Government and the menace of land grabbing

Considering the wide havoc that land grabbers and speculators have visited on hapless citizens across the country, it is high time all governments, both federal and state, came together to tame what has become a monster. It is indeed shameful that the problem of land grabbing and its attendant desperation, leading to high criminality including murder, has been allowed to fester, with various state governments only attending occasionally to crises generated over land; and even then, after huge casualties have been recorded. This lethargic approach does not portray government in a responsible light, more so when the law, specifically the Land Use Act, vests ownership and control of land on state governors. The law may indeed be inadequate in many respects, given the traditional, cultural and legal intricacies surrounding land in the country.

While a review of the land law is recommended to address identified lapses, there are enough provisions under the law and various other enactments on land that empower the government to deal appropriately with land grabbers. What is glaringly missing is the will by the government to promptly attend to disputes over land, thus enabling victory not necessarily to the legally entitled party, but to the fittest and most resourceful who can amass the greatest violence. This is unacceptable in any civilised clime.

Across the country, there are sad tales of citizens who have fallen victim to the lawless and deleterious activities of land grabbers and speculators, who take advantage of government’s slow response to unleash mayhem and destroy citizens’ properties and investments. The activities of these speculators have reportedly caused landowners a loss of not less than N500 billion in investments made over the years. In Lagos State alone, 7,000 land-grab petitions have been submitted to the task force in the state since 2016. Only 350 have been resolved. In other states, the disputes get bloody, as in the case of Ogun, where the Whanse Gbantehu of Ipokia Local Council, a title holder was murdered in his home at Onadilogun village allegedly over land disputes.

According to housing experts, the rampant nature of the activities of land grabbers has led to a rise in the housing deficit in the country, as a significant portion of land is said to be in the hands of these land bullies. Citizens who dare to invest in land, in the hope of building houses are often frustrated and left without compensation or intervention by the government.

This menace has been around as far as history recollects. To give the government legal ground to put a stop to it and also administer land safely and transparently, the Land Use Act (2004), formerly known as the Land Use Decree of 1978 was put in place. The Act vests holding of land in the government, in trust for the people. The Act intended to address challenges posed by different land tenure jurisdictions across the country, to streamline management of land resources and help in regulating ownership as well as promoting efficient use of land.

The Act further vests control of land within the territory of each state in the governor, to manage for residential, commercial, agricultural or for any other purpose that is in the overriding interest of the public. Governors are therefore empowered by the Act to take responsibility for land allocation, particularly in urban areas. Local government administrations are empowered to manage land allocation and use in rural areas under states’ supervision.

To avoid indiscriminate sales, transfers or leases, the Act provides for proper documentation, such that central data is managed for land allocation. The Certificate of Occupancy (C of O) to be issued by the governor is to be the only instrument that confers ownership and proof. Where the government encroaches on land to override public interest, the Act recommends fair compensation to owners.

However, more than 40 years after the promulgation of the Land Use Act, cases of land grabbing remain rampant. Investigations show that of every 100 cases in court, chances are that 10 of them are land-related, especially in states such as Lagos, Ogun, Oyo, Anambra, Ekiti and the Federal Capital Territory. In some cases, lives are threatened and properties destroyed as speculators hire military and other service personnel to illegally enforce ownership.

It suffices to say that the Act has not provided a solution to the challenges it was enacted to address. Many have called for a review of the Act. Certainly, there is a need for a review to make the law more effective, in protecting the lives and properties of citizens.

Some states have found other ways to combat the menace posed by land grabbers. In Lagos and Ogun states where illegal activities of land grabbers are more prevalent, the governments have made bye-laws to intervene. The Lagos government has the Property Protection Law of 2016 while the Ogun government has the Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti-Violent and Related Offences Law, also of 2016.

There are task forces in place to enforce these laws. Despite that these laws prohibit and criminalise the resort to self-help and forceful dispossession of disputed properties, with fines of N5 million or five-year imprisonment or both for offenders, in the case of Lagos, the menace has not abated. State governors can do better and take this matter of land administration seriously to avert further economic losses and loss of human lives. They should do proper auditing of land and promptly issue rightful owners the documents they need to take ownership. Those contesting land ownership should follow due process or be visited with the full weight of the law. It is observed that the bureaucracy on land matters in states is lethargic, convoluted and fueled by private interests and monumental corruption. This should not be allowed to continue because it slows development and mocks the ease-of-business campaigns mouthed by the government.

We equally urge those prospecting for land to engage professionals and carry out diligent searches at authorised land registries. Governors must ease the deliberate bottleneck that is associated with the issuance of title documents. They should not politicise land matters but use the resources for development and the good of all.

State governments as well as the Federal Government should promptly pay compensation to land owners as provided in the Land Use Act. Delay in payment of compensation often compels owners to resort to self-help. Let governments lead by example.

Governments, especially at the state level, should take up the challenge to ensure that extant laws on land administration are enforced to the letter. Where necessary, these laws should be reviewed periodically.