5 DOS AND 5 DON'TS WHEN DEALING WITH NIGERIA POLICE.

Have you ever heard the statement “Police is your friend”? 

If that doesn’t ring a bell, perhaps you may be familiar with the phrase “Bail is free!”

Many of us wish those words were true; because if they were to be so, you probably would have no need to know what the law says in conceivable situations that may arise when dealing with the police. 

It may even be safe to assume that you probably stumbled on, or you were referred to this article because of the need to have a careful dealing with the Police. YES! You can have a warm dealing with the police even if they try to terrify you… You only have to know the magic wand that unsettles them in appropriate situations…

5 DON’TS WHEN DEALING WITH NIGERIA POLICE  

Don’t argue with the Police as the Police ought to be treated with respect. Besides, some cases of police brutality are as a result of intoxication so you must be careful not to start an argument that may ginger a shoot out.

Don’t argue/insist on your rights when you are facing an armed police. Leave the job of arguing those rights to your lawyer because human rights are meaningful only when a man is alive.

In the event that you are arrested, don’t be pressurised into answering any question, only insist on your right to remain silent until after consultation with your lawyer or any other person of your choice. Simply say I wish to remain silent until I consult with my lawyer.

A police may lawfully shoot in reasonable circumstances where a person resists lawful arrest, so, don’t run, or resist arrest when a police approaches or halts you.

It is lawful for police to use force in appropriate/ reasonable situations to suppress riot, insurrection, or mutiny, so, don’t be involved in riot, insurrection, or mutiny, and avoid any environment where either is ongoing.

5 DOS WHEN DEALING WITH NIGERIA POLICE

Do put your hands up when a police instructs you to do so. Explanations can be saved for later, and an attempt to bring out your identification card or anything at that may make the police fire a shot.

Do notify the police of your willingness to assist when invited for interrogation, only make sure that you take your lawyer along to the Police Station when invited.

If you are stopped for questioning, do answer introductory questions only, be polite but firm in your response. Where a search is to be conducted on your car, insist on opening any portion that is to be searched, and personally supervise the search. Where a search is to be conducted on your body, try hard to make sure that a neutral person is available to witness the search.

Being at the police station may make you get panicky and whatever you say may be used against you in the court of law, do exercise your right to remain silent and the right to speak with a lawyer before you involve yourself in any conversation (written or oral). Simply let the police know that you wish to see your lawyer first before saying or writing anything.

You may have started dealing with the police in an uncalculated manner, or you may be at the verge of dealing with the police, your safest bet is to consult your lawyer immediately, so, do consult your lawyer without any delay.

* EYITAYO OGUNYEMI is an Associate at Falana & Falana’s Chambers. He is the initiator of “The People’s Parliament”- a forum committed to imparting the society with the knowledge of their constitutional rights and duties. Eyitayo is passionate about instilling legal knowledge in the masses and is a core Advocate for a knowledge based economy. Questions may be addressed to +234-806-0623-454 or eyitayoogunyemi@gmail.com

 

The Rights and Duties of Tenants Under the Lagos State Tenancy Law

Introduction:

The Lagos State Tenancy Law 2011 was introduced to regulate the relationship and in particular, the rights and obligations of tenants and landlords under Tenancy Agreements, and the process for the recovery of premises and other related purposes. 

General Comments and Limitations of the Law:

While most of the provisions of the law are laudable, readers must bear in mind that the Law does not apply to certain types of premises. The premises exempted are: residential premises owned or managed by an educational institution for its staff and students, residential premises provided for emergency shelter, residential premises in a care or hospice facility; in a public or private hospital or a mental health facility; and/or one that is made available in the course of providing rehabilitative or therapeutic treatment, and the law is also not applicable in the following areas of the State; Apapa, Ikeja GRA, Ikoyi, and Victoria Island 

Rights of a Tenant:

By reason of the law, every tenant under a lease agreement is entitled to privacy, freedom from unreasonable disturbance, right to possess the leased premises exclusively, and right to use the common areas of the building for reasonable and lawful purposes.

Where the leased premises is a business premises, the tenant, his customers and clients have a right of access to the premises, and also have a right not to be unduly hindered by any disruption which may affect the tenant and lead to loss of profits. As for the landlord, he has a reciprocal duty to make sure that he does not do that which will result in loss of profit by the tenant (whether by way of an action or inaction). 

By reason of the Law, all tenants are entitled to receive an evidence of payment for rent; the least form of acknowledgement that a landlord must present to the tenant is a rent payment receipt, but it is advisable that a tenancy agreement is prepared to regulate the tenancy relationship.

A tenant that seeks the permission of the landlord to carry out structural improvement on the premises is entitled to a refund by the landlord, and this right is only protectable if and only if he secured the prior approval of the landlord in writing before carrying out the improvements on the premises. Where the premises is used for business, the tenant may carry out repairs after giving notice in writing to the landlord requiring him to rectify, repair, or maintain the exterior or common parts of the building and the landlord failed to respond within a reasonable time.

Finally, a tenant that is billed service charge, facility, and/or security deposits (monies under this heading includes electricity bill, waste/refuse bill, water charges, security charges etc) in addition to rent is entitled to a separate receipt for the money paid under those headings and is also entitled to a written account at least every 6 (six) months from the landlord of how the monies paid were spent.

Duties of a Tenant:

Tenants have obligations and duties which they must adhere to under the law, these obligations and duties include the payment of rents at appropriate time, payment of existing and future rates and charges as agreed with the landlord (other than the ones which the law compulsorily imposes on the landlord), duty to keep the premises in a good and tenantable condition (except situations of reasonable wear and tear), duty to permit the landlord and his agents during the tenancy at all reasonable hours of the day time after previous notice in writing, to view the condition of the premises and to carry out repairs in necessary parts of the building, duty not to alter or add to the premises without the written consent of the landlord, duty not to assign or sub-let any part of the premises to another person without the written consent of the landlord, and duty to notify the landlord where structural or substantial damage has occurred to any part of the premises as soon as practicable.

Duty to pay rent as at when due also includes the duty to pay rent for the period stated in a notice to quit. Therefore, if a landlord (acting directly or through his/her agent) gives a notice to a tenant to quit an apartment within 6 months, those 6 months ought to be paid for by the tenant, except if the landlord decides to waive payment. 

One of the things that the law seeks to prohibit is the payment of rent in excess of one (1) year by a tenant that pays rent for duration other than monthly, and six months for a tenant that pays monthly rent. As a matter of compulsion, tenants have a duty not to offer or pay rent in excess of one year in respect of any premises otherwise may risk being liable to a fine of One Hundred Thousand Naira or three months imprisonment. 

Words of Advice to Tenants:

While I have carefully outlined the rights and obligations/duties of tenants above, tenants must note that other than in situations where the law imposes a duty on the tenant, or a situation where a duty is imposed on either of the tenant or the landlord by reason of another law, either of the landlord or tenant may legally contract any of his/her duties to the other party. For instance, a tenant may enter an agreement to alter the structure of the premises to suit his taste without having to first seek for the written consent of his landlord.   

One area of the law which is often ignored in practice is the aspect dealing with who ought to be responsible for paying for the services rendered by a professional in respect of the Tenancy Agreement. The law imposes this duty on the party who engages the services of the professional, and since it is the landlord that engages the services of a lawyer to draft Tenancy Agreement in most cases, he also has a legal obligation to pay the professional fee of the lawyer.

Unfortunately, the law says little or nothing about how a tenant can enforce his rights against a landlord; it is therefore advisable that the tenant should insist on having a Tenancy Agreement to define the scope of his rights and ways to enforce those rights where the landlord defaults. 

Other tips that a tenant can explore in the event that a landlord has defaulted in his duties include the following: The tenant may opt to draw the attention of the landlord to the rights he (the tenant) is being denied of, he may decide to report the matter at the nearest Lagos State Citizens Mediation Centre, or he may decide to institute a legal action against the landlord, but the best option will be to consult a competent lawyer for proper advice.

FINAL NOTES:

This article may be shared freely without having to plagiarise the content. It is prepared for information purposes only and is not in any way to be substituted for a legal advice. Questions may be directed to eyitayoogunyemi@gmail.com (08060623454) or asked directly in the comment box below.

  

The Rights and Duties of Landlords Under the Lagos State Tenancy Law.

Introduction:

The Lagos State Tenancy Law 2011 was introduced to regulate the relationship and in particular, the rights and obligations of tenants and landlords under Tenancy Agreements, and the process for the recovery of premises and other related purposes. 

General Comments and Limitations of the Law:

While most of the provisions of the law are laudable, readers must bear in mind that the Law does not apply to certain types of premises. The premises exempted are: residential premises owned or managed by an educational institution for its staff and students, residential premises provided for emergency shelter, residential premises in a care or hospice facility; in a public or private hospital or a mental health facility; and/or one that is made available in the course of providing rehabilitative or therapeutic treatment, and the law is also not applicable in the following areas of the State; Apapa, Ikeja GRA, Ikoyi, and Victoria Island 

Even though the law moderates certain discretions that landlords may ordinarily exercise (e.g. the provision that limits rent payable to a year), it is very explicit in guiding landlords not only as to their rights and duties, but also on how to enforce those rights.

Duties of a Landlord:

Landlords have a duty to issue rent payment receipt to their tenants, it is however better to prepare a written agreement which can also serve the function of a receipt for the rent paid by the tenant. 

Landlords also have a duty not to receive rent in excess of one (1) year from a tenant that pays rent yearly, and six months for a tenant that pays his rent monthly. Where the tenant is a new tenant, the landlord may receive rent to cover a year, but not in excess of a year. The consequence of collecting rent in excess of what the law prescribes is that the landlord (including his agent) may upon being found guilty by the court be liable to a fine of One Hundred Thousand Naira or to three months imprisonment.

The landlord has a duty not to disturb his tenant’s privacy, and exclusive possession of the leased premises. He must not cause any form of unreasonable disturbance to his tenants, seize any item or property that belongs to the tenant, interfere with the tenant’s access to the rented premises, terminate, or restrict the use of facilities or services that are provided in common to all occupiers. Furthermore, the landlord has a duty to pay all rates and charges as stipulated in any law, he ought to insure the premises against any loss or damages, and also repair and maintain the external and common parts of the premises.

Where a landlord opts to collect service charge, facility, and security deposit from his tenant, the landlord will have a duty to issue a separate receipt to the tenant for the payments received, and he must always give a written account to the tenant at least every six (6) months of how monies paid by tenants were disbursed.    

Where the premises is a business premises, the landlord has a mandatory obligation to make sure that he does not do that which will result in loss of profit to the tenant (whether by way of an action or inaction). In particular, the landlord must not obstruct his tenant’s access and that of the tenant’s clients, and customers to the premises, he must put in reasonable efforts to prevent or remove any disruption to the property which is capable of resulting in loss of profit to the tenant, he must rectify within the shortest possible time any breakdown of plant or equipment under his care and maintenance, and he must also maintain or repaint the exterior of the common parts of the building (s). Any landlord reading this must be reminded that the landlord’s duties in respect of a business society are mandatory and cannot be moderated by Tenancy Agreement.      

Rights of a Landlord:

The rights of the landlord includes the right to receive rents from the tenant as at when due, and a restricted right to inspect the premises after a written notice has been given to that effect notifying the tenant about the proposed inspection. The inspection may be carried out at any reasonable hour of the day time only, and can be carried out for limited purposes including; to view the condition of the premises, and to carry out repairs in necessary parts of the building. 

In the event that the tenant does not observe any of his duties or obligations, the landlord has a right to engage a lawyer to institute court action to end the tenancy and repossess the premises. Before a landlord can do this, he must be sure that there is no portion of the Agreement or law stating otherwise, and that necessary notices have been given to the tenant to leave the premises and he has refused. 

Where a landlord exercises his right to go to court, he may ask the court to order the tenant to pay him rent that are unpaid but which have become ripe/due for payment prior to commencing the action in court, and he can further claim the value of rent for the premises per day until the tenant leaves the premises. 

Words of Advice to Landlords:

The popular notion is that where a tenant renews his rent yearly, he will be entitled to six months notice before he can be ejected, but this notion is only true where a landlord fails to prepare a written agreement to regulate the length of notice that he desires to give the tenant. In order words, the length of notice will be regulated by the law in the absence of an agreement stating otherwise.

The benefit of preparing a written agreement in a tenancy relationship cannot be overstated. From my years of experience in managing properties and facilities, I have discovered that the first duty of every landlord is to make sure that his tenants have written agreements to guide his relationship with the tenants. This is essential because the law allows the landlord and tenant by way of a tenancy agreement to regulate their relationship in the areas of each person’s obligations, and length of notice to terminate the tenancy relationship. A landlord that therefore wishes to safe himself some headaches may choose to regulate a substantial part of the tenancy relationship by way of an Agreement and the best way to do this is to consult a competent lawyer for proper guidance.

FINAL NOTES:

This article may be shared freely without having to plagiarise the content. It is prepared for information purposes only and is not in any way to be substituted for a legal advice. Questions may be directed to eyitayoogunyemi@gmail.com (+234-806-0623-454) or asked directly in the comment box below.