TABLE OF CONTENT
TITLE PAGE
APPROVAL PAGE
DEDICATION
ACKNOWEDGEMENT
ABSTRACT
TABLE OF CONTENT
CHAPTER ONE
1.1 INTRODUCTION
1.2 OBJECTIVES OF STUDY
1.3 SCOPE OF STUDY
CHAPTER TWO
2.1 LITERATURE REVIEW
2.2 JUSTIFICATION FOR THE RESEARCH STUDY AND METHODOLOGY
CHAPTER THREE
RESEARCH METHODOLOGY
3.1 LAND POLICY
3.2 THE LAND USE ACT
3.3 GENERAL PROVISIONS OF THE LAND USE ACT
3.4 SOME OF THE PRESUMED OBJECTIVES OF THE LAND USE ACT ARE AS FOLLOWS
3.4.1 APPLICATION FOR A RIGHT OF OCCUPANCY
CHAPTER FOUR
HOUSING DEVELOPMENT IN NIGERIA
4.1 THE PUBLIC SECTOR CONTRIBUTIONS
4.1.1 PRESENT HOUSING POLICY OF THE LAGOS STATE GOVERNMENT
4.2 OPERATIONS OF PUBLIC HOUSING AGENCIES IN LAGOS STATE
4.2.1 LAGOS STATE DEVELOPMENT AND PROPERTY CORPORATION (LSDPC)
4.3 LAGOS BUILDING INVESTMENT COMPANY (LBIC)
4.4 PRIVATE SECTOR CONTRIBUTIONS IN HOUSING DEVELOPMENT
4.5. LAND LAW AND HOUSING PROVISION AND PROPERTY DEVELOPMENTS IN LAGOS
CHAPTER FIVE
5.1. SUMMARY OF FINDINGS
5.2. CONCLUSION
REFERENCES
ABSTRACT
We have watched over the decades the problems encountered in acquisition of land and subsequently inobtaining the approval of certificate of occupancy and property development in Nigeria. In the commencement of theLand Use Act 1978, it was stated that “whereas it is in the public interest that the rights of all Nigerians to theland of Nigeria be asserted and preserved by law”. Our concern is not really another criticism against the Act butan in-depth evaluation of how it has achieved its aim if any in the mass provision of housing to the people. That is, where lays the hope of the masses in the current wave of high cost of acquisition of land? It should be noted that one of the cogent reasons why the Act came into existence was because of the nature of trusteeship of land in the past; it was difficult for just anyone to get access to land. Could we now say it is very easy for just anyone to get access to land? Therefore, this research paper critically re-examined in-depth the motives behind the actvis-à-vis the present realities and the implication on housing provision and property development; evaluate the achievements realized so far in terms of implementation since the promulgation of the act and ways to facilitate and sustain housing delivery; and review the areas of bottlenecks and suggest possible ways of ameliorating the identified problems.
CHAPTER ONE
1.1 Introduction
Today, if you buy land in Nigeria and you do not have the Certificate of Occupancy (C of O) from the government, it is not yours, all you have is a lease, that is, you never have a freehold. You cannot even haveaccess to any loan or do anything tangible if you do not have fund of your own, not even the National HousingFund which was set up by the government to render such assistance. Yet the Certificate of Occupancy is evenmore difficult than getting the land itself. All efforts by some State Governments especially the Lagos Stategovernment to ease the procedure and collection have been described as mere gimmicks. We have heard seriesof cases where Governors wield their powers to revoke legally acquired rights of occupancy in the interest of thepublic, whereas it was obvious that they were done on political reasons especially against oppositions. Theformer President of the federation Gen. Olusegun Obasanjo who was the author of the Act when it was promulgated during his firstmilitary administration had to reassure Nigerians on 26th of September 2001 in Abuja that “no government ownsland” and that “land belongs to the people”. Thisstatement was made when he was condemning the excesses ofthe Governors. As stated above, since it is a known philosophy that laws are made by men for men and areoperated, implemented and enforced by human beings through various legal institutions, our concern is how the
Act has helped in the housing scheme.
Several controversies that were created by the Act have been well documented in different reactions andwrite-ups (Oduniyi, 1981; Megbolugbe, 1983; Udo, 1990; Onibokun, 1985; 1990; Ayeni, 1991; Tobi, 1997;Mabogunje, 2007; 2011; Aluko, 2009; 2010). Mabogunje (2007; 2011) and Aluko (2007; 2009; 2010) dealtexcessively on the gory state of affairs about the housing situations in Lagos State in particular and Nigeria ingeneral and how it could be sustained. In this research paper, we try to examine the effects if any, that the LandUse Act has had on the aspect of housing provision and property development in Nigeria. Since one of the major areas of the Act is tocontrol future uses and open new land for the needs of Nigeria’s growing population especially in urban areas,yet there is still the outcry of the people to affordable housing provision and property development. In Lagos State the municipalities (localgovernments) have no say in the issue of Certificate of Occupancy as all lands in the State has been declaredurban and are all under the control of the governor.
Whereas in the commencement of the Land Use Act 1978 No. 6 on 29th March, 1978, it was stated that “whereasit is in the public interest that the rights of all Nigerians to the land of Nigeria be asserted and preserved by law”.
And that “…all lands comprised in the territory of each State in the Federation are hereby vested in the Governorof the State…” The Act also provides that “all land in urban areas shall be under the control and management ofthe Governor of each State”. Our concern is not really another criticism of the Act but an in-depth evaluation ofhow it has achieved its aim if any in the mass provision of housing to the people. That is, where lies the hope ofthe masses in the current wave of high cost of acquisition of land? It should be noted that one of the cogent
reasons why the Act came into existence was because of the nature of trusteeship of land in the past. It was
difficult for anyone to get access to land. Could we now say it is very easy for anyone to get access to land?
1.2 OBJECTIVES OF STUDY
The main objective of this work is to critically effects of Land Use Actits implication on housing provision and property development
1.3. SCOPE OF THE STUDY
The Effects of Land Use Act on Housing and Property Development in
Nigeria, Case Study Lagos State.
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