THE LAGOS-CALABAR COSTAL HIGHWAY

Political affiliation aside, it is this writer’s strong believe that deep down in their hearts, Nigerians, especially Lagosians are not happy with the demolition of the Landmark beach. The idea of living in Nigeria’s most economically advanced state is something an average Lagosian is proud of, and it is no secret that the Landmark beach contributes to the economic development of Lagos state, especially through tourism.

It was a beauty to behold, and a classic place for relaxation.

The truth is, there are lot of sentiments to this issue. There are those who believe that if the Landmark project was not on Government’s property (land), then the Government would not need to demolish it to make way for the Lagos-Calabar coastal highway project. While others believe that part of the building in question was on “right of way”. To them, this is simply the fault of the management of the resort. These are the set of people this writer wishes to address.

The Land Use Act 2004 has made it very clear that “all” lands, not some, but “all” lands in each State of Nigeria are vested in the Governor of the State and such land shall be held in trust and administered for the use and common benefit of all Nigerians.  Let me make this simple, the very land your precious building is standing on belongs to the State Governor, and all you have is statutory occupancy of the land, and not ownership of the land. So, yes, it is true that “certain locations” have been designated for Government (both Federal or State) purpose and “right of way”, that does not eliminate the fact that all lands in Nigeria belongs to the government.

The Act goes further in section 28 to empower the Governor to revoke the right of statutory occupancy of a land for reason of overriding public interest. For example, whenever the Federal, State or Local government requires the affected land for any project that would be beneficial to the general public such as building of national stadium, building of public schools, hospitals, etc.

So, the argument that the management of Landmark Resort are to blame for encroaching government designated area might not necessarily hold sway. This can happen to anybody, community, or organization. No one knows the future, no one knows when a government would come on board and say that the area you reside in, or an area you have invested so much in, is needed for the public good. And if indeed it is needed, then it goes down.

Can this power be abused? Surely yes. What power on earth cannot be abused by humans?  The truth is, this has made acquisition of lands really difficult, and this writer does not see this law changing anytime soon. This is because, the said law is enshrined in the constitution. To amend this law, one would first have to amend some provisions of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). For instance, section 44 of the Constitution states no immovable property or any interest in or any right over an immovable property shall be compulsorily acquired for overriding public purpose without prompt payment of compensation. In other words, “compulsory acquisition” by government is endorsed by the Constitution, just that compensation must be paid.

The only consolation that an average Nigerian has is the fact that land users can be compensated by the government when such lands are to be acquired. This also will only happen if the individual has his Certificate of Occupancy (C of O), and pays his Land Use charge/rent regularly (this is yearly) up to date. Most individuals after purchasing a land, or property, never bother, or rather, forget that they are to obtain the C of O and pay the charge.  They just proceed to erect a building. This is wrong on so many levels. If you are yet to get your Certificate of Occupancy, please speak to your lawyer urgently.

Getting the Certificate of Occupancy saves you a lot. First, the government will never grant a C of O for a “Government designated” area. The government will also not grant C of O for any land that is on “right of way”. PS: “Right of Way” is a legal right of passage over a property such as highways, streets, road, sidewalks etc. The honest truth is that, most times, when the government grants C of O to certain occupiers, they are in the habit of extending their allotted lands to the “right of way”.

Back to our gist.

The not-so-good news of this part of the law is that, the government is only compensating for the value of the “unexhausted improvement” and not bare land.

The unexhausted improvement of a land is anything that is permanently attached to the land, that is, the constructed “permanent” buildings on the land. Allow me to give you a practical example: If Mr. A has a land in Ikoyi, Lagos, and has built nothing on it, and Mr. B has a land in Ikorodu, and on it built a duplex, and the government is in need of the areas both lands are situated, the government would only pay for the land wherein something is built on. Obviously, the price of land in Ikoyi, Lagos is estimated higher than that in Ikorodu, Lagos.  You might ask why is that? There are those who say, if the land belongs to the Government as stated in section 28 of the “Act”, why should the government compensate you? You would only be returning the land to the owner. There are those who believe that this is wrong, and this writer belongs to that school of thought. Our reasons should be clear, the economic value of the land. But the law is the law.

Before now, the public were of the believe that the buildings in the Resort would not be affected, just the beach. If we go by section 29, then there would be no compensation. However, if this is not the case, the management of the Resort should be compensated. There will however be no compensation if it is discovered that the part of Landmark that is being demolished encroached into a “right of way”, this is primarily because, no one should build on a right of way.