FG, states clash over implementation of Land Use Act

….as Lagos, Oyo challenge federal authority 

The land Use Degree of 1978 enacted by the military government of the then Military Head of State of General Olusegun Obasanjo, which has been domesticated into the constitution as the Land Use Act, is now as source of crisis between the states and the Federal government of Nigeria. In recent time, states and federal government have fought over control of certain land acquired by the federal government in the states.

The Act, which was promulgated to solve issues arising from land acquisitions in all parts of the country was aimed at putting the control of lands in a unitary system that would stem waves of crimes and other issues associated with land matters across the country.

But rather than solving the problem of land, which it was designed for, it has been creating numerous problems between the the states and the Federal government.

The Act vests control of land in the governor of the state. But recently, some states such as Lagos and Oyo, are having issues over the acquisition and control of Lagos.

Section 5 (1) of and 2, 22 and 28 of the Act as of today, gives the state governors the legal backing to grant statutory rights of occupancy, while section 28 (1) gives the powers to the governor to revoke a right of occupancy to any person.

With this power, which the Federal government relinquished to the states, states now see themselves as even above the Federal government over land matters and as such, the actions of the governors, which lately have become worrisome and bordering on impunity without any regards to the other provisions of the Act, concerning Federal Government’s interests and concerns over land issues.

Legal Lacunae

A legal luminary, Ikechukwu James Orji, who delved into the matter during a paper he wrote recently argued that

“it is important to stress for emphasis that the only exceptions to the vesting in the Governor and of control and management by him are those lands excluded under sections 22 and 49(1) of the Act.

He further argued “Section 51(2) of the Act went further to state that, “The powers of a Governor under this Act shall, in respect of land comprised in the Federal Capital Territory or any land held or vested in the Federal Government in any State, be exercisable by the Head of the Federal Military Government or any Federal Commissioner designated by him in that behalf and references in this Act to Governor shall be construed accordingly.”

Barrister James Orji emphasised that “combined reading of the above authorities shows that federal lands are under the control and administration of the Federal Government. The Federal Government has a ministry created and charged with the responsibility of overseeing lands and land matters. The Federal Ministry of Lands—Housing and Urban Development is responsible for administering Federal Lands. Additionally, there is a Federal Land Registry created by the Federal Lands Registry (Miscellaneous Provisions) Act 1992, and its functions are similar to the functions of the Land Registries of States.”

Going by the ongoing imbroglio between the state and the Federal government, it has shown clearly that the states are not ready to succumb and stamping their authorities on the Federal government, an indication that the problems, which ought to have been solved by the Act is escalating by the day.

It would be recalled that during the tenure of the late President Muhammadu Buhari when the idea of establishing Ruga colonies for herders in the states, and the Federal government needed land, the state governors in the southern parts of Nigeria vehemently told the government of Bhari point blank, that their states would not release lands for the project. There were governors in the North like Benue and Taraba too that refused.

The actions of Lagos State and that of Oyo state which came to light now have shown that the crisis of the states with the Federal government, may have just started since the matter may be linked to party politics where the states are controlled by different party to the party at the center.

Conflict of Interest 

Lagos State passed which required occupants of federal land in the to regularize it with the state. This policy says that landowners who have acquired interests in federal lands within Lagos should re-validate their interests and should obtain the Lagos State Governor’s consent and apply for certificates of occupancy in respect of such lands, even though they may have already obtained their certificates of occupancy from the Federal Government of Nigeria and registered their interests at the Federal Lands Registry.

As such, this policy is now being enforced by the Lagos State Government with its Urban and Regularization Planning and Development Law, other-wise called the Town Planning Law, which requires applicants for building permits in the state to have a valid title to the property in question. This requirement forces the applicant to first seek the governor’s consent before undertaking any structural development on the land or property.

The law made the Lagos State Government descend on the resident of Festac Town demolishing their structures claiming that Lagos was asserting its right to regulate development and planning, even on federal land, and basing its actions as well on a Supreme Court ruling that states can enforce their planning laws on federal projects.

It was argued that the dispute of land jurisdiction is heightened, as a result of federal policies on regularization and control of its properties, which Lagos believes is an interference on it’s policy, and saying that the state’s planning laws and permits are binding, even for federal projects. But the Federal Government too has continue to say that it has exclusive control over its lands.

In Lagos State today, the policies of both governments are creating a sort of uncertainty in the real estate cycle and land developers, who are getting more and more confused as they are now fear investing on real estate, especially on Federal land and properties.

Effect On Investment 

The state is also being accused of targeting the Igbo in Lagos, who are investing more on real estate and who are predominantly domicile in Festac Town and its environs. Recently the Lagos government went the Trade Complex annex which belongs to the Federal Government and demolished structures being constructed by Igbo traders, which raised ethnic tension and allegations of premeditation.

Again, the Oyo State and Federal Government over control of some properties, compounds the situation.

It seems that Gov. Makinde has penchant for property acquisition, of which the opposition has been accused him.

While stamping its authority on land and properties belonging to the Federal government, the state Gov. Makinde has sternly declared that any federal land, already revoked with the power vested on the governor of the state, in the Land Use Act, remained revoked.

Also, the state Commissioner for Lands, Housing and Urban Development, Mr. Akinfunmilayo Williams, at a press briefing last week in Ibadan, pointed out that the properties referred to by the FG as belonging to it, had already been revoked by the Oyo State government and as such, federal government could no longer lay claim to them as its properties and the same is applicable to any allottees whose property has been revoked.

The Oyo state government’s action was as a result of the public notice placed by the Federal Ministry of Housing and Urban Development, which warned Nigerians against purchasing some listed properties in Oyo State, claiming that they remained federal assets

The commissioner lambasted federal government, saying the notice it placed on the revoked land was misleading the public over the ownership of the properties, which were lawfully revoked and reallocated after years of abandonment and misuse.

The notice in question was issued by Permanent Secretary Federal Ministry of Housing and Urban Development, Mr. Shuaib Belgore, cautioning that “any individual or entity attempting to buy, sell, or claim ownership of the listed properties would be doing so illegally and at their own risk.”

The properties in question are the Africa Regional Centre for Engineering Design and Manufacturing (ARCEDEM) at Iwo Road, the Federal Low-Cost Estate and Site and Services at Idi-Ayunre, a Federal Housing Scheme in Saki, the National Strategic Grain Reserve property at Iyande, the Radio Nigeria property at Basorun, and the National Horticultural Research Institute site at Alalubosa, Alesinloye, all in Oyo State.

One Law Two Views

The commissioner argued, “the state government is compelled to clarify the situation as its actions were lawful, transparent and guided by the Land Use Act of 1978, which vests authority over all lands in a state in the hands of the governor.”

“Our action is not a hostile one; rather, it is a necessary measure to protect the state’s assets, restore investor confidence, and ensure that public land is utilized for the benefit of our people,” Mr. Williams pointed out..

He clarified that the six listed sites had either been abandoned or left undeveloped for decades by the federal agencies, and this has been creating security risks, which has also been hindering urban growth.

“Under the Land Use Act of 1978, the authority over all land in the state is vested in the state government.

Federal agencies are tenants on the land. When they fail to use it for the public good, or when they abandon it for decades, it becomes our duty as custodians of the lives and property of our citizens to reclaim and reallocate it,” William said.

Referring ARCEDEM property along Iwo Road, the commissioner said that the land was allocated as far back as 1983, “but had become derelict.”

“That parcel of land became a jungle, harbouring criminals and posing a security threat to nearby residents.”

“Following several complaints and security reports, we issued a notice of intent to revoke its Certificate of Occupancy in September 2020 and formally reclaimed it the following month.”

“It is, therefore, a great embarrassment that the federal ministry would now attempt to lay claim to land that was legally revoked five years ago and is already being put to better use,” he said.

On the Ona-Ara land, including the Raymond Jackie Estate, the commissioner clarified that while the federal government retained some developed structures, large sections of the area have remained unused.

“We have only taken over portions that are manifestly undeveloped. Some of these lands have laid idle for almost 40 years.

Regarding the property originally allocated to the Nigeria Television Authority (NTA) and the Nigerian Broadcasting Corporation (NBC), the commissioner said the temporary allocation had long expired.

“The land meant for broadcasting purposes has been misused and neglected, with parts converted into entertainment and hospitality ventures.”

“The court has dismissed a related case, affirming the state’s right to reclaim it. The Certificate of Occupancy has been revoked, and the land lawfully reallocated,” .

“Every Certificate of Occupancy clearly states that if the land is not developed within a specified time, usually two years, the holder risks losing it. Many of these allocations date back to the 1980s and have remained untouched.

When contacted by the Business Hallmark for comments on the issues pertaining to the cases of Lagos and Oyo State, the former Speaker of the Osun State Assembly and a former Ambassador to United Mexican states, Barrister Adejare Bello said, “There can never be a dispute between FG and States over land. As far as land is concerned, it is vested in the Governor of each state. The only land owned by the FG is the land in FCT, Abuja. If FG is in need of land in any state of the federation, she will approach the Governor of that state for it. That is the position of the Land Use Act of 1978 and it has not been repealed.”

Before the 1978 Land Use Act, land administration and control existed with two main land tenure systems.

What was practised in the Northern parts of Nigeria was different from what existed in the Southern parts. While in the North, land was regulated by a statute called Land Tenure law 1962 which vested land titles on the Regional government.

This in addition made the right to land occupancy the prerogative of the Region.

However, in the southern parts of Nigeria it was land was regulated under customary law and there was also no uniformity, as different communities tribes and families used different approaches to administer their land, which made the matter one of private ownership.

This system vested ownership of land in the families and communities that own them. The system as well became very complex and was always causing communal clashes.