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Generally, the Land Use Act (1978) specifically vests the ownership of all lands in Nigeria in the Governor of the respective states. The same Act also requires that any person who wants to alienate or transfer his land must obtain Governor’s consent to make the transaction valid in accordance with the Land Use Act. Notwithstanding the foregoing, the purchase or transfer of property in Lagos state has been greatly hindered by the activities of Land grabbers, otherwise known as the Omo Onile.

The practice of land grabbing entails the use of force, threats or violence to take possession or prevent a purchaser from acquiring legitimate interest and possession of property unless certain conditions are fulfilled. The said conditions are usually in the form of excessive levies or fines. Failure to adhere to the demands of the land grabbers in most cases result to the destruction any development on the land, or prevention of the land owner from taking possession.

In a bid to curb the unscrupulous activities of the Land grabbers in Lagos State, the Lagos State government recently signed into Law, a Law to prohibit forceful entry and illegal occupation of landed properties, as well as violent and fraudulent conducts in relation to landed properties in Lagos State. This new Law, known as the Lagos State Property Protection Law 2016 protects the proprietary rights of Land and Property owners in Lagos State and also criminalizes actions of forceful and unlawful entry or occupation of premises. Some of the key provisions the widely applauded Law are provided below:

Section 2 of the Law prohibits the use of force, threats or self-help to take over any landed property, or engage in any act inconsistent with the proprietary right of the owner. Additionally, persons who have used force to take over the property of another and remains in possession after the commencement of the Law shall be held to have committed an offence and liable to ten (10) years imprisonment.

Under Section 3 any person who without lawful authority, for himself or another, uses or threatens violence for the purpose of securing entry into any landed property commits an offence, notwithstanding whether the person using or threatening the use of force has a right over that property. Any offender under this section is liable to imprisonment for a term of 10 (ten) years.

Section 4 provides that any person who occupies a property as an encroacher and fails to leave the property upon a request by the owner, commits an offence punishable upon conviction with a fine not exceeding five million Naira or 5 (five) years’ imprisonment, or both. More importantly, Section 8 criminalizes any offer by any person to sell a property for which he has no lawful title or the requisite authority to sell. The same section also prohibits the sale or offer for sale of land that has been previously sold, without a court judgment repudiating the earlier sale. Any person found guilty of this offence is liable to pay a fine prescribed under the Law, or imprisonment or both, and the property resold to another shall revert to the lawful owner. Additionally, this section prohibits the sale of family land without the consent of the family head and other accredited members of the family; and the sale of government land or property without the consent or authority of the State.

Whilst the above represents only a fraction of the Law, it is important to note that this Law applies to the whole of Lagos State, unlike most Lagos State Property Laws limited to specific parts of the State.

The Lagos State Property Protection Law has been widely applauded as it has the potential to boost property transactions in Lagos State. However, it is pertinent to state that the essence of this Law will be defeated if the Lagos state government fails to proactively enforce it. An example that comes to mind is the Lagos Tenancy Law of 2011 which, amongst other things, prohibits landlords from demanding from a new or sitting tenant rent in excess of one year. Till date, the said Tenancy Law is openly and widely flouted and there has not been any reported case of prosecution and conviction of offenders under the Law. That said, in view of the promising nature of this Law, efforts must be made to ensure that the Law is enforced, the offenders are duly prosecuted, as this will greatly encourage real estate investment in Nigeria.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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The Economic and Financial Crimes Commission has seized some properties said to belong to Governor Ayodele Fayose of Ekiti State, Punch newspapers reports.

It was learnt that the properties located in the highbrow areas of Lagos and Abuja were seized as part of investigations into the N1.219bn the governor allegedly received from the Office of the National Security Adviser when Col. Sambo Dasuki (rtd) held sway as well as some kickbacks he (Fayose) allegedly received from the Ekiti State Government contractors.

According to investigators, the seized houses belonging to Fayose were allegedly purchased with stolen funds and the EFCC invoked the Assets Forfeiture clause to seize the properties in line with Sections 28 and 34 of the EFCC (Establishment Act) 2004 and Section 13(1) of the Federal High Court Act, 2004.

The seizure came less than a month after the governor’s three Zenith Bank accounts were frozen by the anti-graft agency.

A visit to two of the properties on 32 Yedseram Street and 44 Osun River Crescent, Maitama, Abuja, observed the inscriptions ‘EFCC, Keep Off’ on the fences.

According to court documents filed by the EFCC, the property on Osun River Crescent was bought by Fayose in the name of his London-based sister, Mrs. Moji Ladeji.

The governor reportedly pulled down the structure of one of the Abuja properties and started building a new one.

The two properties, which are uncompleted buildings, were said to be worth over N470m.

According to Punch, the properties in Lagos were four duplexes located at Plot 100 Tiamiyu Savage Street, Victoria Island. The four duplexes cost $1.3m (N364m) each.

They were allegedly bought through a company, JJ Technical.

The EFCC had in a 10-paragraph counter-affidavit deposed to by Tosin Owobo accused Fayose of using the proceeds of crime to purchase properties.

The affidavit read in part, “Apart from fraudulently retaining the sum of N1, 219,490,000 being part of the N4, 745,000,000 stolen from the treasury of the Federal Government through the Office of the National Security Adviser, the applicant (Fayose) has also received gratification in form of kickbacks from various contractors with the Ekiti State Government such as Samchese Nigeria Ltd, Tender Branch Concept Nig. Ltd, Hoff Concept Ltd and Calibre Consulting Ltd.

“The applicant (Fayose) received these kickbacks and gratification through Still Earth Ltd and Signachorr Nigeria Limited. In turn, the applicant (Fayose) instructed the Still Earth Ltd and Signachoor Nigeria Limited to use the funds to acquire properties for him.

“In complying with the applicant’s instruction, Still Earth Limited and Signachoor Nigeria Limited acquired properties on behalf of the applicant (Fayose) in the name of a company known as J.J Technical Services Limited belonging to the applicant (Fayose) and his wife (Feyisetan).

“That the applicant (Fayose) also used the name of one Mrs. Moji Ladeji (the applicant’s sister) to acquire a property situated at 44, Osun Crescent, Maitama Abuja, from the proceeds of the alleged offences of receiving gratification and kickbacks.”

In his reaction, however, Fayose said all properties linked to him were not bought with stolen funds.

In a statement by his Special Assistant on Public Communications and New Media, Lere Olayinka, the governor said any property that might be linked to him or his company was “bought legitimately and his properties were duly declared in his assets declaration form and sources of such funds were not illicit.”

He said since the money he got for his election was from legitimate sources and not from the ONSA, “how the money was spent remained his own business and not that of anyone.”

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Renovation & Equipment of Healthcare Facilities at Adeniyi Jones, Ikeja Lagos.

N400M acquired March 6-Aprill 30, 2014.

Property of Sinari Daranjiro, Victoria Island Lagos cost – N1.5B.

Property at River Street, Wuse II Abuja cost – N500M.

Property at Sait Lake Street, Maitama, Abuja cost  – N440M.

Lake Chad Street, Maitama, Abuja cost – N240M.

Property at Bourdilon, Ikoyi, Lagos cost – N900M.

Cappadol mall, Adetokunbo Ademola Street, Wuse II Abuja cost – N750M.

Property at Agobogba Street Parkview, Ikoyi  lagos cost –  N1.7B.

Property at Agadez Street, off Aminu Kano Cresent, Abuja cost – N720M.

Property at Tenterden Grove and Shirehall Park, London, UK cost

N600M acquired July 17 – September 16, 2014.

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The Commissioner for Finance, Dr. Mustapha Akinkunmi who stated this at a press briefing in Lagos said the Land Use Charge was established by Law No 11 in 2001 in order to have a harmonious collection of property tax in the state.

He said property owners were expected to pay the charge annually,but lamented that property owners have not been complying in the payment of thir charges.

The commissioner disclosed that the stat government realised N7.1 billion in 2014 and N6.0 billion in 2015 as LUC, adding that government officials had started distributing the bills to property owners.

“Payment are expected to be made within 30 days from the date of bill delivery. Failure to do this means penalties begin to accrue from the 45th day after bill deliver and rise further afterwards. It is therefore in citizens interest to pay as soon as bills are delivered.

“Payment of Land Use Charge is a requirement of law and property tax defaulters will have their properties sealed and are liable to be prosecuted in court,” he said.

Akinkunmi warned against abuse or harassment of government official by the residents in the course of carrying out their duties, saying that the full wrath of the law will be invoked on any resident who assaulted a Lagos State official in this regard.

“If a resident suspect that a person is impersonating a Lagos State official, please report them to the office Finance, Ministry of Finance or to the police,” he said, urging residents who had newly acquired properties to upgrade their records at the local Land Use Charge offices in the state.

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By definition, public properties are amenities and infrastructure put in place by the government for the common good. These infrastructure are symbolic of the social contract government has entered into with the citizens. In plain language, public properties belong to the people or a community. The people are expected to take ownership of them.

Unfortunately, this is not the case in our clime. It is ironical that Nigerians see public properties as belonging to the people in government. Citizens do not realise that the amenities are procured and put in place with their hard earned money which they have contributed as taxes to the government. To underscore this ignorance, these public utilities often become the first target of destruction in times of crisis. In the process, public buildings, street lights, parks, roads are vandalised. It is the same ignorance that drives the vandalism of national assets like pipelines.

I have always considered such actions as akin to cutting one’s nose to spite one’s face. In the estimation of vandals, they think they are hurting the government. In truth, we are all victims of their ignorance. The wide gap between the government and the people has created a distrust which fuels vandalism. This gap has bred the “they vs us” mentality that is at the heart of the ills that bedevil our country today. That is why a vandal will break a pipeline to siphon fuel. It is the same reason a citizen will damage power grid to steal cables meant to provide street lights for his neighbourhood because they think such amenities are government properties.

In the mind of these vandals, they are getting back their “share” of the national cake. They do not see the link between their tax and the public property. The destruction and wilful damage to public utilities which amount to sabotage must henceforth be viewed seriously. This destruction ranges from just knocking down a street light to vandalising a power plant. These unwholesome practices by a few unscrupulous Nigerians are at the heart of our underdevelopment as a nation.

In Lagos, I have seen this happen frequently and without a deterrent. Even when these acts of destruction are reported in the media, the reports reinforce the stereotype that the damaged or vandalised infrastructure belong to the government. For example, the alleged Lagos cable thief was said to have been caught with “Ambode street light project cable.” An impression was created that the stolen cables belonged to Governor Akinwumi Ambode. Obviously, there is the need to create awareness for Nigerians to know that these amenities belong to them. Apart from the damage being done to the government-funded infrastructure like pipelines, bridge railings and power grid, I have seen how in Lagos, public properties funded with taxpayers’ money are being damaged with impunity. One is mostly alarmed at the rate street light poles are being knocked down by reckless drivers with the culprits often getting away with such destruction.

Even the roads are being vandalised. In many cases, telecommunications companies and individuals cause damage to roads when laying optic fibre cables. In many cases, they never bother to repair the damage caused when they dig up the roads. While the people need to understand that these utilities are put in place for their own good, the government must be resolute in enforcing the laws that protect our national assets. As seen below, the law views vandalism seriously.

Under the miscellaneous provision of the Criminal Code entitled, “Wilful destruction of public property”, the law states that “any person who unlawfully or with intent to destroy or damage any public property removes, defaces or damages any public property shall be guilty of an offence and liable on conviction. “If the property in question is a railway line, electric power line, telephone line or a demarcation line on a public highway and the property is damaged or rendered dangerous, impassable or non-functional, to imprisonment for a term not exceeding 21 years without the option of a fine.”

Under the destruction of highway, the law also warns that “Any person, who for any purpose whatsoever, wilfully, unlawfully or maliciously causes any damage or authorises any damage to any highway and fails, refuses or neglects to repair such highway on completion of any work, if any, thereon; or (b) destroys, removes or damages any guard rail or other structure on any highway, shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding 10 years without the option of a fine.”

Under the provision for damage done to or tampering with electric fittings, among others, Section 10 states that “any person who unlawfully disconnects, removes, damages, tampers, meddles with or in any way whatsoever interferes with any electric fittings, meters or other appliances used for generating, transforming, converting, conveyancing, supplying or selling electricity shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding 21 years.”

From the above, one can see the position of the law is stringent on destruction of public properties. The implication of the crime is clear. We all suffer when gas pipelines are breached or when disruption is caused to oil pipelines or when power grid is sabotaged. In other countries, these are crimes that attract maximum sentences. Government must apply the laws to serve as a deterrent to the few Nigerians whose pre-occupation is to put the entire population in grief.

Most importantly, there is the need to create public awareness for Nigerians to take ownership of public properties in their domain. The message should be clear enough to drive home the implication of vandalising the infrastructure. By so doing, the people will protect or apprehend vandals when they attempt to damage or steal what belongs to the people. The civil society, National Orientation Agency and traditional institutions have a role to play in this regard. Beyond enforcing the law, there is also a need to address the growing poverty that makes Nigerians resort to desperate measures and self-help. The gap has created a situation where people see the government and everything connected to it as the enem. Bridging the gap will build trust. There must also be a hotline where people can report cases of vandalism wherever and whenever they occur. This will help the police and concerned agencies track and apprehend such vandals.

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