AREA OF PRACTICE
Alternative dispute resolution refers to a variety of processes that help parties resolve disputes without a trial. It is a process of initiating alternative methods and procedures of resolving a civil or commercial dispute without resorting to litigation, which can be expensive, cumbersome and time-consuming.
Typically, ADR processes include mediation, arbitration, negotiation, conciliation, neutral evaluation and collaborative law. Alternative Dispute Resolution procedures are usually less costly and more expeditious
Furthermore, parties to ADR emerge from the process with their relationship accentuated as it promotes friendliness. It is also less formal and therefore preserves the relationship between the parties. Other advantages of ADR are: it is saves cost, it is faster than litigation, the parties to the dispute to the dispute are availed the opportunity to determine the Coram and it does protect the privacy of parties among others.
Banking law is the broad term for laws that govern how banks and other financial institutions conduct business. Banking and finance law focuses on the contractual relationship between lenders and borrowers. In all financial transactions, the main aim is to negotiate and manage this relationship to ensure the represented party’s interests are met both legally and commercially. Banks must comply with all the applicable laws and regulations
Banking Regulations
The primary legislation for the regulation of banks in Nigeria is the Banks and Other Financial Institutions Act (BOFIA) which, with the Central Bank of Nigeria (Establishment) Act 2007 (CBN Act), gives the Central Bank of Nigeria (CBN) powers to supervise and regulate banks and other financial institutions in Nigeria.
There are other relevant legislations which include:
Companies and Allied Matters Act (Cap 59, Laws of the Federal Republic of Nigeria 1990 (CAMA)), which regulates companies generally.
Nigerian Deposit Insurance Corporation Act, which is responsible for ensuring all deposit liabilities of licensed banks.
Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, which established the Autonomous Foreign Exchange Market and provides the regulatory framework for foreign exchange transactions in Nigeria.
Banking regulations are numerous and complex. All banks, no matter the capacity need a dedicated legal team to interpret, manage and fully comply with banking laws. Private attorneys may be employees of banks, or they may work for a law firm and contract with the bank to provide legal services. Most banks of any appreciable size hire in-house counsel to provide full-time legal services.
Banking law consists of multiple areas that are technically-complex and constantly evolving. As a result, lawyers in this field often specialize in a particular area. A banking lawyer represents the borrower or the lender, and the majority of their role focus on the transactional elements of arranging deals. lawyers in this field support with negotiations, structuring and handling financial arrangements, and conducting due diligence.
A banking lawyer will need to balance compliance by adhering to all applicable laws and regulations (which are often across multiple jurisdictions) and mediate parties by helping them reach mutually-satisfactory terms.
Another element of the role of a banking lawyer is to take an active interest in future trends that may influence a transaction. a banking lawyer then needs to be able to communicate information in a clear and succinct way.
Chieftaincy matters falls under customary law and is best proved by traditional evidence and are employed to seek for declaration of chieftaincy title/right.
Chieftaincy is not a fundamental right and cannot be enforced under Fundamental Right Enforcement Procedure Rules nor under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended), neither is it a human right even though it is a privilege claimed by human beings in an organized society to bring order into their mutual relationship.
In chieftaincy matters, the onus is on the contestants to prove the customary law(s) regulating the appointment to the chieftaincy title and also prove that according to that customary law is being relied on, that he is entitled to the chieftaincy stool being contested.
This is a practice area where Alaiyingi Chambers is pregnant with subject-matter experts.
This area seeks to structure remedies for various forms of torts arising from negligence, pollution and general contamination of the environment.
While it is relatively easy to ascertain whether a defendant is liable for the tort of negligence within the domestic environment, it is in most cases difficult to do so where the allegation is founded on faulty oil facilities or mining sites.
In the latter case, a claimant is required to pin the defendant to the tort of negligence with scientific exactitude.
More often than not, a lawyer would enlist the support of surveyors and environmental scientists to provide the necessary data to be able to prosecute his case successfully.
The business of trading has been in existence from time immemorial. Humans have necessarily engaged in the exchange of goods and services and these activities necessitate the need for a law to govern this exchange, this is where commercial law comes to play.
Commercial law is a body of law that regulates the conducts and relation of individuals who are engaged in trade of physical or intellectual merchandise. Commercial law or business law comprises the whole set of laws related to trade and sales. It includes laws on business contracts, sale of goods, banking, insurance, finance, partnership, bankruptcy, and taxation. It defines rights and obligations of
parties in different types of contracts, such as agency agreements, guarantees, and contracts for carriage, sales and purchase of goods.
Commercial law has different branches which include: Contract Law, Property Law, Business Regulations, Corporate Law, Intellectual Property Law and Tax Law.
A commercial / Business lawyer therefore has to be versed in transactions, financial matters, economic and legal disputes, litigation and various other issues. He/she must also have extensive experience in contract drafting, company merges and acquisitions, employee agreements, negotiations and similar items.
A commercial lawyer has certain duties and responsibilities to commercial endeavors. He/she drafts contracts for service, projects, ventures with other companies and similar concerns. This means that they are obligated to assisting with business transactions and ensuring that deals and arrangements are valid and legal. Many of these duties revolve around contract drafting and analyzing terms of agreements. This could be creating non-disclosure agreements, changing conditions in contracts with other companies or examining legal documents for loop holes.
Some of the responsibilities of a commercial lawyer include merging a business, dissolving a partnership or the company itself, acquiring a new project or organization, negotiating for the owner in some manner, changing the structure of the company’s internal processes and even collaborating with other lawyers if necessary. Sometimes clients, government agencies and various other persons are involved in the business’ matters and must be kept in the loop. Furthermore, in certain instances, a commercial lawyer also files and protects the company through bankruptcy and shedding as many debts as necessary.
In conclusion, the primary goal of a commercial law lawyer is to protect and assist in the best interests of the business he or she works for.
Company secretarial services are not the traditional work of a secretary, as the name might suggest, but rather it refers to the level of administrative function within a business that ensures good corporate governance, effective administration and compliance with legislation, laws and regulations that govern business and industry.
Managing corporate governance is essential for businesses. Your company must adhere to the Companies and Allied Matters Act 2020, comply with the law and legislation that governs their business and stringently maintain records, such as the holding of meetings, conduct of board members, any interactions with shareholders and stakeholders and any engagement with government authorities.
In theory, a company secretary’s duties include all necessary administrative tasks within a company. But broadly, their role consists of three areas: the board, the private company and the shareholders.
They must ensure that the necessary paperwork is provided to the board members ahead of meetings and that board procedures are abided by. The secretary is responsible for ensuring compliance of legislation and proper conduct within company activity. They will be the point of contact for shareholders on matters regarding corporate legalities.
As they are responsible for ensuring the company adheres to the legal requirements, they must be knowledgeable regarding company law, update and maintain the registers in case of inspection, and prepare director reports and accounts.
The secretary will correspond with shareholders, deal with the transfers of shares and any concerns they may have. They would handle any preparation and paperwork arising before and after board meetings, such as informing all directors of the time, date and location of the meeting, producing agendas, taking minutes and producing a document at the end of the meeting and informing the appropriate people of any decisions made during the meeting, such as informing the regulatory information service if a decision was made regarding the payment of a dividend.
Corporate law is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations. Corporate law refers to the laws, rules, and regulations that pertain to corporations. The laws involved regulate the rights and obligations involved with the business activities of a corporation, including formation, ownership, operation, and management
WHAT THEN IS CORPORATION
A corporation is a company or group of people that act as a separate legal entity to conduct business. When someone owns shares of a corporation, they have limited liability. This means they are only responsible for the money they put into the business. If the business fails, they only lose the amount they invested and are not personally liable for the company’s debts.
Corporate lawyers are experts in commercial law. They are tasked with ensuring a company’s transactions comply with corporate laws and regulations. They work to make sure corporations are making decisions that provide the most benefit while remaining legal. They have extensive knowledge in contract law, tax law, intellectual property rights, bankruptcy, and any other branches of law this because these areas of expertise are extensive, and the needs of a corporation in terms of abiding by the law are significant, they usually find the help they need at medium or large law firms.
Duties include the following
• Prepare the appropriate legal documents for trial or court proceedings.
• Evaluate new business partnerships with vendors and subcontractors.
• Represent the company in legal proceedings.
• Design and oversee the company’s policy and position on legal matters.
• Protect the company against legal risks and violations.
• Examine the legal issues related to new products and services.
• Negotiate deals on behalf of the company.
• Guide management on regulatory and compliance issues to ensure compliance with legal regulations.
ALAIYINGI CHAMBERS has the resources and diverse talent that corporations need to excel.
Criminal laws are set of laws that define offences against the state, nation and community. Although the actual victims of criminal offences are mostly individuals, the crimes are usually said to have been committed against the state.
The phrase criminal law cut across all that is involved in the administration of criminal justice. The administration of criminal justice comprises of basically two fields, the substantive and procedural law. The substantive law defines what constitute an offence/crime and provides what appropriate punishment will be meted on offenders. Whilst procedural criminal law provide how suspect would be invited, investigated and possibly prosecuted depending on the outcome of the investigation report.
A criminal law practitioner is guided by the ingredients and elements of a crime as prescribed by the relevant laws in establishing the guilt or innocence of the accused.
This is a proceeding initiated sui generis to seek redress arising from the conduct of elections in Nigeria.
An election petition is either brought by a person who contested an election or a political party which presented a candidate for an election.
One of the distinguishing features of an election petition is that the Electoral Act 2010 prescribes a time limit within which a petition must be presented both at the Tribunal and the appellate courts.
An election petition is designed to challenge the outcome of an election on the ground either that the election wasn’t conducted in substantial compliance with the law, or that the candidate declared a winner did not win with a majority of lawful votes cast at the election or that the person is disqualified from contesting the election by reason of any of the inhibitions created by constitution.
Though a civil proceeding, proof of any allegation upon which an election petition is grounded is beyond reasonable doubt.
One of the impactful judicial interventions is that for a person to be declared winner in an election, he must have participated in all the processes leading to the election.
The areas of energy and environmental law can be very well argued to be an integral part of the Nigerian system and even across the globe and it will not come as a shock to see the high number of cases arising from these areas.
The Energy law practice deals with the legal issues arising right from the exploration of energy down to the final consumer and its fiscal aspects such as taxation and royalties with regards the different sources of energy such as fossil fuel, gas and even renewable energy. This practice area also extends to the grant of licenses and the preparing of contracts such as petroleum sharing contracts.
Environmental law practice on the other hand, largely connects with the use of energy resources, locally and internationally. It also deals with the pollution of the environment due to the release of other hazardous substances into the land, the sea and the air. It facilitates the imposition of penalties on environmental law and policy defaulters, upholds the set environmental standards and rules of practice with regards the use of the environment.
At Alaiyingi chambers, our experienced and well qualified team of lawyers are well involved in the practice of energy and environmental law having represented clients in various energy and environmental contracts and disputes.
Intellectual property refers to creations of the mind, such as inventions; literary and artistic work; designs and symbols. Names and images used in commerce.
Types of intellectual property include copyrights, patents, trademarks and trade secrets. In simple words, intellectual property is the creative product of the mind and its exclusive right to use by developer may be legally protected.
The right of the creators and owners of inventions, writing, music, designs and other works known as the intellectual property are protected by the law.
An intellectual property lawyer specializes in securing and enforcing legal rights to these intellectual properties mentioned. The law also secures assets like personal property and real estate. The law is aimed at protecting the moral and economic rights of the author from being infringed by an unauthorised person.
Labour law posits that employee have rights which should be protected within the workplace and that employers have the duty to provide a safe environment for employees to carry out their jobs effectively. A labour law dispute arises where these rights and duties are not met or are violated by the employees. Thus, a labour dispute is a state of disagreement or grievances over a particular issue or group of issues over which there is conflict between workers and employers which is brought before a competent Court or Tribunal to be adjudicated upon.
At Alaiyingi Chambers, we carefully consider the detailed facts and the context in which these labour issues arise. We have in-depth insights into the practical and legal issues surrounding labour and employment which enables us defend the rights of our clients effectively.
To carry out a project successfully, it is pertinent that corporations seek the advice of legal practitioners endowed with vast knowledge of the subject area the project revolves. The duty of a legal practitioner in this regard is to research into the intricacies of the law regulating the subject matter of the said project and give articulate and detailed advice on same. The legal practitioner serves as the watchman for the client, as the advice given prevents the client from running into future issues relating to the project.
Legal advisory doesn’t just apply to projects alone as corporations need legal advice on areas such as labour or contract disputes, compensation issues, harassment suits or other workplace conflicts, corporate growth, mergers or other corporate agreements amongst others.
At Alaiyingi chambers, we strongly believe that research is the bedrock of advocacy and an essential part of legal practice. With the help of our well-equipped library, we have access to and make proper use of legal materials to be abreast and up to date with the necessary legal principles and laws, needed to defend our clients’ cases.
We are made up of a team of experienced researchers in various fields of studies who have carried out extensive research and all well aware with the workings and technicalities of legal research and writing. As a team and individually, we have researched and presented papers in seminars and conferences on areas such as energy and environmental law, alternative dispute resolution, criminal law amongst others. We pride ourselves in our dedication to develop our knowledge in the various aspects of law through our bi-weekly in-house presentations organised by the firm.
We believe our research culture gives us an edge in the representation of our clients as we appear well prepared before any tribunal and court of competence jurisdiction.
Matrimonial Petition is a mode of commencing proceedings in relation to matrimonial causes or matrimonial matters and other incidental matters such as custody of children and their maintenance.
There are certain matters specified by law which can be brought under a matrimonial petition such as the dissolution of marriage, reconciliation, nullity of marriage, judicial separation, restitution of conjugal rights and jactitation of marriage. The process of undertaking a matrimonial petition in a court having the competent jurisdiction to handle matrimonial matters is majorly governed by the Marriage Act, Matrimonial Causes Act, Child’s Rights Act, Rules of the Court and other enactments.
The High Court of each State of the federation is clothed with the jurisdiction to hear and determine issues in relation to matrimonial causes.
Legal practitioners that are well abreast with matrimonial matters are known as divorce attorneys or family practice lawyers. They must delicately yet justly handle a wide variety of family law issues such as divorce, marriage annulment, legal separation, child custody, child support and visitation rights.
A divorce lawyer must excel in a few unique skills. They have to be attentive listeners because the decisions made in or out of court will greatly affect their client’s lives. Although it may be difficult, it is vital a divorce lawyer remains non-judgmental to assist them in promoting their own client’s best interests. Their interpersonal skills must be strong because they are dealing with a variety of relationships in their profession. Advocacy, mediation and alternative dispute resolution skills should be acquired and mastered as well through continual work and experience in the field.
Our experts in this field have imbibed all the aforementioned skills to ensure that our clients’ interest is protected.
Real Estate is an area of law most lawyers cultivate as it deals with one of foremost necessities of humans.
In Nigeria and other countries where there is acute housing deficit, there are a litany of contestations of title to properties and other adjunct claims.
A property owner or developer is expected to apply due diligence to ensure that his title is properly perfected and transferred from his vendor or assignor. In the case of development, he is required to apply and secure the necessary permits.
Armed with the above, a real estate investor can effective challenge trespassers or defend his title.
In cases of leases and tenancies, a party is expected to ensure that all the statutorily prescribed convenants are inserted and observed.
A will is a written instrument executed with the formalities required by statutes, whereby a person makes a deposition of his /her property (real and personal) to take effect after his death. It is always revocable during his lifetime. A Will speaks from death, it is ambulatory or testamentary, it has no effect until the death of Testator and it involve the following persons
1. The Testator, who makes the Will
2. The Executors, who carry out the wishes of the Testator
3. The Beneficiaries, who will benefit from the legacies
A will is a creation of statute and for it to be valid in law, it must comply strictly with the provisions of the relevant statute and no Will shall be valid unless:
a. It is writing;
b. it is signed by the testator or signed in his name by some other person in his presence and by his direction in such place of the Will so that it is apparent on the face that the testator intended to give effect by the signature to the writing signed as his Will;
c. The testator makes or acknowledges the signature in the presence of at least two witnesses present at the same time;
d. The witnesses attest and subscribe to the Will in the presence of the testator but no form of attestation or publication shall be necessary.
Where a Testator is blind or illiterate, the Will should be read over to him for his understanding and approval; this fact should be recited in the attestation clause to facilitate the grant of probate.
Where a testator wishes to make some changes or alteration in the terms of Will, whether by adding to the number of beneficiaries, or revoking legacies or increasing or reducing the amount of any legacy or otherwise, a recourse may be had to the making of a codicil. The term codicil is a testamentary document and is similar to a will as regards the formalities. In general, however, it is supplemental to a Will previously made. However, all the rules and law applicable to a Will shall equally apply to a codicil.
Finally, for a Will to be valid in law, the Testator must be of sound mind, memory, and understanding. In other words, no person is capable of making a Will who is not of sound mind, memory and understanding.
An experienced lawyer provides useful advice or counsel, receive instructions and prepare the Will in accordance to the Law. They are duty bound to devote their attention, energy and expertise to the service of a client in preparing a Will. Lawyers are to act in a manner consistent with the best interest of their client.
Alternative dispute resolution refers to a variety of processes that help parties resolve disputes without a trial. It is a process of initiating alternative methods and procedures of resolving a civil or commercial dispute without resorting to litigation, which can be expensive, cumbersome and time-consuming.
Typically, ADR processes include mediation, arbitration, negotiation, conciliation, neutral evaluation and collaborative law. Alternative Dispute Resolution procedures are usually less costly and more expeditious
Furthermore, parties to ADR emerge from the process with their relationship accentuated as it promotes friendliness. It is also less formal and therefore preserves the relationship between the parties. Other advantages of ADR are: it is saves cost, it is faster than litigation, the parties to the dispute to the dispute are availed the opportunity to determine the Coram and it does protect the privacy of parties among others.
Banking law is the broad term for laws that govern how banks and other financial institutions conduct business. Banking and finance law focuses on the contractual relationship between lenders and borrowers. In all financial transactions, the main aim is to negotiate and manage this relationship to ensure the represented party’s interests are met both legally and commercially. Banks must comply with all the applicable laws and regulations
Banking Regulations
The primary legislation for the regulation of banks in Nigeria is the Banks and Other Financial Institutions Act (BOFIA) which, with the Central Bank of Nigeria (Establishment) Act 2007 (CBN Act), gives the Central Bank of Nigeria (CBN) powers to supervise and regulate banks and other financial institutions in Nigeria.
There are other relevant legislations which include:
Companies and Allied Matters Act (Cap 59, Laws of the Federal Republic of Nigeria 1990 (CAMA)), which regulates companies generally.
Nigerian Deposit Insurance Corporation Act, which is responsible for ensuring all deposit liabilities of licensed banks.
Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, which established the Autonomous Foreign Exchange Market and provides the regulatory framework for foreign exchange transactions in Nigeria.
Banking regulations are numerous and complex. All banks, no matter the capacity need a dedicated legal team to interpret, manage and fully comply with banking laws. Private attorneys may be employees of banks, or they may work for a law firm and contract with the bank to provide legal services. Most banks of any appreciable size hire in-house counsel to provide full-time legal services.
Banking law consists of multiple areas that are technically-complex and constantly evolving. As a result, lawyers in this field often specialize in a particular area. A banking lawyer represents the borrower or the lender, and the majority of their role focus on the transactional elements of arranging deals. lawyers in this field support with negotiations, structuring and handling financial arrangements, and conducting due diligence.
A banking lawyer will need to balance compliance by adhering to all applicable laws and regulations (which are often across multiple jurisdictions) and mediate parties by helping them reach mutually-satisfactory terms.
Another element of the role of a banking lawyer is to take an active interest in future trends that may influence a transaction. a banking lawyer then needs to be able to communicate information in a clear and succinct way.
Chieftaincy matters falls under customary law and is best proved by traditional evidence and are employed to seek for declaration of chieftaincy title/right.
Chieftaincy is not a fundamental right and cannot be enforced under Fundamental Right Enforcement Procedure Rules nor under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended), neither is it a human right even though it is a privilege claimed by human beings in an organized society to bring order into their mutual relationship.
In chieftaincy matters, the onus is on the contestants to prove the customary law(s) regulating the appointment to the chieftaincy title and also prove that according to that customary law is being relied on, that he is entitled to the chieftaincy stool being contested.
This is a practice area where Alaiyingi Chambers is pregnant with subject-matter experts.
This area seeks to structure remedies for various forms of torts arising from negligence, pollution and general contamination of the environment.
While it is relatively easy to ascertain whether a defendant is liable for the tort of negligence within the domestic environment, it is in most cases difficult to do so where the allegation is founded on faulty oil facilities or mining sites.
In the latter case, a claimant is required to pin the defendant to the tort of negligence with scientific exactitude.
More often than not, a lawyer would enlist the support of surveyors and environmental scientists to provide the necessary data to be able to prosecute his case successfully.
The business of trading has been in existence from time immemorial. Humans have necessarily engaged in the exchange of goods and services and these activities necessitate the need for a law to govern this exchange, this is where commercial law comes to play.
Commercial law is a body of law that regulates the conducts and relation of individuals who are engaged in trade of physical or intellectual merchandise. Commercial law or business law comprises the whole set of laws related to trade and sales. It includes laws on business contracts, sale of goods, banking, insurance, finance, partnership, bankruptcy, and taxation. It defines rights and obligations of
parties in different types of contracts, such as agency agreements, guarantees, and contracts for carriage, sales and purchase of goods.
Commercial law has different branches which include: Contract Law, Property Law, Business Regulations, Corporate Law, Intellectual Property Law and Tax Law.
A commercial / Business lawyer therefore has to be versed in transactions, financial matters, economic and legal disputes, litigation and various other issues. He/she must also have extensive experience in contract drafting, company merges and acquisitions, employee agreements, negotiations and similar items.
A commercial lawyer has certain duties and responsibilities to commercial endeavors. He/she drafts contracts for service, projects, ventures with other companies and similar concerns. This means that they are obligated to assisting with business transactions and ensuring that deals and arrangements are valid and legal. Many of these duties revolve around contract drafting and analyzing terms of agreements. This could be creating non-disclosure agreements, changing conditions in contracts with other companies or examining legal documents for loop holes.
Some of the responsibilities of a commercial lawyer include merging a business, dissolving a partnership or the company itself, acquiring a new project or organization, negotiating for the owner in some manner, changing the structure of the company’s internal processes and even collaborating with other lawyers if necessary. Sometimes clients, government agencies and various other persons are involved in the business’ matters and must be kept in the loop. Furthermore, in certain instances, a commercial lawyer also files and protects the company through bankruptcy and shedding as many debts as necessary.
In conclusion, the primary goal of a commercial law lawyer is to protect and assist in the best interests of the business he or she works for.
Company secretarial services are not the traditional work of a secretary, as the name might suggest, but rather it refers to the level of administrative function within a business that ensures good corporate governance, effective administration and compliance with legislation, laws and regulations that govern business and industry.
Managing corporate governance is essential for businesses. Your company must adhere to the Companies and Allied Matters Act 2020, comply with the law and legislation that governs their business and stringently maintain records, such as the holding of meetings, conduct of board members, any interactions with shareholders and stakeholders and any engagement with government authorities.
In theory, a company secretary’s duties include all necessary administrative tasks within a company. But broadly, their role consists of three areas: the board, the private company and the shareholders.
They must ensure that the necessary paperwork is provided to the board members ahead of meetings and that board procedures are abided by. The secretary is responsible for ensuring compliance of legislation and proper conduct within company activity. They will be the point of contact for shareholders on matters regarding corporate legalities.
As they are responsible for ensuring the company adheres to the legal requirements, they must be knowledgeable regarding company law, update and maintain the registers in case of inspection, and prepare director reports and accounts.
The secretary will correspond with shareholders, deal with the transfers of shares and any concerns they may have. They would handle any preparation and paperwork arising before and after board meetings, such as informing all directors of the time, date and location of the meeting, producing agendas, taking minutes and producing a document at the end of the meeting and informing the appropriate people of any decisions made during the meeting, such as informing the regulatory information service if a decision was made regarding the payment of a dividend.
Corporate law is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations. Corporate law refers to the laws, rules, and regulations that pertain to corporations. The laws involved regulate the rights and obligations involved with the business activities of a corporation, including formation, ownership, operation, and management
WHAT THEN IS CORPORATION
A corporation is a company or group of people that act as a separate legal entity to conduct business. When someone owns shares of a corporation, they have limited liability. This means they are only responsible for the money they put into the business. If the business fails, they only lose the amount they invested and are not personally liable for the company’s debts.
Corporate lawyers are experts in commercial law. They are tasked with ensuring a company’s transactions comply with corporate laws and regulations. They work to make sure corporations are making decisions that provide the most benefit while remaining legal. They have extensive knowledge in contract law, tax law, intellectual property rights, bankruptcy, and any other branches of law this because these areas of expertise are extensive, and the needs of a corporation in terms of abiding by the law are significant, they usually find the help they need at medium or large law firms.
Duties include the following
• Prepare the appropriate legal documents for trial or court proceedings.
• Evaluate new business partnerships with vendors and subcontractors.
• Represent the company in legal proceedings.
• Design and oversee the company’s policy and position on legal matters.
• Protect the company against legal risks and violations.
• Examine the legal issues related to new products and services.
• Negotiate deals on behalf of the company.
• Guide management on regulatory and compliance issues to ensure compliance with legal regulations.
ALAIYINGI CHAMBERS has the resources and diverse talent that corporations need to excel.
Criminal laws are set of laws that define offences against the state, nation and community. Although the actual victims of criminal offences are mostly individuals, the crimes are usually said to have been committed against the state.
The phrase criminal law cut across all that is involved in the administration of criminal justice. The administration of criminal justice comprises of basically two fields, the substantive and procedural law. The substantive law defines what constitute an offence/crime and provides what appropriate punishment will be meted on offenders. Whilst procedural criminal law provide how suspect would be invited, investigated and possibly prosecuted depending on the outcome of the investigation report.
A criminal law practitioner is guided by the ingredients and elements of a crime as prescribed by the relevant laws in establishing the guilt or innocence of the accused.
This is a proceeding initiated sui generis to seek redress arising from the conduct of elections in Nigeria.
An election petition is either brought by a person who contested an election or a political party which presented a candidate for an election.
One of the distinguishing features of an election petition is that the Electoral Act 2010 prescribes a time limit within which a petition must be presented both at the Tribunal and the appellate courts.
An election petition is designed to challenge the outcome of an election on the ground either that the election wasn’t conducted in substantial compliance with the law, or that the candidate declared a winner did not win with a majority of lawful votes cast at the election or that the person is disqualified from contesting the election by reason of any of the inhibitions created by constitution.
Though a civil proceeding, proof of any allegation upon which an election petition is grounded is beyond reasonable doubt.
One of the impactful judicial interventions is that for a person to be declared winner in an election, he must have participated in all the processes leading to the election.
The areas of energy and environmental law can be very well argued to be an integral part of the Nigerian system and even across the globe and it will not come as a shock to see the high number of cases arising from these areas.
The Energy law practice deals with the legal issues arising right from the exploration of energy down to the final consumer and its fiscal aspects such as taxation and royalties with regards the different sources of energy such as fossil fuel, gas and even renewable energy. This practice area also extends to the grant of licenses and the preparing of contracts such as petroleum sharing contracts.
Environmental law practice on the other hand, largely connects with the use of energy resources, locally and internationally. It also deals with the pollution of the environment due to the release of other hazardous substances into the land, the sea and the air. It facilitates the imposition of penalties on environmental law and policy defaulters, upholds the set environmental standards and rules of practice with regards the use of the environment.
At Alaiyingi chambers, our experienced and well qualified team of lawyers are well involved in the practice of energy and environmental law having represented clients in various energy and environmental contracts and disputes.
Intellectual property refers to creations of the mind, such as inventions; literary and artistic work; designs and symbols. Names and images used in commerce.
Types of intellectual property include copyrights, patents, trademarks and trade secrets. In simple words, intellectual property is the creative product of the mind and its exclusive right to use by developer may be legally protected.
The right of the creators and owners of inventions, writing, music, designs and other works known as the intellectual property are protected by the law.
An intellectual property lawyer specializes in securing and enforcing legal rights to these intellectual properties mentioned. The law also secures assets like personal property and real estate. The law is aimed at protecting the moral and economic rights of the author from being infringed by an unauthorised person.
Labour law posits that employee have rights which should be protected within the workplace and that employers have the duty to provide a safe environment for employees to carry out their jobs effectively. A labour law dispute arises where these rights and duties are not met or are violated by the employees. Thus, a labour dispute is a state of disagreement or grievances over a particular issue or group of issues over which there is conflict between workers and employers which is brought before a competent Court or Tribunal to be adjudicated upon.
At Alaiyingi Chambers, we carefully consider the detailed facts and the context in which these labour issues arise. We have in-depth insights into the practical and legal issues surrounding labour and employment which enables us defend the rights of our clients effectively.
To carry out a project successfully, it is pertinent that corporations seek the advice of legal practitioners endowed with vast knowledge of the subject area the project revolves. The duty of a legal practitioner in this regard is to research into the intricacies of the law regulating the subject matter of the said project and give articulate and detailed advice on same. The legal practitioner serves as the watchman for the client, as the advice given prevents the client from running into future issues relating to the project.
Legal advisory doesn’t just apply to projects alone as corporations need legal advice on areas such as labour or contract disputes, compensation issues, harassment suits or other workplace conflicts, corporate growth, mergers or other corporate agreements amongst others.
At Alaiyingi chambers, we strongly believe that research is the bedrock of advocacy and an essential part of legal practice. With the help of our well-equipped library, we have access to and make proper use of legal materials to be abreast and up to date with the necessary legal principles and laws, needed to defend our clients’ cases.
We are made up of a team of experienced researchers in various fields of studies who have carried out extensive research and all well aware with the workings and technicalities of legal research and writing. As a team and individually, we have researched and presented papers in seminars and conferences on areas such as energy and environmental law, alternative dispute resolution, criminal law amongst others. We pride ourselves in our dedication to develop our knowledge in the various aspects of law through our bi-weekly in-house presentations organised by the firm.
We believe our research culture gives us an edge in the representation of our clients as we appear well prepared before any tribunal and court of competence jurisdiction.
Matrimonial Petition is a mode of commencing proceedings in relation to matrimonial causes or matrimonial matters and other incidental matters such as custody of children and their maintenance.
There are certain matters specified by law which can be brought under a matrimonial petition such as the dissolution of marriage, reconciliation, nullity of marriage, judicial separation, restitution of conjugal rights and jactitation of marriage. The process of undertaking a matrimonial petition in a court having the competent jurisdiction to handle matrimonial matters is majorly governed by the Marriage Act, Matrimonial Causes Act, Child’s Rights Act, Rules of the Court and other enactments.
The High Court of each State of the federation is clothed with the jurisdiction to hear and determine issues in relation to matrimonial causes.
Legal practitioners that are well abreast with matrimonial matters are known as divorce attorneys or family practice lawyers. They must delicately yet justly handle a wide variety of family law issues such as divorce, marriage annulment, legal separation, child custody, child support and visitation rights.
A divorce lawyer must excel in a few unique skills. They have to be attentive listeners because the decisions made in or out of court will greatly affect their client’s lives. Although it may be difficult, it is vital a divorce lawyer remains non-judgmental to assist them in promoting their own client’s best interests. Their interpersonal skills must be strong because they are dealing with a variety of relationships in their profession. Advocacy, mediation and alternative dispute resolution skills should be acquired and mastered as well through continual work and experience in the field.
Our experts in this field have imbibed all the aforementioned skills to ensure that our clients’ interest is protected.
Real Estate is an area of law most lawyers cultivate as it deals with one of foremost necessities of humans.
In Nigeria and other countries where there is acute housing deficit, there are a litany of contestations of title to properties and other adjunct claims.
A property owner or developer is expected to apply due diligence to ensure that his title is properly perfected and transferred from his vendor or assignor. In the case of development, he is required to apply and secure the necessary permits.
Armed with the above, a real estate investor can effective challenge trespassers or defend his title.
In cases of leases and tenancies, a party is expected to ensure that all the statutorily prescribed convenants are inserted and observed.
A will is a written instrument executed with the formalities required by statutes, whereby a person makes a deposition of his /her property (real and personal) to take effect after his death. It is always revocable during his lifetime. A Will speaks from death, it is ambulatory or testamentary, it has no effect until the death of Testator and it involve the following persons
1. The Testator, who makes the Will
2. The Executors, who carry out the wishes of the Testator
3. The Beneficiaries, who will benefit from the legacies
A will is a creation of statute and for it to be valid in law, it must comply strictly with the provisions of the relevant statute and no Will shall be valid unless:
a. It is writing;
b. it is signed by the testator or signed in his name by some other person in his presence and by his direction in such place of the Will so that it is apparent on the face that the testator intended to give effect by the signature to the writing signed as his Will;
c. The testator makes or acknowledges the signature in the presence of at least two witnesses present at the same time;
d. The witnesses attest and subscribe to the Will in the presence of the testator but no form of attestation or publication shall be necessary.
Where a Testator is blind or illiterate, the Will should be read over to him for his understanding and approval; this fact should be recited in the attestation clause to facilitate the grant of probate.
Where a testator wishes to make some changes or alteration in the terms of Will, whether by adding to the number of beneficiaries, or revoking legacies or increasing or reducing the amount of any legacy or otherwise, a recourse may be had to the making of a codicil. The term codicil is a testamentary document and is similar to a will as regards the formalities. In general, however, it is supplemental to a Will previously made. However, all the rules and law applicable to a Will shall equally apply to a codicil.
Finally, for a Will to be valid in law, the Testator must be of sound mind, memory, and understanding. In other words, no person is capable of making a Will who is not of sound mind, memory and understanding.
An experienced lawyer provides useful advice or counsel, receive instructions and prepare the Will in accordance to the Law. They are duty bound to devote their attention, energy and expertise to the service of a client in preparing a Will. Lawyers are to act in a manner consistent with the best interest of their client.
