COMPANIES AND ALLIED MATTERS ACT 2020 : THE ''CONTROVERSIAL" SECTION

 Dear readers, 

Growing up, I have heard people say "Knowledge is Power" but do you think knowledge not put into use is also power? Lets put into use our knowledge so it becomes power to us.

I will be discussing the Companies and Allied Matters Act 2020 assented by President Muhammad Buhari especially the "controversial" Section 839  which has received knock from Religious leaders. Section 839 subsection (1) empowers the commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association where it reasonably believes that-

(a) There is or has been misconduct or mismanagement in the administration of the association.

(b) where it is necessary or desirable for the purpose of (i) protecting the property of the association, securing a proper application for the property of the association towards achieving the objects of the association, the purpose of the association of that property or the property coming to the association and most importantly to protect public interest.

FUNKE AKINDELE : PEROGATIVE OF MERCY

In Criminal law what serves as deterrence is not the severity of punishment but the certainty of punishment -TW

FUNKE AKINDELE-BELLO & COVID-19

The Lagos State Police Command has arrested Nollywood Actress Funke Akindele-Bello  for violating the Social distancing directive of the state by throwing a lavish party for her husband Abdul-Rashid Bello inviting about Forty guests to her  house party.



It is pertinent to note that there is a global pandemic , Corona Virus which has killed Thousands of people across the globe including Nigeria with Lagos State having the highest number of cases in Nigeria.The Lagos State under the leadership of Governor Babajide Sanwoolu is doing his best to curtail the spread of this deadly virus and has ordered an immediate slow-down of activities, prohibition of large gatherings, social distancing measures, partial and full closure of public offices in the ever bustling mega city.

COVID-19 FORCE MAJEUR /ACT OF GOD

This post is specifically for business owners and associates as disputes affecting declaration of Force Majeure  from the impact of COVID-19 seems to be unavoidable.

An 'Act of God' is simply an unpredicted natural event while the Force Majeure is simply the clause included in contract to remove liability for natural and unavoidable catastrophe that interrupts the expected course of events and restricts parties from fulfilling an obligation.

Cremelawyer's Blog: SENTENCE: WHERE DISCRETION OF THE COURT IS APPLICA...

Cremelawyer's Blog: SENTENCE: WHERE DISCRETION OF THE COURT IS APPLICA...: A business woman, Doyin Adebowale Adekoya has been sentenced by Justice Hakeem Oshodi of the Lagos State High Court to Six Months Communit...

SENTENCE: WHERE DISCRETION OF THE COURT IS APPLICABLE

A business woman, Doyin Adebowale Adekoya has been sentenced by Justice Hakeem Oshodi of the Lagos State High Court to Six Months Community Service bothering on a   N20,547,000 Fraud on a Nine count charge bordering on stealing, conspiracy  and Obtaining Money under false pretense...............Culled from Instablog

Cremelawyer's Blog: DEATH SENTENCE: LEKAN SHONDE

Cremelawyer's Blog: DEATH SENTENCE: LEKAN SHONDE: Lekan Shonde has been sentenced to death by Hon Justice Oyefeso of the Lagos High Court after finding him guilty of the death of his wife ...

DEATH SENTENCE: LEKAN SHONDE

Lekan Shonde has been sentenced to death by Hon Justice Oyefeso of the Lagos High Court after finding him guilty of the death of his wife ,Ronke on the 5th of May 2016 at their residence in Egbeda Lagos.

The couple were blessed with two children. 

I commend the effort of the Honorable Justice for this judgment but its important to educate ourselves on Sentencing and remedies available to the accused person, Mr Lekan Shonde

ACTRESS MONALISA COKER: TAX EVASION

Actress Monalisa Coker has been issued a Bench Warrant by Justice Adedayo Akintoye of the Lagos High court over Tax Evasion.This is over no-remittance of Annual Tax Returns and Personal Income Tax for  Six years.

As always for the purpose of this discussion we shall educate the readers on few payable Taxes and how its paid.

A. PERSONAL INCOME TAX: is distinct from Tax paid by companies , it is a tax paid by owners from their income  i.e Salary or dividend from firm (employment or running one's business), there are two major types of Personal Income Tax (PIT)

I. PAY-AS-YOU-EARN: This is a method of collecting Personal Income  Tax from employees salaries and wages through deduction at source by employer as provided by Section 81 of the PERSONAL INCOME TAX CAP P8 LFN 2011

II. TAXES FROM SELF EMPLOYED PERSON (DIRECT ASSESSMENT): This is an assessment raised directly on self self employed persons (Professionals, Landlords, Traders etc) This self employed person will without notice file a return of Income in the preceding year.

B.VALUE ADDED TAX is a consumption tax paid when goods are purchased or services are enjoyed, VAT is a tax levied on consumption and is collected by the FIRS on behalf of the  Federal Government of Nigeria and is shared by Federal, State and Local Government based on statutory formula.

This is compulsory for all business entities even though some businesses are exempted i.e Medical Services, Plays and Performances conducted by educational Institutions as part of learning and all export goods.

Lastly, entertainment Services like that of the beautiful actress is taxable and failure to file returns attracts 150% of the uncollected tax plus 5% interest above CBN re-discount rate.

Contribute to the Nation Building, PAY YOUR TAX.

Thank you 

Oyenike 

MERCY AIGBE: CONTROVERSIAL WEDDING DRESS

A disappointed bride with Instagram Handle RETTYPETTY calls out a Nigerian Designer named RIKAOTOBYME, Maryam Elisha who ruined her wedding day by allegedly giving her wedding dress (bride brought the fabric and paid the designer in full) to a Nollywood actress by the name MERCY AIGBE who used same for her 40th Birthday photo-shoot.

This controversial dress must have caused the Nollywood actress a lot as people flooded her page calling her names almost ruining her 40th birthday celebration for her......................CULLED FROM FAMOUS BLOG

In view of the above scenario, we shall be looking at the rights of the parties involved under the law. The parties are the designer, the bride and the Nollywood actress.This is a case of breach of contract.

END SARS - ALL YOU NEED TO KNOW

It is no doubt that Nigerians especially the youth are clamoring that the Special Anti-Robbery Squad be scrapped,the hash tag is seen on all social media handles, before this became popular i remember an Islamic Cleric called my attention to it and sought my opinion on how to report the officers of the Nigerian Police to the appropriate authority as they harass innocent youths in his area by leading them to the Automated Teller Machine to withdraw money after wrongly accusing them, the man further made it clear that the so called officers are so corrupt that they lead the convoy of young boys who engages in internet frauds popularly known as 'yahoo' leaving what they were rightly employed for.

TRAGIC SPOUSE

Mrs Yewande Oyediran, a legal practitioner stabbed her husband, Lowo to death after an argument ensued between the couple over an allegation of infidelity, the accused was charged on one count charge of Murder , the prosecution relied on the evidence of the landlord and one other witness and the charge was reduced to manslaughter because the prosecution was unable to prove that the accused person intentionally killed the victim who happens to be her husband.

WILL AND TESTAMENTS

HAVE YOU MADE YOUR WILL? I am not ready to die, are you wishing me death? Oh! You were sent by my village people etc These are the answers you get for asking a typical Nigerian whether he or she has drafted his WILL.

In order not to be one of many that would most likely answer with such, please sit back and read why you need a WILL.

PRESIDENT BUHARI & HIS FIGHT AGAINST CORRUPTION

A High Court of the Federal Capital Territory today dismissed all the 18 counts charges including gratification against Justice Adeniyi Ademola of the Federal High Court and his wife, Olubowale Ademola and a Senior Advocate ,Mr Joe Agi.

NIGERIAN SENATE AND MATTERS ARISING

The Nigerian Senate has been involved in quite a number of disquieting situations in recent weeks, the Certificate scandal involving Senator Dino Melaye, a similar case that has landed his colleague in gaol and the suspension of Senator Ali Ndume, a well read and highly controversial legislator.

KNOWLEDGE IS POWER

We may not have power over what others write but we definitely have power to educate people on what is right .I am not throwing shades neither is this write up pointing at anyone, it is just a need to put the wrong right. 

There are so many write ups on the net this

CHILD MOLESTATION: SAFEGUARDING THE RIGHT OF A CHILD

Two men, identified as Adekunle Adesanya and Tolomo Utele have appeared before the Ebutte Metta Chief Magistrate Court on Monday for allegedly raping a 19 years old girl, The accused persons are being tried on a two-count charge of conspiracy and rape, the offences contravened Section 258 and 409 of the Criminal Law of Lagos State ,2011 which Section 258 prescribed Life imprisonment for the offence.

ACTOR, YOMI FABIYI & THE NDLEA

Actor and movie producer , Yomi Fabiyi has threatened to drag the NDLEA to the Supreme Court if they do not act right by paying his colleague Babatunde Omidina (Baba Suwe) the sum of N25 Million awarded in his favor by a court of competent jurisdiction after he was arrested and tortured for allegedly ingesting cocaine in year 2011.He maintained that some pipes used by the agency in their cause of investigation and torture of his colleague has affected his health and he deserved to be compensated.

JUDICIARY V. DEPARTMENT OF STATE SECURITY

The Department of State Sservice DSS, between friday night and saturday morning invaded the house of two Supreme Court Judges,ustices Walter Onnoghen and Sylvester Ngwuta,also two federal High Court Judges,Justice Adeniyi Ademola and Nnamdi Dimgba.

CONSANGUINITY

I got my first question after the first post,without blowing my trumpet some people actually missed me ,i miss you all too especially the way you make me feel after viewing the page-views after every post.....lol. The question goes thus....

Can siblings get married to siblings under our law or is it just a Yoruba thing, so i cant fall in love with my sister in law's brother or my bother's wife's brother'

PROPOSED SALE OF NIGERIA'S NATIONAL ASSESTS

It is no longer news at least on social media that the Federal Government is planning to sell Nigeria's National Assets to individuals, rumor or not, we have decided to educate our readers on the implication of selling Nation Assets, what National Assets are for those who does not know.

National Assets according to google, is a total monetary value of the capital goods and services, including net foreign balance and tangible assets, owned by a nation at a particular period of time , used in a nation's overall economic analysis and planning, these can also be referred to as national net worth.

Nigeria's assets includes but not limited to (a) Nigeria National Petroleum Corporation (b) Refineries (c) Nigeria Port Authority (d) Government Shares etc

We are back.........YES we are

It is a great pleasure to be back again, my sincere apologies for leaving for soooo long without a word from me. I am truly sorry.

Legal blogging is my passion as Law is my first love but circumstances, society, time atimes prevent us from living our dreams. I am not promising the whole world but i will never leave you again, because you care ***Kisses

I say thank you to everyone who checked on me, those who refused to leave or delete me off their Black Berry Mssenger (BBM) , some sent mails which were mostly was ignored by me, i am truly sorry it wasn't intentional. Our New BBM Pin is 5EEF80F5 add us and lets keep educating ourselves.

We shall be educating ourselves as usual by relating law with trends ranging from Politics, Entertainmemt, Marital Issues, Rights of Employers and Employees to mention a few. Also, questions /advise will be treaated.

Thanks for the love always.

Yours

CREMELAWYER
oyenike.alliyu@gmail.com
TWITTER @cremelawyer
IG @ cremelawyer

STATUTE BAR: SUGABELLY V. MUSTAPHA AUDU

A lady by the name SugarBelly on her Twitter handle has alleged Mustapha Audu, son of the immediate past Governorship candidate of the All Progressive Congress Prince Abubakre Audu who died last week before the election was concluded, while the Nation and mostly APC members in Kogi State Nigeria where morning the sudden death of Prince Audu, Sugabelly took to herTwitter handle by calling him monster who deserves to die.

KOGI: DEATH OF GUBERNATORIAL CANDIDATE OF APC

Prince Abubakre Audu, the All Progressive Congress candidate in the yesterday governorship election, reportedly slumped and died this afternoon.It was gathered that he died of undisclosed medical reasons after the Independent National Electoral Commission (INEC) declared his election inconclusive. (May his soul Rest in Peace)

This left several questions unanswered among Nigerians, so i feel its time to break the long silence too.

The Constitution of the Federal Republic of Nigeria on death of governor elect before oath of office.............