How To Create New Local And State Governments In Nigeria

Nigeria is presently made up of 36 states, 774 local government areas and Abuja as the federal capital territory. Yet, agitations for the creation of more local and state governments remain vociferous. All the local and state governments as they are today were created by the past military regimes. No civilian administration has ever created one in the Nigerian history.

The creation of either local or state government in Nigeria under the present dispensation is entirely constitutional. So the question is how can new local and state governments be created under the Nigerian constitution? What I have decided to do in this article is to simplify the laid down processes as contained in section 8 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) for the creation of local and state governments in Nigeria so that you as a Nigerian or a lover of the country can be better informed.

The Procedure for the Creation of Local Government

To create a local government in Nigeria, the job starts with a House of Assembly of a state and takes the following forms:

1. a bill calling for the creation of a new local government will be proposed

2. the bill must be passed into law but it can only be passed if:

i. the House of Assembly receives a request for the creation of a new local government supported by a minimum of 2/3 of the members of the House of Assembly who are representatives of the area demanding for a new local government, and

ii. the 2/3 of the local government councils in the area demanding for a new local government

iii. then 2/3 of the people in the area calling for the creation of a new local government have to approve the proposal for the creation of a local government in a referendum

iv. thereafter the result of the referendum is to be approved by a simple majority of the members of each local government council in a majority of all the local government councils in the state where a local government is to be created

v. the result of the referendum also has to be approved by a resolution passed by 2/3 majority of members of the House of Assembly.

Once the conditions listed above are fulfilled, the House of Assembly will pass the bill into law. But there are two more hurdles for the House of Assembly to scale in order to conclusively create a local government and here are the two stages:

1. the House has to pass a bill to adjust the boundary of any existing local government but the bill can only be passed into law if:

a. the House receives a request for the boundary adjustment which is supported by 2/3 majority of members from the area affected by the boundary adjustment from each of the following

i. the House of Assembly, and

ii. the local government council in the area

b. then a proposal for the boundary adjustment is approved by a simple majority of members of the House in the area affected.

2. the House has to make a report to the each chamber of the National Assembly so that the latter can modify the constitution to include new local government or local governments so created.

The Procedure for the Creation of State

When it comes to the creation of a new state, the National Assembly made up of the Senate and the House of Representatives has to pass an Act but this can only be passed when

1. the National Assembly receives a request supported by at least 2/3 majority of members representing the area demanding for the creation of a new state in each of the following:

i. the Senate and the House of Representatives

ii. the House of Assembly in that area, and

iii. the local government councils in the area

2. then a proposal for the creation of a state has to be approved in a referendum by at least 2/3 majority of the people of the area demanding for a new state

3. the result of the referendum will also have to be approved by a simple majority of all the states in Nigeria supported by a simple majority of the members of the House of Assembly, and

4. the proposal will now have to be approved by a resolution passed by 2/3 majority of members of each house of the National Assembly.

Having taken the 4 steps listed above, the National Assembly has two more steps to take to conclude its assignment as far as state creation is concerned.

The next two steps are these:

1.a the National Assembly has to pass an Act to adjust boundary of the existing state or states from where a new state has been carved out and this is only possible if the National Assembly receives a request for the boundary adjustment which is supported by 2/3 majority of members from the area demanding for the boundary adjustment in each of the following:

i. the Senate & House of Representatives

ii. the House of Assembly

iii. the local government councils

1.b then a proposal for the boundary adjustment will have to be approved by:

i. a simple majority of members of each house of the National Assembly, and

ii. a simple majority of members of the House of Assembly in respect of the area affected

2. then the National Assembly has to pass an Act to amend the constitution so as to incorporate new local or state governments into the document.

You will agree that the processes are cumbersome and this explains why neither local nor state government has been created under a constitutional government in Nigeria. Yet as cumbersome as they are, the processes are not unachievable where there is a political will and the government is responsive to the yearnings of its people.

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Why A Copy Of The Judgment Is Needed

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

A judgment is both a piece of paper, and a historical record system. A judgment includes records of certain specific events related primarily to getting, and trying to recover the judgment. Judgments are not cash, not guaranteed, and do not recover themselves.

When you contact a judgment broker, buyer, enforcer, collector, collection lawyer, or a collection agency; they will not do anything significant until they see a copy of your judgment.

No matter how much and what, you tell some person or entity about your judgment, they will not be doing much computer work, or researching your judgment debtor fully with public records, until they see the actual judgment. One exception can be if the person or entity is close to the court, and your judgment is big and looks easy to enforce, they might get a copy of your judgment themselves.

The reason a copy of a judgment is needed is because being named a judgment debtor is serious, and only the actual judgment can be counted on, to accurately name specific debtor(s) and the date and amounts on the judgment.

The proof of service for a judgment is often very important. Default judgments are weaker than contested judgments because on defaults, debtors might claim they were not served properly, even if they were.

As soon as you send the actual judgment paperwork, and what you know about the judgment debtor(s) and their assets; then you can get serious quotes, contracts, retainers, or agreements, for the purchase or recovery of your judgment.

There is no average, when it comes to how much documentation people keep for their judgment. Some people keep nothing. Some people keep only the one page with the court's stamp, that shows the amount owed.

Some people keep multiple copies of everything, including all receipts, court documents, notes, copies of email, proposed revisions of the lawsuit (the complaint), all work products, envelopes received, etc.

Keeping the one page "meat" of the judgment might work fine, however it is best to also keep a copy of the proof of service, and whatever is known about the judgment debtor(s). Also, keep all documents that evidence any previous steps taken to try to collect, such as writs of execution, levies, and liens.

You do not want or need to keep, copy, and send out a 40-pound pile of papers. You should keep what is needed and no more. What was important in the past should be re-evaluated a year later. I recommend you keep only the page(s) of the actual judgment, the proof of service, one copy of the final complaint, and anything that identifies the judgment debtor(s) and their assets.

Unless you use a judgment broker, you will have to send your judgment documents to several or many enforcers, because most enforcers are now very picky about which judgments they will buy or try to recover, in the current economic situation.

When you communicate with a judgment broker, buyer, collection lawyer, or an enforcer, keep focused on your judgment, and what is known about your judgment debtor(s). It does not help to ramble on about trivia or your dislike of your judgment debtor, or to send them too much documentation. After you find the right buyer or recovery solution, then you can send the extra documentation you may have.

Judgment documents can either be paper copies or PDFs. They cannot be printed dockets from court web sites only for many reasons, including court web sites are not consistent, and judgment amounts and other important information may be missing on court web sites, and they are not guaranteed to be accurate.

If you do not have a copy of your judgment, the court can make a copy for you for a very nominal charge. Your court might let you download a PDF of your judgment. If you hired an attorney, perhaps they have a PDF or a paper copy of your judgment.

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Legal Rights Advice: Want to Find a Solution for Affordable Legal Advice

There are many options for finding affordable legal advice. Four options are discussed in this article. 1. Many people have an attorney friend or family member, 2. Many people find lawyers who can do services Pro Bono, 3. Many people find lawyers that only charge if they win your case and 4. Many have a legal service through a company. My goal is to help you think and find the best option to protect your family for all legal needs.

The option of using family and friends who are attorneys is probably the most popular and least expensive option for legal rights advice. If the person you know who is a lawyer specializes in the area of law in which you need help and in the geographical location in which you live, this is an economical option. Family and friends either don't charge anything or give a discounted rate for their services. Family and friends are often more available than a lawyer whom you don't know. You can often feel more comfortable to communicate your legal needs and get sound legal rights advice from family and friend attorneys.

However, if family and friend attorneys don't specialize in the area of law or geographical location for which you need help, finding an attorney for who does Pro Bono work is another option. For those who don't know, Pro Bono work means the attorneys don't charge you anything for their services. In many states, lawyers are required to do 50 hours of *Pro Bono work as a recommendation from the American Bar Association each year. Since it is a requirement as part of their jobs each year, they may be willing to help with your situation. Finding a lawyer who can do Pro Bono work may be tricky; they may have used all of their yearly required hours or it may take a lot of leg work calling or visiting different attorneys.

Similarly, there are attorneys in some television commercials who claim to only charge if they win your case. This option is something for you to think about and research if the attorneys claiming this can help you with your legal issue exist in your area. It may be attorneys that specializes in a different area of law that offer this option than the area of law in which you need legal help, however. This can be a good option if you are planning on going to court. Yet, some people don't plan to go to court, but simply need some legal rights advice. This type of attorney wouldn't be your best option if this is the case.

Possibly the least well known, yet most comprehensive affordable legal rights advice option is to find a legal service provided by a company in the United States. For those of you who wonder if this exists, let me put your mind at ease. There ARE companies available which can help with all legal rights advice, as well as preparation of wills, letters/phone calls written on your behalf, defense in court and other legal services. It may sound too good to be true, but it's not. Since this is a very litigious society, an option like this would be very useful to many people in the USA, if they knew it existed and where to find it. Finding a company is simple, and doesn't have to take a lot of time. In many countries, legal insurance is as common as health, life and auto insurances. It is also a requirement in some countries. In America, these companies aren't as abundant as they are in other countries, but, none-the-less available. Where these options are available, this legal service can cost a small monthly fee, similar to other insurances.

Whatever option you choose, please search out all of the options to find out what would be best for your family. There is no need to stay in the dark anymore, since there are so many options available to you in today. To find out more about a company that can protect your family legally, just reach out - now! You will not regret it.

*Information about Pro Bono from Wikipedia

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Deposition Services for Your Legal Needs

Legal matters are an everyday fact, and unfortunately, almost all of us are forced to find a reason to employ the help of some sort of legal aid. There are endless combinations of services that you might find yourself needing. There are lawsuits, property matters, mediations, and defense cases just to name a few, but one of the most common legal situations that individuals find themselves in is the deposition.

Depositions i.e., sworn testimonies, are often crucial pieces to litigating procedure where lawyers will examine a witness without the presence of a judge like in a traditional court setting for the purposes of discovery regarding the case. This process is extremely important in a trial setting because it allows for the collection of evidence and other information that will assist in the building of the case. There are many different types of this material, and it can be hard to make sure that your evidence gathering is accurate and efficient for all individuals involved.

Luckily, there are companies who specialize in providing different legal help for lawyers and patrons who need a bit of extra assistance in their cases. The offerings that these firms provide range from all different types of legal situations, from court reporting to document drafting, and of course depositions. When dealing with these specifically, they offer a multitude of solutions that make working any case easier, regardless of your relationship to said case.

Some of the different tasks that can be completed by employees of these outsourcing firms in regards to depositions are transcription, fact checking, and actually holding the sworn testimony itself. Many of these companies have a service where you can schedule your questioning online and one of their trained staff members who are attached to your case will conduct the interview and provide you or the lawyer with the results. These services are accurate and are guaranteed to be exactly what your firm or case needs. These companies hire top quality employees to take care of their legal work and provide them with plenty of training so that you can be assured your information is being handled but trustworthy and reliable individuals. And surprisingly quality solutions to your legal problems, though costing money, will not break you or your case so you can assure that your firm is at the top of its game for less.

Legal situations can be tough, regardless of your involvement in them, whether you are a client looking to have a case resolved or defending your freedom, or if you are a lawyer working around the clock to make sure your client and reputation are safe. With companies coming forward to provide the assistance and options that you need, such as court reporting and deposition, as a firm or client, you can sleep better at night knowing that you have access to expert assistance for low cost, that will help relieve some of the stress regarding your case. Having access to the right services and help can be the difference of a win or a loss and in most cases will work in your favor.

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Returning Judgments

I am not a lawyer, I am a judgment broker. This article is my opinion, and not legal advice, based on my experience in California. If you ever need any legal advice or a strategy to use, please contact a lawyer.

When getting into the judgment recovery business, most people do not think about returning judgments. Returning judgments is as important of a topic as any other topic in judgment recovery.

Here are the most common reasons one might consider returning a judgment:

1) The Original Judgment Creditor (OJC) is a pain in your rear end. I have witnessed many times, OJCs being or becoming unreasonable, and contacting Judgment Enforcers (JEs) way too often and/or trying to micro-manage them.

After an OJC assigns their judgment to a JE, they are, or at least they should be, out of the picture. Some OJCs, even with tiny judgments, ask JEs for daily status reports, and/or tell JEs how they should enforce the judgment. When the OJC is a pain, think twice about whether you want to keep that judgment.

2) The judgment debtor is broke, and does not seem to have any current, or projected future assets available.

3) The judgment debtor has filed for bankruptcy protection. If the judgment debtor successfully discharged the judgment, it may not matter whether you return the judgment or not. However, it is generally a good policy to assign the judgment back, to prevent any (occasional and potential) future hassles.

4) The judgment debtor moves to another state or country. Unless the judgment and debtor assets are large, it is usually not worth hiring a lawyer to recover judgments in other states. In this case, after returning the judgment, consider making money referring the OJC to a judgment broker.

5) If the judgment debtor gets really sick, or dies, with no money in their estate.

6) When the judgment debtor successfully vacates or appeals the judgment. In this case, it does not matter whether you return the judgment or not, because the judgment you were assigned no longer exists.

7) You have recovered "enough". Sometimes after a wage garnishment, bank levy, or a Sheriff sale, you recover most, however not all, of the amount owed on the judgment. Usually, it is not cost-effective trying to recover the last few dollars.

8) You are leaving the judgment business, and doing the right thing and returning your judgments.

To return a judgment, the concept and procedure is exactly the same as when you were assigned the judgment. The assignment paperwork is the same, and your information and the OJC's information are swapped. You still get your signature notarized, and the assignment still must be stamped and filed by the court.

Here is an example of the wordings for a re-assignment of a judgment, where a JE named Mr. Arnold Assignee had been assigned a judgment before, and is now assigning it back to Mr. Paul Plaintiff, the OJC:

Paul Plaintiff 100 Fake Avenue San Jose, CA 95112

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

Paul Plaintiff (Plaintiff) V. Dan Debtor (Defendant)

CASE NUMBER: 11-04-CV-999999 ACKNOWLEDGEMENT OF ASSIGNMENT OF JUDGMENT AND NOTICE OF ACKNOWLEDGMENT OF ASSIGNMENT OF JUDGMENT (CCP §673)

COMES NOW Arnold Assignee, and my address is 100 Fake Avenue, Milpitas, CA 95035, Assignee Of Record in this matter, and hereby provides the following in support of an ASSIGNMENT OF JUDGMENT:

1) THAT this original Judgment was awarded by this court on 03/29/2010.

2) THAT Plaintiff was awarded $25,000.00, and Court approved Costs of $500.00 (which totals as $25,500.00) on 03/29/10, against Defendant: Dan Debtor.

3) THAT there have been no renewals since the entry of said Judgment by this Court and that Plaintiff has already received $0.00 payment on this Judgment from the Defendant.

4) THAT Arnold Assignee of 100 Fake Avenue, Milpitas, CA 95035, is the current Assignee Of Record.

5) THAT the last address of record for the Judgment Debtor(s) are: Dan Debtor, 444 Cheaters Lane, San Jose, CA 95122.

6) THAT I, Arnold Assignee hereby transfer, and assign all title, rights, ownership, and interest in this Judgment to the following person: Paul Plaintiff of 100 Fake Avenue San Jose, CA 95112

Signed this 32nd day of February 32, 2012 in the City of: Milpitas, California

Arnold Assignee - Assignee of Record

State of CALIFORNIA, County of SANTA CLARA, before me, (Print Notary Officer Name, and Title)

The Signator personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Signature - Notary Public in and for said County and State

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When A Summons for Credit Card Debt Is Unanswered

If a debtor fails to answer a summons for credit card debt within the given period (usually 20 days) junk debt buyers, collection agencies, and creditors will not waste time collecting the payment if they are awarded a default judgment.

If you are given 20 days to file an Answer to the summons for credit card debt and you failed to do so within the given timeframe, your creditor will start their collection efforts as early as the very next day they got a default judgment. These guys don't mess around either. Once a default judgment is awarded to your creditor, they have legal access to your bank account and garnish your wages.

Your creditor expects you to ignore the summons for credit card debt. They expect you to give up and hand over the payment for the debt you allegedly owe them. They expect you to not respond to the summons and hijack your bank account through the power of a default judgment. So the question is, will you allow your creditor to empty your bank account and garnish your wages?

If your state allows a certain percent of your wages to be garnished, you might receive an order from the court asking you to appear at a Garnishment hearing. However, your creditor will still discover where you work, how much you make a month, and dock your check at the highest percentage allowed in your state.

Though it can be quite disheartening to receive a summons for credit card debt, it is important to fight back and not let these bottom-feeders take whatever they get their hands on. Don't make it easy for them to win their case respond to the summons for credit card debt right away. This way, your creditor has no chance of being awarded a default judgment, which will give them legal access to your bank account, employment and personal information as well as put lien on your property or garnish your wages as repayment for the debt.

The key is to conduct as much research as you can about the steps you need to take in order to effectively defend yourself in court even without the help of an attorney. Of course, you still need to check local court rules even if you have an attorney representing you in court. Knowledge is power and you need to know what you are up against even if you are not defending your case Pro Se.

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