WHY ANTI LAND GRABBING LAW WILL WORK IN LAGOS STATE

Deputy Majority Leader,Lagos State House of Assembly, Mr. Olumuyiwa Jimoh, who is representing Apapa II, speaks to Vanguard on the newly enacted law criminalising land grabbing in the state.

What is the significance of the land grabbing law?

The land grabbing law is important in so many ways. Hitherto, there was a law that addressed the issue of land grabbing but not directly the way this particular law has done. We had Lagos State Criminal Procedure Law, which is general but considering that Lagos is a megacity and the rate of demand for land and property, we needed to address the problem. We discovered that there is a cartel, which has become so sophisticated in grabbing other peoples’ lands. That is what prompted the House to pass the law addressing directly the issue of land grabbing in Lagos and the law was well accepted by the people because it addresses the fundamental issues. There have been series of controversies between land owners or buyers or people invading another person’s land and with this law, it means that if you get land adequately receipted and documented, it will be difficult for anybody to confiscate your land because the issue of land grabbing has always been there from creation. Though there was a law that addressed the issue, but that very law was too general because it addresses all other criminal matters in totality. But this very law was specific on land grabbing, that is why it is an offence to invade other peoples’ land in Lagos.

AMBODE ASKS COUNCILS TO SUBMIT 288 ADDITIONAL ROADS FOR CONTRUCTION

Governor Akinwunmi Ambode, Lagos State governor has directed sole administrators of the 57 councils to submit 288 additional roads (four from each  council) for construction  from 2017.

The Sole Administrator of Igando/Ikotun LCDA, Mr. Samuel Ajayi, broke the news yesterday at the inauguration of Osunba Street and Balogun Olanrewaju Road – two of the 114 roads, The Nation reports.

Mr. Samuel Ajayi, while confirming the receipt of the directive from Ambode, said the development was unprecedented in the history of Lagos.

Meanwhile, speaking through his representatives at the inauguration of some of the roads, Ambode warned residents to resist the temptation to convert any of the 114 roads to venue for commercial purposes or parking lot for abandoned vehicles.

The governor said conversion of the roads to other uses other than for motorists would reduce their lifespan.

AMBODE FLAGS OFF COMMISSIONING OF 114 LOCAL GOVERNMENT ROADS

‎ Lagos State Governor, Mr. Akinwunmi Ambode on Saturday flagged off a week long commissioning of 114 roads newly constructed in all the 57 Local Government Areas and Local Council Development Areas (LCDAs) in the State, with a pledge to commence the construction of second round of another 114 roads across the State soon. The construction of the inner roads, which is an initiative of the Ambode administration and in fulfillment of his campaign promise, was geared towards massive intervention on access and link roads, boost security and increase the socio-economic well-being of residents of the State.

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Do you wonder why LASG couldn't register 600 agents in Lagos State? It is because there has been no recognition for the estate agency profession as a mother-profession in real estate.

Come October 1st, THE INITIATIVE will be releasing the long awaited REAL ESTATE AGENT REGISTRATION APPLICATION forms via this forum for a nationwide subscription.

PHOTOS : 2016 CITY PEOPLE PROPERTY DEVELOPERS AWARDS

City people magazine held it’s 2016 City People Magazine Property Developers Award in Lekki yesterday. The Governor of Lagos State was represented by the Commissioner of Housing in person of Hon. Gbolahan Lawal who gave the keynote address on behalf of Governor Akinwunmi Ambode. The Founder of  LAGOS PROPERTY LAWYER Barr. Emmanuel Adebayo ( IMAGIN) was also present although, he didn't get an award sadly. But, we are glad a friend of ours by name Femi Ayinuola was recognised for his support to the development of the Real Estate sector. Other awards went to Otunba Yemi Lawal, Merit Abode, Infitech and Associate Ltd, Adron Homes, Sparklight Property Development Company Limited, Megamound, Lashore, Able Global Resources Ltd, Yemi Idowu and The Address Home. Also present was Funke Adeshiyan, Barr. Benjamin (Beecell) as well as Prince Jide Kosoko. The  Property Awards, which was held to appreciate the realtors in the property industry that has extremely contributed to the development of the housing sector and to honour top property developers in Nigeria.

WORD BANK

1. Make friends with successful people and occasionally buy them gift and surprise them with lunch because successful people always give and hardly get, so when you give them, they value the gift a lot.

2. Get a mentor and follow his instructions and respect the relationship. Never beg your mentor for money or disrespect his or her privacy.

3. Make new positive friends as often as possible and ensure you keep the communication line open. Create a network of friends and not just connections.

5. Show kindness to everyone. Some small boys today will be big boys tomorrow. The biggest dog in the neighborhood was once a puppy. And keep the information/secret to yourself.

6. Always plan ahead and be proactive. He that plans the future work less in the future.

AMBODE APPROVES #740m TO COMPENSATE LEKKI FREE TRADE ZONE (LFTZ) LAND OWNERS

As part of efforts to douse tension and create a conducive atmosphere for businesses in areas bordering the Lekki Free Trade Zone (LFTZ), the Lagos State governor, Akinwunmi Ambode, has approved the release of N740,461,432.00, as compensation to the landowners.

Majorly affected this time are the host communities of the parcel B of the land acquired by the government, comprising Yegunda and Abomiti zones of the LFTZ and the Lekki-Epe International Airport site.

Rotimi Ogunleye, the state commissioner for commerce, industry and cooperatives, who disclosed this at a news conference on Thursday, said by the continuing payment of compensations to the communities, the government was assuring investors currently doing business within the zone and would-be investors of their safety and security.

LANDLORD STABS TENANT TO DEATH

A 35-year-old man, Bright Abraham has been killed by his landlord Gbade Metibemu in the Makoko area of Lagos State, on Thursday.

Lagos Metro gathered that Metibemu stabbed the Abia State indigene with a knife multiple of times, on his chest and neck during a disagreement.

Metibemu reportedly rushed to the Adekunle Police Station to report that his tenant was after him and wanted to kill him.

He was, however, detained at the station when angry neighbours of the deceased went to the station to report that Abraham had died at the hospital where he was taken to for treatment.

A tenant, who identified himself as Christian Nwankwo, said Metibemu was hot tempered, adding that he always fought with his tenants.

LAND USE ACT (DECREE) OF 1978

Land Use Act [Decree] of 1978, Chapter 202 Laws of the Federation of Nigeria:
- Addresses four important issues arising from the former land tenure systems in the country: the problem of lack of uniformity in the laws governing land use and ownership; the issue of uncontrolled speculation in urban land; the question of access to land rights by Nigerians on an equal legal basis; and the issue of fragmentation of rural lands arising from the application of traditional principles of inheritance and/or population growth and the consequent pressure on land.

- It approaches these issues via three related strategies: the vesting of proprietary rights in land in the State; the granting of usufructuary rights in land to individuals; and the use of an administrative system rather than market forces in the allocation of rights inland.

COMMON DISPUTES AND ESSENTIAL PROVISIONS IN A CONSTRUCTION CONTRACT IN NIGERIA

A Construction Contract ("the Contract") like every other contract spells out the terms upon which the parties bind themselves before, during and after a construction work ("the work"). For the work to meet the expectation of the Employer and for the Contractor to satisfactorily deliver the work, certain provisions must be included in the Contract to define the positions of the parties. This will not only enable the work to be completed within the stipulated period, it will also prevent unnecessary conflicts, waste of time and resources of the parties. Some of the provisions are discussed below.

LEGAL AND REGULATORY REQUIREMENTS FOR THE COMPULSORY ACQUISITION OF LAND IN NIGERIA

Every citizen of Nigeria is empowered to acquire and own immovable property anywhere in Nigeria.¹However, this right to own immovable property like every other right is not absolute but subject to certain qualifications. All land comprised in the territory of each state in Nigeria are vested in the governor of that state and such land shall be held in trust and administered for the use and common benefit of all Nigerians.²The right of every Nigerian to own land in any part of the country is therefore subject to the interests of the Governor and it shall be unlawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise without the consent of the Governor first had and obtained.³For every transaction creating an interest in land, the consent of the Governor must be first had and obtained.

The Governor may also revoke a right of occupancy for overriding public interest. What then can be classified as overriding public interest?The answer to this question can be viewed from two perspectives namely, in the case of astatutory right of occupancyor acustomary right of occupancy. Overriding public interest in the case of a statutory right of occupancy means the requirement of the land by the Government of the State or by a Local Government in the State. In either case, for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation; the requirement of the land for farming purposes or for the laying of oil pipelines or for any purpose connected therewith.⁵On the other hand, overriding public interest in the case of a customary right of occupancy means the requirement of the land by the Government of the State or by a Local Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation; the requirement of the land for mining purposes or for the laying of oil pipelines or for any related purpose. The major difference between a statutory right of occupancy and a customary right of occupancy is that the former relates to lands in urban areas while the latter relates to lands in rural areas. Other grounds for compulsory acquisition include the requirement of the land for the extraction of building materials and the alienation by the occupier by sale, assignment, mortgage, transfer of possession, sub-lease, bequest or otherwise of the right of occupancy without the requisite consent or approval.⁶The acquiring authority is required to state one or a combination of the public purposes for which the Land was being acquired in his notice to the holder of a right of occupancy to enable the holder or occupier to challenge the acquisition. InOlatunji v. Military Governor of Oyo State⁷the Court of Appeal, per Salami JCA (as he then was) held as follows:

⁴

EID MUBARAK !!!

‎

Credit - freepik.com 

Wishing All Our Muslim Friends a Happy Celebration on this Unique Eid Ul- Adha. 

May Almighty Allah be with you.

Thanks.

FOUNDER, LAGOS PROPERTY LAWYER 

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REVIEWS and CAVEAT : We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. Any post, article, or comment or opinion expressed is not intended to substitute for the advice of a qualified lawyer, but that of the individual who made the contribution. If you require legal advice, please consult with a qualified lawyer. If you need assistance in contacting a lawyer, you may contact us via email emmanadebayo@gmail.com and we would be glad to match you with a lawyer who meets your requirements.  Send in all your property briefs: Request | Letting | Sale | Lease | Warehouse | Land We deliver at a swift pace! ‎ ‎ ‎

NIGERIA EXPORTS RELIGION, INDIA EXPORTS CARS

By Azuka Onwuka

The biggest country in Africa that the United Kingdom colonized is Nigeria. The biggest country that the United Kingdom colonized in Asia is India (which then comprised the present Pakistan and Bangladesh).

When the UK came into Nigeria and India, like all other countries they colonized, they brought along their technology, religion (Christianity), and culture: names, dressing, food, language, etc. Try as hard as the British did, India rejected the British religion, names, dressing, food, and even language, but they did not reject the British technology. Today, 80.5 per cent of Indians are Hindus; 13.4 per cent Muslims; 2.3 per cent Christians; 1.9 per cent Sikhs; 0.8 per cent Buddhists, etc. Hindi is the official language of the government of India, but English is used extensively in business and administration and has the status of a “subsidiary official language.” It is rare to find an Indian with an English name or dressed in suit.

TRADITIONAL AUTHORITIES AND CUSTOMARY INSTITUTIONS

Chiefs, clan heads, lineage heads, family heads, indigenous communities and landowning families acting through their representatives govern land in customary areas. Through them, customary land is held in trust for future generations.

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5) Centre Table, 4 Stools (glass framed) @ #65k

6) Complete Panel Door @ #60k

7) Complete Flush Door @ #55k

8) Dinning Set for 6 people @ #170k

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10) Fabric Sofa @ #205k

11) Horseleg Dressing @ #52k

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16) Office Bookshelf @ #65k

17) Open Cabinet @ #55k

18) Oval Dinning for 6 wood top with elegant chairs @ #170k

19) Reading Table / Chair @ #53k

20) Relax Chairs (1 each) @ #72k

21) Round Glass Dinning for 4 @ #150k

22) Sideboard @ #75k

23) Sitting Room Shelf @ #115k

24) Square Glass Dinning for 4 @ #150k

25) Table Dressing with Mirror @ #60k

26) TV Stand @ #55k

27) Wardrobes per square metre @ #55k

28) Workstation for 4 @ #134k

ACQUISITION OF PROPERTY POST EXECUTION OF A WILL

Perchstone & Graeys states that one of the foremost desires of most property owners is to be able to decide the manner in which their real and personal property will be disposed upon their passing. To achieve this people are advised to prepare a Will as early as possible; while they are both physically and mentally able to. By so doing they are afforded the opportunity of achieving a positive demonstration of their succession wishes. Where the property owner has made a Will, his Executors need only obtain a grant ofprobate; legally authorizing them to distribute the testator's property and give effect to carry out his other wishes relevant to his estate.

Oftentimes after a testator has prepared his Will however, what he goes on to do, deliberately or otherwise, is to accumulate more wealth; properties and other items of value.

FOR SALE: Akute Commercial Property @ #25m

This is a building consisting of 24 shops and 2 warehouses sitting on one and a half plot of land at lambe akute side , with C of O

DISCREPANCIES / GAPS BETWEEN STATUTORY AND CUSTOMARY LAWS

Although the Married Women’s Property Act of 1882 gives women married under statutory law the right to acquire, hold or dispose of property and the Matrimonial Causes Act provides that they have a share of family property in the event of divorce on equity grounds, women are unable to enforce property rights in a court of law because of ignorance of such rights, lack of financial security and the fear of antagonizing their in-laws.

Women married under customary law do not have equal rights in matters of marriage, dissolution, inheritance and right of property.

Women can own land if they buy, inherit or are given it by their husbands; however, they lose the right to farm lands upon divorce.

Although statutory laws exist to outlaw some of the many discriminatory customary and religious practices, such as female genital mutilation or purdah, in practice, enforcement is negligible.

Although women might inherit property from their deceased husband through statutory law, in most cases, property is distributed among the husband’s dependants in accordance with the customary law applicable to him before he died.

FEDERAL MORTGAGE BANK OF NIGERIA (FMBN)

The Federal Mortgage Bank of Nigeria (FMBN) was established in 1956, known then as the Nigerian Building Society (NBS), a joint venture of the Commonwealth Development Corporation and the Federal and Eastern Governments of Nigeria.

Following the introduction of the Indigenisation Policy, the Federal Government, by Indigenisation Act 1973, undertook 100 percent ownership acquisition of the NBS and consequently renamed it the Federal Mortgage Bank of Nigeria (FMBN).

The Bank operates as an effective vehicle for increasing the mobilisation of long-term funds, lending volume and expansion of mortgage lending services to all segments of the Nigerian population.

JOINT OWNERSHIP IN CONTEXT OF MARRIAGE

In the course of marriage, it is common for couples to jointly acquire property as their matrimonial home. They may do so in their individual names or by using both of their names (for example, Mr. & Mrs X). However, in the unfortunate event that the marriage falls apart, some of the disputes that arise with regards to properties usually revolve around who is entitled to keep or dispose of the properties acquired during marriage. This month's edition of the Private Client Update (PCU) will consider some issues surrounding entitlement to landed property jointly acquired and owned in the course of marriage and what happens when the marriage falls apart.

In other to appreciate this piece, it is important to understand what Joint ownership entails. Joint ownership as the name implies is a form of ownership of the same property by two or more persons, in this case, a husband and wife. Under joint ownership, a husband and wife share equal ownership of the property and have the equal undivided right to keep or dispose of the property.

RIGHT TO INHERITANCE

In most parts of Nigeria, female children are still discriminated against on issues of inheritance. With the decision in Mojekwu v. Mojekwu, in which the Court of Appeal declared the ‘oli-ekpe’ custom of Nnewi which permits the son or the brother of a deceased person to inherit his property to the exclusion of his female children as discriminatory, it was expected that discrimination against women and the girl child on the issue of inheritance would end. This is definitely not the reality, probably because the decision has not gained nationwide popularity and poverty prevents women from going to court to assert their rights.

MARRIAGE, SEPARATION, DIVORCE AND WOMEN’S PROPERTY RIGHTS

Credit - natural-justice.blogspot.com 

Although Article 7 of the Protocol to the Charter on Human and Peoples Rights on the Rights of Women in Africa provides for both parties of a marriage to enjoy equal rights within and after the marriage, in issues of custody and access to an equitable share of the joint property deriving from the marriage, this is not the case. Three forms of marriages are recognized in Nigeria – Customary, Islamic and Marriage under the Act. The reality of women married under Customary and Islamic law has not yet been affected by the protocol. A woman married under customary law is entitled to be provided with a home by her husband as long as the marriage subsists. She is also entitled to use her husband’s property but cannot dispose of it as her own. The right to be provided with a house by her husband terminates upon divorce. Upon divorce, a woman married under customary law has no claim over a house jointly owned by her husband. Her position is not helped by the

CEMENT PRICE RISES BY 44% hitting N2,300 PER BAG

‎Dreams of lower construction costs by prospective homeowners might have become a nightmare, going by fresh increase in the price of cement products by manufacturers.

The development has already triggered a ripple effect in the open market, with prices going up by about 44 per cent in few days.

Investigations revealed that operators under the Cement Manufacturers Association of Nigeria (CMAN) have raised prices of brands by N600 per bag in factories, including additional N100 cost for haulage. This has increased retail prices from N1,600 to N2,300 depending on location. In some areas, prices have shot up to N21,350 or higher.

Members of the CMAN include Dangote Cement Plc, which is emerging as a market leader and has factories in Gboko, Benue State; Obajana, Kogi State; and Ibeshe, Ogun State.

Other are: Lafarge Cement WAPCO Plc; Cement Company of Northern Nigeria Plc; Ashakacem Plc and Cross-River based United Cement Company.

Vice President, Nigerian Institute of Building, Kunle Awobodu, told The Guardian: “This is going to create crisis in the construction sector and bad blood between clients and contractors, as developers will make claims for fluctuations.

SUPREME COURT RULES IGBO GIRLS CAN INHERIT PROPERTY

The Supreme Court recently delivered a landmark judgment that will alter the domination, subjugation, discrimination and humiliation suffered by women in Igboland from time immemorial. In the judgment, the apex court voided the Igbo law and custom, which forbids daughters from inheriting their late fathers’ estate. The Court declared that the tradition is discriminatory and conflicts with the provisions of the Nigerian Constitution.

The court held that the practice conflicted with Sections 42(1)(a) and (2) of the 1999 Constitution of the Federal Republic of Nigeria on the fundamental freedom from discrimination granted every Nigerian. The judgment was on appeal marked: SC.22/2014 filed by Mrs. Lois Chituru Ukeje (the wife of the late Lazarus Ogbonna Ukeji) and their son, Enyinnaya Lazarus Ukeje, against Mrs. Gladys Ada Ukeje, the deceased’s daughter.