How to Pass Law Exams Without Tears by Kehinde Adegbite ESQ

The primary purpose of education is to develop a critical mind which is not susceptible to misinformation and falsehood. However, as much as the importance of sound education which entails full development of one's mental faculty cannot be over-emphasised, a brilliant student must also have an impressive academic performance to showcase.

While exam success can be said to be an entitlement of a brilliant student, poor academic performance may be experienced by brilliant students who lack certain tips for exam success.
Therefore, in order for a brilliant student not to miss his or her entitlement, the following  tips must be noted. Although the tips may be found useful and helpful by students generally, they are more specifically tailored to address the needs of law students.

                *Tip #1* 

Read instructions carefully. If you are faced with questions broken into sections and you are asked to answer a question from each section, make sure you keep to such instructions.

Take, for instance, if you are to answer four questions in all with two from each section and you actually answer four questions but all the four are from a section, simply note that you have succeeded in answering only two questions and not four.

              *Tip #2* 

Understand a question before attempting it.

  An example:

Ms Abibat, a sixteen year old and an aspiring law student who made up her mind to become a lawyer from the age of 8 but she is always troubled with the possibility of handling divorce cases when she eventually becomes a lawyer. She strongly believes that "no one should put asunder what God has joined together ".

Explain to her the circumstances in which marriages may be terminated without passing through the divorce process.

Before you are told about how to answer a question of this nature, remember that, in law exams, there are three types of question that you may face in an exam.

1. There are questions that are regarded as essay types.

For example, if a question says -

*what is void marriage ?

*Void and voidable marriages are not the same. Discuss.

2. Another type is - problem question (this may also be called different names by different persons). Some call it case-study question or hypothetical question.

Example:

Tunde married his first wife under the Marriage Act but having been elected the Parliamentarian for his district, he decided to marry a second wife who is more educated than the first.

Upon discovering what Tunde did, the first wife has filed an action in court to set aside the second marriage, arguing that Tunde cannot marry a second wife under the Law.

Do you think her case can succeed? Support your answer with relevant statutory and judicial authorities.

This is a question that calls for the use of IRAC method.

I for Issue
R for Rule
A for Application, and
C for Conclusion.

The issue in the question is -

Can a person married under the Marriage Act legally contract a second marriage, while the first marriage remains undissolved?

The rule is -

By virtue of sections 33 and 47 of the Marriage Act, a married person is incapable of entering into a second marriage.

You apply the rule by stating that Tunde is not capable of marrying another woman because of his subsisting marriage with his first wife.

If you have any case that treats an issue like the one presented in the hypothetical question, cite it.

Conclude by stating that the case of the first wife has the prospect of succeeding based on the foregoing analysis.

3. The third one is mixed question,  that is, a question that has the nature of both essay and problem questions.

Now, let's come back to our question on Ms Abibat. It's an example of a mixed question. However, the IRAC method does not apply because the questioner has already identified what you are supposed to address.

What is the meaning of this question and what information are you expected to supply?

The focus of this question rests on the circumstances in which the lifespan of a marriage may be terminated without the divorce process.

You are therefore expected to discuss the grounds for the termination or annulment of void and voidable marriages.

Note further that a questioner will ask questions based on what was taught in class or contained in his or her lecture materials.

If the questioner has not taught you divorce, you have no reason to focus your answer on divorce and again, you should have noted that divorce process has been tactically removed from the issues that should engage your attention here.

To answer the question under our consideration properly, you have to briefly define void and voidable marriages and thereafter proceed to discuss grounds under which each type (i.e. void and voidable marriages)  could be annulled.

If your definition is incorrect, then you have laid a faulty foundation for whatever points or grounds you may later provide.

A void marriage is a marriage that is regarded to have suffered from some fundamental legal defects and therefore, it's not seen as a valid marriage at all.

A voidable marriage, on the other hand, is a marriage regarded to be valid until set aside at the instance of a party to such marriage.

Please - you do not have to write so much on the definition because it is meant to serve only as an introduction. Again, you do not have to waste time on differences between void and voidable marriages because if you do that, you will end up not answering the most important part of the question.

So, after the brief definition, go straight to provide and discuss grounds under which each can be annulled.

Note further that divorce does not apply at all to void and voidable marriages as they can only be ANNULLED and not be dissolved through DIVORCE.

             *Tip #3* 

Write legibly. This is very important because if your answer is correct but impossible to be read by an examiner, your answer is as good as being incorrect.

Some students' handwriting is so small that an examiner requires a magnifying glass to see through. This is not good at all.

Readable handwriting is legible and that's the most important thing, not necessarily a fine or beautiful handwriting. Your handwriting may not be beautiful but make it legible.

Please, do not punish an examiner with an illegible handwriting because you may end up punishing yourself very seriously.

            *Tip #4* 

Organize your answers in a distinct and clear manner, having in mind the comfort of an examiner.

Some students do not obey paragraphing and margin rules at all. Such is bad.

Do not let your work be rough.

           *Tip #5* 

Above all, study and know your teacher very well and give to him or her as you think will earn you good marks.


Kehinde ADEGBITE Esq teaches law at the Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State, Nigeria

The Ravaging Torment Called Fear - Aluko Deborah

Why do many die before their death?

'Which kind of cold and sore throat is this one now?' Kingsley grumbles and lands on his mattress. He soon starts experiencing a throbbing headache and he begins to whimper like a baby. 'So...this ravaging Covid -19 virus has finally gotten hold of me, I swear I'm finished...'. Just then, his pregnant mum walks in holding a bag of groceries, the family doctor following behind. Kingsley tiredly walks into the sitting room to welcome them.

'What's the matter my dear? Don't tell me you stressed yourself at Grandpa's place. His mum asks in concern. Kingsley had spent two weeks at Grandpa's village, helping him on the farm and with sales of his products. Sometimes, they had to sleep on the farm in a wooden shed, not shielded from the chilly weather and mosquitoes. All these strenous experiences had begun to reflect on his health. Kingsley expresses his greatest fear of contacting the dreaded virus, he's been nursing this fear for the past one week and he's already getting depressed. With this, the doctor smiles and quickly carries out some tests on Kingsley with the equipments he brought along with him. After a few hours, the doctor diagnoses Kingsley of Malaria
...the boy widens his eyes and begins to laugh heartily.

Fear becomes unhealthy when it makes you more cautious than you really need to be to stay safe and when it prevents you from doing things you would otherwise enjoy.

By each iota of fear, you chicken out and lose a little strength of character each time you refuse to take a challenge of life. It could also be the fear of failure or the fear of what people think of you etc.

The side effects of fear are quite dangerous. They include the;

Use of drugs and alcohol for alcohol for artificial relief.

Loss of peace, now you think prayer's not a worth.

A source of discouragement to those around you.

Depression and Panic Attack, spelling a sense of doom.

The process of overcoming fear is known as 'FEAR EXTINCTION' and it can be achieved by doing the following;

* Taking smart precautions/personal hygiene - that's not fear, it's wisdom!

* Most times fear is an illusion, the more you understand it, the less scared you'll be.

* Have a positive and optimistic attitude to life.

* Move closer to motivational people.

* Identify that fear and communicate with your fears like a superior.

Relax n' breathe

Gender-Based Violence: The Raging Shadow Pandemic

November 25th of every year marks the International Day for the Elimination of Violence against Women around the world plus it's 16 days activism, and this year is no different, as the United Nations launched the 2020 UNiTE Campaign themed; "Orange the world: Fund, Respond, Prevent, Collect!". A campaign geared towards the eradication of GBV, which is deeply rooted in gender inequalities.

Prior to COVID-19 pandemic, Gender-based Violence (GBV) has been a rather disturbing and heartbreaking issue, with organisations, countries and activists continually putting measures in place to combat it. World Health Organization estimated that, "Globally, 1 in every 3 women have experienced physical or sexual violence, mostly perpetrated by an intimate partner". UN women estimated that in the past 12 months prior to COVID-19 pandemic, 243 million women and girls aged 15-49 years were subjected to sexual and/or physical violence carried out by intimate partner". This data has only increased following the COVID-19 pandemic owing to strict lockdown measures imposed by the government to curtail the spread of the disease.

Nigeria is not left out from the horrors of GBV as a study commissioned by the Ministry of Women's Affairs and social development in conjunction with UNPFA(United Nations Population Fund) Nigeria, with support from the Norwegian Government, revealed that 28% of Nigerian women aged 25-29 have experienced some form of physical violence since age 15.

During the lockdown, there were reported cases of a surge in domestic violence especially in regions with strict lockdown measures, like Lagos, Ogun States and the Federal Capital Territory. The recorded increase by the International Growth Centre (IGC) showed that in these 3 states, an increase of 297% was seen, which showed a rapid rise from 60 in March to 238 cases in April. In states with less strict lockdown measures, like Benue, Ebonyi, etc, an increase of only 53% was recorded.

It should be recalled that during this period, the media was also replete with gory news of rape and murder, and one such prominent one was the rape and murder of 22 years old Uwaila Vera Omozuwa, an 100L student of UNIBEN. Also, the rape and murder of 18 years old Barakat Bello shortly after. 29 years old Azeezat Shomiyiwa and 21 years old Grace Oshiagwu also suffered similar fates not too long after. And the demoralizing stories continued. 

In a statement released by UN President and Humanitarian Coordinator in Nigeria, Edwin Kallon, he revealed that, "3 of every 10 women have experienced physical, sexual, economic,of psychosocial violence because of their gender". He further stated that, "Though these 3 women knew their perpetrator, only one of them knew about health support available, and only one would approach the justice system as the other two are shameful, and would not speak out of the fear of stigma from community, family, and friends who might place the blame on them for 'not being more careful' or for 'dressing improperly'". 

Gender-based Violence occurs in various forms such as; sexual violence, psychological violence, stalking, forced marriage, child marriage, female genital mutilation, intimte partner violence, homicide and domestic abuse, dating violence, amongst many others. GBV following the COVID-19 pandemic, is known to be equally as damaging, with a lasting consequence on social and all-round development. Hence, the need to combat the crippling ill before it extinguishes the entire human race.

Society and traditions also have a role to play in GBV as reports have shown that despite the adoption of the United Nation's Convention on the Elimination of all forms of discrimination against women in 1985, as well as policies like National Gender Policy of 2006, inequality stills remains yet to be tackled. This is largely due to unhelpful cultural and structural practises that greatly marginalize women's participation in all spheres of life. This, without a doubt, has influenced the surge in GBV as women are mostly viewed as citizens whose voices do not deserve to be heard, and some traditions and societal rul go as far as giving women barbaric titles such as"properties of husbands", hence should be disciplined in whatever form should any wrongdoing arise. Julia Godunova, the Deputy Head of the Board of the Eurasian Women's Network on AIDS, spoke about studies in Eastern Europe and Central Asia that shows that more than 79% of women who survived violence do not seek help because of perceived shame. Aisha Alhassan, the former Minister of Women's Affair, further alluded to this "perceived shame" or "silence culture" in a statement released during a news briefing in Abuja to mark the 16 days of activism to end violence against women and girls. She stated that, "women and girls may suffer violent acts in household and within the family which could be habituated by socio-cultural attitudes and traditions".

GBV is a grievious crime against humanity and a grave infringement on the human rights of women and young girls. This heinous act is not restricted to only offline violence but has over the years extended to online violence (more prominent following the COVID-19 pandemic) and appears in the forms of; online bullying, cyberstalking, hate speech, defamation, public shaming, sex trolling, zoom bombing, amongst many others. While men are also victims of online violence, it rapidly becomes sexualized hate or threats where women are concerned. This merely shows the deeply-entrenched gender inequalities in our society.

GBV in Nigeria prior to COVID-19 pandemic, has been heralded by a lack of or inadequate coordination amongst stakeholders, poor implementation of legal policies, etc which has hampered government and civil society efforts to address gender based violence. The little efforts put to combat GBV have been further impaired following the lockdown measures carried out to curtail the spread of the coronavirus. This made survivors unable to access centres and shelters, leaving them to depend on the "little" help from hotlines to receive support. Also, the mobilization of police unit in enforcing lockdown, led to shrinking capacity to respond to calls for help. Postponement of court proceedings have also gravely contributed to the surge in GBV, as protection (of victims) and restraining orders against perpetrators were absent, leaving the victims to live in perpetual fear.

Closure of schools also increased the incidence of child marriages and teenage pregnancies, especially in areas where girl child education is undervaluer, as families were forced to make sacrifices by marrying off their daughters to alleviate economic constraints. 

There is a no gainsaying that the effects of the COVID-19 pandemic threatened to bury the little progress made in tackling GBV. Nevertheless, Nigeria must take constructive and deliberate efforts to promote a more gender inclusive society, where the rights of women and girls are protected and equal opportunities for all is upheld.

Also, conscious efforts should be made in documenting data and fostering transparency on GBV, in order to bring to light the grave impact of this crippling ill on societal development.

Government should also place priorities on women and girls right by funding women's right organizations, through the Ministry of Women's Affairs to allow for swift response and better help provision to victims and/or survivors. 

Government should unceasingly mount pressure on all States to embrace and implement the Violence Against Persons Prohibitions Act, a policy enacted in 2015 in response to the long standing problem of gender based violence in Nigeria. Currently, only 16 out of 36 states have adopted legislation needed to implement the VAPP ACT. This is not good enough as State-level remains critical in tackling GBV. State laws will provide the legal support needed to punish the perpetrators of the act as well as provide support to victims or survivors in whatever means necessary.

Furthermore, public education on "silencing the 'hush-hush' culture", by speaking up should be preached both offline and online with a strict adherence to the promise on anonymity, amongst others.

State and Federal tasks force and legal system should be charged with the honourable responsibility on tackling GBV through prevention and protection(of victims) and punishment of offenders.

The health sector plays an important role and must be fully equipped, have skilled health workers at the forefront of handling GBV cases in the aspect of adequate care of victims, reliability on timely response and collection of GBV evidence. 

Most importantly, we should all remember that the fight against gender inequality belongs to us all and the subjugation of one gender should be abhorred. Irrespective of gender, class, race or creed, we should all come together to eradicate this social ill from our society and the world at large.

#Say "NO" to GBV

Off Your Mic Versus Soro Soke: A Tale of Two Generations

For us in Nigeria, the past few days have hosted a battle between the wrongs in our existing systems and what the future holds for us. With the series of protests running across the country daily, one can tell that this is more of a revolution than it is a protest. As it is, the issues raised are bigger than the EndSARs that birthed them.

After being willed into existence from Lord Lugard and Miss Shaw's colonial laboratory of artificial insemination, Nigeria has lived with multiple issues affecting her system. The bulk of these problems do not get solved because each administration shifts it under the sheets after each tenure. The ones who barely try to address these issues do so with partial attention. At the same time, there has been massive looting and disrespect to what democracy means in saner climes. 

 

All you have read is a summary of the first generation. The generation that prefers to off the mic, leave issues as they are, cover up crimes and fix makeups for consciously inflicted bruises.

 

Read also: Biography of Actress Kehinde Bankole

 

Why the Protest?
The reason for this is not far fetched - the almighty acts of the Special Anti-Robbery Squad (SARS), police brutality and extra-judicial killings. However, it has birthed a million more reasons. As it is, it may lead to a total revolution because it seems to be the mother of all protests.

 

Is this the Revolution?
Unlike Omoyele Sowore’s #RevolutionNow protest in 2019 shortly after his presidential ambition was dashed and the clamoured need for a reform, this new revolution looks like it has come to stay. The facts lead that there is no leader for this revolution because everyone leads by acting in their capacities. The only available energy that drives them is a need for a total reform and restructuring of Nigeria.

 

The Revolution
Soro Soke is a fast emerging Yoruba slang which literally means "Speak louder". Nollywood actress Toyin Afolayan, better known as Lola Idije, is credited to have buzzed the internet with this Yoruba slang as she had mentioned it in a movie. Defining it in the Nigerian context, it is a proper wakeup statement to say to an oppressed individual who won't speak up due to fear, oppression or whatever. This rings a bell and plays perfectly to the tune of these protests - that Nigerians have suffered long enough to be silent.

In the words of Edmund Burke, "All that is necessary for the triumph of evil is that good men do nothing." As this is fast coming to reality in Nigeria, it is necessary to consider the fact that many new faces will visit the scene of mainstream public political power, many of which will be visiting politics for the very first time or perhaps, have only observed from a distance. From the management of the protests so far, it is more than revealing that these hands seem very ready to work and be accountable for everything placed under their watch.

 

Maybe this is the responsibility we have waited for. Maybe not. But certainly, the Soro Soke generation will leave heavy footprints in the sand of time.

Full List of Past Winners of Big Brother Naija and what They now do for a Living

This are all what you need to know about BBNAIJA past Winners' Biographies, careers and how they won the show.

Big Brother Naija is a reality Television Show In Africa, Hosted By Africa Magic. The Live show is done yearly and each lasts for Three Month duration.

Photo: Big Brother Naija Logo | Image credit: BbNaija

We shall take you through all the past Winners of #BBNAIJA and what they do for a living. Also, to update you on tactics used by some of the Housemates and how to prepare you well for a successful BBNAIJA Audition and possible tactics to use.

As we all know that the BBNAIJA comes with hot Seasons and theme. Let us take you through all the past winners of the Big Brother Naija Reality TV Show and what they now do for a living.

The popular reality TV show, Big Brother Naija returns with season 7 and its organisers have announced a grand prize of 100 million Naira for the 2022 level up edition.

Past Seasons and Winners Of BBNAIJA; Biography

The first season of the Big Brother Naija reality TV show was aired from March 5 to June 4, 2006. It then went off-air for 11 years until it made a comeback in 2017. Since it first aired as ‘Big Brother Nigeria’ in 2006, there have been six successful seasons of the show.

The show comes with lots of benefits and prizes for both winner and Housemates who win any of the games during their stay in the Big Brother  Naija House.

Here are the winners of the last seasons and what they have been up with their stardom and fame.

1. Who won the BBNAIJA Season One?

Big Brother Naija, Season 1 (2006), was won by Katung Aduwak

Katung Aduwak, First BBNAIJA Winner

The first-ever season of Big Brother Naija was held from 5 March to 4 June 2006 and at that time was called Big Brother Nigeria. The show was hosted by Michelle Dede and Olisa Adibua and saw a then 26-year-old Katung Aduwak emerge the winner.

Currently, he’s doing well for himself, over the years he got his directorial degree from the Digital Film Academy in New York. He is now a filmmaker, he produced and directed the movies “Unwanted Guest” and “Heaven’s Hell.” He also directed a number of music videos for Chocolate City, Styl Plus, Gabriel Afolayan and starred in EbonyLife TV’s “Desperate Housewives.” he is indeed making fortunate.

Do make sure you keep reading as we shall unveil how you can prepare for the next Big Brother Naija Audition and how to win. Let's go to the next edition which was aired eleven Years after the first edition.

2. Who won the BBNAIJA Season Two?

Big Brother Naija, Season 2 (2017), was won by Michael Efe Ejeba.

Michael Efe Ijeba, BBNAIJA Season 2 Winner

Over a decade after the first season of realty TV show, it returned again and entitled Big Brother Naija. It was themed “See Gobe” and premiered in January 2017 and saw 22 contestants vying for the N25 million grand prize.

The show started gaing ground by then, as the Ex-housemate, Ebuka Obi-Uchendu from season one hosted the show that saw Efe Ejeba emerge the winner.

Following his emergence as winner of the show, he moved from Jos to Lagos in order to kick-start his music career, The rapper released an EP called “Lagos EP.” He also collaborated with superstar Afrobeat rapper, Olamide on the song “Warri.”

3. Who won the BBNAIJA Season Three?

Big Brother Naija Season 3, 2018, was won by Miracle Igbokwe.

Miracle Igbokwe, Winner of the BBNAIJA, Season 3

The show returned for its third edition on 28 January 2018 and was themed “Double Wahala”.

Again, Ebuka returned as Host for the 12 weeks that the show aired. 20 housemates competed for N25 million cash prize. 

At the end of the season, Miracle Igbokwe from Imo state won the grand prize. He was presented with a brand new Hyundai Tucson SUV, a N25 million cheque, home appliances worth N3 millon and a trip to an exotic location for two to total N45 million worth of prizes.

He became the Imo state education ambassador and he acquired his Private Pilot Licence.

4. Who won the BBNAIJA Season Four?

Big Brother Naija Season 4 (2019), was won by Mercy Eke, she is the first Female to emerge as BBNAIJA winner.

Mercy Eke, Fourth Winner of BBNAIJA

The fourth season of reality TV show, Big Brother Naija launched on 30 June 2019 and was tagged “Pepper Dem.” Unlike previous seasons, the show held in Nigeria and aired for 99 day, with 26 contestants vying for the N60 million worth prizes. For this season, Bet9ja Coins were introduced as a new house currency.

Mercy Eke emerged the winner of the show and became the first female to win the reality TV show. She carted home a whopping of N60 million, including N30 million cash, N25 million worth of Innoson Sport Utility Vehicle (SUV), a trip to Dubai and other amazing prizes.

5. Who won the BBNAIJA Season Five?

Big Brother Naija Season 5 (2020) was won by Olamilekan “Laycon” Agbeleshe.

Olamilekan Agbeleshe Laycon, BBNAIJA, Season Five Winner

The Season five edition of the Big Brother Naija came during the pandemic. Many had thought the show will not be aired due to the lockdown and covid-19 social distancing; but the Organizers came up with a fastatsic show with perfect settings to match the pandemic season.

New innovations were brought to the house, to give the Housemates and viewers the best of the show. Been the lockdown edition, many homes watched the show and the show gained more boost than ever before.

Fondly called by his stage name- Laycon, the president of the Icons ― as his die-hard fans are called, he is the winner of Big Brother Naija Season 5, also known as Big Brother Naija: Lockdown.

As a son of Ogun State in the South-Western part of Nigeria, Laycon was honoured by his state Governor, Dapo Abiodun, as a Youth Ambassador.

He was not just honoured with the appointment, he was also given a sum of N5m and a house. It should be noted that Laycon was the first BBNaija lockdown housemate to be verified on Twitter.

Many would say that Laycon got his game perfectly well in the House, as he never takes stand in any argument to warrant the other housemates having eyes on him. Erica was one of his rivals in the house, before she got disqualified on the show after she "body-shamed" Laycon on the live show.

Currently, Laycon is into Music and he is doing well in his career, coupled with lots of endorsement deals.

6. Who won the BBNAIJA Season Six?

Big Brother Naija Season 6 (2021) was won by White Money.

Hazel Oyeye Onou, WhiteMoney, Season Six Winner Of BBNAIJA

Hazel Oyeye Onou popularly known as Whitemoney, a 29-year-old entrepreneur emerged winner of the reality show, ‘Shine Ya Eye’ edition with a whopping of N90m grand prizes.

Whitemoney is one of the most noticed housemates in the house, with his special cooking skills, he got loved by other Housemates and Fan. 

Whitemoney who is currently basking in the euphoria of the moment has built a name for himself in the field of entrepreneurship. Aside his developing music career, he has badged lots of endorsement.

7. Who won the BBNAIJA Season Seven?

Ijeoma Josephina Otabor, Phyna is the winner of BBNAIJA, season 7

Phyna wins the BBNAIJA Season Seven, level up edition. With the full name- Ijeoma Josephina Otabor, a 25-year-old content creator, hype girl, who also does a standup comedy considers herself jovial and maintains she is allergic to gossip. 

Phyna is the second female to emerge as BBNAIJA winner.

Phyna BBNaija was declared the winner of the Season 7 of the Big Brother Naija show with the theme, ‘Level Up,’ leaving Bryan as the first runner up.

Read more: Phyna; Biography And Her Winnings

A new twist has come on big brother Naija, as the season eight is tagged Big Brother Titans.

8. Who is the winner of Big Brother Titans season one?| Who is the winner of Big Brother Naija season Eight? 

South Africa Housmate, Khosi has emerged winner of Big Brother Titans reality TV show 2023 edition. The winner goes home with $100,000 grand prize.

Poetry: Found

"And when I saw her"

"I could not forget"

"Her eyelids dropped"

"Her hair seemed wet"

"She seemed not to know"

"That I was he"

"She'd always been let down"

"Unlucky in love,you see"

"And yet I was opportuned"

"To ask her hand"

"She looked and said"

"You build castles in the sand"

"I knelt and uttered"

"Let me be your knight"

"For even one as fair as you"

"Needs someone to fight"

"So here I stand"

"On the brink of insanity"

"Knowing ders no such love"

"As that with two who are crazy"

Amos George

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

Akintunde Esan, Esq.

A. Introduction

There are a lot of misconceptions on the position of the Law regulating Landlord and Tenant relationship in Nigeria, particularly in Lagos State which has the highest number of Landlords and Tenants in Nigeria.

This edition focuses on some key points of the Lagos State Tenancy Law
enacted in 2011 which every Landlord android  Tenant in Lagos State ought to know in order to avoid evitable embarrassments, trauma , disputes, court cases, imprisonment or payment of fines or damages.
B. 12 Important Points of Law to Note

1. Landlord: The person entitled to the occupy ate  reversion of the premises

2. Tenant: Includes a sub-tenant or any person occupying any premises whether by payment of rent howsoever or by operation of law and not persons unlawfully occupying any premises under a bona fide claim to be the owner.
In African Petroleum Ltd v. J.K. Owodunni (1991) LPELR-213 (SC) , it was held by the Supreme Court per
Nnaemeka Agu,JSC at p. 27, para B illuminated that:
"A tenant who enters upon premises by reason of a contract with the landlord is a contractual tenant. Such a tenant holds an estate which is subject to the terms and conditions of the grant. Once that tenancy comes to an end by effluxion of time or otherwise and the tenant holds over without the will or agreement of the landlord, he becomes a tenant-at-sufferance. This is strictly a common law concept.
But sometimes there is a statute which gives security of tenure to such a tenant after his contractual tenancy has expired. When: such a statute exists he now holds the premises no longer as a contractual tenant because there no longer exists a contract between him and the landlord. But he none-the-less retains possession by virtue of the provisions of the statute and is entitled to all the benefits and is subject toall the terms and conditions of the original tenancy."

3. "Tenancy" Means holding of interest in land or property by a tenant under a tenancy agreement.

4. Tenancy Agreement: An agreement whether written or oral , express or implied between a landlord and a tenant regarding possession of premises and use of common areas and includes leases and sub-leases.

5. Notice to Quit: Where there is no agreement or Tenancy Agreement as to the notice to be given by either party to determine the tenancy, The nature of a tenancy shall, in the absence of any evidence to the contrary, be determined by reference to the time when the rent is paid or demanded as follows -
a tenant at will – one (1) week’s notice
a monthly tenant - one (1) month’s notice
a quarterly tenant - three (3) months notice
a half-yearly tenant - three (3) months notice
a yearly tenant – six (6) months notice
Though,  it is settled that, a notice to quit in order to be effective ought to determine the tenancy at the end of the current term of the tenancy, however, under the Lagos State 2011 Tenancy Law a notice to quit need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy. S.13(4).

6. Payment of Advance Rent:

a. A sitting or new tenant who offers or pays rent in excess of one (1) year for a yearly tenancy and six (6) months for a monthly tenant shall be guilty of an offence and shall be liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to three (3) months imprisonment.
b. A landlord or his agent who demands or receives from a sitting or new tenant rent in excess of six (6) months from a monthly tenancy and one (1) year from a yearly tenant in respect of any premises shall be liable on conviction to a fine of
One Hundred Thousand Naira (N100,000.00) or to three (3) months imprisonment.

7. Ejecting a Tenant:
a. It is a criminal offence for a Landlord to demolish, alter or modify a building
with a view to ejecting a Tenant and
without the approval of the Court ; or
b. It is a criminal offence for a Landlord to attempt to forcibly eject or forcibly ejects a tenant.
c. It is a criminal offence for a Landlord to threaten or molest a tenant by action or words, with a view to ejecting such tenant.
d. It is a criminal offence for a Landlord to wilfully damages any premises with a view to ejecting a Tenant.
e. Any Landlord found guilty of a, b, c and d above shall be liable to a fine not exceeding Two Hundred and Fifty Thousand Naira (N250, 000.00) or a maximum of six (6) months imprisonment and any other non-custodial disposition. S. 44.

8. A Licensee means a person who comes into occupation by mere permission, without the creation of a landlord and tenant relationship and has no estate or legal interest in the premises. Where a person is a licensee and upon the expiration or withdrawal of his licence, he refuses or neglects to give up possession, he shall be entitled to service of a seven (7) days’ notice of the owner's intention to apply to recover possession.

9. Grounds for Application for Order of Possession (S.25) : Unless are are  Tenancy Agreement expressly stipulates otherwise, the Court shall have power to make an order for possession upon proof of any of the following grounds –
a. arrears of rent;
b. breach of any covenant or agreement;
c. where the premises is required by the landlord for personal use
d. the premises is being used for immoral or illegal purposes;
e. the premises has been abandoned;
f. the premises is unsafe and unsound as to constitute a danger to human life or property; or
g. the tenant or any person residing or lodging with him or being his sub-tenant constitutes by conduct, an act of intolerable nuisance or induces a breach of a tenancy agreement.

10. Abandoned Premises (S. 15): A premises will be deemed to be abandoned where the-
a. tenancy has expired ;and
b. Tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises.

11. Premises: Includes premises used for business, residential and non-residential purposes.

12. The Lagos State 2011 Tenancy Law is not applicable in Apapa, Ikeja GRA., Ikoyi, and Victoria Island.

C.Conclusion

Most of the Landlord and Tenant disputes are based on misunderstanding of the expectations of the parties the Landlord is an investors who wants returns from his or her property, while the Tenant is a consumer who wants value for his or her money.
Though, there are terms which are statutorily implied in a Landlord and Tenant contract, it is better to have a
Written Tenancy Agreement where some common areas of dispute would have been proactively sorted out in advance. I have seen many Landlords shoot themselves in the foot by not consulting a Lawyer for a standard Tenancy Agreement or before attempting to eject a Tenant from their Premises.

Copied By
Wale Adeagbo Toheeb, Dir. Of Litigation
Justice Chambers
Obafemi Awolowo University, Ile-Ife, Nigeria.