LEGAL ADVICE ONLINE ON FAMILY LAW, PROPERTY LAW AND BUSINESS LAW IN NIGERIA

The Legal Adviser Online provides legal advice to Nigerian Families, Property Owners and Entrepreneurs.

• Legal advice on Family Law on marriage, divorce, child custody, child adoption, child abuse and child maintenance
• Legal advice on Property Law to property owners and prospective property purchasers or buyers
• Legal advice on Business Law to entrepreneurs or prospective entrepreneurs

Chat with Akintunde Esan: The Legal Adviser Online on Whatsapp @ 08073828487 or call 09036279325

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 

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Akintunde Esan Managing Partner/Principal Consultant ASE OLODUMARE CHAMBERS Legal Practitioners/Consultants & Chartered Mediators No.5, Musa Akor Close, By Akin Osiyemi Street, Off Allen Avenue, Ikeja, Lagos. Tel:        +234 (0)7039856215 Mobile:  +234 (0)8073828487 E-mail:    info@aseolodumarechambers.com Website: www.aseolodumarechambers.com     Blog: Akintunde Esan’s Legal Illumination   Click to also view: GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA

Court Declares Marriage Certificates Issued by Local Governments in Nigeria as Illegal

A Lagos High Court has barred Local Government Areas from conducting marriages across the country. The Court, in a judgment, declared that the Local Government Unified Marriage Certificate was unknown to law and therefore unconstitutional, null and void.

A Certified True Copy of the judgment by Justice I. O. Harrison of Court 37, General Civil Division of the Lagos Judicial Division, dated May 15, 2017, in Suit No. LD/1343GCM/2016, was obtained by our correspondent on Sunday in Abuja.

The Plaintiff, Olamide Babalola, representing himself and other recipients of modified marriage certificates from the Local Governments, had dragged the Ikeja Local Government and Registered Trustees of Association of Local Governments of Nigeria before the court over the modified marriage certificate issued by the first and second Defendants.

The Plaintiff had sought a declaration that the first Defendant did not have the powers to issue modified or customised marriage certificates different from the one provided in Form E under Section 24 of the Marriage Act Laws of Federation of Nigeria,1990.Babalola also prayed for a declaration that the second Defendant’s Local Government Unified Marriage Certificate was unknown to law and unconstitutional.

He equally wanted a perpetual injunction restraining the defendants, their agents, officers, employees and representatives from further issuing modified or altered marriage certificates apart from the form as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN, 1990.

Harrison, in her judgment, declared that the first Defendant did not have the powers to issue modified or customised marriage certificates different from the one provided in Form E under section 24 of the Marriage Act. She held that:

“The court thus orders as follows: a declaration that the second defendant’s ‘Local Government Unified Marriage Certificate’ is unknown to our law, unconstitutional, null and void."

“A perpetual injunction, restraining the defendants their agents, officers, employees and representatives from further issuing modified or altered marriage certificates apart from the form as provided under Form E (1st schedule) and Section 24 of the Marriage Act, LFN, 1990.

“A perpetual injunction, restraining the second defendant, their agents, officers, employees and representatives from further issuing Modifiìed Local Government Unified Marriage Certificates.”

Citing Imunze vs Federal Republic of Nigeria, 2014 LPELR 22354 (SC) and Odogwu, 2006 Nigeria Weekly Law Report, (Part 975) 65, Harrison stated that while registration of marriage is regulated by Local Government being under the concurrent list, formation of marriage is under the exclusive list within the domain of the Federal Government regulated by the Federal Ministry of Internal Affairs-item 6 of 2nd schedule of 1999 constitution.

The Judge pointed out that a marriage had been declared invalid by the Supreme Court on the grounds that it was not in line with Form E as provided by the Marriage Act.“It is thus trite that the Local and State Government cannot make separate arrangements outside that provided for in the Marriage Act, that is Form E,” Harrison ruled.

The Court however added that the marriages conducted by Local Governments and issued with the certificates, which are not in conformity with Form E, “will by virtue of Section 34 of the Marriage Act be regarded as good and valid in law to all intents and purposes.” It “believes that there should be a re-issuance of the proper certificate to all persons in possession of the ‘invalid’ certificates.”

The judgment read in part, “The court will further consequentially order that all such modified marriage certificates issued by the first and second Defendants be surrendered to the appropriate local government where the marriage was conducted and appropriate certificate, in line with Form E, should be reissued to the claimants herein and all other concerned persons.”

The Judge said the second Defendant and its branches issued their own form known as the Local Government Unified Marriage Certificate, which was also issued to the Claimant by the first Defendant.

Following the judgment, the Federal Government has written to the various embassies in the country not to recognise marriages conducted by local governments.A director in the Ministry of Interior, who spoke on condition of anonymity, said the Embassies were asked not to issue visas to applicants with Local Government marriage certificates in line with the Court order.

“Most of the marriages conducted by local government registries are sham and were merely used to obtain visas by desperate Nigerians. We have written to the Embassies not to give out visas based on such marriage certificates,”  he said.

The Director of Press, Ministry of Interior, Willy Bassey, described the court judgment as a welcome development, which he said had put paid to “the illegal acts by the Local Governments.”

Copied  from the Punch newspaper @ http://punchng.com/court-declares-lg-marriage-certificates-illegal/

Click to also view:  

GROUNDS FOR GRANTING DIVORCE IN COURT IN NIGERIA

CUSTODY OF A CHILD: WHAT THE COURT WILL CONSIDER IN AWARDING CUSTODY OF CHILDREN IN NIGERIA