Daily Law Tips (Tip 759) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
![image](/2021/03/sjk.jpg")
Introduction:
Any person can make any agreement for himself or for another person
but for free in any part of Nigeria. Such an agreement is valid and
will be honored in any part of Nigeria. However, there are certain
classes and types of agreements and documents that no other person
apart from a lawyer can prepare in any part of Nigeria. And, any
attempt by any non-lawyer to prepare such agreement is a criminal
offense. Also, all agreements not made by lawyers are invalid and
useless. This work shows the reason all agreements not made by
lawyers are invalid and useless in Nigeria. It also highlights the
few exceptions to this rule.
![image](/2021/01/payne-alex.jpg")
Lawyers Work:
Some years ago, there were very funny and popular car/door stickers
made by a certain lawyer for lawyers and their relatives. The
stickers were made with yellow and black colors. One of the
stickers read; “Wetin Lawyers Dey Do Self?” (what do lawyers really
do?). That sticker represents the common thought of an average
Nigerian, when trying to underpay a lawyer or to rationalize a plan
to seek quackery.
Well, the work of lawyers is almost endless, hence, law practice
is a window. To avoid quackery and erosion of trust, lawyers work
is protected by a federal law (the Legal Practitioners Act, 1975).
The Federal law prohibits every non-lawyer from performing any part
of lawyers’ work. It also ensures that other professionals that can
easily pass-off as lawyers are never cross the line to lawyers’
work. The law even invalidates and declares worthless, any
agreement/document meant to be prepared by lawyers but was prepared
by a non-lawyer.
By the Legal Practitioners Act, it is a criminal offence in
Nigeria, for a non-lawyer to prepare any document relating to rent,
tenancy, lease, mortgage, sale, transfer, gift, land, landed
property, extracted and not-extracted minerals resources, mines,
buildings, structures or relating to probate, letters of
administration or any proceedings in court in Nigeria. The offence
is punishable with a fine that is not more than #200.00 or
imprisonment for not more than 2 years or both. Where an offender
is a company, the directors, managers, secretaries or any such
officer as well as the company will be held liable. However, the
offence cannot be brought to court after 3 years from the time the
offence was committed. It is irrelevant whether the non-lawyer
posed as a lawyer or not, the mere fact that the work of lawyers is
been performed by a non-lawyer for a fee is a crime. Although
posing as a lawyer is another offence; the offence of
impersonation.
All agreements not made by lawyers are invalid and useless,
where the agreement was prepared for a fee and the agreement
relates to rent, tenancy, lease, mortgage, sale, transfer, gift,
land, landed property, extracted and not-extracted minerals
resources, mines, buildings, structures or probate, letters of
administration or any proceedings in court in Nigeria. This also
affects all monies or ownership obtained or sought to be obtained
from such documents, they are all invalid, useless and worthless.
So, any of the party at any time can collect back any monies or
property paid or transferred earlier via an agreement or document
prepared by a paid non-lawyer, whether the matter is in court or
not and even after the expiration of 3 years stipulated for
prosecution of persons attempting lawyers’ work.
Conclusion:
All professions and professionals are protected to ensure standards
and recommended practices are observed and maintained. Any attempt
to engage a paid non-lawyer to perform the work of lawyers is a
total waste of time and a foolish promotion of quackery. First, it
is a criminal offence that can lead to imprisonment and fine.
Secondly, the document/agreement prepared by a paid non-lawyer is
invalid, fake, useless, worthless and nullified. Lastly, any money
paid or property transferred through such useless document is also
invalid and worthless. It is at best a mere attempted transaction
and never a perfected/completed transaction. As such, monies paid
and property exchanged can be recovered. It pays to engage a
lawyer!
My authorities, are:
1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal
Republic of Nigeria, 1999.
2. Sections 2, 22(1)(d), 22(2), 22(4), 22(5), 22(6), 22(7), 24 and
25 of the Legal Practitioners Act, 1975
3. Onyekachi Umah, “Estate Surveyors and Valuers Cannot Prepare
Tenancy/Land Documents” (LearnNigerianLaws.com, 30 November 2020)
<https://learnnigerianlaws.com/estate-surveyors-and-valuers-cannot-prepare-tenancy-land-documents/[1]> accessed 17 March
2021
4. Onyekachi Umah, “It Is An Offence For Non-Lawyer To Prepare Any
Document/Agreement Relating To Rent, Buildings, Land Or Mineral
Resources” (LearnNigerianLaws.com, 12 September 2019 <https://learnnigerianlaws.com/it-is-an-offence-for-none-lawyer-to-prepare-any-document-agreement-relating-to-rent-buildings-land-or-mineral-resources-daily-law-tips-tip-413-by-onyekachi-umah-esq-llm-aciarb-uk/[2]> accessed 17 March
2021
5. Onyekachi Umah, “It Is An Offence For Non-Lawyer To Prepare Any
Document/Agreement Relating To Rent, Buildings, Land Or Mineral
Resources” (LearnNigerianLaws.com, 12 September 2019 <https://learnnigerianlaws.com/it-is-an-offence-for-none-lawyer-to-prepare-any-document-agreement-relating-to-rent-buildings-land-or-mineral-resources/[3]> accessed 17 March
2021
6. Onyekachi Umah, “List Of Agreements And Transactions That Are
Invalid If Handled By A None Lawyer In Nigeria”
(LearnNigerianLaws.com, 3 October 2019) <https://learnnigerianlaws.com/list-of-agreements-and-transactions-that-are-invalid-if-handled-by-a-non-lawyer-in-nigeria/[4]> accessed 17 March
2021
7. Onyekachi Umah, “Legal Practitioners Cannot Sell Land In
Nigeria.” (LearnNigerianLaws.com, 31 August 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-174-legal-practitioners-cannot-sell-land-in-nigeria/[5]
> accessed 17 March 2021.
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp).
To receive free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/DgFYxiYw6Mm8MdvOl3N1yn or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all our free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram: @LearnNigerianLaws, Twitter: @LearnNigeriaLaw and
YouTube: Learn Nigerian Laws
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria.
Daily Law Tips (Tip 759) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)
Introduction:
Any person can make any agreement for himself or for another person
but for free in any part of Nigeria. Such an agreement is valid and
will be honored in any part of Nigeria. However, there are certain
classes and types of agreements and documents that no other person
apart from a lawyer can prepare in any part of Nigeria. And, any
attempt by any non-lawyer to prepare such agreement is a criminal
offense. Also, all agreements not made by lawyers are invalid and
useless. This work shows the reason all agreements not made by
lawyers are invalid and useless in Nigeria. It also highlights the
few exceptions to this rule.
Lawyers Work:
Some years ago, there were very funny and popular car/door stickers
made by a certain lawyer for lawyers and their relatives. The
stickers were made with yellow and black colors. One of the
stickers read; “Wetin Lawyers Dey Do Self?” (what do lawyers really
do?). That sticker represents the common thought of an average
Nigerian, when trying to underpay a lawyer or to rationalize a plan
to seek quackery.
Well, the work of lawyers is almost endless, hence, law practice
is a window. To avoid quackery and erosion of trust, lawyers work
is protected by a federal law (the Legal Practitioners Act, 1975).
The Federal law prohibits every non-lawyer from performing any part
of lawyers’ work. It also ensures that other professionals that can
easily pass-off as lawyers are never cross the line to lawyers’
work. The law even invalidates and declares worthless, any
agreement/document meant to be prepared by lawyers but was prepared
by a non-lawyer.
By the Legal Practitioners Act, it is a criminal offence in
Nigeria, for a non-lawyer to prepare any document relating to rent,
tenancy, lease, mortgage, sale, transfer, gift, land, landed
property, extracted and not-extracted minerals resources, mines,
buildings, structures or relating to probate, letters of
administration or any proceedings in court in Nigeria. The offence
is punishable with a fine that is not more than #200.00 or
imprisonment for not more than 2 years or both. Where an offender
is a company, the directors, managers, secretaries or any such
officer as well as the company will be held liable. However, the
offence cannot be brought to court after 3 years from the time the
offence was committed. It is irrelevant whether the non-lawyer
posed as a lawyer or not, the mere fact that the work of lawyers is
been performed by a non-lawyer for a fee is a crime. Although
posing as a lawyer is another offence; the offence of
impersonation.
All agreements not made by lawyers are invalid and useless,
where the agreement was prepared for a fee and the agreement
relates to rent, tenancy, lease, mortgage, sale, transfer, gift,
land, landed property, extracted and not-extracted minerals
resources, mines, buildings, structures or probate, letters of
administration or any proceedings in court in Nigeria. This also
affects all monies or ownership obtained or sought to be obtained
from such documents, they are all invalid, useless and worthless.
So, any of the party at any time can collect back any monies or
property paid or transferred earlier via an agreement or document
prepared by a paid non-lawyer, whether the matter is in court or
not and even after the expiration of 3 years stipulated for
prosecution of persons attempting lawyers’ work.
Conclusion:
All professions and professionals are protected to ensure standards
and recommended practices are observed and maintained. Any attempt
to engage a paid non-lawyer to perform the work of lawyers is a
total waste of time and a foolish promotion of quackery. First, it
is a criminal offence that can lead to imprisonment and fine.
Secondly, the document/agreement prepared by a paid non-lawyer is
invalid, fake, useless, worthless and nullified. Lastly, any money
paid or property transferred through such useless document is also
invalid and worthless. It is at best a mere attempted transaction
and never a perfected/completed transaction. As such, monies paid
and property exchanged can be recovered. It pays to engage a
lawyer!
My authorities, are:
1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal
Republic of Nigeria, 1999.
2. Sections 2, 22(1)(d), 22(2), 22(4), 22(5), 22(6), 22(7), 24 and
25 of the Legal Practitioners Act, 1975
3. Onyekachi Umah, “Estate Surveyors and Valuers Cannot Prepare
Tenancy/Land Documents” (LearnNigerianLaws.com, 30 November 2020)
<https://learnnigerianlaws.com/estate-surveyors-and-valuers-cannot-prepare-tenancy-land-documents/[1]> accessed 17 March
2021
4. Onyekachi Umah, “It Is An Offence For Non-Lawyer To Prepare Any
Document/Agreement Relating To Rent, Buildings, Land Or Mineral
Resources” (LearnNigerianLaws.com, 12 September 2019 <https://learnnigerianlaws.com/it-is-an-offence-for-none-lawyer-to-prepare-any-document-agreement-relating-to-rent-buildings-land-or-mineral-resources-daily-law-tips-tip-413-by-onyekachi-umah-esq-llm-aciarb-uk/[2]> accessed 17 March
2021
5. Onyekachi Umah, “It Is An Offence For Non-Lawyer To Prepare Any
Document/Agreement Relating To Rent, Buildings, Land Or Mineral
Resources” (LearnNigerianLaws.com, 12 September 2019 <https://learnnigerianlaws.com/it-is-an-offence-for-none-lawyer-to-prepare-any-document-agreement-relating-to-rent-buildings-land-or-mineral-resources/[3]> accessed 17 March
2021
6. Onyekachi Umah, “List Of Agreements And Transactions That Are
Invalid If Handled By A None Lawyer In Nigeria”
(LearnNigerianLaws.com, 3 October 2019) <https://learnnigerianlaws.com/list-of-agreements-and-transactions-that-are-invalid-if-handled-by-a-non-lawyer-in-nigeria/[4]> accessed 17 March
2021
7. Onyekachi Umah, “Legal Practitioners Cannot Sell Land In
Nigeria.” (LearnNigerianLaws.com, 31 August 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-174-legal-practitioners-cannot-sell-land-in-nigeria/[5]
> accessed 17 March 2021.
Sabi Law Projects:
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp).
To receive free Daily Law Tips, join our free WhatsApp group via
https://chat.whatsapp.com/DgFYxiYw6Mm8MdvOl3N1yn or Telegram group,
via the below link: https://t.me/LearnNigerianLaws
To keep up to date on all our free legal awareness projects of Sabi
Law Foundation, follow us via
Facebook Page:@LearnNigerianLaws,
Instagram: @LearnNigerianLaws, Twitter: @LearnNigeriaLaw and
YouTube: Learn Nigerian Laws
Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.
This publication is powered by www.LearnNigerianLaws.com {A Free
Law Awareness Program of Sabi Law Foundation, supported by the law
firm of Bezaleel Chambers International (BCI).} Sabi Law Foundation
is a Not-For-Profit and Non-Governmental Legal Awareness
Organization based in Nigeria.