Imagine paying ₦800,000 annual rent for a property and receiving a notice that your rent will increase to ₦1.5 million when your tenancy is renewed. Can your landlord simply increase the rent by whatever amount he wants? The answer depends on the terms of the tenancy, the applicable law and the circumstances surrounding the proposed increase. For tenants in Lagos, the question is particularly important because the Lagos State Tenancy Law 2011 contains provisions dealing with unreasonable rent increases. At the same time, the Lagos State House of Assembly introduced the Lagos State Tenancy and Recovery of Premises Bill 2025, which proposes significant changes to the existing framework. The Bill is not yet the law and should not be confused with the existing 2011 legislation. Can a Landlord Increase Rent? A landlord is entitled to review the rent payable for a property, particularly when an existing tenancy expires and the parties are negotiating a new tenancy. However, the landlord’s right to increase rent is not an unrestricted right to impose any amount at any time. The first document to examine is the tenancy agreement. If the agreement contains a rent-review or escalation clause, that provision is relevant in determining the parties’ rights. Where there is no such provision, the circumstances surrounding the proposed increase and the applicable law must be considered. Can a Landlord Increase Rent During an Existing Tenancy? The position is different where the tenant is still within a fixed tenancy period. A landlord cannot simply disregard the terms of a subsisting tenancy agreement and impose a new rent in the middle of the agreed term. For example, if a tenant has paid ₦1 million for a one-year tenancy running from January to December, the landlord cannot ordinarily demand an additional ₦500,000 in July merely because rental values in the area have increased. The contractual terms governing the tenancy remain binding. What Happens When the Tenancy Expires? When the agreed tenancy period expires, the parties are dealing with the renewal or continuation of the tenancy. A landlord who wishes to continue the tenancy at a higher rent can propose new terms for the new tenancy. The tenant can then accept the proposed rent, negotiate or decide not to continue the tenancy. However, the landlord must still comply with the applicable law when seeking possession where the tenant does not agree to the new terms. A landlord cannot use force or self-help simply because a tenant refuses to accept a proposed increase. What Is an Unreasonable Rent Increase? An increase can become legally challengeable where the applicable law treats it as unreasonable. The fact that a landlord has increased rent does not, by itself, establish that the increase is unlawful. The size of the increase must be considered alongside the relevant circumstances. For example, an increase from ₦1 million to ₦1.2 million is a 20% increase, while an increase from ₦1 million to ₦3 million is a 200% increase. The percentage alone does not determine whether the increase is legally unreasonable. Factors relating to the property and prevailing rents in the locality are relevant. What Does the Lagos Tenancy Law 2011 Say About Unreasonable Rent Increases? Section 37 of the Lagos State Tenancy Law 2011 specifically addresses unreasonable increases in rent. Subject to any agreement to the contrary, an existing tenant can apply to the court for an order declaring an increase in rent unreasonable. In determining whether the increase is unreasonable, the court considers matters including: The general level of rents in the locality. The level of rents in similar localities. Evidence from the parties. Special circumstances relating to the premises. Other relevant matters. Where the court is satisfied that the increase is unreasonable, it can order that the increase be changed to a specific amount. This statutory protection is important, but it should not be presented as though it applies identically to every property and tenancy in Lagos. The scope and application of the 2011 Law must be considered in relation to the particular premises. Has the Lagos Tenancy Law Been Amended in 2025? This requires clarification because there has been considerable confusion about it. In May 2025, the Lagos State Government expressly disowned an online publication claiming that the Lagos Tenancy Law had been updated or amended. The Government described that publication as false. What actually happened later in 2025 was the introduction of the Lagos State Tenancy and Recovery of Premises Bill 2025 before the Lagos State House of Assembly. The Bill seeks to repeal and replace the existing 2011 framework and proposes changes concerning matters including rent, advance payments, agency fees and recovery of premises. However, a Bill is not the same thing as an enacted law. Therefore, landlords and tenants should distinguish between: The Lagos State Tenancy Law 2011 — the existing law; and The Lagos State Tenancy and Recovery of Premises Bill 2025 — proposed legislation that seeks to change the existing framework. As at the date of this article, the Bill has not replaced the 2011 Law. What Changes Does the 2025 Bill Propose? The proposed Bill contains significant reforms to the existing tenancy framework. Among other things, it proposes rules concerning: Advance rent. Agency and professional fees. Recovery of premises. Landlord and tenant obligations. Dispute resolution. The scope of application of the tenancy legislation. The Bill also proposes broader application across Lagos State, addressing some of the geographical exclusions associated with the existing 2011 Law. These proposals are important for landlords, tenants, estate agents and property investors to understand. However, they should not be presented as current law until the legislative process is completed and the legislation comes into force. Can a Tenant Challenge an Excessive Rent Increase? Where section 37 of the Lagos State Tenancy Law 2011 applies, an existing tenant can apply to court for an order declaring an unreasonable increase unreasonable. The tenant should support the application with evidence. Relevant evidence can include: Rental agreements for comparable properties. Evidence of rent paid for similar properties. Current
Wrongful Termination in Nigeria: What Employees Can Claim
Losing a job can be difficult, but the situation becomes more serious where an employer terminates an employee’s employment in breach of the terms of the employment contract or applicable law. Wrongful termination in Nigeria is primarily a contractual issue in ordinary employment relationships. The rights of an employee depend on the terms of the employment contract, applicable legislation and the circumstances surrounding the termination. An employee who believes that their employment was wrongfully terminated should understand the applicable rules before deciding what legal action to take. What Is Wrongful Termination? Wrongful termination occurs where an employer brings an employment relationship to an end in breach of the terms governing the employment. For example, where an employment contract requires one month’s notice or payment of salary in lieu of notice and the employer terminates the employment immediately without complying with either requirement, the termination is wrongful. The National Industrial Court has repeatedly recognised the contractual nature of ordinary master-and-servant employment. Where the contract prescribes a procedure for termination, the employer must comply with that procedure. Is Wrongful Termination the Same as Unlawful Dismissal? The terms should not be used interchangeably. In ordinary contractual employment, wrongful termination generally refers to termination in breach of the employment contract. Unlawful dismissal can arise where the termination violates a statutory provision or affects an employment relationship governed by specific statutory protections. The distinction is important because the applicable remedies depend on the nature of the employment relationship. What Makes a Termination Wrongful? A termination can be wrongful where the employer fails to comply with a contractual or legally required condition for bringing the employment to an end. Common examples include: Failure to give the required notice. Failure to pay salary in lieu of notice where applicable. Failure to comply with a contractual termination procedure. Termination contrary to an applicable statutory requirement. Failure to comply with an agreed disciplinary procedure where the contract makes that procedure a condition of termination. The employment contract should therefore be examined before determining whether a termination was wrongful. Does an Employer Need a Reason to Terminate Employment? An employer is not bound to give reasons for termination but once he gives a reason for termination of employment he bears the burden to justify it. In ordinary master-and-servant employment, an employer generally has the contractual right to terminate the relationship in accordance with the applicable terms. The employer’s reason for termination does not necessarily determine whether the termination is wrongful. The critical question is often whether the employer complied with the contract and applicable law. However, this principle does not permit an employer to terminate employment for a reason prohibited by law or to disregard statutory protections applicable to the particular employment relationship. What If the Employer Terminates Employment Without Notice? Where the employment contract requires notice, the employer must give the prescribed notice or make the appropriate payment in lieu of notice. Section 11 of the Labour Act also provides statutory notice periods in circumstances covered by the Act. The prescribed period depends on the duration and nature of the employment. Accordingly, an employer who terminates an employment relationship without the required notice or payment in lieu of notice acts in breach of the applicable terms. What Is Payment in Lieu of Notice? Payment in lieu of notice is payment of the remuneration that would have been earned during the applicable notice period where employment is terminated immediately. For example, if an employee’s contract requires one month’s notice and the employer wants the employee to leave immediately, the employer must comply with the contractual provision concerning payment in lieu of notice. The precise entitlement depends on the employment contract and applicable law. Can an Employer Dismiss an Employee Without Notice for Misconduct? Yes. Dismissal for serious misconduct is distinct from ordinary termination by notice. Where an employee commits conduct that legally and contractually justifies summary dismissal, the employer can terminate the employment without the ordinary notice period. However, the employer must still comply with any applicable contractual, statutory and procedural requirements. Where disciplinary procedure is required by the contract or applicable law, the employer must follow it. What If the Employee Was Not Given a Fair Hearing? The consequences depend on the nature of the employment relationship and the applicable rules. In ordinary contractual employment, the right to fair hearing does not automatically convert every termination into an unlawful termination merely because the employee was not given an opportunity to defend allegations. However, where the contract, staff handbook, applicable statute or the nature of the employment requires a disciplinary procedure, failure to comply with that procedure can expose the employer to liability. The National Industrial Court has demonstrated that failure to comply with contractual and company procedures can have significant consequences in wrongful-termination claims. What Can an Employee Claim After Wrongful Termination? The remedy depends on the circumstances of the employment and the nature of the breach. In ordinary contractual employment, an employee can claim the financial loss resulting from the employer’s breach, including the applicable notice entitlement. Other accrued contractual entitlements can also be claimed where they remain unpaid. Recent Nigerian employment jurisprudence has also shown developments concerning damages for wrongful termination, making it important to assess the current authorities applicable to the particular claim rather than relying solely on older statements of the law. Can an Employee Get Reinstatement? Reinstatement is not ordinarily the remedy for wrongful termination in a purely contractual master-and-servant relationship. Where an ordinary employment contract has been wrongfully terminated, the usual remedy is monetary compensation for the breach rather than an order compelling the employer to continue the employment relationship. Different considerations apply to employment governed by statute or involving statutory flavour. The nature of the employment relationship must therefore be established before advising on the remedy. What Is Employment With Statutory Flavour? Employment with statutory flavour is employment governed by statutory provisions that prescribe the terms and conditions of the relationship. It is different from ordinary master-and-servant employment. Where an employee’s
Can an Employer Sack You Without Notice in Nigeria?
Losing a job can be financially and professionally disruptive, particularly where an employee is dismissed without warning or without being given an opportunity to prepare for the termination. This often raises an important question: Can an employer sack you without notice in Nigeria? The answer depends on the nature of the employment relationship, the terms of the employment contract, the reason for the termination and the applicable law. An employer’s right to terminate an employment relationship is not necessarily unlimited, and an employee’s rights may depend significantly on the terms and laws governing the employment. What Does Notice of Termination Mean? Notice of termination is the period an employer or employee is required to give before bringing an employment relationship to an end. The applicable notice period may be provided by: The employment contract. A collective agreement, where applicable. Applicable legislation. The terms governing the particular employment relationship. Where an employee’s contract specifies a particular notice period, the parties generally need to consider that contractual provision when determining how the employment may be terminated. Can an Employer Terminate Employment Without Notice? In some circumstances, yes. An employer may be entitled to terminate employment without giving the ordinary period of notice where the law or the applicable employment contract permits immediate termination. One common example is termination for serious misconduct where the circumstances justify dismissal without notice. However, whether an employer was entitled to terminate without notice depends on the particular facts and the terms governing the employment. An employer should therefore not assume that every dismissal can lawfully be made without notice. What Is the Difference Between Termination and Dismissal? The terms are sometimes used interchangeably, but they can have different legal implications. Termination generally refers to bringing the employment relationship to an end in accordance with the applicable terms. Dismissal may refer to termination by the employer, particularly in circumstances involving misconduct or disciplinary issues. The legal consequences may depend on the nature of the employment and the applicable contractual and legal framework. Can an Employee Be Dismissed for Misconduct Without Notice? Potentially, yes. Where an employee commits serious misconduct, an employer may have grounds to dismiss the employee without the ordinary notice or payment in lieu of notice, subject to the applicable law, contract and disciplinary procedure. Examples of conduct that may potentially amount to serious misconduct depend on the employment relationship and applicable rules. The employer should nevertheless ensure that the procedure adopted is consistent with the employee’s contractual and legal rights. Does an Employer Have to Give a Reason for Termination? Generally an employer is not bound to give any reason for terminating an employment. However, once he decides to give a reason, the burden lies on him to justify it. In many ordinary contractual employment relationships, the employer’s ability to terminate is primarily governed by the contract and applicable law. What If the Employer Says “You Are Fired” Immediately? An employer’s verbal statement may not necessarily resolve all the legal questions surrounding the termination. The employee should obtain and preserve relevant documents, including: Employment contract. Offer letter. Staff handbook. Termination or dismissal letter. Disciplinary correspondence. Emails and messages relating to the termination. Payslips and other relevant employment records. These documents may be important when determining whether the termination complied with the applicable contractual and legal requirements. What Is Payment in Lieu of Notice? Where the applicable terms permit termination by notice or payment in lieu, the employer may terminate the employment immediately by making the appropriate payment instead of requiring the employee to work through the notice period. The exact entitlement depends on the employment contract and applicable law. Payment in lieu of notice should therefore not be confused with a dismissal for misconduct. Can an Employer Terminate Employment Because He No Longer Wants the Employee? In ordinary contractual employment, an employer has a contractual right to terminate the relationship, subject to the applicable terms and law. However, that does not mean an employer can terminate employment for every conceivable reason or disregard contractual and statutory protections. The circumstances surrounding the termination remain important. What If the Termination Is Because of Discrimination? A termination may raise serious legal issues where it is based on a prohibited or unlawful reason. An employee who believes that their employment was terminated because of an unlawful discriminatory or otherwise prohibited reason should obtain legal advice promptly. The available remedies will depend on the nature of the employment and the circumstances of the case. What If the Employer Does Not Pay Salary or Other Entitlements? Termination of employment does not necessarily extinguish amounts that were already lawfully due to the employee. Depending on the circumstances, an employee may have claims relating to: Unpaid salary. Payment in lieu of notice. Accrued contractual benefits. Other sums due under the employment relationship. The employee should obtain advice on the particular terms of the employment contract and applicable law. What Should You Do If You Are Sacked Without Notice? If your employment has been terminated without notice, avoid making assumptions about your legal position. Instead: Obtain your employment contract and relevant employment documents. Request or retain the termination or dismissal letter. Determine the reason given for the termination. Check the applicable notice provisions. Determine whether payment in lieu of notice is applicable. Preserve relevant communications and evidence. Seek legal advice before signing any settlement or waiver. Acting promptly can help preserve important evidence and legal options. Can an Employee Sue an Employer for Wrongful Termination? Potentially, yes. Where an employer terminates employment in breach of the applicable contract or law, an employee may have a claim for wrongful termination or another appropriate remedy, depending on the circumstances. However, the mere fact that an employee considers a termination unfair does not automatically mean that a successful legal claim exists. The employee’s contract, the circumstances of the termination and the applicable legal framework must be examined. What Remedies May Be Available? The remedy available to an employee depends on the nature of the employment and
How to Challenge a Garnishee Order in Nigeria
Garnishee proceedings are an important method of enforcing a monetary judgment. However, the fact that a garnishee order has been made does not mean that every attachment is necessarily valid or that an affected party has no legal remedy. A judgment debtor or garnishee who believes that a garnishee order was improperly obtained, wrongly directed, or affects funds that should not be attached has grounds to challenge it. Understanding how to challenge a garnishee order in Nigeria is therefore important for judgment debtors, banks and other third parties affected by garnishee proceedings. What Is a Garnishee Order? A garnishee order is an order of court directed at a third party who holds money belonging to, or is indebted to, the judgment debtor. The purpose is to attach the relevant debt or funds and apply them towards satisfaction of a judgment debt. A bank may, for example, be named as a garnishee where it holds funds in an account belonging to the judgment debtor. Garnishee proceedings are governed by the Sheriffs and Civil Process Act and the rules of the relevant court. Who Can Challenge a Garnishee Order? Depending on the circumstances, different parties may have grounds to challenge garnishee proceedings or an order made in them. These may include: The judgment debtor. The garnishee. A person claiming an interest in the attached funds. In appropriate circumstances, another affected party. The nature of the objection and the appropriate procedure will depend on the circumstances of the case. Can a Judgment Debtor Challenge a Garnishee Order? Yes, in appropriate circumstances. A judgment debtor may challenge garnishee proceedings where there is a valid legal or procedural basis for doing so. However, a judgment debtor should not assume that the mere fact that they disagree with the judgment is sufficient. Where the underlying judgment remains valid and enforceable, the debtor will generally need to identify a proper basis for challenging the garnishee process itself or seek an appropriate remedy in relation to the judgment. Grounds for Challenging a Garnishee Order The possible grounds will depend on the facts and applicable law. They include: 1. The Judgment Debt Has Been Paid If the judgment debtor has already satisfied the judgment debt, there is no basis for further enforcement. Evidence of payment should be produced where the issue is disputed. 2. The Amount Being Attached Is Incorrect A garnishee order should not ordinarily be used to recover more than is legally due. If the judgment debt has been partially paid, the outstanding balance should be properly accounted for. An affected party may therefore challenge an attachment that exceeds the amount properly recoverable. 3. The Funds Do Not Belong to the Judgment Debtor This can be an important issue. The fact that money is held in an account associated with a judgment debtor does not necessarily mean that every amount in the account belongs beneficially to that debtor. Where another person has a legitimate legal or beneficial interest in the funds, that person may need to assert that interest through the appropriate procedure. 4. The Garnishee Is Not Indebted to the Judgment Debtor Garnishee proceedings depend on the existence of a debt or funds attachable in the hands of the garnishee. If the garnishee does not owe money to the judgment debtor or does not hold funds belonging to the judgment debtor, the garnishee is expected to raise it before the court. 5. The Wrong Party Was Named as Garnishee A party who has no relevant debt or funds belonging to the judgment debtor may have grounds to object to the proceedings. The circumstances should be properly presented to the court. 6. There Was a Procedural Irregularity Garnishee proceedings must comply with applicable procedural requirements. Where a material procedural defect has occurred, an affected party may challenge the proceedings or seek an appropriate order from the court. The effect of the defect will depend on its nature and the applicable law. 7. The Funds Are Subject to Legal Restrictions Not every fund held by a garnishee is necessarily available for attachment. There may be statutory, contractual or other legal restrictions affecting particular funds. Where such an issue arises, it should be properly brought before the court. What Is the Difference Between a Garnishee’s Objection and the Judgment Debtor’s Objection? The garnishee and judgment debtor may have different interests. A garnishee, such as a bank, may be concerned about whether it actually holds attachable funds, whether the order was properly served, or whether it owes money to the judgment debtor. The judgment debtor, on the other hand, may challenge issues such as the amount attached, ownership of the funds, payment of the judgment debt, or the validity of the enforcement process. The appropriate objection depends on the party and the circumstances. Can a Garnishee Order Be Set Aside? In appropriate circumstances, an affected party may apply to the court for an order setting aside, varying or otherwise dealing with the garnishee order. The court will consider the applicable law, the circumstances surrounding the order and the evidence presented. An application to set aside should therefore identify a proper legal basis rather than merely expressing dissatisfaction with the order. What If the Garnishee Order Has Already Been Made Absolute? The position may become more complicated once the garnishee process has progressed to an order directing payment. However, the availability of a remedy depends on the circumstances. An affected party should obtain legal advice promptly to determine whether an application to vary, set aside or otherwise challenge the order is available. The fact that an order has already been made does not mean that every possible remedy is automatically extinguished. Can a Judgment Debtor Stop Garnishee Proceedings by Appealing the Judgment? An appeal and a challenge to garnishee proceedings are separate matters. A person dissatisfied with the underlying judgment may have a right to appeal, subject to applicable law and procedure. However, filing an appeal does not necessarily automatically suspend enforcement of the judgment. Where enforcement needs to be
Garnishee Proceedings in Nigeria: How to Recover a Judgment Debt from a Bank
Obtaining a monetary judgment against a debtor is an important step, but the judgment creditor may still face difficulties if the judgment debtor refuses to pay. Where the judgment debtor has money in the hands of a third party, garnishee proceedings in Nigeria may provide a means of enforcing the judgment. Garnishee proceedings are commonly associated with bank accounts because banks may hold funds belonging to judgment debtors. However, the procedure is not limited to banks. It can apply where a third party is indebted to the judgment debtor and the relevant legal requirements are satisfied. What Are Garnishee Proceedings? Garnishee proceedings are a method of enforcing a monetary judgment by seeking to attach money owed to the judgment debtor by a third party. The parties are generally described as: Judgment creditor – the person who obtained the judgment. Judgment debtor – the person against whom the judgment was given. Garnishee – the third party who holds money belonging to, or is indebted to, the judgment debtor. For example, if a court orders a company to pay ₦20 million to a judgment creditor and the company has funds in a bank account, the judgment creditor may, where appropriate, seek to recover the judgment debt through garnishee proceedings against the bank. What Is a Garnishee Order? A garnishee order is an order made by a court directing a garnishee to pay money that is due or payable to the judgment debtor towards satisfaction of the judgment debt, subject to the applicable law and procedure. The order is not simply an instruction from the judgment creditor to the bank or other third party. The judgment creditor must follow the prescribed court process. Who Is the Garnishee? The garnishee is the third party who holds money belonging to, or owes money to, the judgment debtor. A bank is a common example because it may hold funds in an account belonging to the judgment debtor. However, depending on the circumstances, other persons or entities may potentially be garnishees where they owe money to the judgment debtor. How Do Garnishee Proceedings Work? The procedure is governed by the Sheriffs and Civil Process Act and the rules of the relevant court. Broadly, the process involves the judgment creditor applying to the court for an order attaching money in the hands of the garnishee. The court first makes an order nisi requiring the garnishee to show cause why the debt or funds should not be used to satisfy the judgment. The garnishee then respond to the order. Where the requirements for enforcement are satisfied, the court makes an order directing payment to the judgment creditor. What Is a Garnishee Order Nisi? A garnishee order nisi is generally an initial order attaching the debt or funds in the hands of the garnishee and calling upon the garnishee to show cause why the order should not be made absolute. The order is therefore not necessarily the final stage of the garnishee process. The garnishee may have an opportunity to raise objections or explain why the funds should not be paid to the judgment creditor. What Is a Garnishee Order Absolute? Where the court is satisfied that there’s actually money belonging to the judgment debtor in the custody of the garnishee, it makes the garnishee order absolute in respect of the judgment sum; where the outstanding balance is less than the judgment sum, in respect of the outstanding balance. This generally directs the garnishee to pay the relevant amount towards satisfaction of the judgment debt. The effect and procedure depend on the applicable law and the order made by the court. Can a Bank Refuse to Pay a Garnishee Order? A bank or other garnishee cannot simply disregard a valid court order. However, the garnishee may have legitimate grounds for objecting to the attachment or explaining why the relevant funds cannot be paid. For example, issues may arise concerning: Whether the judgment debtor actually has funds with the garnishee. The amount available. Whether the funds are subject to a legal restriction. Whether the order was properly served. Whether the garnishee is in fact indebted to the judgment debtor. The garnishee should therefore comply with the court process and raise any legitimate objection through the appropriate procedure. Can Garnishee Proceedings Recover the Entire Judgment Debt? They can, where sufficient attachable funds or debts are available and the applicable legal requirements are satisfied. If the judgment debtor has only part of the judgment sum available through the garnishee, the proceedings may recover only the amount that can lawfully be attached. The judgment creditor may need to consider other enforcement mechanisms for any remaining balance. What If the Judgment Debtor Has Several Bank Accounts? A judgment creditor may consider garnishee proceedings against relevant banks where there is a lawful basis to do so. However, the judgment creditor should not simply assume that every account or every fund held by a bank belongs to the judgment debtor or is available for attachment. The particular circumstances and applicable legal restrictions must be considered. Can Garnishee Proceedings Be Used Before Obtaining Judgment? Garnishee proceedings are generally associated with the enforcement of a monetary judgment. A person who merely believes that another person owes them money cannot ordinarily use garnishee proceedings as a substitute for obtaining judgment. The existence and nature of the judgment are therefore important. There may be other forms of interim relief available in appropriate circumstances, but these should not be confused with ordinary judgment-enforcement garnishee proceedings. Can Garnishee Proceedings Be Used Against Government Funds? The enforcement of judgments against public bodies and government-related funds may be subject to special statutory and procedural requirements. A judgment creditor should not assume that the ordinary procedure applicable to a private bank account will automatically apply to funds belonging to a government body or public authority. Special rules may apply depending on the identity of the judgment debtor and the nature of the funds involved. What If the Garnishee Says There Is No Money? If the