Trust law and the administration of real property in nigeria ibrahim abdulkarim department of private law, faculty of law ahmadu bello university, zaria, nigeria email. Settlement of property in divorce proceeding in nig eria settlement of property is the transfer of property of a party or jointly owned to the other spouse. Intellectual property ip is a generic term that describes creations of the intellect in relation to which the law ascribes exclusive right of appropriation to the designated owners. Notwithstanding the importance and growth there are still some challenges faced in this field. Lawnigeria nigerian legal resources, intelligence and. Nigerias constitution provides that the federal government has responsibility for protecting the countrys forests. Trust, administration, law, real property introduction under the common law, land means more than the physical soil. Although the law in nigeria would appear not to stipulate a time frame, it must be understood that the landlord and tenant are in contract and it is only when both parties agree that any changes can be made to that contract. Anybody that has had dealings in the real estate sector in nigeria, particularly in the urban areas like lagos and its environs will know the numerous dirts and risks associated with land acquisition and development. V the purchaser on a sale examines into the vendors title and approves of the conveyance at his sole cost. Rights of a tenant in nigeria by onyekachi umah, esq.
Securities to which the act applies 1 this act shall apply to. An act to facilitate the investment of trust and other funds in nigeria in locallyissued securities, and for purposes connected therewith. Under the act, the owner of a trademark generally has the. There are three types of tenancies in nigeria but the most popular type of tenancy in nigeria is the periodic tenancy which is the topic of discussion in this article. The cases are organized thematically according to the type of intellectual property rights iprs protected under in the nigerian legal system such as. In nigeria and north sudan, customary law is subject to constitutional provisions of nondiscrimination or gender equality, and is enforced only to the extent it does not run contrary to any written law. Introductionhistorical evolution of land law in nigeria. Lagos state properties protection law 2016 laws law nigeria.
This is because of the constant harassment and unfair treatment of tenants by landlords. The principles of law dealing with different property transactions. It includes the surface soil together with the things on it which are enjoyed as being part and parcel. According to the world intellectual property organization wipo, intellectual property refers to creations of the mind. Set up in 1995, the intellectual property law association of nigeria iplan was birthed to aid capacity.
Part a simply presents property and conveyancing practices in nigeria across various jurisdictions citing. Property and conveyancing law states these are states in. The nigeria corporate affairs commission cac is responsible for regulating the. Pdf an assessment of the prospects of property tax. To qualify for a patent, an invention must comply with the following requirements. This paper will focus on some of these laws and their impacts on women in nigeria. Protecting intellectual property rights in nigeria. Nov 22, 20 ademola samuel adeniyi is an astute legal practitioner in nigeria, with defined expertise in intellectual property law and communication law. Settlement of property in divorce proceeding in nigeria. The charges vary from 10% to 15% of the open planning ordinance, cap. Property and conveyancing law pcl, cap 100 laws of western. Personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. Recent developments in intellectual property law in nigeria 2 1. Chapter 1 introduction the concept of intellectual.
Creation of legal mortgages under the nigerian law the mode of creation of a legal mortgage depends on where the property is located, and nigeria may be divided into three jurisdictions namely the c. The land use act of 1978 covers the use and rental of public lands. There are various taxes that apply to real estate or real property transactions in nigeria. Noun school of law study materials and courseware using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management. The position of the wives and children of the deceased are even more critical. A brief introduction to intellectual property law he trademarks act of the federal republic of nigeria the act was enacted in 1965i. National open university of new english file advanced pdf free download nigeria. Lagos state property protection law, 2016 introduction anybody that has had dealings in the real estate sector in nigeria, particularly in the urban areas like lagos and its environs will know the numerous dirts and risks associated with land acquisition and development. In nigeria, as in many other jurisdictions the general word on the street is that the law favours.
An appraisal 468 vlll port harcourt law journal vol. It is a practice that was hardly known to customary law. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. This act may be cited as the trustee investments act.
Laws of the federation of nigeria petroleum act 1990. Promoting and protecting intellectual property in nigeria. This can include both residential and commercial land transactions. The first section will focus on a brief history of nigeria as a background to the paper.
Nigerias most recent national forest law dates from 1956 and is no longer considered legally relevant. It stands out in educating and assisting in providing professional advises and guidance on your property needs. Chapter 1 introduction the concept of intellectual property. Nigerian law recognises the fragmentation of ownership interest which permits a split between legal and equitable interests. An overview of the law of patents in nigeria introduction the grant of a patent for an invention is the grant to the patentee for a limited period of a monopoly right in respect of that invention i. Nigeria trademarks registry safety measures in wake of covid19 how to file a patent application in nigeria brief overview of the legal framework for image rights in nigeria by christian aniukwu new trademarks journal published in nigeria dated february 28, 2020.
The law firm is established by a team of committed and dedicated lawyers. Pdf nigeria entrepreneurs and their intellectual properties a. Pdf recent developments in intellectual property law in nigeria. Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer. Nwattyauwu proof of crime under the nigerian criminal tmd c. L states, and land under registration of titles law, lagos. That in spite of the incursion of the act in the land tenure system of nigeria, customary law still dominates and. Intellectual property laws in nigeria trademarks, copyrights. Introduction a landlord who seeks to recover his premises from a tenant must comply very strictly with the provisions of the relevant laws. Who can own land in nigeria property advisory network pan. Nigerian law school past questions and answers pdf.
Where a person rents or hires property services from another, withholding tax at the rate of 10% will apply. Notably, this came at a time when advocacy for the reform of the legal framework for protecting intellectual property ip. Pdf a synopsis on corporate law, property practice and. In fact, the law in nigeria favors the tenant than the landlord. Later in 1968, the companies decree took over from the 1922 company act. Property unless a contrary intention appears, includes. The common public representation or perception that there are no real property or real estate taxes in nigeria is not correct. All information is provided as is and for informational purposes only. Dec 10, 2015 he gave an overview of property rights and land governance challenges in nigeria, with an emphasis on the need to overhaul the antiquated land governance system. Nigerian law school past questions and answers pdf free download nigerian law school past questions and answers nigerian law school past questions and answers is available here for download. A practitioners toolkit on womens access to justice.
A draft national forest law was prepared in 2001 but has yet to be enacted. The concept of trusteeship is well founded in the system of ownership under customary law e. Just as the human fingers vary, so do human status, situations and. Although windsor law firm is a medium sized law firm, the firm, however, work with various lawyers across the country to deliver a topnotch professional. Withholding tax in nigeria administration and rates. Pdf a synopsis on corporate law, property practice and law.
Nothing in this act shall apply to land brought under limitation the operation of the registration of titles act. The land use charge law of lagos state is synonymous to the tenement rate laws that are exists in every state in nigeria, but just that it abolished all other taxes such as tenement rates, ground rents and neighbourhood improvement charges levied on land and landed properties in lagos state to create a single property tax law. This legislation has to do with most of the states of the former western region of nigeria property transactions, with some features of the law below stated. This was with a view of conducting detailed examination of such relationship and determine if there are disputes and. Laws of the federation of nigeria an act to provide for the exploration of petroleum from the territorial waters and the continental shelf of nigeria and to vest the ownership of, and all onshore and offshore revenue from petroleum resources derivable therefrom in the federal government and for all other matters incidental thereto. Critical issues in nigerian property law is itself a critical contribution to the body of literature on the subject matter in nigeria. Most applications for intellectual property rights protection in the country are not filed by the nationals or residents of nigeria. Intellectual property rights in nigeria digital security. Policy, law and use to streamline application procedures and to reduce the cost of obtaining simultaneous patent protection in several countries. The landlord and tenant template foreword the issues surrounding the relationships of landlords and tenants are as complex as the types of properties that are let out on a daily basis all over the world.
The lagos state land use charge law consolidated all real property with all. It is multisegment free access center for intelligence and instruments relating to nigeria s legal and policy circuit. The state of lagos has an unenforced rent control of residential premises law and recovery of possession law. As a general rule, income on a property rent, hire or lease payments or rights royalties situated in nigeria is liable to tax in nigeria, the place of payment not withstanding. Recent developments in intellectual property laws in nigeria. This will give you a better chance of scoring higher on the screening test. Property law in nigeria list of property law companies nigeria. Pdf intellectual property rights are rights conferred by statutes on an. Property tax is generally a tax imposed by municipalities upon owners of real property within their jurisdiction based on the value of such property. Challenges faced in nigeria on intellectual property the growth of intellectual property in nigeria can not be sideline as a result of the importance derived from this aspect of law. In addition, if the division of familyowned land is evident, this usually signifies an end to the communal or family ownership of the land. This form of tax is reported to be one of the most stable sources of revenue to governments however.
He told the audience that since formal land registration began in nigeria over 100 years ago, less than 3% of land nationwide has been registered. In nigeria and many other countries that adhere to the uk property rating practice, the standard methods of valuation adopted are the. This book is a synopsis of principles, cases, procedures, ethics, skills and law practice. Real estate 2020 laws and regulations nigeria iclg. Immigration act, 2015 resolution law firm best law firm in. This study examined the landlordtenant relationship in residential property management in selected housing estates in ikeja, lagos. The constitution of the federal republic of nigeria 1999 with annotations lagos.
At as this time 2016, the recognized company law in nigeria is the companies and allied matters decree of 1990. B, mls is law librarian at the college of the bahamas law library, nassau, the bahamas. In this article, we briefly discussed intellectual property laws in nigeria. In nigeria, a number of laws have a bearing on the protection and administration of the different rights that make up intellectual property. Some states like lagos state adopted this law with some modifications. The patents and designs act, chapter p2 laws of the federation of nigeria 2004 the patents and designs act governs the registration and practice of patents in nigeria. Nigerian laws and regulation on landed properties ibeju. Laws of states in the old w estern region of nigeria 1959 and lagos state mortgage and property law 2010. Subject to the provisions of this act, all land comprised in the territory of each state in the federation are hereby vested in the governor of that state and such land shall be held in trust and administered for the use and common benefit of all nigerians in accordance with the provisions of this act. Lagos state property protection law, 2016 the lawpavilion blog.
The paper further contends that the present land ownership system in nigeria as enshrined in the land use act of 1978 has socialist inclinations with excessive. The mode of creation of a legal mortgage depends on where the property is located, and nigeria may be divided into three jurisdictions namely the c. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the. Nigeria, like many countries in africa, is in the process of reexamining its land and property laws in an effort to reduce land disputes caused by rapid urbanisation and rising numbers of land deals for agricultural and commercial development. Property law practice laws to property transactions, essentials of power of attorney, essentials of a deed, registration of titles, assent outcomes, rent in leases, transfer of lease, mortgage. The purpose of the course is to provide students with. Strengthening intellectual property rights and protection in nigeria sometime in april this year, the intellectual property law association of nigeria iplan elected new executive officers to oversee its affairs. The evolution of divorce law and practice in nigeria published on august 28, 2015 august 28, 2015 12 likes 9 comments. Statistics show that about 99% of patents applications lodged with the patents and design registry are made on behalf of foreign brand owners in europe. The rivers state likewise has an unimplemented recovery of possession edict. A reappraisal by eghosa osa ekhator1 abstract women in nigeria face many challenges and discrimination under some extant laws. The land use act and land ownership debate in nigeria.
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