Al-Faozahny LEGAL Consult

21/08/2026

12/07/2026

RIGHTS OF THE PEOPLE ON POLITICAL PROMISES, MONETIZATION OF ELECTIONS, AND KEEPING PROMISES AFTER ELECTIONS IN NIGERIA
By
Barr. Sulaymon A. Tadese, Esq.
LL.M, LL.B, B.L., DIP (AIIS)
Director-General, (THURIST-Nigeria)

Democracy is founded on the principle that sovereignty belongs to the people. Under Section 14(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), sovereignty belongs to the people from whom government derives all its powers and authority. Elections therefore constitute a social contract between the electorate and those seeking political office.
Political promises are representations made by candidates and political parties to persuade citizens to vote for them. While many of these promises may not be legally enforceable as contractual obligations, they create political, moral, constitutional, and democratic obligations. Citizens consequently possess several rights before, during, and after elections to ensure accountability and good governance.

1. Right to Participate in Government
Every Nigerian citizen has the constitutional right to participate in governance.

Constitutional Basis
1. Section 14(2)(a), Constitution of Nigeria.
2. Section 40 (Freedom of Association).
3. Section 39 (Freedom of Expression).

Citizens have the right to:
1. Register as voters.
2. Vote freely.
3. Join political parties.
4. Contest elections if qualified.
5. Campaign peacefully.
6. Criticize government policies.

2. Right to Receive Truthful Political Promises
Political candidates owe voters a duty of honesty.
Citizens have the democratic right to expect that:
1. Manifestos are realistic.
2. Campaign promises are not fraudulent.
3. Government programmes reflect campaign commitments.
False promises deliberately intended to deceive voters weaken democratic governance.

3. Right Against Monetization of Elections
Election monetization includes:
1. Vote buying.
2. Vote selling.
3. Distribution of money during campaigns.
4. Distribution of food solely to induce voting.
5. Gifts intended to influence voters.
6. Financial inducement of electoral officers.
These practices violate democratic principles.

Relevant Laws
The Electoral Act 2022 criminalizes vote buying and undue influence during elections. Both the giver and receiver may be liable for electoral offences.

4. Right to Free and Fair Elections
Every voter has the constitutional right to elections that are:
1. Free.
2. Fair.
3. Transparent.
4. Credible.
5. Peaceful.
Electoral manipulation deprives citizens of their constitutional choice.

5. Right to Hold Leaders Accountable
After elections, citizens retain the right to demand implementation of campaign promises.
Methods include:
1. Peaceful protests.
2. Public advocacy.
3. Town hall meetings.
4. Freedom of Information requests.
5. Media engagement.
6. Civil society campaigns.
7. Legislative oversight.
8. Public interest litigation where applicable.

6. Political Promises as Democratic Obligations
Although campaign promises are generally not enforceable as private contracts, they establish:
1. Political responsibility.
2. Ethical obligation.
3. Public accountability.
4. Electoral expectations.
Failure to fulfill promises may result in:
1. Loss of public confidence.
2. Electoral defeat.
3. Political sanctions.
4. Party disciplinary measures.

7. The Role of Political Parties
Political parties should:
1. Develop realistic manifestos.
2. Educate voters.
3. Monitor elected officials.
4. Promote internal democracy.
5. Discipline members who undermine party commitments.

8. Role of Civil Society
Civil society organizations help to:
1. Monitor elections.
2. Educate voters.
3. Report electoral malpractice.
4. Track campaign promises.
5. Publish scorecards.
6. Promote transparency.
Organizations such as election observers and human rights groups contribute significantly to democratic accountability.

9. Legal Consequences of Election Monetization
Election monetization may result in:
1. Criminal prosecution.
2. Fines.
3. Imprisonment where prescribed by law.
4. Disqualification where applicable under electoral laws.
5. Election petitions where the conduct substantially affects election outcomes.

10. Rights of Citizens After Elections
Citizens remain entitled to:
1. Demand good governance.
2. Petition government agencies.
3. Access public information.
4. Criticize public policies.
5. Participate in budget discussions.
6. Monitor public projects.
7. Vote out non-performing leaders during subsequent elections.
Democracy does not end after voting.

Nigerian Judicial Authorities
Several Nigerian courts have emphasized the importance of free elections, democratic participation, and electoral integrity.
Amaechi v. INEC
The Supreme Court held that elections belong to political parties and ultimately to the electorate, underscoring the constitutional importance of electoral integrity.
Buhari v. Obasanjo
The Supreme Court reiterated that elections must substantially comply with electoral laws to reflect the genuine will of the people.
Atiku Abubakar v. INEC
The Supreme Court reaffirmed that electoral disputes must be determined in accordance with the Constitution and the Electoral Act, emphasizing lawful conduct throughout the electoral process.

Relevant Statutes
1. Constitution of the Federal Republic of Nigeria 1999 (as amended).
2. Electoral Act 2022.
3. Independent National Electoral Commission (INEC) Regulations and Guidelines.
4. Freedom of Information Act 2011.
5. Nigerian Criminal Code and Penal Code (where applicable to bribery and corruption).

Recommendations
1. Political parties should publish measurable manifestos.
2. Candidates should avoid unrealistic promises.
3. Vote buying should be vigorously prosecuted.
4. Civic education should be intensified.
5. Citizens should reject inducements during elections.
6. Governments should publish periodic reports on campaign promise implementation.
7. Civil society should maintain public scorecards of elected officials.
8. Legislative oversight should be strengthened.
9. Anti-corruption agencies should investigate election-related financial crimes.
10. Citizens should actively participate in governance beyond election day.

Conclusion
Political promises are the foundation upon which democratic trust is built. Although many campaign promises are not enforceable as contractual obligations, elected officials owe constitutional, political, and moral duties to govern in accordance with the expectations they created during campaigns. Election monetization undermines democracy, distorts the will of the electorate, and violates the principles of free and fair elections.
Every Nigerian citizen has the right to participate in governance, reject vote buying, demand accountability, monitor government performance, and insist on transparency in public administration. A healthy democracy depends not only on credible elections but also on responsible leadership and vigilant citizens committed to the rule of law and constitutional governance.

28/06/2026

WHAT MAKES LAND OWNERSHIP VALID UNDER NIGERIAN LAW?
A Legal Perspective with Statutory and Judicial Authorities

Land ownership is one of the most litigated subjects in Nigeria. Many people wrongly assume that once money is paid for land, ownership automatically passes to the purchaser. However, under Nigerian law, payment alone is insufficient. A valid title to land must be established through recognized legal means.

1. PROOF OF TITLE TO LAND
The Supreme Court of Nigeria in Idundun v. Okumagba (1976) 9–10 SC 227 laid down five recognized methods of proving title to land:
1.By traditional evidence;
2.By production of valid documents of title;
3.By acts of ownership extending over a sufficient period;
4.By acts of long possession and enjoyment; and
5.By proof of possession of connected or adjacent land in circumstances rendering it probable that the owner of such adjacent land is also the owner of the land in dispute.
These principles remain the foundation of land ownership claims in Nigeria.

2. PAYMENT OF PURCHASE PRICE ALONE IS NOT ENOUGH
Although payment is an essential element of a land transaction, it does not by itself transfer legal ownership.
The purchaser must show:
1. Payment of the purchase price;
2. Intention of the vendor to transfer title; and
3. Proper ex*****on and delivery of relevant title documents.

Documents commonly used include:
1. Receipt of purchase;
2. Contract of Sale;
3. Deed of Assignment;
4. Conveyance;
5. Deed of Gift.
A person who merely pays money without obtaining a valid transfer may face difficulties establishing ownership.

3. VALID DOCUMENTS OF TITLE
Ownership is strengthened where the purchaser possesses authentic land documents, including:
1. Survey Plan;
2. Deed of Assignment;
3.Registered Conveyance;
4. Certificate of Occupancy (C of O);
5. Governor's Consent;
6. Registered Deed of Transfer.
In Romaine v. Romaine (1992) 4 NWLR (Pt. 238) 650, the Supreme Court emphasized that title documents must be genuine, valid, and traceable to a lawful owner.

4. POSSESSION AS EVIDENCE OF OWNERSHIP
Possession of land is an important factor recognized by law.
Acts showing ownership include:
1. Fencing the land;
2.Building on the land;
3..Farming or cultivation;
4.Leasing the property;
5.Exercising control over the land.

Statutory Authority
Section 143 of the Evidence Act, 2011 provides that when the question is whether a person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.

Judicial Authority
In Da Costa v. Ikomi (1968) 1 All NLR 394, the Supreme Court held that possession raises a rebuttable presumption of ownership.

5. THE SELLER MUST HAVE THE RIGHT TO SELL
A fundamental principle of law is that:
"Nemo dat quod non habet" — No one can give what he does not have.
Therefore, a purchaser can only acquire the title possessed by the vendor.
In Awojugbagbe Light Industries Ltd. v. Chinukwe (1995) 4 NWLR (Pt. 390) 379, the Supreme Court stressed that a purchaser must investigate the vendor's title before buying land.

6. FAMILY LAND MUST BE SOLD WITH PROPER CONSENT
Under Nigerian customary law, family land cannot validly be sold by one family member acting alone.

The consent of:
1. The Head of the Family; and
2. Principal Members of the Family
is generally required.
Authorities include:
1. Ekpendu v. Erika (1959) SCNLR 186
2. Mogaji v. Nuga (1960) 5 FSC 107
A purported sale without the necessary consent may be declared void or voidable.

7. GOVERNOR'S CONSENT UNDER THE LAND USE ACT
The Land Use Act, Cap. L5, Laws of the Federation of Nigeria 2004 regulates land ownership in Nigeria.

Relevant Provisions
Section 1
Vests all land in each State in the Governor to hold in trust for the people.
Section 22
Requires Governor's Consent before the holder of a Statutory Right of Occupancy can alienate or transfer his interest.
Section 26
Provides that any transaction carried out contrary to the provisions of the Act may be null and void.

8. DUE DILIGENCE BEFORE PURCHASING LAND
A prudent purchaser should:
1. Verify the seller's identity;
2. Conduct a land registry search;
3. Inspect the survey plan;
4. Confirm there is no litigation over the land;
5. Verify family or community consent where necessary;
6. Obtain professional legal advice before payment.

CONCLUSION
Under Nigerian law, valid land ownership is not determined merely by payment of money. Ownership is established through lawful acquisition, valid title documents, possession, acts of ownership, and compliance with statutory requirements, particularly the Land Use Act.

Any person intending to acquire land should ensure that all legal requirements are satisfied in order to avoid future disputes and litigation.

S. A. TADESE ESQ.
Legal Practitioner
Iwo, Osun State, Nigeria.

18/05/2026

SHOULD YOU RENOVATE A RENTED PROPERTY WITHOUT A WRITTEN AGREEMENT?

A tenant once said:
“Barrister, the house I rented was in bad shape. I spent my money fixing the roof, repainting the rooms, changing the wiring, and even tiled the compound. Now the landlord wants me out… and refuses to refund a kobo. Is that lawful?”

My answer?
The law may not automatically protect a tenant who renovates another person’s property without a clear agreement.
In tenancy law, a tenant is generally only entitled to possession and use of the premises—not ownership because he carried out improvements.

Unless there is a written agreement, written consent, or other clear evidence showing:
1. The landlord approved the renovation
2. The cost would be refunded or deducted from rent
3.The tenant would enjoy compensation or tenancy extension

…proving such rights later may be difficult.

Many tenants spend huge sums renovating rented apartments based on verbal promises like:
“Go ahead, we’ll settle it later.”

When disputes arise, “later” often becomes never.

What does wisdom demand?
Before renovating a rented property:
1. Get the landlord’s consent in writing
2. State who will bear the cost
3. State whether it will be refunded, offset against rent, or compensated
4. Keep receipts, pictures, and all communication

Legal Lesson:
Never build your financial expectations on verbal promises in tenancy matters. Put it in writing.

S. A TADESE, ESQ.
Director General Thurist Human Right

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10/05/2026

“BAIL IS FREE” IS NOT A SLOGAN. IT IS THE LAW.

Why do some police officers collect money for bail, and
Why have the government and the public failed to strongly oppose it?

Police collect bail money in Nigeria mainly because of corruption, weak supervision, poor welfare, and because many citizens do not know their rights or are afraid to challenge the system.
But legally, police bail is supposed to be FREE in most ordinary cases.

Under the Nigerian Constitution and the Police Act, once an offence is bailable, the police are not expected to turn bail into business. Yet in many stations, officers demand “mobilisation,” “file money,” “fuel,” “bail form,” or “oga settlement.” Most of these payments are illegal.

Why does it continue?
1. Many victims are afraid
People fear prolonged detention, harassment, or being falsely charged to court, so they pay quickly just to regain freedom.
2. Ignorance of the law
A lot of Nigerians do not know that “Bail is Free” is not just a slogan. Officers take advantage of this ignorance.
3. Weak enforcement against offending officers
Even when complaints are made, disciplinary actions are often slow or hidden from the public.
4. Poor police welfare and corruption culture
Some officers justify illegal bail collection because of poor salaries, bad working conditions, and a long-standing corruption culture in the system. That does not make it lawful.
5. Society has normalized it
Many people now see paying for bail as “normal police procedure,” even though the law says otherwise.

Why don’t government and people strongly kick against it?
i. Government agencies have spoken against it many times, but enforcement remains inconsistent.
ii. Some victims prefer silence because they do not want more trouble.
iii. Witnesses rarely come forward.
iv. Some influential people also use police power for private disputes, which encourages abuse.
v. Corruption complaints in Nigeria often fade without sustained public pressure.

What the Law Says About Police Bail in Nigeria
Under Section 35 of the Constitution of the Federal Republic of Nigeria, every citizen has a right to personal liberty, and any person arrested must be brought before a court within a reasonable time or released on bail where appropriate. Section 35(4) defines “reasonable time” as 24 hours where a court is within 40km, otherwise 48 hours.

The Nigeria Police are empowered to grant administrative bail where investigation cannot be concluded promptly, especially in non-capital offences. The Nigeria Police Force is also expressly prohibited from charging money for such bail.

Section 64(1) of the Police Act 2020 is clear: “Bail granted by the police to a suspect shall be free of charge.”
So when an officer demands money for “bail form,” “mobilization,” “file opening,” “fuel,” “weekend settlement,” or “appreciation,” that is not bail. That is unlawful extortion.
The law permits conditions like sureties, identification, or an undertaking to return—but not payment to police officers.

So the next time you hear “bring something for bail,” remember:
The law did not say bail is negotiable.
The law says bail is free.

If an officer demands illegal bail money, a person can:
a. Request the officer’s name and rank.
b. Ask for the reason for detention.
c. Report to the Divisional Police Officer (DPO).
d. Petition the Complaint Response Unit (CRU) of the Nigeria Police.
e. Report to the Police Service Commission or human rights organizations.
f. Sue for unlawful detention or extortion where appropriate.

The major problem is not that the law permits selling bail.
The problem is that many officers violate the law, while citizens often lack the confidence, support, or resources to resist it.

Know your rights. Demand accountability.

By: S. A. TADESE
Director general
Ta’awunu Human Rights Initiative

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03/05/2026

POLICE BRUTALITY IN NIGERIA
POLICE ARE EMPOWERED TO ENFORCE THE LAW… NOT TO BECOME THE LAW.

Being arrested does not mean you have lost your humanity or your constitutional rights.

No police officer in Nigeria has the legal right to:
1. Beat you
2. Torture you
3. Extort you
4. Detain you endlessly
5. Force you to confess
6. Humiliate or degrade you

THE LAW IS CLEAR
Under the Constitution of the Federal Republic of Nigeria, 1999 (as amended):
Section 34 guarantees your right to dignity and prohibits torture, inhuman, and degrading treatment.
Section 35 protects your personal liberty and forbids unlawful detention.

Under the Anti-Torture Act, 2017, torture by police or any security agent is a criminal offence.

Under the Administration of Criminal Justice Act, 2015, suspects must be treated humanely.

Under the Evidence Act, 2011, any confession obtained through torture, threats, violence, or oppression may be rejected by the court.

VERY IMPORTANT
A police officer saying “I was acting on orders” is not a legal defence to torture.

IF YOU ARE ARRESTED, YOU HAVE THE RIGHT TO:
1. Ask why you are being arrested
2. Ask for the officer’s name, rank, and station
3. Remain silent until your lawyer is present
4. Inform your family or lawyer
5. Refuse to sign any statement obtained by force
6. Seek medical documentation if assaulted
7. Sue for enforcement of your fundamental Human Rights

Police are empowered to enforce the law… not to become the law.

Know your rights. Use your rights. Defend your rights.

— Thurist Legal Awareness Series

S. A. Tadese Esq.

02/05/2026

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18/04/2026

THE KEY RIGHTS OF A CUSTOMARY TENANT AND GROUNDS FOR FORFEITURE