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Lagos State and the land decree
SIR: I read with dismay in (The Guardian of Monday, November 13, 2000), the public notice by Lagos State Government on Osborne Road, Foreshore and other lands affected by Decree 52 of 1993. The publication claims that by virtue of the decision in suit no FHC/L/CS/669/95 between HRH Oba Yekini Adeniyi Elegushi (the Elegushi of Ikate land and Ors Vs Attorney-General of the Federation and Minister of Justice & Ors "all acts purported done pursuant to the Decree and all interests conveyed there under are null and void". My first feeling when I read this, is that it is an unfortunate publication. How is a bona fide allottee who bought and paid in good faith directly to the Federal Government which was at1995 going for N5,000,000 (official) for an average plot of 1,200 square metres be compensated. The retail value at that time on the secondary market went up to N8 million-N10 million. (Note at that time the dollar was about N50-$1). The allottee now starts to build with heavy raft foundation and mounting construction costs, only to wake up one morning to read that his allocation has been revoked! It is enough to cause a cardiac arrest. In the light of the Federal Government policy about foreign investments in Nigeria and claiming that the climate is improving for foreigners to bring in the foreign exchange for investments, this kind of publication is a major deterrent to such. I have just prepared a proposal for some foreign companies based in England that wish to build housing units in Nigeria with a focus on medium and upper income earners in highbrow areas. Would the legal consultant advising them that the climate and governmental policies are suitable for such an investment not be at risk in giving such an advice? Credibility and good will, being the bedrock of our profession, is also at great risk following such publication. My questions are: Is the Lagos State Government did not act prematurely in issuing this publication, having regard to the fact that the decision is that of the Federal High Court? Are the Courts of Appeal and the Supreme Court being appellate courts ousted in their jurisdiction to adjudicate on the matter? Is this the final decision on the matter? Does this kind of publication not make it now imperative to revisit the true intent of the Land Use Act? We should know the true intention of the Federal Government and state governments on the issues related to acquisition of land in Nigeria. It has been my experience that when people want to acquire land to build their houses the greatest and most important thing on their mind is that "will I have a tidy title on this land?" Some people will not touch the area once they understand that the title is in dispute. Who wants to put money on a piece of land that will be subject to litigation for years on end? My advice to intending property buyers had always been that the safest land to buy is government land. You can't go wrong with the government. Your title is unimpeachable. I would brandish a Certificate of Occupancy in front of them and tell them that once they buy government land they can go to sleep. Well I can't say that now, can I? In light of the Lagos State government publication it is an understatement to say that it makes me really uncomfortable. I would really like the government to take a definite stand on these issues. There is no security where government policies especially with regards to land acquisition are unstable. Not only is there no security, it puts professionals like me who are trying to make a decent living in serious jeopardy.
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