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Home Blog Page 5327

Divorce process in Nigeria

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When lawyers, mediators, counselors or therapists advise couples to consider the option  of divorce, it should be noted that the adviser is not an enabler or promoter of divorce neither is he a messenger of doom. Nobody in his or her sound mental cum moral state can advise a couple whose marriage is beautiful and working out to get a divorce.

The advice for divorce only comes into question when it is the last and best resort at the moment for the peace and mental health and even safety of the persons involved in the marriage.

As paradoxical as it is, the Nigerian dominant religions frown at divorce, even the traditionalists don’t support divorce and separation of marriage, morality police also shuns its option in the society. Folks don’t hesitate to quote that marriage is for life; till death do you path and the religious cliché “what God has joined together, let nobody put asunder” sums up the fact that everyone is against divorce.

We also as lawyers and marriage counselors  don’t in all morality and in every sense of honesty support divorce but it’s advisable to get a divorce and stay alive in good health and mental health instead of perching yourselves up in something that’s clearly no longer working; risking your sanity, your children and all you have worked for and in some extreme cases risking your life.

Hence the disclaimer: this  post is not to encourage divorces or separation of marriages but it is to be the last resort; to be resorted to when everything has failed and the marriage has broken down “irretrievably and irredeemably”.

Due to the sanctity of the institution of marriage, even judges and courts that are legally empowered to declare a marriage to come to a close are always reluctant to grant divorce pleadings. Judges do all their best to make sure that divorce processes don’t pull through or couples seeking divorce can still make the marriage work but when it is obvious that what is the best option is divorce the judge will be left with no other option but to grant it.

The Matrimonial Causes Act in S.11 mandates the court not to be quick to grant divorce prayers; they should try to make sure the couples try the option of reconciliation. This is to happen through the active steps of the court, us setting up mediation and appointing mediators and conciliators for the reconciliation process of the couples seeking divorce to see  If the partners can sort out the differences.

The law also mandates the judge to first act as a conciliator to seek for the reconciliation of the couple first. He can only step into his judicial capacity to commence hearing of the divorce petition when the mediation and conciliation for the reconciliation of the partners fails.

It is only when s11 of the act has been fulfilled by the judge and the parties still want divorce that the judge can go ahead to hear the divorce petition.

Therefore, in Nigerian courts, before the prayer for divorce can be granted by the judge, the couple(s) must prove and it must be “manifestly be seen” that the marriage has broken down irretrievably, this means that the partners and even the court have tried everything to make the marriage work but it’s clearly not working and the partners going their separate ways is the best option at the time being.

Also, courts will be hesitant to grant partners divorce for a marriage that is less than two years, this is called the two years rule. The law according to the s.30 of the matrimonial causes act provides that it is only with the leave of the court that a proceeding for divorce and separation of marriage that is less than two years can be commenced.

Steps of Getting a Divorce  in Nigeria

Firstly, you must institute a process for divorce through your lawyer in the High court of the state that has competent jurisdiction. Divorce and dissolution of marriage is instituted through filing a petition.

Secondly, the party seeking divorce must show through marriage certificate and other relevant documents that the marriage is not less than two years. This is called the two years rule as according to s.30 of the matrimonial cause act, leave of court must first be obtained for divorce or separation of marriage that is less that two years (as we earlier pointed out).

The party seeking the divorce must also prove to the court that the marriage has broken down irretrievably and and irredeemably and the court granting the couple divorce is the last and ultimate alternative

Ground  Divorce in Nigeria

The primary ground for divorce in Nigeria is that the marriage has broken down irretrievably and irredeemably. This is the provision of the matrimonial cause act in s.15. What the phrase, “broken down irretrievably” means is that there’s nothing that could ever be done for the marriage to ever work again and divorce is the last and best resort.

Others valid reasons (grounds)  for divorce are:

  1. When a partner is unfaithful and the other partner cannot tolerate the extra marital affairs can be a ground for divorce.
  2. When a partner is denying the other partner sex or love making or when one partner due to mental or health conditions cannot grant sex or sexually satisfy the other partner can be a valid ground for divorce. This is called  the inability to consummate the marriage.
  3. When a man cannot provide for the needs of the family or take care of the family can be a  ground for a wife to file for divorce, if it can be proven to the court that failure of the man to take care of the family has led to the marriage breaking down irretrievably.
  4. When a partner exhibits a character that is annoying to the other partner that the other partner can no longer tolerate, the habit can be a valid ground for a partner filing for divorce. For instance, a wife can file for divorce on the grounds that the man is a serial drunkard. A partner can also file for divorce on the ground that the other partner is dirty, untidy; you can as well file divorce petition on the ground that your partner farts carelessly and pollutes the air and you can no longer tolerate that behavior; it is now based on the discretion of the court to determine if those behaviors has made the marriage to break down irredeemably.
    When a partner has deserted the marriage or left the other partner and becomes incommunicado is a valid ground to seek for divorce.
  5. When the marriage was contracted under falsehood, half truth or undeclared facts can as well be a ground for seeking for divorce.
  6. When a partner is abusive is a valid ground for divorce. Physical, mental or emotional abuse is always not treated lightly by the court in divorce  process. So abusive marriage is a valid reason to file for divorce and the court must grant the prayer. It is always advisable to run away from an abusive marriage, file for divorce once your partner starts getting physical with you and beats you up or threatens to beat you up. It’s better for you to be alone and alive and in good health than be in marriage where you are turned into a punching bag.
  7. When a partner falls sick and the mental or health condition is what the other partner can no longer cope with is a ground for divorce especially if the infirmity that the partner is suffering from is that which can be communicable.

These are some of the grounds that a partner can institute a proceeding for divorce or dissolution of marriage. When any of these grounds is the reason why a partner is seeking divorce, it must be established that the reason leads to the primary ground which is; it made the marriage to have broken irretrievably.

When the court declared a marriage dissolved, it means that the partners are now legally free and single, free as birds to mingle and to go into another marriage if they so wish.

Getting a Divorce in Nigeria

The process of instituting a divorce process in Nigeria starts with filing a petition in the High court of the state which has jurisdiction and goes through the trial process, filing of affidavits, evidences are tendered before court comes to judgment.

The process and all therein can be tedious and technical and that’s why you need to employ the services of divorce lawyer that can guide you through. 

Nigeria, Let’s Help On Fuel Subsidy Monitoring With Technology

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Now that Nigeria plans to amend the oil industry law to extend the petrol subsidies (sorry IMF), it is time to digitize this downstream sector. I offer to help Nigeria build a transparent, robust and real-time integrated petrol distribution and monitoring system. I will drop sensors in every fuel truck, fuel tank and depot, linking all via GSM to a database, and using GIS data, connect the elements. The end result: you have full visibility on volume, consumption, etc at any point in the nation.

I will install LCD monitors for all LGAs chairmen, governors and Presidency to have real time data of petrol consumed, quantity in all jurisdictional fuel stations, quantity coming to their domains, depot capacity, etc.

This project will be delivered within 6 months. We have the technologies via eonfleet, TradeGrid, FuelFacts and Zenvus. These are our portfolio companies and we will fix this problem for Nigeria. I expect savings of about 20-30% if we do this: “The Nigerian National Petroleum Corporation (NNPC) has presented a bill of N3 trillion to the federal executive council (FEC), as payment for petrol subsidy in 2022”

Nigeria, can you challenge us on this?

Nigeria Approves N3 Trillion for 2022 Petrol Subsidy, Compounding Budget Deficit

Nigeria Approves N3 Trillion for 2022 Petrol Subsidy, Compounding Budget Deficit

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The Nigerian National Petroleum Corporation (NNPC) has presented a bill of N3 trillion to the federal executive council (FEC), as payment for petrol subsidy in 2022.

Tension was brewing between the federal government and organized labor unions over the former’s attempt to remove the petrol subsidy by June. The Nigerian Labour Congress had threatened to embark on indefinite nationwide strike, citing the amount of suffering the petrol subsidy removal will bring upon Nigerians.

Backing down from the lingered standoff, the federal government had suspended its plan to remove the subsidy and proposed an 18-month extension for the implementation of the petroleum industry law to cater for subsidy shortfall.

The Minister of Finance, Budget and National Planning, Zainab Ahmed, said on Wednesday at the end of the FEC meeting in Abuja, that a request was presented to provide additional funding to meet the incremental petrol subsidy request in the 2022 budget.

She explained that the sum of N443 billion was originally allocated for fuel subsidy in 2022, which was scheduled to last from January till June. But with fierce opposition from organized labor unions fueled by the concern that there are no structures in place to cushion the effect of the subsidy removal, the only option is to adjust the budget to accommodate the N3 trillion for the petrol subsidy.

“What this means is that we have to make incremental provision of N2.557 trillion to be able to meet subsidy requirement which is averaging about N270 billion per month. We also presented to Council today a request for Council’s consideration to make additional funding provisions to enable us to meet incremental fuel subsidy request in the 2022 Budget.

“You’ll recall that in the 2022 Budget, as appropriated, we have made a provision of N443 billion for a subsidy for January to June. Having taken into account the current realities; increased hardship in the population, heightened inflation, and also that the measures that needed to be taken to enable a smoother exit from the fuel subsidy are not yet in place, it was agreed by Council that it is desirable to exit fuel subsidy.

“The Nigerian National Petroleum Company (NNPC) has presented to the ministry a request for N3 trillion as fuel subsidy for 2022. What this means is that we have to make an incremental provision of N2.557 trillion to be able to meet the subsidy requirement, which is averaging about N270 billion per month.

“In 2021, the actual under-recovery that has been charged to the Federation was N1.2 trillion, which means an average of N100 billion, but in 2022, because of the increased crude oil price per barrel in the global market, now at $80 per barrel, and also because an NNPC’s assessment is that the country is consuming 65.7 million litres per day, now we’ll end up with the incremental cost of N3 trillion in 2022.

“So, this has been considered by Council and we’ve also been asked to approach the National Assembly for an amendment to the fiscal framework as well as the Budget, to also further discuss with NNPC on how to make provisions for this and also how to rationalize this expenditure,” she said.

Ahmed also explained that the new turn of events means that the Petroleum Industry Act (PIA) and the budget will be revisited to include the changes.

“The PIA had required that all petroleum products should be deregulated within six months of signing the PIB into law. And the six months would have meant from August to February. But when we were doing the budget we stretched that to June. So it means technically that from September, there will be a new fuel subsidy.

“But having to step back and take into account the realities of today, what it means is we have to go back and amend the PIA, so the ministry of petroleum resources will be leading on that. They had indicated that they will be asking for an amendment to extend it to 18 months from six months. And then it means we can now also amend the budget. So the two processes will go side by side.

“In the case of the budget, we’re looking at extending to December in the first instance, because this budget year is January to December and we’re going to engage NNPC to further interrogate the request that they presented with a view of trying to see how we can scale it down so that the country is not incurring N3 trillion for a fuel subsidy.”

The N3 trillion budgeted for the subsidy accounts for 17.5% of the N17.126 trillion 2022 budget, which opens further room for budget deficit. The 2022 budget already has a deficit of N6.39 trillion, which amounts to 37% of the budget. The N3 trillion also amounts to 55% and 43% of the capital component and recurrent expenditure of the 2022 budget respectively.

The presidential spokesman, Femi Adesina, has said the federal government will continue borrowing to fund the budget since Nigerians don’t want it removed. This means, as oil prices rise, a bigger deficit is expected in the implementation of the 2022 budget.

Apple to Launch Contactless Payment with iPhone

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As the payment industry maintains its burgeoning outlook, big players in the tech space are exploring ways to win market shares by onboarding more payment services. Besides partnering with payment companies, many Silicon Valley big names have been creating custom payment systems that will potentially make them major competitors in the payment market.

To this end, Apple is planning a new service that will let small businesses accept payments directly on their iPhones without any extra hardware, Bloomberg reports, citing people with knowledge of the matter.

The iPhone maker has been running Apple Pay for purchases on iPhone, iPad and Mac. The new feature signals Apple’s intent to expand its payment ambition.

The report said that Apple has been working on the new feature since around 2020, when it paid about $100 million for a Canadian startup called Mobeewave that developed technology for smartphones to accept payments with the tap of a credit card.

Bloomberg noted that the system will likely use the iPhone’s near field communications, or NFC, chip that is currently used for Apple Pay. In order to accept payments on an iPhone today, merchants need to use payment terminals that plug in or communicate with the phone via Bluetooth, such as Block Inc.’s Square, which dominates the market.

The upcoming feature will instead turn the iPhone into a payment terminal, letting users such as food trucks and hair stylists accept payments with the tap of a credit card or another iPhone onto the back of their device, the report said.

Citing the people with the knowledge of the matter, Bloomberg said it’s unclear whether the payment acceptance option will be branded as part of Apple Pay, though the team working on the feature has been working within Apple’s payments division since being brought over from Mobeewave. It’s also not known if Apple intends to partner with an existing payment network for the feature or launch it alone.

Mobeewave’s payment acceptance technology started with Samsung, which invested in the startup before it was sold to Apple. Samsung implemented credit card acceptance with a tap on its devices using the startup’s payment technology in 2019.

Apple may begin rolling out the feature via a software update in the coming months, the people said. The company is expected to release the first beta version of iOS 15.4 in the near future, which is likely to see a final release for consumers as early as the spring. An Apple spokeswoman declined to comment.

That would put the debut near a few other announcements; Apple plans to launch an iPhone SE and iPad Air with 5G as early as March or April, in addition to a new Mac running an Apple custom processor, Bloomberg News has reported.

Apple has been escalating its push in payments in recent years, launching the Apple Card in the U.S. in 2019 and rolling out Apple device installment plans on the credit card later that year. It also offers the Apple Cash card for digital peer-to-peer payments and is working on a service for Apple Pay that would let people buy things and pay them off later in installments, Bloomberg News reported last year.

Join My Excursion to the Mechanics of Market Which Begins Feb 7

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I have been in business right from Oriendu Market in Ovim, Abia State, helping my grandmother on her garri and yam stores. In Federal University of Technology Owerri (FUTO), I ran a great business, publishing and editing my own campus magazine – FUTO Bubbles.

In NYSC, I did my first contract for the Nigerian government, winning and executing the structured office wiring project for NYSC Jos secretariat. I bought my first car (directly imported from Europe) from that  job as a NYSC member. In America, I worked as a grad student in the day, and in the night, I was a CEO of my African company.

You can see one thing: this is a business guy who really likes business. You know what? I share those experiences and more through Tekedia Institute Mini-MBA which begins Feb 7.

I invite you to go and register. It goes for N90,000 or $170 and runs for 12 weeks. It is the best knowledge investment you will make this quarter – I promise you. Come to my excursion and let’s visit the mechanics of markets.  Register here and let’s co-learn.