Blog & Podcast

DID YOU KNOW?
That Breaking a Promise to Marry is Illegal and Punishable by Law?

In legal terms, a promise to marry is considered a contract, whether made orally or in writing. If this promise is broken, it can lead to legal consequences similar to those faced in the breach of a commercial contract. Since a promise to marry is a contractual agreement, the same legal principles that apply to commercial contracts will apply here as well.

In the case of Ezeanah v. Atta 2004) LPELR-1198(SC), Justice Niki Tobi stated, “…an agreement or contract to marry is a bilateral affair between a man and a woman; both parties must be in agreement regarding any collateral transaction related to the intended marriage, and breach of that promise is enforceable against the person who breaches it.”

However, it is important to note that not every romantic gesture or declaration of love is considered a legal commitment to marry. For instance, living together as a couple does not automatically constitute an offer to marry. For the promise to marry to be legally binding, the essential elements of a valid contract must be present.

If the promise to marry is broken, the aggrieved party may seek remedies through the courts, though it’s important to remember that this breach is a civil wrong. While someone cannot be imprisoned for failing to follow through with a marriage promise, the law can provide compensation in the form of damages, which may include:

• Financial losses

• Compensatory damages

• Punitive damages

• Damages for emotional and psychological harm

It is noteworthy that under Section 383 of the Penal Code (applicable in the northern states of Nigeria), a man who promises to marry a woman as an inducement to cohabit or continue sexual relations may be held criminally liable, with potential imprisonment.

Contributors Dumebi Belonwu & Ayodele Agbedana

DID YOU KNOW?
The State Government is required to issue a public notice to inform the general public of any construction projects that will impact the daily use of roads?

On April 2nd, just after the Eid al-Fitr celebrations, Lagosians hit the roads as early as 5 a.m. in an attempt to beat the usual post-holiday traffic—particularly the infamous congestion along the Lekki-Epe Expressway heading toward Ikoyi. But to everyone’s dismay, they were met with a gridlock that was five times worse than usual.

It was pure chaos. Commuters were seen alighting and trekking en masse, altercations broke out between passengers and conductors over change, and some motorists resorted to driving against traffic. It was nothing short of a transportation nightmare.

Now you may be wondering—what exactly caused the traffic? Let’s get into the legal angle.

The Independence Bridge at Bonny Camp, a major route for commuters, was suddenly closed for maintenance—with no prior public notice. While the maintenance work itself is no doubt in the public’s best interest, the abrupt closure without any official communication violates the standard expectation that government agencies inform the public of such impactful projects.

Why does this matter? Because advance public notice is critical for several reasons: it ensures public safety, aids traffic management, and promotes transparency on the part of the government.

Although there may not be a single, specific law in Nigeria mandating public notices for all road construction projects, several existing laws and regulations support this practice. These include the Federal Road Safety Corps (FRSC) Act, the Highway Code, and the Environmental Impact Assessment (EIA) Act. These laws emphasize the importance of road safety and obligate the government to implement measures—such as signage and public communication—to protect road users during construction activities.

In short, public notice isn't just good practice—it's a safety and accountability measure.

Contributors Dumebi Belonwu & Ayodele Agbedana

Domestic Violence: A Criminal Offence in Nigeria

Domestic violence goes beyond physical abuse—it includes emotional, psychological, sexual, verbal, and economic abuse, all of which are serious human rights violations. While many cases go unreported due to stigma, fear, or cultural pressure, Nigerian law now provides protection and recourse for victims.

The Legal Framework:

The most comprehensive legal instrument addressing domestic violence in Nigeria is the Violence Against Persons (Prohibition) Act (VAPP), 2015. This federal law, enacted to protect individuals from all forms of violence, applies in the Federal Capital Territory (FCT) and has been domesticated in several states.

Under the VAPP Act:

• Physical violence (e.g., slapping, beating, or battery) is punishable by law.

• Emotional/verbal abuse, including insults and psychological manipulation, is considered a punishable offense.

• Spousal rape and sexual abuse are clearly criminalized.

• Economic abuse, such as withholding financial support to punish or control a partner, is also recognized under the law.

• Victims can apply for protection orders from the court, which restrain the abuser and safeguard the victim’s rights.

 Penalties under the Act range from fines to imprisonment, depending on the severity and nature of the offense.

Rights of Victims:
Victims of domestic violence in Nigeria are entitled to:

• Report abuse to the nearest police station or human rights agency.

• Seek medical treatment and request a medical report for evidence.

• File for a protection or restraining order through a lawyer or legal aid organization.

• Pursue criminal charges and civil compensation against the abuser.

• Request counseling or support services, especially in cases involving children or dependents.
  
  

Current Challenges:
While laws like the VAPP Act have laid a strong foundation, challenges remain:

• Not all Nigerian states have domesticated the Act.

• Cultural taboos and societal silence continue to discourage victims from speaking out.

• Enforcement by law enforcement officers is sometimes inconsistent due to lack of training or awareness.
  
  

What You Can Do:

• Educate others about the legal rights and protections available.

• Support survivors by encouraging them to speak up and seek help.

• Engage legal aid clinics or NGOs that support victims of domestic abuse.

• Advocate for the domestication and enforcement of the VAPP Act in all states

Contributors MIstura Oseni & Ayodele Agbedana

LAND TRANSACTIONS MUST BE REGISTERED TO BE LEGALLY BINDING

Purchasing land is a major investment, especially in Nigeria’s fast-growing urban and semi-urban areas. However, many land buyers unknowingly put themselves at legal risk by failing to properly document or register their transactions. According to Nigerian law, a land transaction is not legally complete or enforceable unless it is registered with the appropriate government authority.

What the Law Says:

Under the Land Use Act of 1978, all land in Nigeria is held in trust by the Governor of each state, who grants statutory or customary rights of occupancy to individuals or organizations. This means that private landowners cannot transfer land rights independently without the consent and acknowledgment of the government.

Furthermore, the Land Registration Laws of each state mandate that all conveyances—such as a Deed of Assignment, Deed of Lease, or Mortgage—must be registered with the relevant State Land Registry to take legal effect.

 Why Registration Matters:

1. Legal Ownership Proof:
   Without registration, you cannot obtain a Certificate of Occupancy (C of O) or Governor’s consent, which are the strongest proofs of title to land in Nigeria.

2. Protection Against Fraud or Double Sales:
   Unregistered land can be resold by unscrupulous sellers to multiple buyers. If your title is not registered, you may not be protected, even if you paid in full.

3. Eligibility for Financing and Development Approvals:
   Financial institutions and government agencies typically require registered land documents before approving loans or issuing permits for construction and development.

4. Government Acquisition Risk:
   The government can legally revoke land that lacks proper documentation—especially in urban areas earmarked for public projects.
   
   

Important Steps in a Valid Land Transaction:

• Conduct a land title search at the State Land Registry to confirm ownership and encumbrances.

• Verify the Survey Plan and ensure the land is not under government acquisition.

• Execute a Deed of Assignment, Deed of Sublease, or appropriate title document between buyer and seller.

• Obtain Governor’s Consent (for subsequent transactions).

• Register the transaction at the Land Registry.

Practical Advice:
Engage a qualified real estate lawyer or property consultant to guide you through the transaction process, conduct due diligence, and handle the paperwork. It might seem like an extra cost upfront, but it can save you millions in future litigation or loss.

Contributors MIstura Oseni & Ayodele Agbedana

2, April 2025

THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA CAN DECLARE A STATE OF EMERGENCY?

On the 18th of March, 2025, the President of the Federal Republic of Nigeria declared a State of Emergency in Rivers State. This declaration has sparked widespread legal discussions and public commentaries concerning its legality, constitutionality, intent, scope, and the potential impact on the continued operation of state government functions.

Section 305 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) explicitly grants the President this power and outlines the procedure for declaring a state of emergency. The provision covers various situations that may warrant such a declaration, the duration for which it will be in effect, and the role of the National Assembly in the process.

It is worth noting that Section 305(3)(d) 1999 Constitution of the Federal Republic of Nigeria (as amended) appears to be the most relevant condition in the case of Rivers State. However, it is important to highlight that a valid and legal declaration must follow specific procedures. These include issuing a proclamation of the state of emergency through an instrument published in the Official Gazette of the Government of the Federation. Following this, copies of the Gazette containing the proclamation, along with details of the emergency, must be transmitted to the National Assembly for approval. The National Assembly will then review the situation and decide whether to pass a resolution to approve the declaration.

Until both of these steps are successfully completed, a state of emergency cannot be considered legally valid. 

Contributors MIstura Oseni & Ayodele Agbedana

19 March 2025
PROSTITUTION IS ILLEGAL IN NIGERIA

In recent years, the term "hookup" has become a rebranded way to refer to prostitution, making discussions about it more common in public spaces. Some even refer to it as a legitimate work title. However, what many Nigerians fail to realize is that engaging in prostitution remains illegal under Nigerian law.

A recent ruling by Justice James Omotosho of the Federal High Court in Abuja reaffirmed this legal position. The plaintiffs in the case sought a declaration allowing women suspected of engaging in prostitution to operate freely, without harassment, intimidation, arrest, or prosecution. However, the court dismissed the suit, stating that prostitution is not a legally recognized right in Nigeria.

The legal framework governing this issue is clear. Section 223 of the Criminal Code criminalizes procuring a woman or girl for unlawful carnal knowledge, carrying a penalty of up to two years in prison. In Southern Nigeria, particularly Lagos, laws such as Sections 223, 224, and 225 of the Criminal Code and Sections 405(2)(d) and 407 of the Penal Code further prohibit related activities, including pimping, brothel operations, and underage prostitution. Notably, offenders can be arrested without a warrant.

While some argue that Nigerian law does not explicitly criminalize prostitution itself, the court’s ruling underscores that it is not legally recognized or protected. As legal professionals, it is crucial to understand the implications of these laws and how they shape law enforcement practices in Nigeria.

Contributors MIstura Oseni & Ayodele Agbedana