NINE PROHIBITED WAYS TO OWN OR POSSESS A LAND

This edition of the Legal Illumination of Akintunde Esan known as (The Legal Adviser Online) is focused on the illegal, violent and fraudulent land possessions and land grabbing and related activities prohibited under the Lagos State Property Protection Law referred to as “the Law”.

The Law was enacted on the 15th day of August, 2016 to address issues like forceful entry, illegal occupation of landed property, violent and fraudulent conducts in relation to landed properties in Lagos State. 

The following are the illegal, violent and fraudulent land grabbing or land  possession conducts prohibited under the Law. 

1. Prohibition of Forceful Land Take Over:

a. It is a criminal offence for any person to use force or self-help to take over any landed property in Lagos State. The offender is liable to ten (10) years imprisonment, if found guilty.

b. It is a criminal offence for any person to engage in any act inconsistent with the proprietary rights of the owner of a property. The offender is liable to ten (10) years imprisonment, if found guilty.

2. Prohibition of Entry by Violence:

a. It is a criminal offence for any person without lawful authority to use or threaten violence for the purpose of securing entry into a landed property. The offender is liable to ten (10) years imprisonment, if found guilty.

b. A person’s right to possession or occupation of a property does not constitute a lawful authority for the use of threat of violence for the purpose of securing entry into the property. The offender is liable to ten (10) years imprisonment, if found guilty.

c. Any person who makes use of or carries any firearms, offensive weapons or obnoxious or chemical materials to gain or make a forceful entry into any landed property in Lagos State  is liable to four (4) years imprisonment, if found guilty.

3. Prohibition of Illegal Occupation of Property:

a. It is a criminal offence to occupy a property without the owner's consent or overstaying after lawful permission expires. The offender or encroacher who refuses to vacate after being asked by the owner is liable to a fine up to five million naira (₦ 5 million naira) or imprisonment for up to five (5) years, if found guilty.

b. Note that any person who derives title from an encroacher or a license or right given by an encroacher is also deemed under the Law as an encroacher. 

c. It is an additional criminal offence for an encroacher to be in possession of a firearm or a weapon. The offender or offender is liable to ten (10) years imprisonment, if found guilty.

4. Prohibition of Illegal Use of Law Enforcement Agents:

a. Prohibits law enforcement agents, vigilante group, militia from executing judgement of a Court in respect of any landed property except as provided for under the Sheriff and Civil Processes Act or any other Law.

b. It is a criminal offence for any Legal Professional or any professional to facilitate the execution of a landed property judgment without following due process as provided under the Sheriff and Civil Processes Act or any other Law.

5. Prohibition of the Sale of Landed Property without Title or Authority:

a. It is a criminal offence for a person to offer for sale or sale any property which a person has no lawful title to the property or the lawful authority of the owner to sale or offer the property for sale. The offender or vendor is liable to five (5) years imprisonment or a fine of five hundred thousand naira (N 500,000) if found guilty.

 

b. It is a criminal offence for a person to sell to another person a landed property that has been previously sold by the person or agent of the person. The offender or vendor is liable to a fine not exceeding 100% of the value of the property or to five (5) years imprisonment or both, if found guilty and the property shall revert to the lawful owner.

6. Prohibition of  the Sale of Family Land or Property without Authority:

a. It is a criminal offence for any person to sell or cause to be sold a family land, property or any part of it without the consent or authority of the family head and other accredited members of the family. The offender or vendor is liable to twenty-one (21) years imprisonment. if found guilty.

7. Prohibition of Illegal and Fraudulent Landed Properties Contractual Agreement:

a. It is a criminal offence for any Legal Professional to facilitate the execution of a Deed of Assignment or Deed of Transfer or Lease or any landed property contractual agreement in contravention of the Law. 

b. Where a Legal Practitioner is found guilty under the Law, the offender shall be reported to the relevant professional body for professional misconduct and necessary action.

8. Prohibition of Frivolous and Unwarranted Petition:

a. The Law prohibits the writing of frivolous and unwarranted petitions to any Law Enforcements Agency

b. Presenting false documents to claim ownership is prohibited, with penalties including imprisonment.

9. Prohibition of  Demand for Fee or Levy in respect of Construction Activities:

a. It is a criminal offence to demand for fee or levy in respect of construction activities on any property, disrupt or obstruct construction work. The offender is liable to two (2) years imprisonment or a fine of N 1,000,000 (one million naira) years, if found guilty.

b. However, the Law permit land owning families under the authorisation of the family head to demand for customary fee for possession (in the name of foundation levy) from buyers, or ratification fee pursuant to judgment of a Court of competent jurisdiction.

Task Force and Enforcement Unit

a. The Law did not just criminalise the use of thugs to intimidate occupants or seize property, it went further to establish a Task force Unit responsible for the enforcement of the Law with the aim of protecting property owners and investors from harassment, exploitation, and intimidation by land grabbers.

b. This Task Force Unit receives and handles Complaints and Petitions involving land grabbing from affected landed property owners. 

c. The Task Force Unit has the power to effect the arrest of any offender under the Law as well as any other law enforcement agency in Lagos State.

Mandatory Court Order for Eviction:

a. Given that, it is both a civil and a criminal offence to use self-help or force to take over the possession of a landed property from any person in possession, the eviction of anyone or a trespasser or a squatter or an illegal occupant in possession of a landed property must follow the due process of the law, which is applying for an eviction order from a Court of competent jurisdiction.

b. You may contact “The Legal Adviser Online” (Akintunde Esan) for further legal illumination or legal advice on how to legally evict an illegal occupant or occupants of your landed property in Lagos State and in Nigeria as well as on how to write a Complaint or a Petition against a land grabber or an illegal occupant under the Law.

Email: akintundeesan@gmail.com

WhatsApp: + 234 - 08073828487

Phone Contact: + 234 - 09036279325 

CLAIMING DEATH BENEFITS OF A DECEASED EMPLOYEE IN NIGERIA

A. Introduction

This edition of Akintunde Esan’s Legal Illumination is focused on providing legal illumination for the next of kin, beneficiaries, dependants or legal representatives of deceased employees having challenges with claiming their death benefits.

B. The Relevant Laws

The claiming of death benefits of deceased employees/workers in Nigeria is subject to the provisions of Nigerian Labour Law, Insurance Law, Employee's Compensation Law and Administration of Estate Laws. 

C. Employee’s Death Benefits

The Death benefits of a deceased employee for the purposes of this legal illumination are all the benefits that, accrued or accrues to an employee by virtue of his or her employment as at the time and date of his or her death, which his or her next of kin, beneficiaries, dependants or legal representatives are legally entitled to claim. 

These benefits could be one or more of the following: outstanding salaries, bonuses and allowances, pension and retirement fund, insurances, compensations, reimbursements, material entitlements, gifts and miscellaneous policy, contractual and statutory entitlements. 

D. Employment Contract and Death of an Employee

Generally, the Law which regulates the terms and conditions of employment in Nigeria is the Labour Act. 

The Act provides that, a contract of employment becomes terminated by the expiry of the period for which it was made; or by the death of the worker before the expiry of that period; or by notice in accordance with section 11 of the Labour Act or in any other way in which a contract is legally terminable or held to be terminated.1 

The termination of a contract by the death of an employee shall be without prejudice to the legal claims of his personal representatives or dependants.2 

Likewise, a contract of employment cannot be deemed to be binding on the family or dependants of an employee (dead or alive) unless it contains an express provision to that effect.3 

E. Compensation for the Death of a Deceased Employee

The Employee's Compensation Act 2011 provides compensation for death, injuries or disease arising out of or in the course of an employment. Where death results from the injury of an employee, the Act provides that compensation shall be paid to the dependants of the deceased.4

F. The Pension of a Deceased Employee

Generally, there are pension schemes designed to provide employees with a regular and stable income after retirement from employment and to also serve as benefits to the employee’s dependants upon his or her demise. 

The Law that governs and regulates the administration of the contributory pension scheme for both the public and private sectors in Nigeria is Pension Reform Act 2014 which repealed the Pension Reform Act No. 2 of 2004 (repealed Act).

  

The Act provides that every employee shall maintain a Retirement Savings Account (“RSA”) in his name with any Pension Fund Administrator (“PFA”) of his choice. The RSA is financed by contributions from both the employer and employee.5    

In the event of death, before or after retirement, the funds in RSA would form part of the deceased employee’s estate, the implication of which is that, it is only the personal representatives of the deceased which are either the Executors appointed by his or her will or Administrators who have obtained Letters of Administration from the Probate Registry of the High Court with the requisite jurisdiction that can make claims.

In essence, it is only the next of kin, dependant or beneficiaries stated in a Will admitted to Probate or recognised in a Letter of Administration as the beneficiaries of the estate of the deceased employee that would be entitled to claim the funds in the RSA.6   

G. Group Life Insurance Policy

Section 4(5) of the Pension Reform Act, 2014 provides that every employer shall maintain a Group Life Insurance Policy in favour of each employee for a minimum of three times the annual total emolument of the employee.

In the event of death, the entitlement of the deceased employee under the Life Assurance Policy does not accrue to the estate of the deceased employee and shall be paid by the Insurance Company directly to the named next of kin or beneficiary on record.

Section 8 of the Pension Reform Act, 2014 provides further that, the mandatory Group Life Insurance Policy prescribed under Section 4(5) of the Act shall be paid to the named beneficiary or next of kin of a deceased employee in line with Section 57 of the Insurance Act.7  Unlike under the repealed Pension Act.8

H. Administration of the Estate of a Deceased Employee

The law which regulates the Estates of deceased persons is the Administration of Estates Laws of the states of the federation of Nigeria, while the procedure for the grant of the right to administer the estate of deceased persons is governed by High Court (Civil Procedure) Rules of each state of the federation.

It is instructive to note that, the death benefits of a deceased employee accrues to his estate and under the Administration of Estate Law9 no beneficiary, personal representative, next of kin or dependant of a deceased employee is automatically entitled to claim from his or her estate without first applying for and obtaining Letter of Administration or probate if named as an Executor in the will of the deceased employee which makes reference to the said death benefit.10 

I. Conclusion

Sometimes misunderstanding on death benefits between the employer of a deceased employee and the beneficiaries of deceased employee may result into reluctance of the employer to release the benefits to them. 

Equally, lack of understanding among the beneficiaries themselves seeking to claim the death benefits may degenerate into a crisis, confusion and stiff resistance from employers, siblings, surviving spouses, step fathers, step mothers, relatives and other interested parties.

At such a juncture, the intervention of a competent and resourceful Lawyer sound in Nigerian labour law, insurance law, pension law, property law and administration of estate law becomes inevitable in order to get the relevant issues sorted out.

You may contact Akintunde Esan (the Legal Adviser Online) or Ase Olodumare Chambers for further illumination on how to claim the death benefits of a deceased employee or benefactor and on how to obtain a Letter of Administration or Probate in Nigeria.

CLAIMING DEATH BENEFITS OF A DECEASED EMPLOYEE IN NIGERIA is a legal illumination of AKINTUNDE ESAN known as The LEGAL ADVISER ONLINE. Akintunde Esan is the Managing Partner & Principal Consultant @ ASE OLODUMARE CHAMBERS (Legal Practitioners/Consultants & Chartered Mediators)

________________________________________________

1.    Section 9 (7) ) Labour Act

2.   Section 9 (8) ) Labour Act

3.   Section 9(1) Labour Act

4.   Section 17 Employee's Compensation Act, 2011

5.   S.3 and 4 Pension Reform  Act, (PRA)2014

6.   S.8 PRA,2014

7.   Insurance Act 2003, Cap. N53 LFN vol. 7 2004 “A policy of insurance shall not be made on the life of a person or other event without inserting in the policy the name of the person interested in it, or for those whose benefit or on whose account the policy is made.”

8.   Pension Reform Act No. 2  2004

9.   Lagos State Administration of Estate, Laws of Lagos State,2015

10. Ironbar v. Federal Mortgage Finance. (2009) 15 NWLR (Pt.1165) CA 506 at 533, paras, B-F