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Properties / Must Read: How To Legally Evict A Tenant In Nigeria by TTAlaw: 8:17am On Nov 01
In Nigeria, evicting a tenant from your house or property can be challenging if not handled properly. Go about it the wrong way and your tenant can sue you to court and get damages.

We're here to enlighten you on the right way to go about evicting a tenant from your property in Nigeria.

Common Grounds for Eviction:

1. Non-payment of rent

2. Breach of tenancy agreement

3. Overstaying after tenancy expiration

Step-by-Step Guide to Legally Evict a Tenant in Nigeria

1. Serve a proper notice to quit

Weekly tenancy: 7 days’ notice.
Monthly tenancy: 1-month notice.
Yearly tenancy: 6-month notice.

The notice must be properly drafted and delivered to the tenant.

2. Issue a Seven-Day Owner’s Intention to Recover Possession

If the tenant refuses to vacate the premises after the Notice to Quit expires, the landlord must serve a Seven-Day Owner’s Intention to Recover Possession.

3. Seek a Court Order for Eviction

If the tenant still refuses to leave after the Seven-Day Notice, the landlord must file a case in court. This is an important step as self-help (i.e., forcibly evicting the tenant without a court order) is illegal and can lead to criminal charges.

4. Court Proceedings

The court will determine whether the eviction is justified based on the evidence presented. If the landlord wins the case, the court will issue a Warrant of Possession, allowing the landlord to legally evict the tenant.

5. Enforce the Court Order

Once a Warrant of Possession is granted, law enforcement officers, usually court bailiffs, will oversee the eviction to ensure it is conducted legally. The landlord should not attempt to evict the tenant without the presence of a court bailiff.

Common Mistakes Landlords Make During Eviction

1. Self-Help Eviction

As mentioned earlier, forcibly removing a tenant without a court order is illegal. This includes changing locks, removing tenant property, or cutting off utilities. Landlords who attempt self-help can face criminal penalties, including fines and imprisonment.

2. Improper Service of Notices

Notices to Quit and Seven-Day Notices must follow specific legal formats and be properly served. A notice sent via WhatsApp or verbally communicated may not hold up in court.

3. Failing to Maintain Documentation

Proper documentation, including the tenancy agreement, evidence of rent default, and copies of notices served, is essential. Lack of documentation can weaken the landlord’s case in court.

Read the full article here: https://trustedadvisorslaw.com/how-to-legally-evict-a-tenant-in-nigeria/

Having landlord-tenancy issues in Lagos or Abuja? Contact The Trusted Advisors Law Firm: https://trustedadvisorslaw.com/contact/

We are well-equipped in real estate law.

Business / Must Read: How To Obtain A Mining License In Nigeria: Legal Point Of View by TTAlaw: 4:34pm On Oct 29
The mining sector in Nigeria is a significant contributor to the country's GDP, creating jobs and industrialization. But you have to obtain a mining license in Nigeria to be able to carry out operations unhindered.

Get acquainted with the types of mining licenses, key steps for application, required documentation, and key insights into obtaining a mining license in Nigeria.

Types of Mining Licenses

1. Exploration License (EL)

2. Mining Lease (ML)

3. Small Scale Mining Lease (SSML)

4. Quarry Lease (QL)

5. Reconnaissance Permit

6. Water Use Permit (WUP)

7. Possess or Purchase License

8. Mineral Buying Centre License

9. Mineral Export Permit

Read the complete breakdown here: https://trustedadvisorslaw.com/how-to-obtain-a-mining-license-in-nigeria/

Authorities Responsible for Issuing Mining Licenses in Nigeria:

In Nigeria, the authorities responsible for issuing mining licenses are primarily the Nigeria Mining Cadastre Office (NMCO) and the Federal Ministry of Mines and Steel Development (MMSD).

Requirements for Obtaining Licenses:

General Requirements:

- Completed application forms.
- Attestation of non-conviction of criminal offenses.
- Certificate of incorporation (for corporate entities) or National ID/Driver’s License (for individuals).
- Evidence of financial capability and technical competence.
- Consent letter from landowners/occupiers.
- Current tax clearance certificate.
- Specific documents based on license type (e.g., pre-feasibility study for leases).

Specific Requirements:

For an Exploration License:

- Minimum work program detailing exploration activities.

For a Mining Lease:

- Proof of economic reserves and feasibility studies demonstrating viability.

Application Process:

- Submit an application to the NMCO through its electronic Mining Cadastre System (eMC+).
- Pay the applicable processing fees based on the license type.
- Await processing, which typically takes 30 working days for permits and licenses, and up to 45 days for leases.

P.S. You should work with a reputable law firm or business lawyer to accelerate the delivery of your mining license; and also to proffer valuable legal mining advice. Contact The Trusted Advisors Law Firm: https://trustedadvisorslaw.com

Properties / How To Buy Land In Nigeria: Legal Information You Must Know by TTAlaw: 11:04am On Oct 29
Buying a piece of land is an amazing feeling. Finally, your efforts are paying off and you have made enough money to acquire landed property you can call your own. In that state of excitement, many Nigerians often overlook the legal aspects of buying land in Nigeria, hence, for real estate scams.

Here are the vital legal information you must know before doling out money to buy a piece of land in Nigeria:

1. Understand the Land Use Act and Its Impact on Property Ownership. The first thing every buyer must know is that land in Nigeria is governed by the Land Use Act of 1978.

2. Conduct Due Diligence: Verifying the Title. Once you identify a plot, the first legal step is to verify the title.

3. Confirm Zoning Laws and Land Use Restrictions. Before purchasing, it is essential to ensure that the land you intend to buy is zoned for your intended use—residential, commercial, industrial, or agricultural.

4. Ask for Legal Documentation: The Deed of Assignment. A Deed of Assignment is the document that transfers ownership from the seller to the buyer.

5. Obtain the Governor’s Consent. According to the Land Use Act, every land transaction in Nigeria requires the consent of the state governor.

6. Ask for Survey Plan: Confirm the Boundaries. A Survey Plan is a critical document that shows the exact boundaries and dimensions of the land.

7. Pay for the Land. The land purchase process involves several costs beyond the purchase price.

8. Finalize the Transaction: Registration at the Land Registry. Once the deed is signed and payment is complete, the next step is to register the land at the Land Registry.

Read the full article here: https://trustedadvisorslaw.com/how-to-buy-land-in-nigeria-a-legal-guide/

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Business / Why Nigerian Startups Need Proper Legal Representation by TTAlaw: 9:26am On Sep 12
Startups in Nigeria face unique legal challenges that demand specialized knowledge. Issues such as

- intellectual property protection,

- regulatory compliance,

- contract negotiation, and

- financing structures are crucial for their success.

Unlike established corporations, Nigerian startups require agile and adaptive legal support to navigate these challenges effectively.

The Trusted Advisors is the leading law firm for Nigerian startups. We are domiciled in Lagos and Abuja.

Our Areas of Expertise:

- Business formation and structuring
- Corporate governance
- Intellectual property property protection
- Contracts and agreements
- Funding and financing
- Regulatory compliance
- Employment law
- Dispute resolution
- Data privacy and security
- Exit strategies

Contact us today for professional legal representation and advice: https://trustedadvisorslaw.com/

Read about how we help startups in Nigeria: https://trustedadvisorslaw.com/startup-law-firm-in-lagos/

Business / Legal Pitfalls To Avoid When Building Your Website/app by TTAlaw: 1:43pm On Sep 04
We all know that building a website or app is often the first major step for any Nigerian startup looking to establish its online presence.

However, in the rush to go live, many startups overlook critical legal considerations, which can lead to costly mistakes down the road.

Here are 9 legal pitfalls to avoid when developing your startup's website/app:

1. Neglecting Intellectual Property (IP) Rights

One of the most common legal pitfalls for Nigerian startups is failing to secure their intellectual property rights.

2. Ignoring Data Protection Regulations

With the implementation of the Nigeria Data Protection Regulation (NDPR) in 2019, Nigerian startups must prioritize data protection.

3. Overlooking Terms and Conditions (T&Cs)

Terms and Conditions (T&Cs) are the foundation of your relationship with users.

4. Mismanagement of User-Generated Content

User-generated content (UGC), such as comments, reviews, or uploads, can enhance user engagement but also poses legal risks...

5. Failing to Secure Proper Domain Name Rights

Using a domain name that infringes on another company’s trademark can lead to costly legal disputes or even the forced abandonment of your website.

6. Overlooking Cybersecurity Obligations

The world has gone digital. Therefore, cybersecurity is not just an IT issue; it’s a legal one as well.

7. Inadequate Licensing of Third-Party Content

Startups often use third-party content, such as images, videos, or software libraries, to enhance their websites or apps. However, failing to obtain the proper licenses for this content can lead to intellectual property infringement claims.

8. Ignoring Cookie Laws and Tracking Technology

Many Nigerian startups overlook the legal requirements surrounding the use of cookies and other tracking technologies.

9. Overlooking the Importance of Hiring a Startup Law Firm

One of the most critical mistakes that Nigerian startups make is underestimating the value of hiring a specialized startup law firm.

Read the full article here: https://trustedadvisorslaw.com/nigerian-startups-legal-pitalls/

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Business / Legal Aspects Of Securing Startup Funding In Nigeria by TTAlaw: 10:23am On Sep 02
Nigeria, securing funding is a critical step for any startup, and understanding the legal aspects of venture capital (VC) and angel investments is essential for Nigerian entrepreneurs.

Here are the legal processes you must understand to secure funding for your startup in Nigeria:

1. Understanding the Legal Framework

Companies and Allied Matters Act (CAMA)

The Companies and Allied Matters Act (CAMA) is the cornerstone of corporate law in Nigeria. It governs the formation, operation, and dissolution of companies. For startups seeking VC or angel investment, compliance with CAMA is non-negotiable. This includes proper registration, maintaining statutory books, and adhering to corporate governance standards.

Investment and Securities Act (ISA)

The Investment and Securities Act (ISA) regulates securities transactions and provides the legal framework for investments. It ensures investor protection and market integrity. Startups must understand the provisions of ISA, especially when issuing shares or convertible notes to investors.

Securities and Exchange Commission (SEC) Rules

The SEC oversees the Nigerian capital market and enforces compliance with ISA. Startups seeking to raise capital must be aware of SEC rules, including registration requirements for capital market operators and disclosure obligations.

2. Structuring Investment Deals

Equity vs. Convertible Notes

Choosing between equity and convertible notes is a crucial decision. Equity involves issuing shares to investors, giving them ownership stakes. Convertible notes, on the other hand, are debt instruments that convert into equity under specific conditions. Understanding the legal implications of each option is vital for startups.

Valuation and Dilution

Valuation determines the worth of a startup and influences the equity stake investors receive. Startups must be prepared for potential dilution of ownership. Legal agreements should clearly outline how future funding rounds will affect existing shareholders.

Shareholders’ Agreements

A Shareholders’ Agreement defines the rights and obligations of shareholders. It covers aspects like voting rights, transfer of shares, and exit strategies. This agreement is crucial for maintaining harmony among stakeholders and protecting minority shareholders.

Read the full article here: https://trustedadvisorslaw.com/securing-funding-in-nigeria-legal-aspects/

Investment / Key Information Startup Founders Must Have Before Approaching Investors by TTAlaw: 9:04am On Aug 31
Attracting investors to your startup requires a thorough understanding of your business, market, and growth potential. Here’s a list of key information you must have at your fingertips when approaching potential investors:

Elevator Pitch[/b]: A concise, compelling summary of your startup that quickly communicates what your business does

[b]Business Model
: Revenue streams, pricing strategy, customer segments, etc.

Market Analysis: Market size and growth potential, target market, competitive landscape, etc.

Traction and Milestones: Show that your startup is making progress and has momentum.

Financial Projections: Provide a realistic forecast of your startup’s financial performance.

Funding Requirements and Use of Funds: Clearly state how much capital you need and how you plan to use it.

Team Expertise: Highlight the strengths and expertise of your founding team and key hires.

Intellectual Property Protection (IP) and Competitive Advantage: Show how you protect your innovation and maintain a competitive edge.

Risk Assessment and Mitigation: Demonstrate awareness of potential risks and how you plan to mitigate them.

Exit Strategy: Outline potential exit options for investors, showing how they can realize a return on their investment.

Customer Product Validation: Prove that there is demand for your product or service and that customers are willing to pay for it.

Understand Your Minimum Viable Product: A minimum viable product (MVP) is the simplest version of your product.

Read the full article here: https://trustedadvisorslaw.com/legal-considerations-how-to-launch-a-startup-in-nigeria/

Investment / How Much Funding Nigerian Startups Received In 2023/2024 by TTAlaw: 9:55am On Aug 28
In 2023, the number of startups in Nigeria surpassed 3,360, reportedly the highest count in Africa, according to Statistica. In 2024, Lagos State had the highest concentration of startups in the country.

With a population of over 200 million, Nigeria has positioned itself as one of the leading startup ecosystems in Africa, constituting part of the “big four” alongside Kenya, Egypt and South Africa.

According to the 2023 Global Startup Ecosystem Index, Nigeria’s startup scene is a leader in West Africa and ranks 64th globally, with a notable emphasis on the fintech sector. The country has become fertile ground for entrepreneurs eager to solve local problems with creative and scalable solutions.

From fintech disruptors to agritech innovators, Nigerian startups are addressing critical gaps in various sectors, attracting significant attention from both local and international investors.

A report showed that Nigerian startups received the largest bulk of funding raised by African startups over the last five years, accounting for 29% of the $15 billion total investment.

Continue reading here: https://trustedadvisorslaw.com/legal-considerations-how-to-launch-a-startup-in-nigeria/

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