SeunPhillips Rights Empowerment Foundation

15 ACTIONS THAT ARE NOT CRIMËS YOU SHOULD KNOW. 👇

1. Owing someone money.

2. Refusing to sign an agreement.

3. Breach of contract.

4. Impregnating a lady provided the lady is an adult.

5. Breach of promise to marry.

6. Refusing to sign as a guarantor.

7. Landlord and tenant dispute.

8. Adultery (It is a crimë in the northern parts of Nigeria. It is not a crime in the southern parts of Nigeria).

9. Peaceful protest.

10. Refusing to join an association.

11. Refusing to sign as a surety..

12. Refusing to lend money to someone.

13. Judicial separation.

14. Inheritance dispūte.

15. Divorce.

The list goes on.

Always remember, every crimë is illêgal but not every illēgal action is a crîme.

Emmanuella Ojialor

CAN THE POLICE ÀRRÈST YOU BECAUSE YOUR FRIEND, COLLEAGUE, OR RELATIVE COMMITTED A ÇRÌMÈ?
The answer is NO in capital letters.
This is called àrrèst in lieu, and it is illègàl.
Àrrèst in lieu happens when the police àrrèst an innocent person simply because the real suspect cannot be found. The law does not allow this.
Under Section 7 of the Administration of Criminal Justice Act (ACJA) 2015, no one should be àrrèsted in place of another person. The police must àrrèst only the person reasonably suspected of committing the óffeñce.
Unless you took part in the çrimè, helped to commit it, or planned it with the suspect, you cannot be lawfully àrrèsted just because you are their friend, colleague, or relative.
Let's say John stèàls a phone and runs away, the police cannot àrrèst his brother Peter just because they cannot find John.
çrimè is personal. Every person is responsible for their own actions.
Stay legal and stay Enlightened.

Just a Facebook Post! Can You Actually Be Sued for Online Defamation?
Many Nigerians believe social media is a lawless zone where they can post anything, drop "vawulence" in comment sections, or drag a business out of anger.
But here is the legal truth: The law sees your Facebook timeline the same way it sees a national newspaper. If you write it online, you can be sued for it.
What is Defamation Online (Cyber-Libel)?
Defamation occurs when you publish an untrue statement about someone that lowers their reputation in the eyes of right-thinking members of society.
When it is written down like a Facebook post, a comment, a tweet, or a WhatsApp broadcast it is called Libel. In Nigeria, this is also handled as a cybercrime under the Cybercrimes (Prohibition, Prevention, etc.) Act, which criminalizes sending defamatory messages online to cause annoyance or insult.

The 3 Things They Must Prove to Win the Case Against You
If someone takes you to court over a Facebook post, they must prove these three elements to win:

1. The Statement was Defamatory: It must genuinely damage their character, make people avoid them, or hurt their business/profession.
2. It Referred to Them: Even if you don't mention their full name, if your description makes it obvious to everyone who you are talking about, it counts.
3. It was Published to a Third Party: On Facebook, the moment one other person reads your post or comment, it has been legally "published".

"But I Deleted the Post!" Does That Save You?
No. Deleting the post does not erase the legal injury. In Nigerian courts, electronic evidence is fully admissible. The moment someone takes a screenshot of your post, they have all the evidence they need to file a lawsuit against you.

Your Only Valid Legal Defences
If you get sued, you cannot simply argue "I was just joking" or "It's my freedom of speech." You must prove one of these legal defences:
🔸The Absolute Truth (Justification): If what you posted is 100% factual and you can prove it with evidence in court, you cannot be held liable for defamation.
🔸 Fair Comment: You were expressing an honest opinion (not a fabricated fact) on a matter of public interest based on true facts.
🔸 Unintentional Defamation / Apology: You didn't mean to defame them, and you quickly pulled the post down and published a massive, sincere public apology. (This doesn't automatically stop the lawsuit, but it heavily reduces the money damages you might have to pay).

Before you click "Post" to expose a vendor, drag an ex-friend, or share unverified gossip about a public figure, ask yourself: "Can I prove this in a court of law?" If the answer is no, keep it in your drafts. Cyber-libel lawsuits can cost millions of Naira in damages!

Do you think people are becoming too reckless with what they post online?
Share your thoughts in the comments below, and share this post to save a friend from a multi-million Naira lawsuit!

©️ Pekky Legal ⚖️
Educating. Enlightening. Empowering

SEPARATION IS NOT DIVORCE; COHABITATION IS NOT MARRIAGE

On April 26, 2020, Nigeria lost Dr. Tosin Ajayi, founder and Chief Executive Officer of First Foundation Hospital, one of the country’s most respected private healthcare institutions. His passing was mourned nationally. But within weeks, mourning gave way to litigation.

What followed was not a dispute over medical legacy, but over a much older, unresolved matter: marriage. For the next five years, two women, their children, and the entire Ajayi estate were locked in court. The core question was deceptively simple: Who, under Nigerian law, was the legal wife?

The answer, delivered on March 13, 2026 by Justice Oluwayoyin Odusanya of the Lagos High Court, has now become a national case study. It is a verdict that restates, with painful clarity, a principle many Nigerians misunderstand: Separation is not divorce. Cohabitation is not marriage. And sentiment has no weight in probate court.

The Facts: A Marriage Never Legally Ended

Dr. Ajayi had separated from his first wife many years before his death. They lived apart. They built separate lives. To neighbors, friends, and even to Dr. Ajayi himself, the marriage was “over.” But no petition for dissolution was ever filed. No decree nisi was granted. No decree absolute was issued under the Matrimonial Causes Act, Cap M7, Laws of the Federation of Nigeria 2004.

Believing the union was effectively dead, Dr. Ajayi entered into another relationship and later married a second woman. He had children with her. She managed his home. She was presented socially as “Mrs. Ajayi.” For all practical purposes, she was the wife.

When Dr. Ajayi died intestate — without a will — both women came forward. The first wife returned to claim her position as legal spouse and administrator of the estate. The second woman countered, “Over my dead body. You abandoned him for years and only reappeared after his death to claim what you left behind.”

The Judgment: What the Court Actually Decided

After five years of evidence, arguments, and legal submissions, Justice Odusanya delivered a judgment that dismantled three common myths:

Myth 1: “Long separation ends marriage.”

The court held: _“Separation, regardless of how long it lasts, does not automatically dissolve a legally valid marriage under the Act.”_ Under Section 15 of the Matrimonial Causes Act, only a court can dissolve a statutory marriage. Separation may prove “irretrievable breakdown,” but it is the judge’s decree, not the passage of time, that terminates the marriage.

Myth 2: “A registry wedding cures everything.”

Evidence showed the second woman was herself legally married to Mr. Davies at the time she allegedly married Dr. Ajayi. The court ruled that her purported marriage to Dr. Ajayi was void ab initio — void from the beginning. Section 47 of the Matrimonial Causes Act states that a marriage is void if either party is already lawfully married. Nigerian statutory marriage is strictly monogamous: one man, one woman. No exceptions.

Myth 3: “Children from the second union will protect her rights.”

The court affirmed that while all children of Dr. Ajayi, whether born within or outside the statutory marriage, are entitled to share in the remaining two-thirds of the estate under the Administration of Estates Law, the second woman herself had no spousal rights. She could not apply for Letters of Administration. She was not entitled to the statutory one-third share reserved for a legal spouse.

Final Orders: The first wife was declared the only legally recognized spouse. She is entitled to one-third of Dr. Ajayi’s personal estate and is the sole person entitled to apply for Letters of Administration. The rest of the estate will be divided among all of Dr. Ajayi’s children.

Why This Matters Beyond One Family:

This judgment is not about Dr. Ajayi alone. It exposes a systemic legal blind spot in Nigerian society:

A. The Monogamy Rule is Absolute

Unlike customary law, which permits polygamy, statutory marriage under the Act is monogamous. A man cannot be “traditionally married” and then “add” a statutory wife. A woman cannot be “customarily married” and then “upgrade” to a registry wedding while the first marriage subsists. The second ceremony is legally meaningless.

B. Customary Divorce ≠ Statutory Divorce

Many Nigerians believe that “returning the bride price” or “family settlement” ends a marriage. For customary marriages, that is correct. But if you later contract a statutory marriage, you must also obtain a statutory divorce. The two systems do not automatically talk to each other. Failing to divorce under the Act means you remain married in the eyes of every bank, court, and probate registry in Nigeria.

C. Intestacy Punishes Poor Planning.

Dr. Ajayi died without a will. Under Lagos State’s Administration of Estates Law, an intestate estate is distributed by formula: 1/3 to the legal spouse, 2/3 to the children. A well-drafted will could have made specific provisions for the second woman and her children, reducing litigation. Without a will, the law, not the deceased’s intentions, decides.

The Hard Lesson for Women — and for Men

To women: This case vindicates every warning about “marrying a married man under the Act.” No matter how long you cohabit, no matter how many children you bear, no matter how “official” your wedding photos look, if his first marriage was never dissolved by a court, you are not a wife in law. You are a partner. A companion. A mother of his children. But not a spouse with inheritance rights. When death comes, the court will be clinical. “Ignorance of the law is no excuse” will sound less like a maxim and more like a sentence.

To men: You cannot “move on” emotionally and legally at different speeds. If your marriage has broken down, do the hard work of obtaining a decree absolute. Until then, every new relationship you formalize is built on legal quicksand. You risk leaving your children and your partner with nothing but litigation.

Three Protective Steps Everyone Must Take Today:

A. Verify Before You Marry: If a suitor says “I am divorced,” do not accept separation agreements or affidavits. Insist on seeing a certified true copy of the Decree Absolute. It is the only document that proves the first marriage is dead in law.

B. Dissolve Properly Before You Remarry: If you are customarily married and want a registry wedding, first dissolve the customary marriage under native law and custom, obtain evidence of that dissolution, then proceed. If you are statutorily married and want out, file a petition. Separation for 20 years still requires a court order.

C. Write a Will, No Matter Your Age or Status: A will is not for “old people.” It is for anyone with assets and dependents. A will allows you to make specific provisions for all your children and even for long-term partners, within the limits of the law. Without it, the state’s formula overrides your wishes.

Let the Courtroom Be Your Teacher, Not Your Destination

Dr. Tosin Ajayi’s children will inherit. His hospital legacy continues. But the woman he lived with for years will not inherit as a spouse. That is not cruelty. That is the law.

Let this editorial serve as the warning that casual advice could not deliver. Before you say “I do,” ensure his “I do” from the past has been legally converted to “I don’t” by a court of competent jurisdiction.

In estate matters, the courtroom does not interpret intentions. It interprets documents. And the only document that ends a marriage is a Decree Absolute. Everything else is just separation.

I hope people can really read between the lines to get a clear picture of how those in position of authority should act better.

How do we explain that it took the intervention of Igboho who invited the fulani community to thr palace of Alapete of Igboho where he gave a two hour ultimatum for those kidnapped to be released.
The pregnant woman, he child got released.

This is a pointer to the suspicion of playing games with lives in certain quarters.

Also, such action points to how and where confidence gravitates to.