a call from my client woke me up from sleep this morning. it was a cry for help. it happened that for close to two years he has not paid his rent, he consulted me five months ago seeking my counsel on how to go about his financial mess vis a vis his unpaid rent, i did advice that since his landlord was no longer interested in him as his tenant, it was time for him to go, but that it was important we replied the latest notice to quit, stating clearly when he intends to vacate the premises. that was the last time i saw him until yesterday when he brought my legal fees to commence a reconciliation process with his landlord, i did the draft copy of the letter, which he was suppose to read today, before we send it to the Landlord's lawyer, but that letter was never typed as the landlord came in this morning with touts to throw out his things. i got to the premises in time to meet the Landlord and the touts, as they sealed up the premises. the Landlord told me expressly and confidently, that he knew his actions were wrong and unlawful, but that he was ready for the consequences of his actions, he said the Tenant has not paid him since 2010, and that his daughter needed the apartment for her personal use. i was shocked as it turned out that the Tenant lied to me about the duration of time and debt owed. i appealed to the landlord, but he nodded his head continuously, there was no going back, what is done is done. i felt for my client's wife and 5 months old baby and other kids that lived in the house ( his nephews). nothing much for me to do or say, he delayed after my advice and now it was purely a police
case, unfortunately for him , i had a matter in court, so i left him behind to sort himself. well going to the police for help or justice is sincerely a waste of time and money, i would have told him so straight away but an angry man in his situation may not listen to me, i had to allow him discover that for himself. he got to the police station and i believe was adviced to do the right thing, relocate his family. i refunded my legal fees, and wished him well. its sad when tenants deliberately refuse to pay their rents, its also frustrating when landlords get delayed justice from our courts. my advice to Tenants is that embarrassments like this is not worth it. please pay your rent and if you have financial issues be polite to your landlord, if things get so bad and you can no longer afford the rent, move to a cheaper apartment. as for landlords facing similar stress, get a competent lawyer to file an action in court, using touts is so uncivilized. its horific! Godbless
Diary of a Nigerian Lawyer is a blog created by Halima Musa-Bakwunye. its a space to share my experience as a practicing lawyer and my views on parenting, social, religion and political matters. Stay Blessed as you read my blog!
Tuesday, August 20, 2013
Monday, August 19, 2013
THE NEW DRIVER'S LICENCE
For some time now, i have being planning to commence the process of renewing my driver's licence. So i decided to visit the local government close to me today, for the process. when i got there i was told to produce my current driver's licence which expires on the 1st of september 2013 for confirmation, the numbers on my driver's licence where entered into the system and i was told that it was not registered with the Federal Roads Safety Agency (FRS). in simple English it means my Driver's licence is FAKE! i was shocked, it was as if the ground should open and swallow me. how on earth did i get a fake driver's licence. i had to take a few minutes to digest the news, i called my hubby first to inform him of my discovery, i expected him to be shocked but he responded calmly, 'only few people in Lagos State have the original driver's licence'. but i remember i got mine from (FRS) so why is mine fake, what a country. its funny that for three years i have being using an unregistered driver's licence, i have used this licence to process lots of documents, i have shown it to men of the FRS, Police, LASTMA etc, yet nobody ever queried it. well i recovered quickly and i was told the requirements, aside downloading the forms on line, i have to go to driving school, get learner's permit, come for driving test and take examination. i honestly do not have issues with the driving test, as far its an authomatic car i would be using for the test, and not the manual lorry given for the test. the process is tedious and hell! why cant we just make things easy for ourselves. well i have to be back to my office to prepare for my case tomorrow. wishing you a lovely week ahead. Godbless. Cheers.
Friday, August 16, 2013
CAR ROBBERY IN MY NEIGHBORHOOD
Thursday, August 15, 2013
CLIENT: "I WANT TO DIVORCE MY HUSBAND"
She worked
into my office with a veil covering her head, and sunglasses covering her eyes,
when she unveiled herself, I said a silent waoh! , she was the most beautiful
female client to step into my office. I had been pre informed of the purpose of
her visit but I wanted to hear it from her. We exchanged pleasantries and I asked
why she wanted to see me, and out came the bomb ‘ I want to divorce my husband’.
So I got my pen and paper and started to ask questions and take note. They have
being married for less than two years, the marriage broke down three months
after the marriage. The marriage ceremony took place in a marriage registry in
Lagos State and no member of her family or friend was present. I asked for her
marriage certificate, which is proof of marriage, but she claimed that the
certificate was removed from her box by her husband. She wanted a divorce
because after the marriage she discovered that information she had about him
was false. Shortly after her marriage the
realized that she was his sixth wife or should we say the sixth woman he would
be marrying, she has no proof of a divorce with any of his wives, and he is
over 25 years older than her. Her husband is based abroad, the plan before the
marriage was for her to relocate and join him, but she later discovered that
the original plan was for her to relocate to his village and live with his
parents. That was why no accommodation was provided for her after the marriage.
After listening to her story, and allowing her to dry her tears, I had to tell
her the truth, citing and reading out the relevant sections from our
Matrimonial Causes Act, I told her that she could not file for divorce less
than two years after marriage unless she could proof that there was hardship or
an exceptional depravity. But if she could proof that her husband was still
married to any of these other women as at the time, she married him, then the
marriage would be void and the court can grant a divorce. All other issues she
raised where just sentimental, because as far as any one is concerned her
family would have verified issues before giving their daughter out. She married
for the money, and the dream of travelling abroad. I also suggested reconciliation,
with the help of family members, that is if there is no proof of a subsisting
marriage, but if really the marriage has broken down irretrievably then both
parties can quietly divorce in court, with out going through an embarrassing
trial. This is my advice for young girls
who just want to jump into marriage for the money, you soon discover that
marriage is not a fairy tale, its all about patience, tolerance and real /genuine
love. Look before you leap.
Wednesday, August 14, 2013
Now nine months old.
how time flies, cant believe that my baby boy is now nine months old today, and we are already counting down to his birthday. i give thanks to Almighty God for everything. today we went for his immunization given at nine months old, measles, yellow fever and vitamin A. this picture was taken at the immunization centre.
Tuesday, August 13, 2013
My Philosophy: Key to happiness is contentment!
My philosophy about life is very simple. i believe that life is simple, life is easy, but man makes it complex by worrying over everything. No matter how hard you worry, what will be will be. I don't believe that i am better that any one, neither do i think that anyone is better than me.I respect others for their accomplishment in life and pray that God blesses me and my family. To this end i am not envious of anyone but very content with what i have, little be it or much, as i strongly believe that the key to happiness is contentment. i do not believe that there is any man on earth who has it all, any one who tells you that he has it all is lying, just like the economist say,'human wants are un satiable'. beauty lies within a person, a good intellectual discussion makes my day, you don't need to be Agbani Darego (Former Miss world), or prince charming to win my heart. i don't think the man living in a mansion or castle is better than the man in a bungalow. my reasons are simple, the man in a mansion can only sleep in one room at a time, so is the man in the small house, the man in the mansion has lots of beds in his house but can only sleep on one bed, same is with the man in the small house, on that bed, the man in the mansion can not spread his whole body on the bed, same with the man living in the bungalow. I believe you i can live anywhere in the world, a village, a forest, city, town, as far as the basic amenities to survive are available, so to me life is easy, simple, whatever your status, work hard and be content.
Tuesday, August 6, 2013
MY THOUGHTS ON RELIGION
MY THOUGHTS ON RELIGION
The recent
story of the pastor’s daughter who converted to Islam has being on the social
media, for some weeks now, most Muslims displaying her pictures on Facebook
with pride. I really don’t know why there is so much hype about her story, she
is definitely not the first Christian to convert to Islam, or if I may say not
even the first pastor’s daughter to convert to Islam. Her story only became
popular, thanks to the social media. The same also applies to Muslims who have
converted to Christianity. And also Muslims and Christians who have converted
to other religion like Grail Message , Eckanka, Buddhism, AL Krishna, Matasini,
Guru Maharaji, Ekist, Traditional worshippers, sango, Uchi, etc. I really don’t understand the reason or
reasons behind this disdain for each other’s religious believes, the arguments
sometimes goes on with so much
bitterness, debate upon debate, analysis here and there of how, one religion is
better than the other. Some have concluded in their hearts and aloud those
going to hell and the lucky ones to go the paradise. Infact we have stories of
people who died , came back to life with tales of those they saw in hell and
messages from important people, including some known pastors, who are burning
in hell. Then we have boko haram, in the Northern part of Nigeria, killing
innocent people in the name of religion. How merciful is God! When I see the
way people present their arguments on superiority of one religion over the
other, I wonder, who amongst these preachers was present when any of the Holy
Books which they so defend was revealed and first published. The answer is
rhetoric: nobody! Yet we have all been born to believe the content of these
Holy Books, BIBLE: that Jesus is your
Lord and personal Saviour, Jesus Christ died for our sins, HOLY QURAN: Prophet
Mohammed (SAW) is the last Messenger of Allah, there is only one True God and
we can pray to Him directly. ECKANKA: You can communicate with God through
sounds. GRAIL MESSAGE: There is nothing like Anti Christ coming at the end of
time, the real anti Christ where those who crucified Jesus Christ, they were
the anti Christ. I can go on and on. i
have always pondered on these issues, until one day while reading the Quran I stumbled
on a verse that said, that no man should judge any other man on his religious
believes, only Almighty God would be the judge over that which we differ.
Its based on
this that I do not judge others and their religious beliefs, I mind my
business. I don’t even share my views unless my opinion is sought and I do it
as politely as I can. I always pray that people don’t bring such topics to my
doorstep, because i could be so blunt. I speak on my religious beliefs, but I
restrain myself to my belief and those
that believe in my faith, without crossing boarders. I wish we all live like
this; I wish we stop fighting one another over nothing. I pray we stop the
hate, stop the bombing, stop the killing, stop the abusive words. Allow those
who convert from one religion to another to freely practice what they so
desire. No matter how much you desire to have people practice your religion,
you cant convert the whole world into your religion. God is watching us from
above, and I believe angry at what his creation (Humans) have turned earth
into, a battlefield of words and negative energy. I pray that God opens our
hearts to love one another more sincerely, irrespective of our respective
religious beliefs. God
bless u all!
Monday, August 5, 2013
AL MUSTAPHA’S CASE: JUSTICE DELAYED.
AL
MUSTAPHA’S CASE: JUSTICE DELAYED.
Have
you heard of the Slogan ‘Justice delayed is justice denied’! that’s how best I wish
to describe the Al Mustapha’s case. A lot of people are moaning and angry about
the final decision of this case. My God, the man walked out of the court room a
freeman after over ten years of trial. Honestly I am shocked that people are
angry. Al Mustapha’s case is simply a reflection of the rot in our judiciary and police system. A man commits an offence, or is accused of committing an offence, he is
arrested, charged to court, and for one year, trial has not commenced, the
court keeps adjourning the case, the witnesses are not available, you have to
constantly look for them, the Investigating police office (IPO) who is also a
witness is never available, he may be on police academy course today, or tomorrow, he is on
transfer to another state. When the IPO finally makes his appearance, then the court
discovers that there is no sufficient evidence, while we are trying to sought
out the issue of evidence, the judge is transferred to another state or court,
sacked or retired, then a new judge steps in and the case starts afresh. Then we
go back to the same delay tactics, adjournment upon adjournment. When its time
to give evidence, there is no more evidence, reasons not far fetched, the IPO
in the first place did not do proper investigation, no proper records, the ones
in the cold room went bad because no constant electricity to keep them in their
original form, or maybe Boko Haram, bombed the police station were the records
were kept, or the record room got burnt and the fire service could not get there
on time to put off the fire, or fire service had no water to put off the fire,
so all evidence were lost. While all
these are happening, time is going, guilty or not guilty man is still in
prison, on the awaiting trial list. While we are still on trial, the judge is transferred
again, this time, the case is half way gone, so the lawyer for the accused may
apply that the matter be transferred to the new court where the judge has been moved to, that may take another year before approval is granted. That’s how
people waste time in our courts. Finally its judgment day with little or no
evidence, the accused or defendant is found not guilty, discharged and
acquitted. Our judiciary/ police system is sick and in dying need of rehabilitation,
though some states are improving we still have a long way to go. That’s why Al Mustapha
walked out of the court and prison a freeman, no evidence and no proper
investigation. My heart goes out the innocent men and women rotting away in our
prisons.
By: Halima Musa-Bakwunye
WIKIPEDIA:
“Hamza al-Mustapha was the Chief Security Officer (CSO) of General Sani Abacha,
military head of state of Nigeria from November 1993 to June 1998. After
Abacha's death he was arrested and tried for murder and attempted murder of
Kudirat Abiola. On 30 January 2012, a Lagos High Court sitting at Igbosere
convicted Major Hamza Al-Mustapha over the murder of Kudirat Abiola, the wife
of the acclaimed winner of the June 12, 1993 Presidential election, Chief
Moshood Abiola. He was also sentenced to death by hanging but was discharged
and acquitted of the crime by the appeal court, Lagos division on Friday, July
12, 2013. The appellate court said there was not enough evidence to incriminate
Al-Mustapha in the murder of the Late Kudirat Abiola. On 12 July 2013, The
Court of Appeal in Lagos discharged and acquitted Hamza Al-Mustapha from the
murder of Kudirat Abiola. The verdict overturned that of the Lagos High Court
which sentenced him to death by hanging. The presiding judge, Justice Rita
Pemu, accused the lower court jude, Justice Mojisola Dada, of being ‘‘stroked
to secure a conviction by all means.’’ Consequently setting Al-Mustapha free.’ Extracted
from WIKIPEDIA
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