Nigeria’s Land Use Act and Three Things that can Help Safeguard your Home from Demolition

Richard owned two buildings in the Iddo area of Abuja. He told Dataphyte that he bought the land from indigenes of the area and was given original documents by the sellers but his two houses were demolished by the Federal Capital Territory Housing Authority in 2021. He had occupied the land for ten years and built houses on it before the demolition.

Richard is not the only person whose house has been demolished in the country in recent times. Government infrastructure projects like road construction or expansion, construction of rail lines etc. are often accompanied with demolition of structures on the land space earmarked for such projects.

In 2019, it was reported that 30 houses were demolished in the Mpape community in Nigeria’s Federal Capital Territory. In August 2021, houses were also destroyed in the Iddo area of Abuja for violation of the capital city’s master plan.

The Public Complaints Commission had asked the Abuja administration to cease pulling down houses pending a review of complaints brought to it by the Coalition of FCT Indigenous Associations, which bordered on alleged indiscriminate demolition and unjust intimidation by the FCT Administration.

The demolition of houses is not restricted to Abuja alone. In Kaduna, the state noted that it removed 160 houses from the Grace land area.

In November 2021, officials of the Federal Housing Authority in Lagos were reported to have  demolished some buildings at Abule Ado.

What does the Law say on Demolition and Compensation for Land Owners?

The provisions of the Land Use Act 1978 vested the control of the land on the State.

The Act further noted that there shall be a “Land Advisory Allocation Committee” at the Local government level. The state governor also has the right to grant a Certificate of Occupancy to a person. A rental renewal period is also stated on the certificate.

A Certificate of Occupancy is a document issued by state governments to landowners and property buyers as proof of legitimate ownership.

It is also legal for the local government to grant in respect of Land, not in urban areas customary rights of occupancy for residential and agricultural purposes.

Anyone under twenty-one years of age is not entitled to a Certificate of Occupancy, according to the Land Use Decree.

The Act further stated that Local governments shall have exclusive rights to land occupied by all persons except the governor.

Section 50 (1) of the Act, makes provision for ‘Customary Right of Occupancy’ which entails the ‘Right of a Person or Community lawfully using or occupying land in accordance with customary law and includes a customary right of occupancy”.

However, in a case where the land allocated is revoked, the occupier shall be entitled to compensation for the value at the date of the revocation of their unexhausted improvements.

The provision further states that if the local government fails to pay compensation at a reasonable time, the state governor can order the payment of the compensation.

A certificate of occupancy can also be revoked for overriding public interest, for public use within the state, or the requirement of the land by the Federal government for public use within the federation.

Compensation for such revocations was stated as an amount equal to the rent the occupier paid during the year in which the right of occupancy was revoked as well as the assessed cost of buildings, installations, or improvements on the land.

The Act further noted that in the case of revocation of the right to occupancy, there can be the provision of alternative accommodation.

Section 44 of the 1999 constitution also makes provisions for compensation for taking over properties compulsorily.

Why Houses Are Demolished- Authorities

An official of the Federal Housing Authority who sought anonymity noted that many Nigerians buy lands and build houses illegally. 

Dataphyte gathered that the Federal Housing Authority for instance gets Certificate of Occupancy records on lands from state governments and the Federal Capital Territory as the representative of the government. 

According to him, it is possible that people buy illegal lands already acquired by the housing authority and when it is time to use the land, authorities that have powers of title would usually take control of such lands leading to the demolition of houses. It was also gathered that the processes of constructing a building such as design, approval on standards are most times issues of concern.

A spokesperson for the Federal Capital Territory Authority, Elizabeth Anoja, told Dataphyte that some landowners get such lands illegally which disqualifies them from compensation.

 Citing the example of the houses demolished in Mpape, she noted that lands bought directly from indigenes are illegally purchased and do not have original certificates of occupancy, houses built on those types of lands are also illegal,

She further noted that, in some instances, the houses are built on lands which the government intends for certain projects and when it is time for the projects to be done, the houses will be demolished.

Those who have genuine Certificates of Occupancy and get their land through appropriate channels are ‘usually’ compensated by the government while noting that the government is working on partnering with indigenes to ensure that issues of land acquisition through the indigenes gets a legal face.

The Assistant  Director, Public Affairs, at the Ministry of  Physical Planning and Urban Development in Lagos, Mukaila Sanusi, told Dataphyte that such demolitions at times come as a result of the need for developmental use and purposes.

Another respondent from the Kaduna State Development and Property Agency who requested anonymity told Dataphyte that reasons for demolishing houses are usually illegal acquisition of lands.

It was further noted that in instances where lands that the agency has the titles to become occupied, the agency tries to verify where such land occupant got certification including if the person has all required documents. If full certificates are obtained, it was stated that such occupant will be compensated. 

There are reports that the Kaduna state government has ordered landowners to recertify, so as to avoid issues of land ownership clash in the state.

Even when compensation is due, there have been reports of non-payment of these compensations.

Nigeria’s Ministry of Works and Housing noted that delay in payment of compensation, the cost of obtaining a Certificate of Occupancy, Consents to Mortgage are among key issues faced.

Nigeria may not also have fully aligned the provisions of the customary law to its land-use system, especially with section 50 (1) (the right of a person or community lawfully using or occupying land in accordance with customary law and includes a customary right of occupancy granted by a local government under this Decree”. The customary system consists of Kings, Chiefs, and other custodians who are mostly indigenes and sometimes the houses built by indegene sellers on or around the same land as buyers are not demolished while the buyer’s house is.

Although Nigeria’s Land Use Act 1978 has been the subject of  argument on the need for review, it is still the legal document that currently guides land use in Nigeria and so needs to be optimized for efficiency.

The issue of resale of already sold land even by legal authorities is another problem which underscores the lack of data that plagues the country as a whole. Who has and keeps a registry of land sales in the country and across states and local governments? Have these registries been digitized?

Some states have land registry portals, for instance, there is a Directorate of  Land Registry in Lagos state responsible for recording all land transactions in the state, Ogun state also has a Bureau for Lands and Survey. Osun state has the Ministry of Physical Planning and Urban development that maintains a Land Portfolio. 

Effectiveness of Land Use Act, Customary Land Ownership, Land Data Among Issues That May Need Addressing

Dataphyte’s Post Oil Economy advisory had noted that the housing sector is a way for Nigeria to develop its economy.

With the huge potentials of the Housing sector to drive economic development, it may be important for Nigeria’s housing policies to be harmonized and identified loopholes should be closed as a way to reduce or stop the illegal acquisition of lands and help citizens acquire lands appropriately.

The continued demolition of houses is widening Nigeria’s housing gap and the provisions made in the National Development Plan of Nigeria to ensure the provision of  one million houses every year up to 2025, may no longer be sufficient to  fill the housing gap of the country.

The National Development Plan of Nigeria includes plans to ensure the provision of one million houses yearly up to 2025, as an attempt to fill the housing gap of the country.

Three Easy Steps to Avoid Demolition or at least get Compensation

Here is an advisory on how to make sure your house does not get demolished and even if it is that you get compensation:

• Buy your land from the government (local government or State government) because indigenes are not authorized to legally sell lands on behalf of the government.

• Get all your certifications including Certificate of Occupancy from the government and pay land dues 

• Ensure that your house design is approved by the government, so as to fit into your home location’s masterplan.

If you do these three things, even when your house needs to be demolished for government use, you will be entitled to compensation and can seek justice in the courts where such compensation is denied.