By Abdulbāsit Mahmood Adewole Esq.
In a rapidly evolving digital landscape, where second-hand goods transaction is commonplace, it becomes crucial for individuals to navigate such exchanges with foresight and caution.
The old adage, “He who has warned you has helped you,” serves as a pertinent reminder of the often-overlooked risks associated with purchasing used items, particularly mobile phones.
In Nigeria, the interplay of legal principles and everyday commerce necessitates a judicious approach to avoid entanglement in legal quandaries.
It is very important to conduct a thorough due diligence, legal preparedness, and the acquisition of reliable documentation in safeguarding oneself from the potential pitfalls of innocuous transactions.
In Nigeria, the burgeoning market for used mobile devices presents both opportunities and challenges. However, acquiring a pre-owned phone from an unfamiliar source can expose buyers to considerable risk, including the possibility of being implicated in criminal activities, such as theft, fraud or even murder.
For instance, a case I handled as a private legal practitioner in the past highlighted how an unsuspecting buyer was arrested after purchasing a second-hand phone that was later determined to have been stolen in a robbery case.
The legal principle of vicarious liability in criminal law might hold the buyer partially accountable, resulting in unnecessary legal challenges.
As stated in Section 36(5) of the Constitution of the Federal Republic of Nigeria, “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.”
However, the presumption of innocence does not shield individuals from the inconveniences of legal scrutiny. The burden of proving the legality of one’s possessions often falls on the individuals, particularly when they lack the requisite documentation to substantiate their claims of ownership.
Consequently, obtaining a well-drafted receipt while engaging in such transactions is not merely advisable but essential for legal protection and security.
Moreover, individuals should recognize that the ramifications of legal oversight extend beyond mere inconvenience. Numerous individuals languish in pre-trial detention not because they committed crimes but due to a lack of diligence in legal matters.
The Nigerian legal system, while aimed at justice, can often be unforgiving to those who do not proactively seek legal counsel. The importance of seeking proper and prompt legal advice cannot be overstated, as articulated in the Rules of Professional Conduct for Legal Practitioners, which emphasize the necessity for legal practitioners to guide clients effectively and ethically, thereby mitigating potential risks or legal battles.
Given these considerations, it is prudent for individuals to forge relationships with legal professionals before facing dilemmas. Engaging a reliable lawyer can significantly alter one’s ability to navigate transactions securely.
Such relationships can yield preventive measures that act as shields against potential legal repercussions. Vigilance in obtaining legal advice, as well as well-structured agreements for transactions, can protect individuals from adverse outcomes, echoing the sentiment that “prevention is better than cure.”
Most importantly, clients are urged to pay (financial compensation) for every legal service, including legal advice, render by a lawyer, even if such lawyer is a family.
In conclusion, the interplay of law and commerce in Nigeria necessitates a cautious approach to transactions, particularly in the context of buying second-hand goods.
Individuals must remain vigilant, seeking reliable documentation and legal advice to safeguard their interests. Adopting these measures not only enhances personal security but also contributes to a more responsible and legally compliant society.
May we be endowed with the wisdom to navigate our transactions with caution and foresight, seeking reliable documentation and legal counsel to safeguard our interests and contribute to a more responsible and legally compliant society.
©
Abdulbāsit Mahmood Adewole Esq.
abdulbasitadewole@gmail.com
25th Sha’bān, 1446 AH;
24th February, 2025 🇳🇬
