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Tag: Land Use Act

‘How Land Use Act can maintain balance in ownership’

Land Ownership is often mired in controversies and experts are of the opinion that the challenges in the sector can be extensively checked if there are reforms in the Land Use Act.

The “Land Use Act” (LUA), is a federal law that vests all land in each state in the governor, who holds it in trust for the people.

Enacted in 1978, its main purpose is to simplify land ownership, ensure equitable distribution, and centralize land administration to prevent disputes. The Act allows individuals to acquire a right of occupancy to use land, rather than owning it outright, and requires Governor’s consent for transferring these rights. The government can also revoke these rights for public purposes, with compensation for improvements made to the land.

Land ownership: The Act “nationalizes” all land by vesting it in the state governor, who acts as a trustee.

Rights of occupancy: Individuals and corporations are granted rights of occupancy, which are categorized as statutory rights of occupancy (urban areas) or customary rights of occupancy (non-urban areas).

Certificate of occupancy: A Certificate of Occupancy is issued to the holder of a right of occupancy.

Land use allocation: The governor is responsible for allocating land in urban areas, while local governments handle non-urban areas.

Transfer and consent: Transferring a right of occupancy is only valid with the governor’s consent, which is typically obtained through a Deed of Assignment.

Revocation of rights: The government can revoke a right of occupancy for public purposes, such as mining, public works, or planned development.

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Compensation: When land is revoked, the government is required to compensate the landowner for the value of the improvements made to the land.

Former Chairman, Nigeria Institution of Estate Surveyors & Valuers ( NIESV), Lagos State chapter, Gbenga lsmail asked the government to digitise all land records at state level (C of O, Governor’s Consent, surveys, mortgages).

He said: “ Government should deploy a transparent GIS-based land information system, set strict service-level timelines (e.g., 14–21 days for Governor’s Consent), professionalise workflows using Estate Surveyors & Valuers, planners, and lawyers”.

“ They should publish clear, uniform fee schedules to eliminate informal charges,

decentralise minor land allocations to Local Governments,strengthen tenure security through streamlined issuance of C of O and Rights of Occupancy”.

He also asked for the adoption of valuation-based ground rent and premium assessment.

Ismail further asked for the reduction of discretionary powers through statutory checks and digital tracking dashboards. He harped on the need to integrate planning approvals, survey, and LUA processes on a single one-stop portal, use government land strategically for affordable housing PPPs build capacity of land officers and enforce discipline for delays or extortion. The former Lagos NIESV Chair also asked that Land Use Act implementation should align with climate, environmental, and urban planning frameworks.

For Jide Olalekan a Lawyer if properly deployed the LUA has the capacity to reduce land disputes as it vests land ownership in the state governor, which according to him has helped to eliminate or reduce the multiple and endless litigations that arose from conflicting claims and interest on land.

The Act is intended to provide a simplified framework for land ownership and allocation, especially for public and large-scale projects, which was previously difficult for government agencies and also helps prevent the displacement of farmers and communities from their lands, also aiding in national security by creating a more stable land tenure system he stated. However, he lamented that the Act has contributed to poverty for many communities, as their primary assets were lands that were acquired by the state.

November 17, 2025
Land Use Act and its inherent challenges

Sir: Land is a unique gift of nature to mankind. It has so much importance to man. Land is a prime factor of production, platform for sustaining all human activities and source of all material wealth. Nations all over the world puts in place structures and measures to regulate land ownership, allocation of land for various purposes of development, and more importantly measures to balance the interests of the government, the land-owning class and the landless class.

Land Use Decree (Act) was promulgated March 29, 1978 by the then Federal Military Government. The Act abolished the existing land tenure systems which encouraged land holding without an obligation to develop them, fragmentation and uncoordinated alienation, hoarding speculatively for value appreciation and without precise documentation. and vested all land in each state of the federation solely in the governor of the state who would hold such land in trust for the people and who would be responsible for the allocation of all land in all urban areas to individuals residing in the state and to organizations for residential, agriculture, commercial and other purposes.

Government sought promotion of rapid socio-economic transformation of the country through rational land use and administration of land for the benefit of all Nigerians.

However, the Act has over the years incited a lot of controversy. The most contentious aspect of the Act is enshrined in Section 3 which assigns to the governor of a state seemingly enormous power to designate by order parts of non-urban areas of the state to become urban area and, by so doing, extend the frontiers of urban area. The implication is that it enlarges the governor’s area of influence, thereby making some ambitious governors semi gods in their domains. Some overzealous governors have hidden under the power conferred on them in Section 3 of the Act to harass and intimidate perceived political opponents by either revoking their Certificate of Occupancy (C-of-O) or confiscating their title deeds on land acquired legitimately.

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Another challenge which calls for concern is the impact of the provisions of the Land Use Act on housing. Housing has been identified world-wide as one of the basic necessities of life. For the survival of man, provision of shelter, refuge, comfort, security and dignity is required. And this is expected to be functional, attractive and identifiable within a neighbourhood setting, enabling of family needs, aspirations and preferences.

Contrary to the purpose of enacting the decree, which was to make land available to all for housing and economic development, the Act has rather prevented access to land for majority especially for development, as many state governments are holding on to land under the guise of compulsory acquisition for proposed development. The leasehold interest on land conveyed under the Act by the state, also reduces the investment potential of the land to the would-be investors and promotes a cash and carry ideology, as a title holder is usually looking at making immediate gains on the land.

The time for a review in tune with current realities is long overdue. Fettered with institutional failure, dearth of political will and inherent defects, the law has not been able to achieve most of its objectives. The sections of the act which are not in tandem with modern trends should be thrown out. If this is done, it would go a long way in bringing about sanity in land tenure, ownership and acquisition as well as housing provision in Nigeria. The government must take urgent steps to remove this aspect of our laws which still wears a military helmet.

•ESV Umoru Yakubu Aiyegbeni,Lagos.

October 1, 2024
Mabogunje tells govt to review Land Use Act

•Says it aids poverty

Nigeria’s foremost geographer and Chairman, Ibadan School of Government and Public Policy (ISGPP), Prof. Akin Mabogunje, has called on the federal government to urgently embark on land reform to lift millions of citizens out of poverty.

He spoke at a seminar on the theme: “Decentralized governance, the people and development in Nigeria” which was held at the Bodija, Ibadan premises of the school. The seminar was held in his honour on the occasion of his 86th birthday.

Mabogunje, who is the first Nigerian professor of Geography, said Nigeria was wasting time and the lives of its citizens by holding onto ownership of land through the Land Use Act.

He recalled that China has freed 760 million citizens from poverty in the last 30 years through the instrument of land reform.

According to him, it took Britain 80 years to achieve land reform while it took the United States of America 35 years to do the same. Afterwards, he said their citizens were able to easily use land for economic activities which lifted them out of poverty.

He said: “China raised 760 million citizens out of poverty in the last 30 years through land reform. It brought about huge economic and development activities in the rural areas. Rwanda has also started and I believe that country will soon show Nigeria how to move forward.

“The purpose of land reform is to ensure we take millions of Nigerians out of poverty. A similar idea is what I introduced to them in Ijebu-Ode which is known today as the Ijebu Development Initiative on Poverty Reduction which has built assets in excess of N1.4 billion mostly through aqua culture alone.”

While supporting the general position of discussants at the seminar on the need to decentralize governance in Nigeria for true rural development to happen, Mabogunje emphasized that the current Land Use Act which cedes ownership of lands to the government is counterproductive. But when government denationalizes land ownership, citizens will put more land into productive use, generating huge economic activities that will lift people out of poverty.

Welcoming participants, the Executive Vice Chairman of the school, Dr Tunji Olaopa, explained that rural development and local governance have always been at the centre of Mabogunje’s heart as demonstrated by the concept of OPTICOM (Optimum Community) which he propounded over 30 years ago.

He pointed out that the seminar was aimed at igniting a “national discourse on the obvious truth that the development ideas being implemented in the policy space in Nigeria is not just working, and as we approach 2019, ISGPP as a think tank is worried and concerned. And so, the best time is now for development experts to begin a level of conversation that will deliver an alternative model of development for Nigeria.”

The chairman of the seminar, Prof. Anthony Asiwaju, hailed Mabogunje for his innovations on rural development initiatives and general contributions to Nigerian development.

In his keynote address, Prof. Mike Adeyeye of the Department of Local Government Studies, Obafemi Awolowo University, Ile-Ife, urged states creating local council development areas to make them actual development centres rather than another political arm of corruption or for political correctness.

In his presentation, the Chairman, Presidential Technical Committee on Land Reform, Prof. Peter Adeniyi, called on the All Progressives Congress (APC) to fulfil its campaign promise of reviewing the Land Use Act, expunging it from the constitution and handing over ownership to Nigerians to pave way for real development activities.

Various speakers, including Prof. Ayo Olukotun, Bolanle Awe, Dr Taiwo Olaiya and Dr Tope Aladesanmi paid glowing tributes to Mabogunje for his selfless services to the country.

October 29, 2017
Senators set for showdown over plan to abolish Land Use Act

•National Assembly seeks power for INEC to conduct council polls

THE Senate was yesterday sharply divided over the recommendation for the abolition of the controversial Land Use Act from the constitution.

The upper chamber, which began clause-by-clause consideration of the recommendations of the Senate Committee on Constitution Review, will today start the actual voting on the clauses as recommended by the Deputy Senate President Ike Ekweremadu-led Constitution Review panel.

Ekweremadu, who gave overview of the report, said the recommendations were a product of joint committee of the Senate and the House of Representatives.

Removal of the Land Use Act from the Constitution, placing allocations for the Office of the Attorney General of the Federation on First Line charge, devolution of power to states, local government autonomy and conduct of local government elections were the areas senators differed during the debate of the general principles of the bills.

Ekweremadu said the joint committee agreed to reduce the recommendation of bills to ensure that the failure of one bill does not affect others.

He said there were 34 bills had been lined up for consideration and possible approval of the Senate.

One of the major recommendations was the removal of the Land Use Act from the Constitution.

Many senators from the Northern were said to be against the proposal. But their southern counterparts were said to have favoured the recommendation.

On the Land Use Act, committee recommended: “Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Bill, No. 32, 2017 (Deletion of the Land Use Act from the Constitution) – The Bill seeks to alter the Constitution of the Federal Republic of Nigeria, 1999 to delete the Land Use Act from the Constitution so that it can be subject to the regular process of amendment.”

Senators Adamu Aliero (Kebbi Central) and Senator Mohammed Danjuma Goje (Gombe Central) were vocal in their insistence that the status quo should be maintained.

Aliero, who is also a member of the review committee, told the Senate that there were no unanimity on some of the issues listed for voting.

He said the Land Use Act should be retained in the constitution because it remained a controversial issue.

On local government autonomy, he agreed that local governments should be autonomous and allocations be paid directly to the local government coffers.

Aliero, however, added that the payment of salaries of primary school teachers should be retained as it is.

He kicked against devolution of powers to states without first reviewing the Revenue Allocation Formula.

He said the exercise would be effort in futility to devolve power to the states without giving them the financial strength to carry the load.

Goje said the Land Use Act should be left the way it is “because the Land Use Act is a very controversial issue.”

Goje backed those who wanted the local government election to be conducted by the Independent National Electoral Commission (INEC).

His fears, he said, is that the proposal may not go down well at the state level.

Goje cautioned that senators should be allowed to take some of the issues slated for voting to their constituents to find out what Nigerians wanted.

On the devolution of more power to the state, he agreed that it should be done with reviewing the Revenue Allocation Formula to ensure more funds to the states.

Senator Gbenga Ashafa agreed that the Land Use Act should be left the way it is in the constitution because of its controversial nature.

Ashafa noted that at the committee level, the proposal to remove the Land Use Act from the Constitution generated a lot of arguments for and against.

He feared that if it is removed from the constitution, various people would emerge to claim the ownership of land in various areas.

Senator Dino Melaye supported the reduction in age of those who want to contest senatorial and House of Representative elections.

The Kogi West senator said he was happy that former governors in the chamber were in support of local governments’ autonomy.

He moved a motion that the conduct of local government election should henceforth be conducted by the Independent National Electoral Commission (INEC) to ensure transparency and free and fair election.

Senator Sunny Ogbuorji promptly seconded the motion.

Senate President, Abubakar Bukola Saraki put the motion to a voice vote.

The motion was overwhelmingly carried.

Senate Leader Ahmed Lawan, who started the debate, congratulated the committee for a job well done.

On the presentation of the annual budget, Lawan noted that since the committee recommended that the Executive must present the budget 90 days before the end of the fiscal year, the National Assembly should also legislate to pass the budget before the end of the financial year.

Senator Olusola Adeyeye said those in their mid-30s should be allowed to come to the Senate while those in their mid-20s should be allowed to go to the House of Representatives.

Senator Peter Nwaoboshi wondered why some of those who endorsed the report turned back to oppose some clause, which they endorsed.

Nwaobosho noted that there would have been no need for some senators to sign the report, if they knew that they still needed to consult.

But Goje, who seemed to have been targeted by Nwaoboshi, insisted that it was his right at any time to speak his mind on issues.

Saraki agreed and said senators have the right to change their stance on any issue at any time.

Senator James Manager said a specific date should be assigned when the budget must be submitted to the National Assembly.

Saraki hailed the committee, especially for keeping the promise to submit the report before the National Assembly goes on recess.

Saraki added that areas that needed further consultations would be subjected to further consultations.

He mandated that committee to liaise with the House committee members to see how to narrow down areas of disagreement.

The two chambers of the National Assembly are set to vote on the recommendations today.

July 26, 2017
‘Land Use Act has no problem, but…’

Is there anything wrong with the 39-year-old Land Use Act? No, says the Nigerian Institute of Surveyors (NIS) President Akinloye Oyegbola, who argued that the problem with the law enacted in 1977 lies with its operators and not the legislation. He is worried that the country does not check structures for flaws, leading to building collapse. He advocates more use of surveyors, insisting that over 60 per cent of the country’s roads require their contributions. Oyegbola speaks on these and other issues with MUYIWA LUCAS.

The Land Use Act has remained contentious among stakeholders. What is your take on the Act?

More often than not, when something is controversial, a lot can be derived from it. It is not going to be easy for a land owner to embrace the Land Use Act in its entirety, whereas it is expedient for the government and the people to have it so that it can engender proper development of the land. So, you can be sure that we will always have those divergent views; but then one would always have the upper hand and which will be more beneficial to the people. So, it is not the Land Use Act itself that has problems, it is those who are operating it. This is because the Act has made it in such a way that to a very reasonable extent, the land owners would have been satisfied to an extent (it cannot be in its entirety because something is being taken away from them), because the Act made it in such a way that there are conditions for which a land can be taken by the government. The problem is that have those conditions been met on the part of the owners? If not, then they become areas where people can come in and probe. But the Act has tried as much as possible to bring in palliatives to a reasonable extent, which if executed to the letter, would make the land owner feel better. But what we have now on ground is the abuse of the Act, which is causing the problem.

The Lagos State Government recently announced plans to jail land grabbers. Do you think this will solve the Omo Onile problem?

Incidentally, land grabbers are not Omo Onile. The Omo Onile is the land owner; and we own land by history because land is not manufactured. So, ownership of land is by history and so some people will always say they own it because their fore fathers may have dwelt there several centuries ago. The land grabbers are either their agents or speculators, who believe they know too much about land in a particular area and they are now using the inadequacies in the process to their own advantage. Land grabbing starts as an attempt. That is not to say we do not have people, who genuinely stand as agents between the seller and buyer. Their activity is just like any other offence. So, if their activities is on the wrong side of the law then they must be punished.

How can a surveyor help in the economics of land, especially in areas where there is acute shortage of land?

Basically, by the time a surveyor does the cadastral work properly, he has helped a lot, economically. This is because when he demarcates land properly, there is very minimal level of litigation. A surveyor also helps to cut cost in terms of compensation payment to property owners whose property may be demolished for road or railway construction because the surveyor would have been able to properly mapped out the land areas long before construction started. Generally with Lagos, from time to time you can only enhance the economics of land by the way you manage it; how you zone it for the respective needs of the people. More often than not, because Lagos is a coastal town, you see a lot of sandfilling and dredging. But before you even dredge, there would have been a kind of hydrographic surveying to know the sea bed. While doing the dredging, you also need a surveyor to tell you how far you can go. We believe that with a proper deployment of the surveyor, so much can be saved in terms of cost.

The Federal Government plans to produce a million units of housing yearly to tackle the housing deficit. What should be the role of surveyors in this initiative?

The role of the surveyor starts from the concept itself because whatever has to be done about housing is on land. For instance if Lagos State says its wants to do something on land, it has to know what it has before it can use certain part for certain projects. A surveyor will tell you what you have before you determine what you want to use for what. A surveyor is involved from the conceptualisation, to development.

Building collapse is of great concern now. How can surveyors help to stem the tide?

For anything that has to do with height, there is a need for surveyors’ involvement. Even after a structure has been put up, especially if it is massive or a high rise, there is a need to monitor deformation. We have not been monitoring structures for deformation. We monitor dams for deformation, but we have not been monitoring structures. There is a need to monitor for deformation of structures, especially if you have to stockpile to construct a building. Look at our bridges for instance, how often are they monitored for deformation? It doesn’t need to be visible before you see deformation if you monitor well because if it becomes visible then it becomes more dangerous and expensive to repair. Collapse of a structure doesn’t happen overnight; if structures are properly monitored then there won’t be collapse.

To a lay man, surveying is simply measuring of land. How do you regulate the practice of surveying in Nigeria?

Surveying is one profession that has a very old professional body; it is among the oldest professional bodies in the country. It dates back to 1934, with the renowned nationalist, Herbert Macauley as its leader. Its name then was “Licenced Surveyors’ Association” (LSA); in 1960, the name was changed to Land Surveyors Association of Nigeria, with late Surveyor C.T. Olumide as its chairman. It was in 1966 at a surveyors’ conference in Enugu that the name Nigeria Institution of Surveyors (NIS) was adopted.

By virtue of the age of the profession and its practice, it has gone through thick and thin. What we have on ground now is a regulatory body, which is called “Surveyors Council of Nigeria” (SURCON), which took off in 1989 under Cap 425. Before then we had the licensing board as the regulatory body. SURCON has been involved in the regulation of the practice and the certification of surveyors. But that is not to say that the professional body does not do anything about regulation. Under our constitution, the body has its ethics rule guiding members. So, an erring member could be punished under the constitution of the association, but when it comes to the issue of serious misdemeanour that may even involve the withdrawal of practicing certificate, because the association did not issue you the practicing certificate, then it cannot withdraw it. The association will only report to the regulatory body. When such gets to the regulatory body, it would first go through the surveyors investigative panel (SIP), who investigates and refers to the disciplinary committee. At the disciplinary committee stage, the surveyor has a right to appear with his lawyer so that there is proper hearing. We expect that anybody, who has anything untowards perpetrated by a surveyor could either report to the association or to the regulatory body. None of these two bodies will pamper a surveyor for not adhering to the practice of the profession as appropriate disciplinary action would be taken after due investigation of the case.

Is there any acceptable standard for land measurement or gauge?

Basically, for the surveyor and as a practitioner, there is no standard measurement. A parcel of land is a parcel of land. But by talking of gauge, it depends on the kind of development you want to have on the land. We have different types of development for different areas, which is the exclusive preserve of the Town Planners- they do the zone and others and they determine what should be where. We, as surveyors, also assist in this because we would have provided so much information about the land to be developed. But basically, the Town Planners determine what can be put on a parcel of land at a particular time.

What are the challenges of surveying?

Like I said, the underdevelopment is a major challenge for fulfilment for practitioners. Although that is general, that is just surveying. But in surveying, the cost of what I had just talked about earlier that the practice itself does not advertise itself. One major challenge we have is that it’s every now and then we need to continue to let people know what the surveyor can do. Interestingly, people have limited the input of the work of the surveyor in the development of the country to a very streamlined section and it is just out of ignorance and that’s why we have to go out and let them know that there is still a lot even in the face of the gross underutilisation that we are talking about, there is still a lot that is being left out that the surveyor can still do. And you will now find out that more often than not even the professionals, who know that they are supposed to put in surveyors on those things because they know they can’t do it but the people, who assign them or commissioned them to do it, may not know that they needed a surveyor. And because that one doesn’t know, he won’t specify the kind of surveyor that should do the job. So, he goes out to look for a less qualified hand to do the job for him because he doesn’t want to pay well and that was why one of the recommendations I made then when I appeared before the House Committee on Works during the debate on the road maintenance agency bill in 2001, was that when turnkey projects are been given out, it is good for the agency or government giving it out to specify who does what and with what experience and what is he going to be paid. When that is specified and there is no adherence to it, then you could easily identify what the problem is.

There seems to be deafening silence from the NIS in terms of making contributions to national issues. How do you react to this?

For one to be able to solve a problem, then there is a need to really understand the problem. I had thought over and over again about this impression you have just observed and one thing I have found out is that every profession has its own peculiarity in terms of their practice. What I have found out is that the profession of surveying is not self-advertisng. For instance, when you see a good structure, what comes to mind is that an architect has done a fantastic job on it, even before the engineer that saw to the structure being where it is for people to see. Those are professions that people can see what they can do. For instance, whatever might have gone into that same structure, in terms of the survey will not be obvious at that particular time. I have made up my mind that if the profession does not advertise itself then our own drive should be far more than those in the allied profession. So, it means we have to redouble our efforts in terms of publicity and enlightenment that would enhance the image of the profession and that is exactly what I am up to.

Surveying cuts across a lot of human endeavours, but just like any other profession in Nigeria, there is gross under utilisation of the profession generally and surveying cannot be an exception. What the surveyor is known for is just cadastral surveying- which is a negligible fraction of what the surveyor can do. For instance, nobody thinks the surveyor is involved in road construction, railway construction, and anything that has to do with movement from one place to another. In any construction, the surveyor has to be on site, whereas an engineer may not necessarily be there, but just come in from time to time to ensure compliance to specification. But then, that sticking to the specification is ascertained by the presence of a surveyor. So, a surveyor has to be on a construction site all the time to be able to say that a predetermined level for every stage of the job is being adhered to. For instance, in road construction, in terms of level and alignment, it is not just alignment, it is the different levels that you want to maintain so that you have a road that has the required exploitational value. For instance, if you see a road that has flexible pavement (it tar) and there is coagulation of water on it then it means the levels where not well taken care of when it was being constructed. That is why the surveyor has to be on site always. Let it be noted that 60 per cent of roads constructed in the country has the input of a surveyor.

In this context, who is a surveyor?

In the past, before the advent of the incursion of the computer into all professions, when it was still very analogue, we would say the surveyor is a person trained in the science and art of taking measurement on the surface of the earth, in the water and also in the space. Such measurement are well taken and they depict the position of land and man-made and natural features on it so that when it is to be used for whatever purpose, you will have so much information on it for proper utilisation when the need arises. But now, with the advancement of technology, we have found surveyors being involved in not just the acquisition and the presentation of information on the land, surveyors are now involved in the management of even the information-that is, in the area of geo-informatics. This is called geographical information system (GIS).

July 7, 2016
‘Land Use Act has no problem, but…’

Is there anything wrong with the 39-year-old Land Use Act? No, says the Nigerian Institute of Surveyors (NIS) President Akinloye Oyegbola, who argued that the problem with law enacted in 1977 lies with its operators and not the legislation. He is worried that the country does not check structures for flaws, leading to building collapse. He advocates more use of surveyors, insisting that over 60 per cent of the country’s roads require their contributions. He speaks on these and other issues with MUYIWA LUCAS.

The Land Use Act has remained contentious among stakeholders. What is your take on the Act?

More often than not, when something is controversial, a lot can be derived from it. It is not going to be easy for a land owner to embrace the Land Use Act in its entirety, whereas it is expedient for the government and the people to have it so that it can engender proper development of the land. So, you can be sure that we will always have those divergent views; but then one would always have the upper hand and which will be more beneficial to the people. So, it is not the Land Use Act itself that has problems, it is those who are operating it. This is because the Act has made it in such a way that to a very reasonable extent, the land owners would have been satisfied to an extent (it cannot be in its entirety because something is being taken away from them), because the Act made it in such a way that there are conditions for which a land can be taken by the government. The problem is that have those conditions been met on the part of the owners? If not, then they become areas where people can come in and probe. But the Act has tried as much as possible to bring in palliatives to a reasonable extent, which if executed to the letter, would make the land owner feel better. But what we have now on ground is the abuse of the Act, which is causing the problem.

The Lagos State Government recently announced plans to jail land grabbers. Do you think this will solve the Omo Onile problem?

Incidentally, land grabbers are not Omo Onile. The Omo Onile is the land owner; and we own land by history because land is not manufactured. So, ownership of land is by history and so some people will always say they own it because their fore fathers may have dwelt there several centuries ago. The land grabbers are either their agents or speculators, who believe they know too much about land in a particular area and they are now using the inadequacies in the process to their own advantage. Land grabbing starts as an attempt. That is not to say we do not have people, who genuinely stand as agents between the seller and buyer. Their activity is just like any other offence. So, if their activities is on the wrong side of the law then they must be punished.

How can a surveyor help in the economics of land, especially in areas where there is acute shortage of land?

Basically, by the time a surveyor does the cadastral work properly, he has helped a lot, economically. This is because when he demarcates land properly, there is very minimal level of litigation. A surveyor also helps to cut cost in terms of compensation payment to property owners whose property may be demolished for road or railway construction because the surveyor would have been able to properly mapped out the land areas long before construction started. Generally with Lagos, from time to time you can only enhance the economics of land by the way you manage it; how you zone it for the respective needs of the people. More often than not, because Lagos is a coastal town, you see a lot of sandfilling and dredging. But before you even dredge, there would have been a kind of hydrographic surveying to know the sea bed. While doing the dredging, you also need a surveyor to tell you how far you can go. We believe that with a proper deployment of the surveyor, so much can be saved in terms of cost.

The Federal Government plans to produce a million units of housing yearly to tackle the housing deficit. What should be the role of surveyors in this initiative?

The role of the surveyor starts from the concept itself because whatever has to be done about housing is on land. For instance if Lagos State says its wants to do something on land, it has to know what it has before it can use certain part for certain projects. A surveyor will tell you what you have before you determine what you want to use for what. A surveyor is involved from the conceptualisation, to development.

Building collapse is of great concern now. How can surveyors help to stem the tide?

For anything that has to do with height, there is a need for surveyors’ involvement. Even after a structure has been put up, especially if it is massive or a high rise, there is a need to monitor deformation. We have not been monitoring structures for deformation. We monitor dams for deformation, but we have not been monitoring structures. There is a need to monitor for deformation of structures, especially if you have to stockpile to construct a building. Look at our bridges for instance, how often are they monitored for deformation? It doesn’t need to be visible before you see deformation if you monitor well because if it becomes visible then it becomes more dangerous and expensive to repair. Collapse of a structure doesn’t happen overnight; if structures are properly monitored then there won’t be collapse.

To a lay man, surveying is simply measuring of land. How do you regulate the practice of surveying in Nigeria?

Surveying is one profession that has a very old professional body; it is among the oldest professional bodies in the country. It dates back to 1934, with the renowned nationalist, Herbert Macauley as its leader. Its name then was “Licenced Surveyors’ Association” (LSA); in 1960, the name was changed to Land Surveyors Association of Nigeria, with late Surveyor C.T. Olumide as its chairman. It was in 1966 at a surveyors’ conference in Enugu that the name Nigeria Institution of Surveyors (NIS) was adopted.

By virtue of the age of the profession and its practice, it has gone through thick and thin. What we have on ground now is a regulatory body, which is called “Surveyors Council of Nigeria” (SURCON), which took off in 1989 under Cap 425. Before then we had the licensing board as the regulatory body. SURCON has been involved in the regulation of the practice and the certification of surveyors. But that is not to say that the professional body does not do anything about regulation. Under our constitution, the body has its ethics rule guiding members. So, an erring member could be punished under the constitution of the association, but when it comes to the issue of serious misdemeanour that may even involve the withdrawal of practicing certificate, because the association did not issue you the practicing certificate, then it cannot withdraw it. The association will only report to the regulatory body. When such gets to the regulatory body, it would first go through the surveyors investigative panel (SIP), who investigates and refers to the disciplinary committee. At the disciplinary committee stage, the surveyor has a right to appear with his lawyer so that there is proper hearing. We expect that anybody, who has anything untowards perpetrated by a surveyor could either report to the association or to the regulatory body. None of these two bodies will pamper a surveyor for not adhering to the practice of the profession as appropriate disciplinary action would be taken after due investigation of the case.

Is there any acceptable standard for land measurement or gauge?

Basically, for the surveyor and as a practitioner, there is no standard measurement. A parcel of land is a parcel of land. But by talking of gauge, it depends on the kind of development you want to have on the land. We have different types of development for different areas, which is the exclusive preserve of the Town Planners- they do the zone and others and they determine what should be where. We, as surveyors, also assist in this because we would have provided so much information about the land to be developed. But basically, the Town Planners determine what can be put on a parcel of land at a particular time.

What are the challenges of surveying?

Like I said, the underdevelopment is a major challenge for fulfilment for practitioners. Although that is general, that is just surveying. But in surveying, the cost of what I had just talked about earlier that the practice itself does not advertise itself. One major challenge we have is that it’s every now and then we need to continue to let people know what the surveyor can do. Interestingly, people have limited the input of the work of the surveyor in the development of the country to a very streamlined section and it is just out of ignorance and that’s why we have to go out and let them know that there is still a lot even in the face of the gross underutilisation that we are talking about, there is still a lot that is being left out that the surveyor can still do. And you will now find out that more often than not even the professionals, who know that they are supposed to put in surveyors on those things because they know they can’t do it but the people, who assign them or commissioned them to do it, may not know that they needed a surveyor. And because that one doesn’t know, he won’t specify the kind of surveyor that should do the job. So, he goes out to look for a less qualified hand to do the job for him because he doesn’t want to pay well and that was why one of the recommendations I made then when I appeared before the House Committee on Works during the debate on the road maintenance agency bill in 2001, was that when turnkey projects are been given out, it is good for the agency or government giving it out to specify who does what and with what experience and what is he going to be paid. When that is specified and there is no adherence to it, then you could easily identify what the problem is.

There seems to be deafening silence from the NIS in terms of making contributions to national issues. How do you react to this?

For one to be able to solve a problem, then there is a need to really understand the problem. I had thought over and over again about this impression you have just observed and one thing I have found out is that every profession has its own peculiarity in terms of their practice. What I have found out is that the profession of surveying is not self-advertisng. For instance, when you see a good structure, what comes to mind is that an architect has done a fantastic job on it, even before the engineer that saw to the structure being where it is for people to see. Those are professions that people can see what they can do. For instance, whatever might have gone into that same structure, in terms of the survey will not be obvious at that particular time. I have made up my mind that if the profession does not advertise itself then our own drive should be far more than those in the allied profession. So, it means we have to redouble our efforts in terms of publicity and enlightenment that would enhance the image of the profession and that is exactly what I am up to.

Surveying cuts across a lot of human endeavours, but just like any other profession in Nigeria, there is gross under utilisation of the profession generally and surveying cannot be an exception. What the surveyor is known for is just cadastral surveying- which is a negligible fraction of what the surveyor can do. For instance, nobody thinks the surveyor is involved in road construction, railway construction, and anything that has to do with movement from one place to another. In any construction, the surveyor has to be on site, whereas an engineer may not necessarily be there, but just come in from time to time to ensure compliance to specification. But then, that sticking to the specification is ascertained by the presence of a surveyor. So, a surveyor has to be on a construction site all the time to be able to say that a predetermined level for every stage of the job is being adhered to. For instance, in road construction, in terms of level and alignment, it is not just alignment, it is the different levels that you want to maintain so that you have a road that has the required exploitational value. For instance, if you see a road that has flexible pavement (it tar) and there is coagulation of water on it then it means the levels where not well taken care of when it was being constructed. That is why the surveyor has to be on site always. Let it be noted that 60 per cent of roads constructed in the country has the input of a surveyor.

In this context, who is a surveyor?

In the past, before the advent of the incursion of the computer into all professions, when it was still very analogue, we would say the surveyor is a person trained in the science and art of taking measurement on the surface of the earth, in the water and also in the space. Such measurement are well taken and they depict the position of land and man-made and natural features on it so that when it is to be used for whatever purpose, you will have so much information on it for proper utilisation when the need arises. But now, with the advancement of technology, we have found surveyors being involved in not just the acquisition and the presentation of information on the land, surveyors are now involved in the management of even the information-that is, in the area of geo-informatics. This is called geographical information system (GIS).

June 9, 2016
Imperatives of reforming the Land Use Act
As state governors desperately look for ways to boost their internally generated revenue base, here’s a radical idea for them: Use whatever influence you have at the federal level to push for the removal of the Land Use Act from the constitution, then proactively support those working on getting that piece of legislation reformed, and allow their recommendations to be effectively implemented in your respective states. With the current system, it is estimated that less than five per cent of housing units have formal title registration. Reforming the land management system will open up the possibility of bringing the remaining 95 per cent of existing housing into the formal title registration loop.

There is a shortage of affordable housing in Nigeria. Some estimates say we need 14 to 17 million more units than what we currently have. Others say the figure is closer to 40 million. Either way, reforming the land management system will release the choke-hold on private sector urban housing developers who have the ingenuity and the energy to tackle the multimillion housing deficit, which the states’ housing corporations, the states’ ministries of housing and their federal counterparts, are trying valiantly to satiate. Think of what the states would gain directly in increased transaction volume through stamp duties, fees, PAYE, and indirectly through reduced unemployment, increased civic satisfaction and so on. This can be achieved if the bureaucracy is trimmed down, the response times are faster, the process is transparent and the per unit processing cost is reduced.

Prior to the Land Use Decree of 1978, a dichotomous system prevailed in country. In Northern Nigeria, the land was vested to the governor who then apportioned or utilised it as he deemed fit. One could say it was a form of controlled socialism, in comparison to the free market system adopted in the South. In Southern Nigeria, other than areas selected for public purposes, land was owned by individuals or clans and passed along from one generation to the next. Permission however had to be sought from the governor before land rights could be assigned to aliens. In the absence of a formal titling and registration mechanism, the system in the South threw up endemic problems of multiple sales of the same parcel of land to various buyers. The South also experienced land speculation, problems with acquiring land for public purposes, exorbitant pricing, and the social malaise resulting from the accumulation of land by those who had unjustly dispossessed others of their property. The Land Use Decree was created ostensibly to solve these problems and to install one codified land administration system across the country.

As can be imagined, the decree was not popular in the South. People accustomed to owning land were effectively turned to tenants via the wholesale transfer of land ownership rights to the governor, and compensation was only paid for developed land or agricultural land. The decree also empowered governors to issue Certificates of Occupancy which would allow the possessor to use a specific piece of land for a pre-defined period of time. And more importantly, the consent of the governor had to be given before any transfer or transaction could be done with the land, (including mortgages or assignments). This specific provision is one of the protagonists causing the current bottleneck in the mass housing industry. The potential quantum of paperwork that this must necessarily involve for a country with over 170 million citizens is mind-boggling. To expect all that paperwork to pass efficiently through the office of 36 people is unrealistic. It is a stumbling block to the proliferation of home ownership and it’s time to make a concerted effort to take the breaks off. In his essay, The Land Use Act: 11 Years After, Dr A. Nnamani, who was the Attorney-General of the Federation in 1978 said, “It seems to me that it is not healthy for the economy that the Governor’s Office should be flooded with these applications for consent.” We should not sacrifice efficiency on the altar of control.ý

The Land Use Decree was inserted into the 1979 and 1999 constitutions, to make it difficult for it to be revised or repealed. In 2009, President Umaru Yar’Adua established the Presidential Technical Committee on Land Reform and gave it the task of finding a better way for the country to handle the administration and recording of land ownership, the issuance of titles and the process for registration, as well as other land-related matters. Professor Akin Mabogunje, the 2009-2011 Chairman of the Committee, described the Land Use Act as “a clog in the wheel of development”. The Mabogunje Report states that “Although the decree has made it easy for governments to acquire land for public purposes, drastically minimised the burden of land compensation and considerably reduced court litigations over land, it has, since its inception…created a new genre of serious problems for land management in the country.” The report goes on to list at least nine of these problems and in 2013, President Goodluck Jonathan directed the committee to look into the practicalities of reforming the Land Use Act.

According to the Managing Director of Crusader Sterling Pensions Niyi Falade, “the Nigerian housing sector is currently valued at N6.5 trillion with an annual growth estimation of 10 per cent over the next few years.” Trying to benefit from the untapped potential in the real estate and construction industry without reforming the Land Use Act is like trying to drive a Ferrari with the hand brakes on. Yes, the vehicle will move but its progress will be hampered. Reforming (or, as some would say, repealing) the Land Use Act would be a catalyst for the development of affordable housing on a mass scale.

However, let’s not throw the baby out with the bath water. There are some redeeming features of the Act. Let’s hold on to those while revising the ones that need revising. Updating the Land Use Act will certainly assist in taking us from where we are to where we want to be. It is one of several tipping points available to us as a country for moving millions of people out of poverty. Currently, close to 85 per cent of urbanites live in rented accommodation which swallows up as much as 40 per cent of their salary, if not more. The need for reasonably-priced housing is further compounded by urban migration. People, mainly young adults, are moving out from rural areas into the cities. The population in Abuja is estimated as growing by nine per cent every year. In Lagos, the estimate is three per cent each year. Where will they live? Where will they work?

At a real estate forum in 2015, the CEO of Lead Capital Abimbola Olashore estimated that the production of just 75,000 homes per year would create “at least 300,000 direct jobs and 488,000 indirect jobs.” Assuming the housing deficit is 17 million units, we would need to build 850,000 units per year for the next 20 years, ceteris paribus. Overhaul the Land Use Act. Unleash the real estate sector. Let the multiplier effect go to work on the economy.
- Ms. Aboderin is a member of the Institute of Directors.
July 2, 2015
Buhari urged to repeal Land Use Act

The Managing Director, Green Pastures Interbiz Projects Ltd, Estates, Ezenne Solomon Sunday, has urged President Muhammadu Buhari to prevail on the National Assembly to repeal the Land Use Act which he described as obnoxious and inhibiting the growth of the property industry in the country.

He said before the Land Use Act was enacted, the nation was practising the free-holds land system, adding that immediately the Land Use Act was enacted, the whole thing changed and the country switched to lease-hold. “With free-hold, lands belong to the families or community but under former President Olusegun Obasanjo in his first coming, he enacted the Land Use Act and willed that all properties belong to the government.

“A lot needs to be done to this old law because land in Lagos is like oil in the Niger-Delta. The Federal Government needs to change the Land Use Act because that lease-hold is a problem because those who don’t know the legal frame work of property business are easily dispossessed of their land.

“Government needs to negotiate with families and properly compensate them before taking their lands instead of using executive power because what that does is to make these families go back to the lands they’ve already sold and try to get it back or be paid more which in-turn causes problems for us,” he said.

Sunday whose firm owns and manages Green Pastures, said Lagos State is an excellent place to do business because the community does not discriminate against any tribe.

He explained that properties still belong to the families and government can only take over the land in cases of overriding public interest maybe to build schools, hospitals, or other things beneficial to the community. “Some families use their lands for farming and don’t need the government to give permits before they could do that. Every property you buy is a lease from government for 99 years although it ought to be 100, that’s what the Certificate of Occupancy (C of O) gives you.

“If I have acquired a property and I have a C of O for it and wants to sell after 30 years – what you will buy from me is the remainder of the 100 years. For example, if my father spent 30years and I use 20 it is the other 50 years you will buy from me but if you buy a land that is free from any project that government has in mind and the property is free, all you have to do is get a fresh C of O for yourself. So you are the one that will start the 100 years on the land. This is a major reason why clients need a property lawyer,” he said.

July 1, 2015
Land Use Act, others inhibiting ‘housing for all’

Housing is one of the three basic necessities of life. Over the years, successive governments have paid lip service to affordable housing for all. It is estimated that over 17million deficit exists in the housing sector. Experts say the gap can be bridged if President Muhammadu Buhari prevails on the National Assembly to repeal the obnoxious Land Use Act and other artificial barriers, reports MUYIWA LUCAS.

The rising cost of building, land titling and other associated requirements for housing development have been identified by various stakeholders as reasons for the huge housing deficit in the country. If these can be effectively tackled, it is believed that improvement will come to the sector, plagued by 17 million deficit.

To this end, a leading player in the built environment, and Vice President, International Real Estate Federation (FIABCI), Africa Chapter, Chief Kola Akomolede, has urged the Federal Government to look into the numerous problems in housing, if the President Muhammadu Buhari administration hopes to achieve shelter for Nigerians.

To do this, Akomolede said, the president must confront the high cost of acquiring land, building materials and finance.

The first step to achieve this, he explained, is to launch the War Against High Cost of Land (WAHCOL). This is by proposing a bill to first repeal the Land Use Act from the constitution and make it amenable to necessary amendments, warning that without this, the common man will continue to have little or no access to land.

Indeed, the Land Use Act is also a disservice to the Federal Government because even if it wants to provide houses for the masses, it has to beg the states to give it land and if any state refuses, there is nothing it can do about it.

Besides, he noted, the problem of Governors’ Consent, which had been an albatross against the transfer and perfection of title to land, should be addressed, because easy access to land is the first step towards enshrining affordable housing for the masses.

The high cost of building materials has also remained a huge problem for building construction. At the present price of major building materials, experts contend that there is no way affordable housing can be provided. Cement, which is a major component in building construction sells for about N2, 000 per 50kg bag.They argue that the government must look for ways to bring down the cost of cement and all other building materials.

To achieve this, Akomolede suggests that grants or very low interest rate loan could be given to cement manufacturers to expand their production capacities. He also said the removal of import duties on cement manufacturing equipment as was done for telecoms equipment and removal of excise duties on cement manufactured in the country would salvage the situation.

He said as an interim measure, the government should allow the importation of cement at duty free for the next two years to crash the price, after which it should be stopped as soon as the local manufacturers of the commodity have completed their expansion projects. The same measure should be applied to all other building materials in the country.

The role of finance in building construction cannot be overemphasised. Therefore, there is a reason to explore cheaper means of financing housing projects. To experts, tackling this menace to achieve effective housing delivery should be on two fronts. Firstly, government, must find a way to make finance available at affordable rates of interest as it is obtained in developed countries to both property developers and individuals who want mortgage to buy own a home.

In most developed economies, interest rates on mortgage is between three and five per cent, compared to between 18 and 24 per cent in the country. Sadly, by the time property developers add this to their cost of building houses, the houses cannot be affordable to the common man, thereby making it difficult for potential house buyers to meet the monthly or yearly repayment even on a long time basis.

“For example, the monthly interest alone for a loan of N5million at 18 per cent per year is N75,000. This does not include capital repayment. How many people can afford this in a country where the minimum wage is N18,000 per month? Yet, you can hardly get a house that will cost less than N5million” Akomolede said.

Importantly, stakeholders and experts in the building and finance agreed that there is an urgent need for government to set in motion the necessary machinery to re-examine the National Housing Fund (NHF). The NHF is believed to be a veritable vehicle for collection of money for mortgage but it has not been harnessed fully. To make the NHF work efficiently, it is advisable that experts in building, finance and law must be assembled to re-examine the law and remove areas of conflict in it and recommend how it can be implemented for the benefit of all.

“If government is asking workers to contribute two and a half per cent of their monthly income to the NHF, why can’t government itself (at the federal, state and local levels) show good example by contributing two and a half per cent of its revenue to the fund?

“It can then compel all companies to contribute two and a half per cent of their annual profits before tax to the fund. In this way the fund will grow from year to year and will provide sufficient fund for the mortgage institutions for on-lending to both property developers and individuals who want mortgage to build or buy a house,” the FIABCI Vice president argued.

However, government has not failed to make it clear that investment in housing is primarily the responsibility of the private sector. Government said the private sector should drive the process, while it only provides the enabling environment.

However, Akomolede disagrees, insisting that the Federal Government must accept housing as its social responsibility, especially to the middle and low income cadre. He averred that government must make budgetary allocations to the sector the way it does for education, health, agriculture, works, aviation, sports, and others. He insisted that housing is as important as all the sectors to which government makes huge allocations every year.

He said the private sector should be encouraged to provide housing for the public but regrets that experience over the years has shown that the private sector cannot provide housing for the low and middle income, which are the largest group in the society. This, he reckons, is because the private sector is in business to make profit and provision of housing for the low income is not a profitable venture. This, he said, makes it unattractive for the private investors to venture into. He argued that government cannot afford to leave housing for the common man entirely in the hands of the private sector as such an action will be laying the foundation for a housing crisis.

Akomolede warned the government against heeding the advice of the World Bank and International Monetary Fund (IMF) that housing should be left to the private sector, while the government concentrate only on creating the enabling environment for them to supply the housing needs by the society, because this has always been their position, which regrettably, has brought about the huge deficit in the country.

He said: “There has always been this argument that houses built by government are always more expensive because of the corruption usually associated with the award of contracts for the houses. The question we should ask is: Does this affect housing alone? Is there no corruption in the award of contracts for roads, schools, hospitals, airports, and others? If the answer is no, then should government also stop the construction of roads, schools, hospitals and airports and leave them for the private sectors only?”

Akomolede added that the belief that houses built by governments are more expensive cannot be substantiated, because private developer houses are much more expensive given that they will factor in, the cost of finance and their profits, making the houses to be priced in several millions and not affordable to the masses.

Therefore, he said, governments cannot leave affordable housing for the low and middle income to the private sector only, because doing so would mean the government is abdicating its responsibility of providing decent accommodation for its citizens.

‘If the government is asking workers to contribute two and a half per cent of their monthly income to the NHF, why can’t government itself (at the federal, state and local levels) show good example by contributing two and a half per cent of its revenue to the fund? It can then compel all companies to contribute two and a half per cent of their annual profits before tax to the fund. In this way the fund will grow from year to year and will provide sufficient fund for the mortgage institutions for on-lending to both property developers and individuals who want mortgage to build or buy a house’

June 23, 2015
Conference votes to retain Land Use Act in constitution

Delegate to the National Conference resolved yesterday to retain the Land Use Act in the constitution.

A special committee, comprising leaders of the geo-political zones and other selected delegates, handled the contentious argument on whether or not the Land Use Act should be removed from the constitution.

The argument of those who wanted the Act retained in the 1999 Constitution was based on the belief that it would give room to oligarchs to the takeover of lands, which the Act has placed under the government as the intervening body.

Promoters of the argument noted that since land is not a renewable commodity, it should not be left at the mercy of speculators. They argued that removing it from the constitution would be discriminatory and unjust to the poor.

The proponents also argued that removing the Act from the constitution would create a dichotomy.

But the promoters of the retention of the Act in the constitution feared that the removal would amount to a grand design for the rich to buy land at cheap prices, a situation they said would lead to crises that cannot be managed.

Those opposed to its retention argued that though the Act should remain a law, it should be removed from the constitution to make it easy for amendment.

They argued that at present, amending the Act through the constitution has become too cumbersome and that in other countries, land tenure is universal while governments nearest to the communities serve land tenure better.

They complained that government have taken peoples land and have refused to pay compensation.

They insisted that since the promulgation of the Act, access to land had remained a major problem, thus hindering economic development.

The opponent said the power of compulsory acquisition vested on governors has been, in most cases, used arbitrarily without the payment of adequate compensation to land owners.

The committee noted that both sides of the argument were convincing; unfortunately, none of them agreed with the other and no side agreed to back down.

In its decision, which was accepted by the conference, it was noted that the Act would be retained in the constitution while certain amendments would be carried out in certain sections of the Act.

July 10, 2014