DECEMBER TO REMEMBER : WORLD AIDS DAY

Happy New Month everyone, we appreciate your effort over the weeks towards making this blog bigger ,God bless you all.

Each time you visit and read our posts we are notified,this affirm to us that you appreciate what we do,we promise to always be at your service.

Happy World AIDS day to all blog visitors living with AIDS, we love you and always remember that AIDS is just a status and this status does not change your constitutional rights enshrined in chapter IV of the constitution federal Republic of Nigeria .

Stay blessed!!

Oyenike Alliyu-Adebiyi LLB(hons) BL

BIGAMY

A person is said to have committed bigamy where he contract marriage with another person while still legally married to another. That is Mr. A got married to Mrs. Z in Oshodi, Lagos, Mrs. Z went to Ibadan to marry Mr. J while there is still a subsisting marriage between Mrs. A and Mr. Z.

Western countries frown at bigamy

BRIBERY AROUND THE WORLD

The Nigerian Football Federation slams 10 years ban on Oyo FA boss, Barrister Olaleye Adepoju and the  former commissioner for sport in Oyo State Mr. Dapo Adesina, the son of the former governor of Oyo state and an APC chieftain Late Chief Lam Adesina on all sporting activities over an allegedly giving bribe of N1.5 Million to influence a decision in favor of Shooting Star Sport club of Ibadan against Sunshine stars of Akure.

This decision was reached following recommendation by the investigative committee headed by Mr. Chris Green, this submission was reached after proving the case beyond reasonable doubt.

What is bribery?

Bribery is the offering, giving, receiving or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his/her public or legal duties. 

Corruption is an endemic disease that has eaten up every facet of the Nigerian country. Corruption has become our tradition, a way of life which hardly will you get anything done except through bribery.

Ranging from public office holders, civil servants, Teachers in schools, Administrators, office support staffs and politicians.  Political corruption is not a recent phenomenon that pervades Nigeria.

Nigeria is ranked 139^th out of 176 countries in Transparency International 2012 corruption, there have been reported misuse of resources for personal enrichment. 

Bribery around the world

Nigeria: chapter 12, part iii-iv section 98(b) of the criminal code act provides that   any public officer, who corruptly asks for, receives or obtain any property or benefit any kind for himself or any other person: or bribe is guilty of felony of official corruption and is liable to imprisonment for seven years. 

United States o America: the general federal bribery statue punishes the offense of bribery in the US whoever directly or indirectly corruptly gives, offer or promises anything of value with intent to influence that person’s official act will be fined for the offense of bribery. The punishment prescribed by the statue is a fine of an amount not more than three times the monetary equivalent of the thing of value or imprisonment for not more than fifteen years or both.

United Kingdom: Bribery Act 2010, the penalties for committing a crime under the act are a minimum of ten years along with unlimited fine and potential for the confiscation of property.

China: In china any person found guilty and convicted of bribery shall be sentenced to death.

Considering the level of corruption in Nigeria , do you think the punishment prescribed under the criminal code is sufficient, if yes state your reasons or which of the laws of these other countries discussed should be adopted.

Do you know allegation of bribery can ruin your career and personal reputation? If you are found guilty and convicted you can face fines and jail term as well. To ensure best possible reputation resolution, you need a lawyer. Schedule a consultation today.

Thank you.

Oyenike Alliyu-Adebiyi Llb(hons)BL

CAPITAL OF KIDNAPPING ; NIGERIA

Nigeria has become one of the kidnapping capital in the world, the rate at which people are being kidnapped in Nigeria on daily basis is so alarming that it has affected the country in all aspects, from foreign investors not wanting to come to Nigeria even those already in the system are rounding up their businesses out of the fear of being kidnapped.

This has no doubt affected good governance in the country; I have not seen any form of distraction that is greater than this and it affecting the present administration.

Kidnapping started in the southern part of the country as a means to get the attention of the government to degradation of people in the Niger-Delta area of the country but unfortunately it has gone beyond that today, as it is now seen as a means of making money by demanding ransom from families of the victim of kidnap, it is also used for political reasons to mention a few. 

What are the factors encouraging kidnapping in Nigeria?

Failure of the government to provide basic amenities for the citizen is the number one factor, as we can see it was because of this that kidnapping started in the Niger Delta making militant a profession. Unemployment is another,one millions of youths graduates yearly without jobs, the use of unemployed youths as political thugs by our politicians is a major contributor, they most time share guns to them to carry out these duties and these guns are never retrieved from them. Our security system is nothing to write home about.

The National Assembly (House of Representatives) has put forward a new law prescribing a life jail term for anybody found guilty of kidnapping and abduction of any kind, ten years for anyone abetting the crime.

Edo state government under the leadership of Comrade Adams Oshiomole has signed a bill into law amending the kidnapping law 2009 as amended by the state house of assembly which now prescribes death penalty for anyone who is involved in any form of kidnapping.

We hope other states that are yet to pass kidnapping law will do so at the earliest possible time maybe this will deter people from engaging in kidnap.

We appeal to the government to put the citizens first, by so doing crime rates will reduce drastically in our country.

NIGERIA MY COUNTRY!!!

Thank you.

Oyenike Alliyu-Adebiyi Llb(hons)Bl

THE IMPLICATION OF ISSUANCE OF DUD-CHEQUES

According to corruption report by Anti corruption Transparency International (TI), and through its 2013 Global Corruption Barometer which surveyed resident in 107 countries, Nigeria was ranked 8^th most corrupt country in the world.

This amongst other previous reports made the Apex bank look into the causes of corruption in the country which issuance of dishonored cheque was said to be one. The CBN disclosed that over 167,507 dud cheques with total value of N166 Billion were processed by deposit money banks between January and December 2012.

What is dud/dishonored cheques?

This is the issuance of cheques against unfunded accounts. It is a cheque in print from promising to pay money, that has no value because the person who has written it does not have enough money in their bank account to pay for it.

Which Law governs issuance of dud cheque?

This is the Dishonored cheque offences decree of 1977, which stipulates the framework for ensuring strict eradication of dishonored cheques in financial system.

The central Bank of Nigeria has opted for the prosecution of offenders under the dishonored cheques popularly known as dud-cheques .

The dishonored Cheques Act of 1977 stipulates a two years jail term for anyone who issued  dud-cheque to a third party, this act has not been effective until lately when the CBN governor in person of Mr Lamido Sanusi made fresh measures to eradicate dishonored cheques from the banking system in Nigeria.

All suspects are henceforth to be handed over to the Economic and Financial Crimes Commission to prosecute offenders.

The CBN cannot do this all alone except through the help of all the 25 banks in Nigeria, they have also been directed to intensify their campaign against the practice by pasting posters in the conspicuous area of the banking hall to educate both the issuer  and victims of dishonored cheques and also to inform the EFCC accordingly when the offense is committed.

It is the duty of the EFCC to take the matter up on behalf of victim and the bank.

As part of the effort to address the issuance of dud-cheques, the CBN has directed all banks to identify customers who have issued dud cheques on three instances with effect from July5, 2013 which will later be forwarded to EFCC.

If you have issued dud-cheques at least three times since July 5, 2013 then don’t sleep with both eyes closed.

Note that the issuer of dud-cheque may bag a 7 years jail term if the bill seeking 7 years jail term sent to the National Assembly is passed.

Thank you

Oyenike Alliyu-Adebiyi Llb(hons)Bl

DOMESTIC VIOLENCE AROUND THE WORLD

Domestic violence is also known as domestic abuse, spouse abuse, family violence, and intimate partner violence.

TAX EVASION

The ongoing investigation by the special enforcement unit of the Federal Inland Revenue service on the allegation of N6.8BN tax evasion leveled against chief Jimoh Ibrahim remind me of Vaswani brothers that were deported by Nigerian government during President Olusegun Obasanjo’s tenure for tax evasion.

If chief Ibrahim is found guilty where will he be deported to, Ondo State where he hail from? LOL

Allingham & Sandimo ,1972 said the desire to uplift one’s society is the first desire of every patriotic citizen. If this is true then tax payment is a demonstration of such desire.

Tax payment is a civic duty and an imposed contribution by the government on their subjects and companies to enable her finance or run public utilities and perform other social responsibilities.

The major source of income in developed countries like the United Kingdom and United State is by payment of tax due to citizens and organizations.

Tax evasion is the illegal evasion of taxes by individuals, corporations and trusts. it often entails taxpayers deliberately misrepresenting the true state of affairs of their tax liabilities and dishonest tax reporting such declaring less income, profit or gain other than the amount actually earned or over stated deduction.

Tax evasion and avoidance are problems that face every tax system, the Nigerian situation seem unique when viewed against the scale of corrupt practices prevalent in Nigeria ,the major problem lies in the collection of the taxes especially from the self employed businessmen/women, professional ,traders in their shops among others.

When are you expected to pay tax?

·         As a general rule ,income on a property (rent, hire, lease or payments on rights) situated in Nigeria is liable to tax.

·         Oil producing companies on petroleum companies operations are liable to pay tax.

·         Tax are to be paid on use of patent ,trademark

·         Consultancy/professional management are expected to pay tax

·       Any individual, corporation or organization that consumes, buys , procures or import taxable goods or services is liable to pay tax.

Causes of tax evasion in Nigeria 

The causes of tax evasion and avoidance are universal as they are applicable in any country that tax is imposed.

·   Absence of quid pro quo meaning there’s absence of something of value given in return by the government

·         Inequalities distribution of amenities

·         Misappropriation of collection made by government

·         Remoteness of tax payers from government

·         Absence of spirit of civic responsibility

Tax evasion is a crime and any person found guilty shall be liable for a term of imprisonment. 

Oyenike Alliyu-Adebiyi Llb(hons)Bl