Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Vanguard, THURSDAY, SEPTEMBER 12, 2019 — 29<br />
Insecurity of land title in Lagos: Suggestions for reforms<br />
By Gbenga Ojo<br />
PRESENTLY,<br />
land<br />
transaction in Lagos<br />
state is chaotic. Lawlessness,<br />
violence, murder, arson,<br />
wanton destruction of<br />
properties are regular<br />
fallouts of dispute arising<br />
from land transactions. This<br />
is as a result of multiple<br />
sales of land to different<br />
purchasers by the land<br />
owning families. In most<br />
cases, the buyer purchases<br />
law suits and litigations while<br />
the families smile to the bank.<br />
Central to all these are the<br />
Omo oniles, the<br />
unscrupulous members of<br />
land owning families, land<br />
agents and mercenaries<br />
called land grabbers.<br />
There are other instances<br />
where a bona fide purchaser<br />
of legal estate would lose his<br />
land after several years<br />
because the party that sold<br />
the land to him did so when<br />
there was pending litigation<br />
over the land and the party<br />
has been adjudged as a<br />
trespasser. Meanwhile, no<br />
amount of due diligence<br />
would reveal the pendency of<br />
the suit. There is also the<br />
problem of acquisition of title<br />
to land by adverse<br />
possession. By adverse<br />
possession, a trespasser/<br />
squatter on account of being<br />
in possession of the land for<br />
12 years without the consent<br />
Nigeria must act now to counter S-Africa<br />
Continued from page 28<br />
paying<br />
adequate<br />
compensation to the victims<br />
and giving firm assurance of<br />
non-repetition. Nigerian<br />
government must engage the<br />
Assembly of Heads of State<br />
and Government of the Africa<br />
Union, and the General<br />
Assembly and Security<br />
Council of the United Nations<br />
for a community action against<br />
South Africa to bring to a<br />
permanent stop the recurring<br />
epidemic of xenophobic<br />
attacks in that country.<br />
In the final analysis, it is<br />
refreshing to see how Nigeria<br />
is united with one voice in<br />
condemning the attacks<br />
against Nigerians in South<br />
Africa. But what calls for<br />
serious reflection is what<br />
value the Nigerian<br />
government places on the<br />
lives of the citizens, what with<br />
the rampant killings in the<br />
country by Fulani herdsmen,<br />
the Boko Haram, armed<br />
robbers and kidnappers,<br />
which have so far remained<br />
EDITORIAL<br />
Innocent Anaba<br />
( Editor)<br />
Ikechukwu Nnochiri<br />
Henry Ojelu,<br />
Onozure Dania<br />
of the real owner, would have<br />
his trespass turn to<br />
ownership of the land and<br />
the title of the real owner<br />
extinguished. This is<br />
legislative endorsement of<br />
land theft.<br />
The Lagos state<br />
government has been very<br />
responsive in a bid solve the<br />
problems with various<br />
legislations like Land<br />
Registration Law of 2015 and<br />
Property Law of 2016<br />
popularly called Land<br />
Grabbers Law. But even the<br />
promulgation of Land Use<br />
Act with its high expectations<br />
also failed to achieve the<br />
desired result. All these laws<br />
are merely palliative; they<br />
treat the cause and not the<br />
effect. This is because<br />
notwithstanding all the laws,<br />
the problems of insecurity of<br />
title to land remain prevalent<br />
in the state.<br />
The situation under<br />
customary law<br />
The hallmark of good<br />
management and<br />
administration of land<br />
tenure system is simple,<br />
cheap and systemic<br />
acquisition of good title and<br />
disposition of the land devoid<br />
of controversies or<br />
litigations. This cannot be<br />
said of acquisition of title to<br />
land particularly in the<br />
Lagos state and by extension<br />
intractable by the entire<br />
security apparatus of the<br />
country. People are<br />
murdered virtually on daily<br />
basis in very gruesome<br />
manners, yet there is no<br />
serious effort by the<br />
government to prevent such<br />
attacks or protect the lives<br />
and properties of citizens. If<br />
Nigerian government cannot<br />
protect its citizens and show<br />
that it places very high<br />
premium on the life of every<br />
Nigerian, it would savour of<br />
hypocrisy to expect the<br />
government a foreign<br />
country to place such<br />
premium on the lives of<br />
Nigerians and thus go out of<br />
its way to protect Nigerians<br />
against attacks in foreign<br />
land. Also, the endeavour to<br />
bring back Nigerians in South<br />
Africa, while in itself<br />
laudable, raises the question<br />
whether the government has<br />
made<br />
deliberate<br />
arrangements to rehabilitate<br />
such persons and not just to<br />
leave them economically<br />
stranded upon return to<br />
Nigeria. The nightmarish<br />
experience of Nigerians in the<br />
hands of South Africans<br />
should be a wakeup call to<br />
Nigerian government on the<br />
need to genuinely commit<br />
itself to abatingthe reign of<br />
corruption and impunity in<br />
Nigeria and, make a singleminded<br />
devotion to good<br />
governance that would yield<br />
tangible democratic<br />
dividends to citizens. This<br />
will discourage the exodus of<br />
Nigerians to foreign<br />
*Gbenga Ojo<br />
in southern states of Nigeria.<br />
Land in Lagos State is<br />
generally held under the<br />
customary laws. The<br />
important characteristic of<br />
customary land holding is<br />
that land belongs to the<br />
community, the family,<br />
relatively and in recent<br />
times, to individuals. To<br />
acquire title to land under<br />
the customary laws, there are<br />
requirements of obtaining<br />
multiple consents. This means<br />
the consent of the head of the<br />
countries in search of greener<br />
pastures where they suffer all<br />
manner of indignities, and<br />
usually end up in the wrong<br />
arm of the law in their<br />
desperate effort to eke out a<br />
living. This however, does not<br />
by any means justify<br />
Nigerians who out of greed<br />
and inordinate desire to<br />
amass sudden wealth join the<br />
fast lane of criminal activities<br />
in foreign countries. Nigerian<br />
youths must embrace the<br />
orientation of hard work and<br />
delayed gratification, and if<br />
resident in foreign lands must<br />
eschew criminality and<br />
commit themselves to<br />
legitimate endeavours,<br />
working hard to earn their<br />
living and comport<br />
themselves as good<br />
ambassadors of the country –<br />
always projecting a very<br />
respectable image of Nigeria.<br />
Francis Moneke, Executive<br />
Director, Human Rights &<br />
Empowerment Project Ltd/Gte<br />
The hallmark of<br />
good management<br />
and administration<br />
of land tenure<br />
system is simple,<br />
cheap and systemic<br />
acquisition of good<br />
title and disposition<br />
of the land devoid of<br />
controversies or<br />
litigations<br />
family or community as well<br />
as the consents of the<br />
majority of the principal<br />
members of the family or<br />
community. The multiple<br />
consents have been turned<br />
into an engine of fraud.<br />
Central to the sales are the<br />
notorious land speculators.<br />
The sales of land under<br />
customary law are informal.<br />
No documentation of the title<br />
of the family or community is<br />
required. So, in most cases,<br />
with the connivance of the<br />
land speculators, the buyers<br />
buy the land either without<br />
the consent of the head of the<br />
family or community or<br />
without the consent of the<br />
principal members. In both<br />
cases, the buyers have<br />
bought nothing but litigation.<br />
Lis pendens<br />
While the search for<br />
guaranteed good title to land<br />
continues, there is another<br />
problem of equal proportion<br />
constituting a stumbling<br />
block on acquisition of title to<br />
land in Nigeria. This is<br />
caused by the doctrine of lis<br />
pendens. While a case on<br />
title to land is pending in<br />
court, one of the parties, to<br />
cut his loss{es} would sell<br />
the land to unsuspecting<br />
innocent buyers, who cannot,<br />
no matter the level of the<br />
investigation of title to land<br />
discover that there was a<br />
pending court case on the<br />
land. The buyer or buyers<br />
meanwhile, ignorant of the<br />
pending law suit, would<br />
have invested a lot of money<br />
on the development of the<br />
land. The fortunes or gains<br />
of the purchaser of such land<br />
will be dictated or<br />
determined by the result or<br />
outcome of the litigation.<br />
The buyer or buyer{s}<br />
would get to know about his<br />
misfortune, several years<br />
after, when the judgment<br />
creditors come calling with<br />
the officers of the court to<br />
enforce the judgment by<br />
wrestling from him under the<br />
compulsion of law vacant<br />
possession of the property<br />
that has served as his home<br />
for several years. It does not<br />
matter that in between, he<br />
has obtained a certificate of<br />
occupancy over the land from<br />
the government. Ironically,<br />
one arm of government gives<br />
him a certificate of occupancy<br />
while another arm of<br />
government dislodges the<br />
purchaser from the property<br />
notwithstanding the<br />
certificate of occupancy.<br />
It becomes more<br />
complicated, where the<br />
buyers have mortgaged the<br />
land to a bank using the<br />
certificates of occupancy as<br />
security for the lending. This<br />
is becoming rampant in<br />
Lagos state in particular. The<br />
best practices in other<br />
jurisdiction like England,<br />
India and other countries is<br />
statutory modification of the<br />
raw doctrine of lis pendens.<br />
In all these countries,<br />
pending litigation over title<br />
to land are made registrable,<br />
The registration is<br />
mandatory. The registration<br />
will serve as notice to the<br />
public. Apart from searching<br />
for title at the Land Bureau<br />
or the office of Surveyor<br />
General, the prospective<br />
buyer will also search at the<br />
Lis Pendens Registration to<br />
find out, if there is any<br />
pending case or litigation on<br />
the land. With deployment of<br />
ICT, the searches can be<br />
done on line with money<br />
paid to the government.<br />
It serves two purposes.<br />
Generate revenue for the<br />
government and also helps to<br />
reduce insecurity of title to<br />
land in the state. I have done<br />
a lot of academic work/<br />
researches in this area. I<br />
have published two papers<br />
on this. I titled one Lis<br />
Pendens and insecurity of<br />
title to land in Nigeria. I can<br />
proudly say with all sense of<br />
modesty that “Lis Pendens”<br />
is my baby. I am willing even<br />
pro bono to assist the<br />
government with the<br />
implementation of lis<br />
pendens in Lagos State.