A new order is
gradually unfolding in Lagos State. It first stemmed from the determination of
the state Governor to deepen the rule of law. It also emanated from the need to
promote social justice across the state. It was equally inspired by Ambode to
make Lagos the first destination for foreign investors and a centre of
attraction for all categories of tourists.
This resolution
explained the rationales behind the enactment of Lagos State Property Protection Law and Lagos
State Neighborhood Safety Corps Law, which
concomitantly came into force on August 15, 2016. This legislation was enacted
to address the challenge of land grabbing, which Gov. Ambode argued, had
cost thousands of residents their life-time savings and compounded the state’s
ease-of-doing-business record. For the Governor, “the state’s
ease-of-doing-business record is not good enough to realise our vision of
making the state a true investment and tourist destination.”
Driven by this
vision, Gov. Ambode
promptly set up a Special Task Force on Land Grabbers just after he took up the
rein of power in 2015. And the taskforce was set up with a definite mandate,
which the state Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem,
ascribed to the need to arrest the menace of land grabbing and protect the victims
of such acts pure and simple.
As well, Gov. Ambode
was not oblivious of what the trend had been costing the state per annum.
Findings from different institutional researches showed that land grabbing had
been a source of disincentive for local and foreign investors in the state.
Hence, He said, it becomes imperative to protect their interests and ensure
social justice where those interests are unlawfully undermined.
Already, the State
House of Assembly had passed the law, which earned public approval statewide.
Subsequently, Gov.
Ambode assented to it, which created anxiety and
disquiet in the rank of land grabbers. Also, enforcement had kicked off with
some suspects now standing trial before different courts. In some parts,
however, land grabbers are still on the prowl against the provisions of the
law.
However, the
governor is not wielding the sticks of enforcement alone. No doubt, Gov. Ambode
had not left any stone unturned with respect to enforcement. But he had equally
created a window for robust engagement with critical stakeholders – royal
lineages, land-holding families and individuals among others, which Kazeem described as the second phase in
the enforcement of the law.
As the Attorney-general
said,
Gov. Ambode
had
directed the Office
of Civic Engagement and Special Taskforce on Land Grabbing to
meaningfully engage all stakeholders district by district and division by
division. And the engagement was, first and foremost, designed to educate and
enlighten all the stakeholders on the provisions of the state’s anti-land
grabbing legislation.
Also, Gov. Ambode
seized the forum with stakeholders to convey the commitment of the state
government to full enforcement. So, Chairman of the taskforce, Mr. Akinjide
Bakare said there would not be any sacred cow, citing Gov. Ambode’s
pledge “to uphold the rule of law and guarantee social justice.” For any
reason, he said, the state government will not entertain any breach or spare
any violator.
Specifically, Bakare
said the law “does not protect any traditional rulers if they are on the wrong
side of the legislation.” He added that the law stated that any traditional
ruler that engaged in land grabbing and other unlawful activities “will be
dethroned.” Likewise, the attorney-general said, the law will be enforced against
any violator irrespective of his/her social status.
“Our word is our
bond under the Ambode administration,” Kazeem said. He said this
was evident in the number of high profile land grabbing cases the state
government currently being prosecuted in different courts of competent
jurisdiction. He, therefore, said the state government “is determined to ensure
that people who acquired properties were protected from activities of land
grabbers.”
Under previous
regimes, he said, there was no specific legislation to effectively protect
different interests against land grabbers. Under different guises, he said,
people fell into the traps of land grabbers. Sometimes, he added, original land
owners became a victim apart from investors. So, he said, there shall be no
sacred cow because this government stands for justice, prosperity and security.
But the state
government had started creating awareness among different interests, royal lineages,
land-holding families, traditional rulers and individuals, on the provisions of
the law. As the Special Adviser on Civic Engagement, Mr. Kehinde Joseph
said, a number of public fora had been organised already on the provisions and
significance of the anti-land grabbing legislation.
Across the state, Joseph explained how the Ambode administration
has been creating awareness about the new regime. So, according to him, the
regime is not about stick alone. A window has been created for public
enlightenment and mediation where required. Apparently, he said, Ambode will
not take any decision without gainfully engaging all interests and
stakeholders. He said this inclination was in line with Ambode’s proclamation
to run a government of inclusion at all levels.
Joseph
thus explained what the situation was prior to the advent of the Lagos State Property
Protection Law on August 15, 2016. Before the new
regime, he said, acquiring property in the state was a nightmare, especially
from individual to individual. Likewise, he added, acquiring land from land
holding families, communities and royal lineages was fraught with fear and
uncertainty.
He said people could
not guarantee safety of their properties. In the same space, he explained,
forceful takeover and fraudulent conduct became rife in different parts of the
state. Aside, the special adviser noted that land grabbing became a syndrome,”
which according to him, the Ambode administration had put in place diverse
institutional measures to resolve.
Across all local
councils, the special adviser cited how many communities were ransacked and
property wantonly destroyed. He, also, lamented an unprecedented rate at which
land grabbers were invading parcels of land acquired by the state government in
the overriding interest of the public. Often, he said, land grabbers trespassed
with impunity and against public interest.
By implication, Joseph
said, a lot of people lost their lives as a result of this brigandage.
Likewise, he explained that people were denied access “to the property they
purchased with their hard-earned money. For these reasons, the Ambode
administration came up with the State
Properties Protection Law,” which he said, had started
checkmating the unlawful activities of land grabbers.
Conscious of the
need for effective enforcement, the special adviser said the Ambode
administration “has set up a Special Task Force on Land Grabbers,” which he
said, was designed “to incisively deal with individual or groups of individuals
that might be on the wrong side of the law. As citizens, it is our civic
responsibility to obey the law as ignorance of the law is no excuse.
“The state
government will not hesitate to wield the big stick against any person, however
highly placed in the state, who violates the law. Such individuals or groups of
individuals are undesirable in our communities. Our people deserve to live
peacefully and enjoy their property. Anything short of this is not acceptable
to the Government of Lagos State,” the special adviser said.
Consonant with the
state land reforms, however, Joseph emphasised the need for all land owners to
perfect the title documents of their property, which he said, would give them
outright rights over parcels of land they acquired. He asked them “to take
advantage of the land reforms to perfect their land title documents. It is
easier and faster now to obtain these documents.”
Apparently, the law
does not only recommend dethronement of traditional rulers and local chiefs,
who may run afoul of it. It equally recommends different sanctions, which range
from three-month jail term to ten-year jail term, which Gov. Ambode
said, he was committed “to fully enforce irrespective of who breached the
legislation. We are committed to promoting the rule of law.
Without mincing
words, failure to observe the new regime will attract grave consequence, says
the attorney-general. So, he warned, no individual, family or community should
treat the new regime with levity and triviality. He said the state government
would enforce the law against any individual or group of individuals found
wanting of the law no matter how highly placed in the state.
Kazeem, therefore,
made a very critical observation about land grabbers, some of whom he said,
were being sponsored by highly placed individuals across the state, mainly
traditional rulers. Irrespective of their social status in the state, the
attorney-general said, any person that breach the law or engage in illegal
activities in any parts of the state would face the full wrath of the law.
He, thus, explained
the core objective of the State
Property Protection Law, which according to him, sought
to reduce to the barest minimum the activities of persons or corporate entities
using intimidation “to dispossess or prevent any person or entity from
acquiring legitimate interest and possession of property acquired through state
government or private transactions.”
For this purpose,
the attorney-general said Gov.
Ambode specifically set up the Special Task Force on
Land Grabbers to ensure enforcement of the State Government and Private
property Rights in the state and ensure proper coordination of the efforts of
the various agencies of the state government charged with enforcing the state
government’s rights overland in Lagos.
He disclosed
different punitive measures, which he said, would be awarded against any person
prosecuted and convicted of land grabbing. He cited Section 2(1), which
states that as from the commencement of the law, no one shall use force or
self-help to take over any landed property or engage in any act inconsistent
with the proprietary right of the owner in the State.
Pursuant to section 2(1),
also,
Kazeem
cited section 2(2) of the law, which specifically states that any person or
persons who have used force “to take over the properties of others and still do
so after 3 months from the date of commencement of the law commit an offence.
Anyone who commits such offence is liable to 10 years imprisonment.”
For those who use
threat or violence, the attorney-general said anyone without lawful authority
who applies threats or violence “to secure entry into any landed property for
personal use commits an offence. Regardless of if the entry is lawful, it does
not give a right to use threats or violence and anyone who commits the offence
shall be liable to 10 years imprisonment.
As enshrined in section 3(4)
of
the law, the attorney-general said any person or groups of persons who resort
“to the use of fire arms or offensive weapons or is in any way armed or wounds
any person while committing the act of forced entry is liable to four years of
imprisonment.” He, therefore, said the state government “is committed to
unalloyed enforcement of the law.”
Already, the law has
created a relative order statewide, says Mr. Oyebanji Abuloye,
a public notary with interest in land matters. However, he argued, it is not
just about its enactment. Rather, he said Ambode’s administration had transited
its enactment to full enforcement, which according to him, was evident in the
number of land-grabbing cases currently being prosecuted in courts.
So, he believed,
there is much relief in the trench already. But Abuloye wants the state
government to work with the police. He cited different cases he had handled in
the state recently and land grabbers worked hand-in-hand with the police to
carry out nefarious activities. While he endorsed Ambode’s anti-land grabbing
initiative, he sought strategies to contain excess of the police.
Just after Gov. Ambode
signed the law, Mr.
Dele Oloke, Chairman of the Nigerian Bar Association (NBA),
Ikeja Branch, endorsed the anti-land grabbing initiative, which he said, had
started curbing the illegal activities of land grabbers and their sponsors. Sad
enough, he said the sponsors of land grabbers are sometimes respectable persons
in the society and often circumvent the law.
Oloke,
thus, believed the law had already reduced “to barest minimum the activities of
persons or corporate entities who use force and intimidation to dispossess or
prevent any person or entity from acquiring legitimate interest and possession
of property acquired through state government or private transactions.” If
enforcement is sustained, he said, there is an end in sight to land grabbing.
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