Frequently Asked Questions
Find Expert Answers To Common Legal Concerns In Nigeria.
Practice Areas & Topics:
Corporate & Commercial Law
Q. I want to start a company in Nigeria but don’t know the process. Do I need a lawyer to register with the Corporate Affairs Commission (CAC)
Yes, while you can attempt registration yourself, a lawyer ensures your company’s structure (Ltd, PLC, NGO, etc.) fits your goals, prepares compliant documents, and avoids costly mistakes. For instance, choosing the wrong structure can affect your tax obligations, ability to raise capital, or liability exposure. We guide you through incorporation, drafting shareholder agreements, and compliance filings.
Q. How can I make sure my business contracts in Nigeria are legally binding and protect me if a dispute arises?
A contract must meet legal requirements (offer, acceptance, consideration, and intention to create legal relations). But beyond the basics, enforceability depends on clarity, compliance with Nigerian law, and specific clauses (dispute resolution, jurisdiction, termination, penalties). We draft and review contracts to close loopholes and prevent disputes before they happen.
Q. What should foreign investors know before setting up a business in Abuja?
Foreigners can own businesses in Nigeria, but they must register with the Nigerian Investment Promotion Commission (NIPC), open a capital importation account, and comply with immigration and tax rules. We help investors structure ownership, secure permits, and plan for repatriation of profits legally.
Dispute Resolution & Litigation
Q. My business partner and I have fallen out. Should I go to court immediately or try mediation?
Courts in Nigeria can take years to resolve disputes. Mediation and arbitration are faster and private, but they require mutual consent. If there’s an arbitration clause in your partnership agreement, that’s your first route. We assess each case to determine the best path to resolution.
Q. Can I enforce a judgment I won in another country here in Nigeria?
Yes, but foreign judgments aren’t automatically valid. Under Nigerian law, they must be registered in a Nigerian High Court within a set time (usually 12 months, extendable at the court’s discretion). Once registered, they have the same force as local judgments. We guide clients through this process to ensure recognition and enforcement.
Q. How long does a typical lawsuit take in Nigeria, and is there any way to speed it up?
Cases can take years due to court backlogs. However, you can shorten timelines by filing at the appropriate court, using interlocutory applications carefully, and exploring ADR. We also leverage case management strategies and push for expedited hearings where possible.
Intellectual & Industrial Property Law
Q. I have a business logo and name. How do I protect them so nobody else uses them in Nigeria?
You need to register them as trademarks with the Trademarks Registry. Without registration, you can only rely on “passing off” claims, which are harder to prove. Trademark registration gives you exclusive rights and legal protection against infringers. We manage the filing, opposition handling, and renewals for you.
Q. Can I copyright my software or digital product in Nigeria?
Yes. Software is protected as a literary work under Nigerian copyright law. Registration strengthens your rights by providing evidence of ownership in disputes. We also draft licensing agreements to help you monetize your software while preventing unauthorized use.
Q. If someone is already using my brand name, can I stop them?
If you have registered the name first, yes, you can send a cease-and-desist, sue for infringement, and claim damages. If you haven’t registered but have been using it commercially, we may still pursue passing off claims depending on your evidence.
Government Relations & Regulatory Compliance
Q. My business needs multiple government licenses. How can I avoid delays and bribery demands?
Working through a law firm is safer than dealing directly. We know the right agencies, procedures, and timelines. We handle applications professionally to avoid illegal shortcuts.
Q. How do I stay compliant with constantly changing Nigerian regulations?
Regulations change often, especially in finance, telecoms, and energy. We provide ongoing compliance monitoring, policy updates, and advisory services.
Q. Can a government agency shut down my business without a court order?
Some agencies (like NAFDAC, SON, FIRS) can seal premises for violations, but you always have a right to fair hearing. We intervene to challenge unlawful shutdowns and negotiate compliance.
Banking & Finance Law
Q. I borrowed money from a Nigerian bank but can’t repay. Can they take my property immediately?
No. Banks must follow due process, they can only take collateral if the loan agreement and law permit it. Even then, they must follow foreclosure procedures. We defend borrowers’ rights and advise on restructuring options.
Q. As a lender, how do I make sure I can recover my money if a borrower defaults?
Always secure your loan with proper collateral documentation (mortgage, debenture, personal guarantees). We structure loan agreements that maximize recovery chances in court or out-of-court enforcement.
Q. Can foreign companies raise loans in Nigeria?
Yes, but they must comply with Central Bank of Nigeria (CBN) rules, including registering the loan with the CBN. We advise international lenders and borrowers on structuring cross-border finance legally.
Capital Markets Law
Q. I want to list my company on the Nigerian Stock Exchange. What’s the process?
You must meet financial, corporate governance, and reporting standards. This involves SEC approval, audited accounts, and restructuring if necessary. We help prepare compliance documents and guide companies through IPOs.
Q. Can foreigners invest directly in Nigerian securities?
Yes, foreign investors can participate, but they must use approved channels and obtain Certificates of Capital Importation (CCI). We ensure compliance so investments can be legally repatriated later.
Q. What are the common risks in investing in Nigerian stocks and bonds?
Risks include market volatility, regulatory changes, and corporate governance issues. We provide due diligence and advisory services to minimize risks before clients commit funds.
International Trade & Investment
Q. I want to import goods into Nigeria. What legal steps must I follow?
You need to register with the Nigerian Export Promotion Council (NEPC) or Corporate Affairs Commission (CAC), obtain permits, and comply with customs regulations. We help businesses navigate permits and avoid penalties.
Q. Can I legally repatriate profits from my Nigerian investment back to my home country?
Yes, but only if you obtained a Certificate of Capital Importation (CCI) when bringing in the investment. Without it, repatriation may be restricted. We assist in securing CCIs and compliance.
Q. How can foreign investors avoid fraud when entering joint ventures in Nigeria?
Due diligence is crucial. We verify partners, draft airtight agreements, and structure investments to minimize risk.
Labour Law & Industrial Relations
Q. My employer terminated me without notice. Is this legal in Nigeria?
It depends on your contract. Nigerian law allows termination with notice or payment in lieu, unless the termination was discriminatory or against labour law protections (e.g., pregnancy, union activities). We review contracts to determine if the termination was wrongful and represent employees in tribunals or negotiations.
Q. As an employer, how can I avoid disputes when drafting employment contracts?
Clarity is key. Contracts must define roles, salary, benefits, leave, termination procedures, and dispute resolution. Many disputes arise from vague terms or missing clauses. We draft contracts that balance compliance with Nigerian Labour Act while protecting your business interests.
Q. Do Nigerian employees have the right to join unions, and how should employers handle it?
Yes, employees have the right to join unions. Employers must respect this, but also have rights to ensure industrial harmony. We advise on collective bargaining, disciplinary measures, and compliance with Trade Union laws.
Property Law & Real Estate
Q. I’m buying land in Abuja. How do I confirm it’s not fake or already sold to someone else?
Land fraud is common. The safest way is to conduct a search at the land registry to verify ownership and check if the title is genuine and free from encumbrances. We handle due diligence, title verification, and ensure that sellers have the legal authority to transfer property.
Q. What is a Certificate of Occupancy (C of O), and why do I need it?
A C of O is the official document proving you own land from the government. Without it, ownership can be challenged, and banks may not accept the property as collateral. We assist with obtaining and verifying C of Os.
Q. What should I do if a tenant refuses to vacate after the lease expires?
You must follow legal eviction procedures. Self-help evictions are unlawful. We issue quit notices, file tenancy proceedings, and ensure eviction is done legally to protect landlords from liability.
Pro Bono Services
Q. Do you offer free legal help for people who can’t afford a lawyer?
Yes, we provide pro bono services in specific cases, especially human rights, gender-based violence, and access to justice. Applicants are assessed individually.
Q. How can I apply for pro bono legal support?
You can contact us directly through our website or office. Provide details of your case, and if it qualifies, we’ll assign a lawyer to represent you.
Q. Why do you offer pro bono services?
We believe the law should serve everyone, not just those who can pay. Pro bono is part of our commitment to justice and social responsibility.
Still Have Questions? We’re Here to Help
Legal issues can be complex, and every situation is unique. If you didn’t find the exact answer you were looking for, our team at Polaris Solicitors is ready to give you tailored guidance.