove Land Ownership in Court? Lessons from the Supreme Court’s Decision in Okoro v Udeh (2026) 1 NWLR (Pt. 2024) 163
Introduction One of the key documents commonly tendered in court in land dispute proceedings is a survey plan. The advantage of a land survey plan is that it provides a precise description and clear identification of land by delineating its boundaries, location, and extent. For this reason, our courts have consistently recognised that the easiest…