By Dr. Raphael Christopher
The short answer is no. However, let us examine relevant applicable laws to determine if this answer is correct.
First, let us look at what are the Statutory Notice Periods. These are periods set down by statutes that govern notice periods. So, where there is no express shorter contractual notice, the statutory minimum periods under the Recovery of Premises Act and various state tenancy laws will apply different statutory notice periods depending on the duration, rent payment dates and circumstances of the tenancy.
For example, weekly tenancies and tenancies at will – a one week’s notice will be enough. But Monthly tenancies need a minimum of one clear calendar month notice. If it is a Quarterly or half-yearly tenancy. You need to give at least 3 clear calendar months notice.
For Yearly tenancies and tenancies exceeding one year. You should give at least 6 clear calendar months or half a year’s notice.
It is very important to note that in all cases, all time periods for the notices are computed from the date of service of the notice and must be complete statutory periods (i.e., six clear calendar months in the case of yearly tenancy).
What should the notice contain? Well, a valid notice to quit must:
1. Clearly identify the parties and premises;
2. Specify the notice period and the date the tenant is to vacate; and
3. Be dated and signed and stamp affixed.
4. Served on the right tenant and proof of service ready to hand.
Failure to give proper notice may render any subsequent action for possession incompetent.
So how do we compute Time as in “Clear Calendar Months”
Essentials of Computation
Time is computed from the day after service of the notice to quit, and ends on the date the time period of the notice expires. The statutory period must be fully observed. For example, in Nnadozie v. Oluoma (1963), a notice was invalidated because, although the notice was served during March, it did not give the tenant a full calendar month to quit — even though on its face it appeared to run until the end of April. Courts will examine actual service dates and whether the requisite statutory period had run.
What about Calendar Months vs Weekend/Specific Days
Under the statutory scheme, the tenure periods are generally interpreted as full calendar months (e.g., six clear months), not tied to particular weekdays. There is no express rule that a notice served with a termination date falling on a Saturday (or Sunday) is invalid per se — provided that:
• The statutory period (e.g., six clear calendar months) has in fact elapsed from the actual service date; and
• The notice otherwise meets all requirements of form and substance.
To my knowledge, there is no authority holding that a court will invalidate a notice merely because the chosen termination date is a Saturday.
If anyone knows of any, please let me know.
In African Petroleum Ltd v. J.K. Owodunni (1991) 8 NWLR (Pt. 210) 391 (SC), the Supreme Court emphasised the need to give the full statutory six months’ notice to determine a yearly tenancy — eight days, for example, was not enough and the court held that the defendant remained a statutory tenant until the tenancy was properly determined.
Although this case did not hinge on the day of the week on which termination was fixed, it underscores that the statutory period itself must be honored; any significant shortfall in time is fatal.
What about where is Substantial Compliance and Defects?
Our Courts tend to require strict compliance with notice requirements where jurisdiction depends on it. Ayinke Stores Ltd v Adebogun (2008) holds that defective or irregular notices may invalidate a landlord’s claim, even if the tenant was in breach of obligations. Conversely, courts sometimes apply a substantial compliance doctrine (e.g., P.W. Nig Ltd v. A.C.B. Ltd), but this is fact-specific and usually invoked where the tenant was not misled or prejudiced.
Importantly, a mere choice of a Saturday termination date — per se — has never been held in Nigerian reported case law to invalidate a notice where the statutory period has been fully served and the notice contains all essential particulars.
Our courts tends to focus on whether the statutory period has been observed and whether the notice was properly served such that the tenant had the full statutory notice period to vacate.
Conclusion
In summary, a Saturday termination date does not, in itself, invalidate a notice to quit under Nigerian property law, provided the statutory period has truly run and the other essentials are satisfied. Courts focus on the length and service of notice — not the particular weekday of the termination date. Rejecting the notice on the sole basis that it ends on a Saturday would be inconsistent with both statutory computation of “clear calendar months” and established authorities.
Dr. Raphael Christopher CIM, , PGOSDC, FAETC, CELTA.
Senior Member NBA Enugu Branch
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