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INSIGHTS

R eal E s t at e
October, 2016

LAGOS STATE PROPERTIES PROTECTION LAW, 2016: AN


END TO THE LAND GRABBERS MENACE?
Taiwo Adeshina | Kingsley Opia-Enwemuche | Odunayo Ayorinde

The Land Title Regime control over the tenants’ land or alienate
the same outrightly.
Title to land and land tenure in Nigeria is
principally governed by the Land Use Act Although the LUA altered the traditional
1
(“LUA”). The LUA was enacted in 1978 land tenure system and transferred title
and it vests all lands in every State of the and trusteeship in the land from the
Federation in the State Governors who families and the communities to the State
should hold such land in trust for Governor, over time purchasers have had
Nigerians. Under the LUA, the Governor is to part with some form of payment to the
responsible for allocating land in urban previous land owning families in order to
areas to individual resident in the State erect structures (of any kind) on the land
and to organisations for residential, and/or enjoy peaceful possession of the
agriculture, commercial and other same. It has unfortunately become an
2
purposes. Further to State Governments unwritten law for land purchasers to first
proprietary rights over ‘settle’ these land grabbers
land, the Governors have The new Lagos State Properties before any work can commence
enacted various laws to Protection Law, 2016 (the “Law”) on the land.
regulate the acquisition criminalizes unwholesome practices
in real estate transactions and
and disposal of land within entrenches best practices. The land grabbers (a.k.a. ‘omo-
3
their respective states. onile’) are known to demand
This review analyses the Law and
some form of fees sometimes
considers the extent to which the
The ‘Omo Onile’ Menace Law has put to rest the much dreaded referred to as the ‘son-of-the-
‘omo onile’ menace. soil fees’ from Purchasers and
Before the enactment of threaten their continued
the LUA, control over some land was enjoyment of the property should they fail
subject to customary land law and vested to comply. These fees are typically
in some land owning families, or in the demanded at different stages of the
community as a whole. Thus, the practice development of the property such as when
in certain quarters was for the land the purchaser is erecting the perimeter
owning families or traditional rulers to fence, laying the foundation of the
either lease the same under a tenancy property, concrete decking, roofing etc.
system while still maintaining/exercising Without these payments, the purchaser
and/or his construction workers are
1
subjected to threats of physical violence
Cap. L5 Laws of the Federation of Nigeria 2004
2 Preamble of the LUA. Similar powers with respect to non urban and there have been a number of cases
areas are conferred on Local Governments. Although in practice,
the Governor also exercises such powers on lands in non-urban where citizens have been maimed or
areas.
3For example, Lagos State enacted the following: Lagos State killed. In some cases, plots of lands are
Properties Protection Law; Lagos State Land Registration Law;
Stamp Duties Law; Lagos State Acquisition of Lands by Aliens Law;
soldNEWSLETTER
GCOM to several purchasers
SEPTEMBER 8, 2016 | with forged www.jac
Land Use Charge Law; Administration of Abandoned Property Law, title documents and the sellers
Administration of Estates Law; Determination of Certain Interest in
Lands Law; Lagos State Agricultural Land Holdings Authority Law;
Mortgage and Property Law, e.t.c.
(purportedly from the land owning punishment of N5,000,000 fine or 5 years’
families) disappear into thin air. imprisonment or both.7

The Statutory Intervention Also, the Law prohibits the offer of sale
and/or actual sale of landed property
On 15th August, 2016, the Governor without legal authorization and prescribes
Akinwunmi Ambode signed into law the a punishment of N500,000 fine or 6
Lagos State Properties Protection Law, months’ imprisonment for offer of sale
2016 (the “Law”). The Law prohibits and a fine equal to 100% of the value of
forceful entry and illegal occupation of the property or 5 years’ imprisonment or
landed properties, violent and fraudulent both for actual sale of the said property.
conducts in relation to landed properties In the same breadth, the Law prohibits
in Lagos State and for connected selling family property or government land
purposes. The Law seeks to criminalize without rightful authorization and
the ‘omo-onile’ menace and check a prescribes a punishment of 21 years’
number of unwholesome practices in land- imprisonment; and criminalizes the
related transactions. In particular, the demand for a fee or levy in respect of
Law identifies a number of activities construction activities on a property which
carried out by the ‘omo onile’, is punishable with a fine of N1,000,000 or
criminalizes the same and prescribes 2 years’ imprisonment or both.
punishments for each.
Professionals and third parties who aid the
Under the Law, forceful takeover or self- ‘omo onile’ are not exempted. Under the
help (including recovery of premises)4 in Law, any professional who facilitates a
respect of landed property is punishable contractual agreement which is in
with 10 years’ imprisonment5 and these contravention of the Law shall be liable to
include the use of Vigilante group, ethnic, prosecution and upon conviction reported
cultural/traditional militia in the to the relevant professional body.
execution of a court judgment in respect
of landed property and/or use of violence Perhaps one of the most important
by a person without lawful authority for provisions of the Law is the prohibition of
the purpose of securing entry into landed the sale of land without proper authority.
property. Forceful entry into land with the As indicated earlier, under this Law, the
use of extraneous weapons such as sale of family land or any part of it
firearms, chemical materials, e.t.c. or without the consent or authority of the
being in the company of persons so armed family head and other accredited
and/or wounding or using violence on any members of the family; the sale of a
person attract 4 years’ imprisonment;6 Government land without the consent or
illegal occupation of property or authority of the State; and sale of land
encroachment which may be direct or that has been previously sold (without a
indirect (where title/license is derived court judgment repudiating the earlier
from an encroacher) attracts a sale) attracts a punishment of 21 years’
imprisonment.8 By implication, it would
appear that lawyers to vendors of land
now have an obligation to ensure that
4
Section 2(2) of the Law
5
Section 2(3); and 3(4)(a) of the Law 7 Section 4 of the Law
8
6 Section 3(4)(b) of the Law Section 8(2) – (4) of the Law

INSIGHTS | REAL ESTATE OCTOBER, 2016 | www.jacksonettiandedu.com


their clients have authority to alienate the define the limit and extent of a
subject land unlike in the past where it is foundation levy, is it possible that this
the sole obligation of buyers’ solicitor to provision may be exploited to enlarge fees
check veracity of vendors’ title and their payable to omo oniles under the guise of
capacity and authority to sell. foundation levy? Will it still be criminal, if
in the bid of enforcing the payment of the
In order to ensure its enforcement, the foundation levy, the agents of a land
Law creates a Task Force Unit (the owning family obstruct work at any land
“Force”) and vests the same with the by the use of force, threat or arms? It is
power to arrest. The Lagos State critical that these issues are addressed
Government has since constituted the otherwise, the Law would become another
Force and published contact details of the piece of legislation without effect.
Force to enable members of the public
have access to them.
Talk to Us

The expectation is that the penalty


If you have questions or require further information
prescribed under the Law for various
and clarification please contact:
unwholesome land practices backed with
diligent enforcement of the Law by the Taiwo Adeshina |Partner
Force and other law enforcement agents taiwoadeshina@jacksonettiandedu.com
combined with thorough prosecution of Kingsley Opia-Enwemuche | Senior Associate
the offenders would bring about the much kingsleyopia-enwemuche@jacksonettiandedu.com
anticipated sanity and certainty expected
in land transactions situated in an
emerging mega city like Lagos. RCO Court
3-5 Sinari Daranijo Street
An End in Sight? Victoria Island, Lagos Nigeria
Tel: 234-1-7736361, 4626841-3
Fax: 234-1-2717889
Will the Law put an end to or significantly www.jacksonettiandedu.com
reduce the ‘omo onile’ menace? Probably
not. The Law allows “… land owning
families under the authorization of the
family head to demand for the customary
fee for possession (in the name of
foundation levy) from buyers ….”9

In essence, the Law whilst seeking to


criminalize unwholesome land practices
preserves the payment of customary fee
for possession (foundation levy). Is it the
intention of the draftsmen that foundation
levy (one of the heads of payment
frequently demanded by omo oniles) is
sacrosanct even when the land owning
family has outrightly assigned the land to
the purchaser? As the Law does not
9
Section 11(1) of the Law

INSIGHTS | REAL ESTATE OCTOBER, 2016 | www.jacksonettiandedu.com

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