THE LEGAL RULE GUARDING THE DEMOLITION OF PROPERTIES BY THE GOVERNMENT IN NIGERIA.

Professor Tunde Ashola likened the demolition of houses to the cutting and dismembering of the part of a body. This definition imparts emotional weight to the dismantling of properties.

Properties generally include tangible assets such as lands, buildings, cars etc. This article will be focused on buildings.

The demolition of properties in Nigeria have become a heightened worry amongst residents. 600 houses were demolished at Festac Avenue in Lagos, by the Federal Housing Authority. Kaduna experienced the demolishing of 160 houses by the government. We can only envision the resident’s disorientation and sadness undergone due to the act.

The question now is, does the government have any legal right to continue this demolition, if they do, in what circumstance and to what level are the citizens entitled to compensation, if they don’t, on what legal grounds can they be sued?

It is trite to know, that the law governing lands and properties in Nigeria is the land use act of 1978. This act vests all lands within Nigeria in the Governor of the state, who hold the land in trust for the people and is responsible for its allocation in urban areas, while the local government has similar powers in non-urban areas.

Answering the first question on whether the government has the legal right to demolish properties, I will be referring to part V section 28(1) of the land Use Act 1978, which gives the Governor the right to revoke a right of occupancy FOR OVERRIDING PUBLIC INTEREST; Demolishing must be for the interest of the public.

Overriding public interest is defined in alienation with statues, customary law and military administration.

Section 29 of the land use act provides that the occupier is entitled to compensation up to the value of the land in the year of revocation. This right is also entailed in section 44 of the constitution of the Federal Republic of Nigeria.

Another reason why houses may be demolished is because of their illegality,

Most Nigerians acquire lands that already belong to the Federal Housing Authority of the state, therefore when it is time for use, this authority has the power to take over such land. In such cases, victims are disqualified from compensation, except in events where the occupier can sue the seller for deceiving him about the state of the land.

Low standard buildings are also illegal; buildings that are prone to collapse or flooding. An example could be seen in the demolition of a 4-story structure in Festac extension estate, because it was awaiting collapse.

To ensure that a resident is compensated, he must comply with the rules of land ownership. The certificate of occupancy must not be obtained from indigenes because it is illegal and can lead to an illegal building. This certificate is usually issued by the state governor, in accordance with section 9 of the land use act. A person must pay all his required land dues and ensure that the land design is approved by the government and suitable for the location,

When all these is complied with, a person can be entitled to compensation and can seek justice.

Answering the second question on whether Government demolition can be illegal and on what ground they can be sued, I will be referring to the words of Senior advocate of Nigeria, Femi Falana, who stated that the government should follow due process in the demolition of properties.

Within a reasonable timeframe, the Government ought to notify the occupants of its intention to demolish the property. If this is not done, the resident can sue for wrongful demolition and is entitled to damages.

Also, a citizen can commence an action against the government if they do not issue the required compensation for the demolition.

In conclusion, the demolition of properties by the government can be lawful and unlawful depending on their adherence to due process. It is advisable for citizens to comply with the laid down rules for acquiring a property to ensure full coverage under the legal umbrella when issues regarding demolition arises.

ASANYA STEPHANIE.

UNIVERSITY OF CALABAR.

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