centre on housing rights & evictions community guide

Centre on Housing rigHts & eviCtions

Community Guide

to asserting and

defending housing

rights in Nigeria

August 2011


Abstract

This Community Guide to

Asserting and Defending

Housing Rights in Nigeria is

intended to be a new re-

source book for communities

threatened by forced eviction

and displacement in Nigeria

and for COHRE staff to train

grassroots activists on steps

to follow in defending com-

munity land and housing

rights and to facilitate inter-

active community training

workshops.

The information and activi-

ties contained in the guide

will help communities facing

eviction understand their

rights under the constitution

of the Federal Republic of

Nigeria and international law,

and provide them with advo-

cacy strategies they can use

to assert and defend these

rights.

The Community Guide is in-

tended to bridge the informa-

tion gap facing communities

regarding their housing rights

and the means of defending

these rights, as most commu-

nities in Nigeria hardly know

their rights. It is aimed at

helping communities threat-

ened with forced eviction and

displacements to access in-

formation about their rights,

thereby empowering them

to take collective action to

seek redress. This, together

with COHRE’s already exist-

ing training manuals, will help

impart the knowledge, skills

and values contained in the

Community Guide.

While this Community Guide

is broadly based on a re-

view of COHRE’s Cambodian

Guide to Defending Land and

Housing Rights, it is primar-

ily written for a Nigerian

context. Many of the top-

ics in Section I: Your Rights

Under International Law can

be used in the rest of Africa,

with slight adaptations from

country to country.1

1 Most of the content of this Community Guide, especially Chapters 1 and 2, was adapted from the Cambodian Guide to Defending Land and Housing Rights, published by COHRE in September 2009.

CONTENTS

I. YOUR RIGHTS UNDER

INTERNATIONAL LAW

INTRODUCTION P4

DEVELOPMENT AND

DISPLACEMENT P11

INTRODUCTION TO HUMAN

RIGHTS P14

THE RIGHT TO ADEQUATE

HOUSING P21

EVICTIONS AND YOUR RIGHTS

P27

II. YOUR RIGHTS UNDER THE

NIGERIAN CONSTITUTION

CLASSIFICATION OF LAND IN

THE NIGERIAN CONTEXT P32

ASSERTING AND DEFENDING

YOUR HOUSING RIGHTS P38

APPENDIX: LAND USE ACT 1978

P44


Acknowledgements

A ‘how to’ manual such as this cannot be compiled unaided.

This community guide draws on the Cambodian Commu-

nity Guide to Defending Land and Housing Rights, published

by the Centre on Housing Rights and Evictions (COHRE) in

September 2009, in conjunction with Bridges Across Borders

Southeast Asia and the International Accountability Project. It

is also based on COHRE’s experience of working in the field of

land and housing rights in Nigeria.

COHRE believes that awareness of economic, social and cul-

tural (ESC) rights as a whole in Nigeria is low, partly because

the amended provisions in Chapter II of the 1999 Constitu-

tion of the Federal Republic of Nigeria—which deal with ESC

rights—are deemed ‘non-justiciable,’ and due to the fact that

communities threatened by forced eviction and displacement

in Nigeria have little access to information about their housing

rights and the means of defending these rights.

The production of this community guide has been made pos-

sible through the financial support of Cordaid, the Swedish

International Development Agency (Sida), Misereor, and The

Ford Foundation.

Thanks are also due to COHRE’s colleagues at the Social and

Economic Rights Action Center (SERAC), who have helped

to focus COHRE on the problems and the opportunities of

blighted communities in Nigeria, and to those who provided

COHRE with information from the National Human Rights

Commission of Nigeria, the Federal Capital Development

Authority and the Federal Ministry of Lands, Housing and

Urban Development. COHRE IS also indebted to Eyong Sun-

day, COHRE Programme Officer for Nigeria; Esther Kodhek,

COHRE Africa Regional Director; and Eliane Drakopoulos,

who reviewed and edited the guide and provided feedback.

Centre on Housing rigHts AnD eviCtions P.4

COMMUNITY GUIDE TO ASSERTING AND DEFENDING HOUSING RIGHTS IN NIGERIA

Introduction

Combating poverty is one of the ma-

jor challenges the world faces. Today,

between 1.5 and 2 billion people are

trapped in extreme poverty, with less

than a dollar a day to provide for their

needs. In many countries, including

Nigeria, pov-

erty is deeply

entrenched, pre-

venting the vast

majority of people

in the developing

world from real-

izing their economic and human poten-

tial. The majority of Nigeria’s 140 million

people live in squalor, with 16 million

Nigerians either landless, inadequately

housed, or living in shacks and slums

due to a huge housing deficit. Hun-

dreds of thousands of people have been

displaced from their homes and farms

annually to make way for development

projects, city “beautification,” road

expansion and infrastructural upgrad-

ing, urban renewal, implementation of

development master plans etc— thereby

pushing people further into chronic

poverty.

Sometimes projects are for the benefit

of the country, but often the main ben-

efits go to the powerful individuals and

companies that take the land. Frequent-

ly, the people living on and using the

land do not have secure rights to their

land because the procedures for ob-

taining legal titles are so cumbersome,

expensive, and laden with irregulari-

ties and deceit that ultimately they are

forced to abandon the process or not

engage in it at all. Similarly, people are

not given the opportunity to participate

in decision-making about development

projects that implicate them.

However, due to efforts by international

organizations, non-governmental orga-

nizations (NGOs) and community-based

organizations (CBOs), there is a growing

I. Your rights under international law: Introduction

“Today, between 1.5 and 2 billion people are trapped in extreme poverty.„



awareness of ESC rights in Nigeria and

people are beginning to demand ac-

countability from public officials and to

resist the injustices of forced displace-

ment. COHRE is part of this growing

movement of people and organisations

working to defend the rights of those

facing forced displacement. COHRE

is working to make governments and

private actors listen to the voices of the

people, believing that everyone should

benefit from and make decisions about

development in their domain. Similarly,

people should be able to benefit from

development projects rather than sacri-

ficing their homes for development that

will benefit only a sector of society.

The Community Guide to Asserting and

Defending Housing Rights in Nigeria

is designed to be a resource book for

communities threatened by forced evic-

tion and displacement in Nigeria, as well

as for COHRE staff to train grassroots

activists on steps to follow in defending

community land and housing rights and

facilitate interactive community training

workshops. The information and ac-

tivities contained in the Guide will help

communities facing eviction understand

their rights under the Constitution of the

Federal Republic of Nigeria and interna-

tional law, and provide them with advo-

cacy strategies they can use to assert

and defend these rights.

The Community Guide is intended to

bridge the information gap between

communities regarding their land and

housing rights and the means of defend-

ing these rights. It is aimed at helping

communities threatened with forced

eviction and displacement to access

information about their rights and learn

about the risks and dangers of dis-

placement. It contains information on

many different topics related to forced

displacement and activities that help

people understand their roles, take part

in discussions, and learn important skills,

even if they cannot read or write. This

way, everyone can participate in plan-

ning what actions to take to defend their

rights and those of their neighbors.

It is our sincere hope that the informa-

tion, strategies and stories contained in

this guide will help communities, CBOs

and grassroots community activists in

the struggle for the full realisation of

the human right to adequate housing in

Nigeria and, with greater collaboration,

make communities and peoples’ move-

ments a powerful force for change in

our world. This guide is intended to help

strengthen a truly global movement to

stop the injustice of forced displace-

ment, and to defend communities’ land

and housing rights, as well as ways of

life.

1. How to use the Community Guide for

asserting and defending housing rights

in Nigeria

This guide is meant to be accessible to

communities, including those who have

had limited access to education and

have little or no knowledge of the sub-

jects. The language used is simple and

straightforward, and the exercises used

are interactive and enjoyable.

The guide can be used by people who

want to facilitate a training workshop

and by people who would like to use it

simply as an information resource. The

guide can be used by facilitators and

participants alike, and can be used as a

stand-alone resource.

Your rigHts unDer internAtionAL LAW



This module explains the basics on how

to use the Guide and how to organize

and deliver a community training.

1.1 Organising a training

First, you will need to organise a train-

ing workshop. It is important that

everything—from the venue to the

selection of modules you will be teach-

ing—is prepared well in advance, and

that you are organised. If things do not

run smoothly, the training will not be as

effective. When organising a training

workshop you should consider the fol-

lowing points:

(a) Booking a venue: A community

hall, a hired room or hall in a hotel is

idea to ensure a quiet and bright en-

vironment for learning. This should be

secured well in advance—at least two

weeks before the training.

(b) Participants: Decide who should

participate in the training. They may

be communities threatened with evic-

tion, members of a community network

or NGOs, policy officials or the media,

who will be ready to stay throughout

the duration of the training. The num-

ber of participants is important (15-25

participants would constitute an ideal

number), and the group should contain

a good mix of men and women, differ-

ent ages and different ethnic groups to

ensure equity and fairness.

(c) Notification and invitations: En-

sure that participants are well-informed

ahead of time about the training dates.

Also remember to send reminders when

the date gets closer.

(d) Participants’ situations: Ensure

that the training targets specific needs

of participants and where necessary, ask

a few community representatives what

topics they think would be most useful

to enable you decide on the relevant

sections of the Guide that are most im-

portant to teach.

(e) Agenda: Prepare an agenda

based on the feedback you have re-

ceived. The agenda sets out the daily

plan of the workshop and the spe-

cific timelines. Ensure that you allocate

enough time to teach the selected les-

sons. Also include time for breaks, meals

and energizers.

(f) Informing authorities: Think

carefully about whether it is necessary

to inform the local authorities of your

plan to conduct a community training.

(g) Participant’s guide: At the end of

the training it is a good idea to provide

the participants with all the information

that you have covered. To do this, you

will need to photocopy the relevant sec-

tions of the Participant’s Guide.

(h) Be prepared: Ensure that you are

familiar with the material that you will

teach, and ensure that all the materials

that are necessary for the workshop are

ready before the commencement of the

training. If there are other facilitators,

make sure you have decided who will be

responsible for each lesson and activity.

1.2 Starting a training

On the day of the training, arrive at the

training space or room early, to make

sure everything is ready. Arrange the

materials neatly so that you can access

them easily when you need them dur-

ing the lessons. If tables and chairs are

available, think about how you would

like them to be arranged. Sometimes

it is a good idea to arrange the tables

in a circle so that everyone can see

each other and no one has to sit behind

someone else.

Ensure that you:

1. Introduce yourself to the group and

give participants the chance to intro-

Your rigHts inDer internAtionAL LAW



duce themselves;

2. Explain the main objectives of the workshop

to the participants, explain the rules of the

training, e.g. turn off mobile phones, everyone

should be considerate of other people, there

should be no discrimination, and everyone

should have a chance to speak.

3. Ask the participants about their expectations of

the workshop at the beginning and find out if

those expectations were met during the evalua-

tion at the end of the workshop.

1.3 Interactive facilitation

The most effective methods for sharing any infor-

mation are interactive, based on active participa-

tion, and focus on the participants, rather than the

facilitator. These techniques help people to learn

faster and remember more than if they are taught

using traditional methods, like lectures.

There have been many studies and experiments

that have shown that the amount and quality of

information participants remember depends on

the facilitation methods used. Research has shown

that the lecture style of teaching is less effective

for passing on knowledge. Examples of interactive

methods of teaching include:

• role-play

• demonstrations

• stories

• focusedgroupdiscussions

One of the best ways for you to improve your

understanding of new information and skills is to

share it with others. By sharing with others, you will

gain a better understanding, know how to explain

things using simple language and be able to show

how the information and skills can be used. Com-

munity trainings are therefore a two-way learning

process.

As you facilitate, the participants learn, and you

will also become more confident and increase your

understanding of the issues you are facilitating.

You will also have a valuable opportunity to learn

from the experiences and stories of the partici-

pants.

1.4 Facilitation methods

There are many different facilitation methods that

can be useful for sharing information in communi-

ties. These methods are aimed at making those

attending the workshop active participants and

not passive observers. The methods recognize that

participants always come to training workshops

with knowledge and experience from their own

lives and that they have much to contribute to the

learning that will happen in the room. Below are

some examples of interactive facilitation methods:

(a) BRAINSTORMING: This allows participants to


Training checklist:

Before conducting a training, make sure you

do the following:

• Organize a venue

• Decide who the participants will be and how

many will attend

• Invite the participants well in advance, and

send a reminder closer to the date

• Learn about the participants’ background,

situation and their topics of interest

• Choose the modules you will teach and

make an agenda

• Inform the authorities, if you think it is nec-

essary

• Photocopy relevant parts of the Partici-

pant’s Guide

• Prepare the materials—for example, paper,

pens and handouts

• Revise the lessons so you feel confident to

teach them



think freely about ideas. There are usually no right

or wrong answers, and it allows them to express

their ideas freely.

(b) FOCUS GROUP DISCUSSIONS: Focus group

discussions should be carefully planned and partic-

ipants should be given clear rules and instructions

that allow enough time for discussion. If possible,

the groups should usually not have more than

ten participants so that everyone has a chance to

speak.

(c) CASE STUDIES: Case studies are stories or

descriptions of events that can be real or made-up

and can be used to help understand how informa-

tion and skills can be applied. Case studies can be

used during group discussions to help participants

analyze and think critically about how to use new

information and skills in practice.

(d) ROLE-PLAYS: In role-plays, participants (or

sometimes facilitators) act out a situation. Partici-

pants can either be given the situation through

a case study or they can be asked to make it up

themselves. Role-plays are useful because partici-

pants are able to be creative, which will make them

feel more involved in the lesson, and keep them

active and interested.

(e) QUESTION AND ANSWER: A discussion

through questions and answers can often be used

instead of lecturing. This way everyone is talking

and needs to think carefully about the issues, not

just the facilitator. Participants almost always know

some information about the issue or the subject

that is being taught and how it relates to their lives.

Good facilitators will draw out the knowledge and

experience of participants and build on it by asking

polite questions.

(f) GAMES: Adults and children learn from games.

Games may sometimes be used as ‘ice breakers’

that are fun activities to help participants know

each other and become more comfortable with

each other. Games are also often used as ‘energiz-

ers’ to refresh people when they are feeling unfo-

cused or sleepy between lessons.

Games can also be used to teach more difficult

topics such as the law, and to help people remem-

ber new information. Games might involve teams

and competitions, but be careful not to embarrass

anyone if they do not know the answers to ques-

tions, as winning is not the primary goal.

(g) PARTICIPANT PRESENTATION: According to

popular Chinese saying, “I hear and I forget…I see

and I remember...I do and I understand.” Partici-

pants can be given a topic, case study or question


Why interactive learning is best:

• If lectures are used, participants remember

approximately 5% of information.

• If participants read the information, they

remember approximately 10%.

• If audio-visual methods are used (a video or

PowerPoint presentation), participants re-

member approximately 20% of information.

• If participants watch a demonstration, they


• If participants discuss issues in small groups,

they will remember approximately 50%.

• If participants are shown a demonstration

and then practice it themselves, they will


• If participants teach others, they will re-

member approximately 90%.



to work on in small groups and then present to the

rest of the class. Groups can be asked to prepare

and present drawings, songs, role-plays, plans,

ideas, or answers to questions. Presentations can

be made by the whole group, or a group spokes-

person can be chosen to present. Afterwards, all

the participants (both presenters and observers)

can discuss the presentation.

(h) VISUAL AIDS: Objects, photographs, pictures,

drawings, posters and films are all examples of

visual aids that are used to reinforce learning and

leave a lasting impression on the learner. Visual

aids help focus participants’ attention and are an

effective way to bring real life experiences from Ni-

geria and around the world into the training room.

Visual aids are also helpful in expressing ideas,

concepts and plans.

1.5 Lesson plans

A lesson plan is like a road map that shows the

direction of the lesson from start to finish. It serves

as a guide and indicates all relevant points that

must be highlighted during the lesson. The starting

point is usually the aim of the lesson, and the final

destination is achieving that aim.

1.6 Facilitation skills

As a facilitator, there are many things to consider

before facilitating a training, including the lesson

content, exercise instructions, and what materials

are needed. At the same time, you must be con-

scious of your behavior and the presentation of the

lessons. It is important that participants respect

you and feel respected, and feel comfortable to

join in the exercises and contribute. Below are sev-

eral tips on how to be a good Facilitator:

(a) PREPARATION: A good knowledge of the

lesson will boost your confidence and increase

your chances of delivering a good training. It is im-

portant to be confident about the information you

are teaching, and to know the materials you will

need and the instructions you should give to par-

ticipants. Ensure that the venue, meals, handouts,

materials and all equipment needed are organized

at least one week before the actual training.

(b) TIME MANAGEMENT: Effective time man-

agement is important, especially when many topics

have to be taught. However you also need to be

flexible. If the lesson is difficult for instance, you

may need to take more time and vice versa.

(c) BODY LANGUAGE: Let the participants

know that you are enthusiastic and want to teach.

It is important to stand up straight and move

around the class as you teach. Make sure you look

at all of the participants—not at the floor, or out of

the window, and not just at the participants di-

rectly in front of you. Your body language should

not make the participants feel uncomfortable—for

example, you should not point at people.

(d) TRY NOT TO LECTURE: As discussed

above, lecturing is the least effective way to teach

and learn. All the training methods described

above are ways to teach the information without

lecturing. If you find yourself speaking for too long,

stop and ask some questions or introduce an activ-

ity to enable participants to discover the informa-

tion themselves.

(e) CHECK FOR UNDERSTANDING: Good fa-

cilitators will check for understanding throughout

the lesson. However, do not teach for one hour and

then ask at the end “Do you understand?” You can

check participants understanding every few min-

utes by asking questions or asking for volunteers to

summarize.

(f) BUILD A GOOD RELATIONSHIP WITH PAR-

TICIPANTS: Try to develop a friendly relationship

with participants. You can do this by greeting and

welcoming them as they enter the training room;

calling them by their name; asking them ques-

tions about themselves and telling them something

about yourself; encouraging the participants to




become involved in lessons; talking to them on

a one-on-one basis before and after lessons and

during breaks (especially some of the quieter par-

ticipants); giving them a chance to share personal

stories; joining them for lunch; and praising good

work and contributions by shy participants.

(g) ENERGIZERS: It is important that you make

participants listen and interested in the lessons at

all times to ensure that they remember what they

have been taught. A way to achieve this is by do-

ing short “energizer” exercises between lessons,

or whenever you feel that participants are getting

tired or losing interest. You may often need to do

energizers towards the end of the day or just after

lunch, when participants are feeling tired. Energiz-

ers include songs, dances, games, stories, and any

other activities that get the participants to move

around and have fun.

1.7 Evaluations

At the end of the training, it is important to get

feedback from participants about the training. This

can be done in a number of ways and at different

times. The best time to evaluate is usually at the

end of each training day. Sometimes it is also a

good idea to evaluate the training several weeks or

even months later, so that you can check what the

participants have remembered. Evaluations can be

conducted by simply asking the participants ques-

tions orally.

This can be done with the whole group, with

smaller focus groups, which is usually advisable if

participants are illiterate, or with the aid of evalua-

tion forms. Either way, the following questions will

provide adequate feedback for your evaluation: Did

you understand the lesson? Was the information

useful? Which lessons were most useful and which

were least useful?

You can also ask participants to rank the lessons

and as whether the facilitator did a good job.

By asking these questions, you will be able to

adapt and improve for future trainings. Addition-

ally, trainers and observers can evaluate the train-

ing by making their own notes on how successful

they thought the exercises were and how well the

participants appeared to understand.

1.8 Keeping records

Finally, it is important to keep records when you

conduct training. It is useful for yourself and also

useful to share with others if you are a member of

a network or working at an NGO. After a training

you should record: who you have trained (includ-

ing how many men and how many women); where

you held the training (province, district, village, and

venue); which topics you taught; how you think the

training went (for example: Did participants under-

stand the lessons? Were the lessons enjoyable?);

and what response you had from the participants

(positive or negative evaluations).

ACTIVITY 1: WHAT DO YOU UNDERSTAND BY THE

TERM DEVELOPMENT?

AIM: Participants will come up with different ideas

about development of their community and how

these are similar to or differ from government de-

velopment plans.

MATERIALS: Whiteboard or flipchart, markers.

METHOD(S) USED: Silent brainstorm, discussion,

group drawing, presentation, question and answer.

1. Silent brainstorm: Let participants think of

some projects that would help improve people’s

lives in the community. What types of things would

help families and community members to be

healthier, happier and to have more opportunities?

Give the participants a minute to think in silence.

After that, give them an opportunity to share and

discuss their ideas in groups.

2. Small group discussion and drawings: As

they split into groups, walk around the groups to

make sure that participants understand what they

need to do, giving explanation where necessary.

At the end of the 10 minutes group discussion and

drawing, participants return to their seats and

begin the general class discussion. Participants will

think about and discuss the kinds of development

projects being promoted in their community and

region by the government or companies (positive

and negative).




Defining development

We all have ideas for ways we can

improve living conditions in our com-

munities. For example, maybe in your

community, people would like to build

a new school, a health clinic, or a hous-

ing estate. Maybe there are some roads

that need to be repaired or expanded,

slums that need to be cleared, drainage

channels that need to be dredged or

constructed and pipes that need to be

laid to improve access to clean drinking

water. Maybe members of your commu-

nity are interested in a new job train-

ing program or developing irrigation

systems to provide water for crops and

animals during the dry season.

These are all examples of ideas for de-

velopment of your community—ways to

improve the quality of life, opportunity

and well-being. Different communities

and individuals will have many different

ideas about what good development

means to them. Government officials,

companies and other groups may have

different ideas for development. For

example, sometimes governments and

companies declare that big projects—

such as roads, mines, oil refinery, rec-

reational parks, stadiums, hydropower

dams, or modern buildings—are neces-

sary for the development of the whole

country. Sometimes these big projects

can have negative impacts on local

communities. If local people say they do

not want these projects, they are often

told that they are opposed to the devel-

opment of their country.

But are these projects always really

development? What happens if you

disagree with a proposed develop-

ment project because of the harm it will

cause? Who should decide what kinds

of projects and policies would be best

for the future of your communities and

country? There are many different ideas

and models for development, so there

Development and displacement

“Different communities and individuals will have many different ideas about what good development means to them.„



is no single definition or type of project

that is development. The decisions that

are made about the development of

one area will have a big impact on the

lives of all people in that area. For this

reason, everyone should have a voice

in defining what kind of development

happens in their community and their

country.

Different approaches to development

Whenever plans for development are

considered, people think about projects

that focus on improving people’s qual-

ity of life. This may include projects that

help to support families, build homes,

protect the environment, improve ac-

cess to food, preserve culture and in-

crease opportunities to learn and work.

This might involve small proj-

ects within a community or

it might involve big projects

carried out by the govern-

ment or companies.

Sometimes, development

projects and policies can be

beneficial to some people

but impact negatively on

others. Good development

projects include the ideas of

all people who may be impli-

cated by the project and find

ways of mitigating negative

impacts.

For example, if a company

decides to build a factory in

a rural community to create

jobs and reduce the negative

impact of rural-urban migra-

tion, such a company should

also consider ways to miti-

gate the negative impact of

pollution on the community

and its environs. The rivers

and land may be polluted,

thereby impacting negatively

on fishermen and farmers,

whereas jobs are created for

the youths. For the factory

to be a good development

project, the company will need to find

a ways of mitigating pollution in the

community and its environs and talk to

local farmers and fishermen about ways

of preserving their livelihoods and the

environment.


Definition of terms:

Development: Improvement of the quality of life,

opportunity and well-being. Development can

happen at the community level or at the country

level. It can be anything from building schools,

houses and improving access to health care to

building the economy and improving trade with

other countries.

Inclusive development: An approach to develop-

ment that includes local people in planning and

decision-making and focuses on improving the

lives and opportunities of affected people. Inclu-

sive development also respects people’s rights.

Non-inclusive development: Development that

does not take affected communities’ ideas and

problems into account. Non-inclusive develop-

ment projects can involve taking natural re-

sources away from local communities, or forcing

people to move from their homes so that more

modern buildings can be built.

Forced displacement: When people or commu-

nities are made to leave their homes and lands.

Forced displacement often happens because of

non-inclusive development.



This approach to development is called

inclusive development, because it

includes local people in planning and

decision-making and focuses on directly

improving the lives and opportunities of

local people.

Unfortunately, in many parts of the

world, including Nigeria, several devel-

opment projects are conceived, planned

and executed in secrecy, without taking

into account local communities’ ideas

and problems. These projects often

exploit natural resources from local

communities and lead to displacement

and forced eviction, to give way for

more modern buildings. These are often

non-inclusive projects that, rather than

solving problems of local communities,

only lead to the creation of new ones.

These projects often do not have much

benefit for poor people, but mainly

benefit people who are already rich and

powerful.

Development and forced displacement

One of the worst impacts of non-inclu-

sive development is forced displace-

ment. In the name of development,

people are sometimes evicted from

their homes and forced to move out of

the way. Many people around the world

have become poorer due to forced dis-

placement. This is because in addition

to losing their homes, they lose access

to the land or resources they depend on

for many aspects of their lives, including

their food and livelihoods.

When people are displaced, in addition

to losing their homes, they often lose

access to local resources and services.

Lost resources might include forests,

rivers and farmland. Lost services might

include community centers, markets,

schools or health clinics. Displacement

often leads to the breakdown of com-

munities and social and support net-

works.

When inclusive development processes

are used by communities, governments

and companies, there is less risk of

forced displacement and these nega-

tive impacts happening. This is because

local communities that are affected by

development projects are asked for

their opinions and ideas about the proj-

ect and how they would like to see their

problems being solved.

If people are required to move/relocate

because of a project, inclusive develop-

ment ensures that they are included

in the discussions and decisions about

moving/relocation. Consultations should

happen and action should be taken so

that the living conditions of affected

people are not negatively affected, or

there could even be discussion on how

they can be made better. With this ap-

proach to development, people’s human

rights are respected. In the next sec-

tions of this guide, you will learn about




What are human rights?

Human rights allow people to live

happy, healthy and free lives. In our

daily lives, we all have basic needs, such

as enough food to eat, clean water to

drink and healthcare when we get sick.

We also need some basic freedoms,

such as the freedom to express our

opinions and to practice our religion.

Having these freedoms are our basic

rights as human beings. Everyone, ev-

erywhere has these human rights—men

and women, young and old, rich and

poor—no matter where they were born

or what they believe. These rights can-

not be taken away from us and must be

respected at all times.

Where do human rights come from?

Human rights come from the common

values of cultures and communities

around the world. These values have de-

veloped in many different societies and

countries because most people around

the world believe that they, and the

people around them, should be treated

with respect.

Unfortunately, throughout history,

people have experienced or witnessed

terrible suffering, often caused by very

bad treatment by government, military

and other people. Many people have

lived through wars and violence, under

oppressive and cruel governments, or

have not had enough food to eat or

medical care when they are sick. For ex-

ample, Nigerians who lived through the

period of the civil war from 1967 to 1970

and between 1983 to 1998, during the

military era, experienced various forms

of human rights abuses.

Under the Military regime of 1983-1998,

many people were murdered while

others were tortured to death, includ-

ing Ken Saro Wiwa, for asserting their

rights and protesting injustices of the

government. Some people who spoke

out against injustices of the government

were either arrested, tortured or killed

in cold blood. These events and experi-

ences have made people believe even

more that rules must exist to prevent

this bad treatment of human beings.

Introduction to human rights



The Universal Declaration of Human

Rights

The United Nations is an international

organisation made up of most of the

world’s nations. Its aim is to achieve

world peace by preventing conflicts,

promoting human rights, and helping

with economic development.

In 1948, representatives from many

nations came together at the United Na-

tions to talk about human rights. At this

important meeting, these representa-

tives made a promise to their people, to

each other, and to the world that their

governments would respect human

rights. This statement was called the

Universal Declaration of Human Rights

(UDHR). The UDHR lists the basic rights

of all human beings.

Some of these rights, also contained in

Chapter IV of the 1999 Constitution of

the Federal Republic of Nigeria, include:

1. The right to life:1 This is provided for

in Section 33(1) of the Constitution

of the Federal Republic of Nigeria.

“Every person has the right to life,

and no one shall be deprived inten-

tionally of his life, save in execution

of the sentence of a court in respect

of a criminal offence of which he has

been found guilty in Nigeria.”

2. The right to the dignity of human

persons: Section 34(1) of the Con-

stitution states that ever individual

is entitled to respect for dignity of

his person, and accordingly; (a) no

person shall be subject to torture or

to inhuman or degrading treatment;

(b) no person shall be held in slavery

or servitude; and (c) no person shall

be required to perform forced or

compulsory labour.

1 Universal Declaration of Human Rights, Article 3.

3. The right to personal liberty: This

is contained in section 35(1) of the

Constitution of the federal Republic

of Nigeria.

4. The Right to fair hearing: 36(1)

of the constitution states that “In

determination of his civil rights and

obligations, including any question

or determination by or against any

government or authority, a per-

son shall be entitled to fair hearing

within a reasonable time by a court

or other tribunal established by law

and constituted in such manner as

to secure its independence and im-

partiality.”

5. The Right to private and family life:

This is contained in section 37 of

the constitution and it states that

“the privacy of citizens, their homes,

correspondence, telephone conver-

sations and telegraphic communi-

cations is hereby guaranteed and

protected.”

6. The right to freedom of thought,

conscience and religion: In sec-

tion 39(1) of the Constitution, every

person shall be entitled to freedom

of expression, including freedom to

hold opinions and to receive and im-

part ideas and information without

interference.

7. The right to freedom of expression

and the press: Under 39(1), every

person shall be entitled to freedom

of expression, including freedom to

hold opinions and to receive and im-

part ideas and information without

interference.

8. The right to peaceful assembly and

association: Section 40 of the Con-

stitution states that every person

shall be entitled to assemble freely

and associate with other persons,

and in particular they may form or

belong to any political party, trade

union or any other association for




the protection of their interests.

9. The right to freedom of movement:

This is contained in Section 41(1),

which states that “every citizen of

Nigeria is entitled to move freely

throughout Nigeria and to reside in

any part thereof, and no citizen of

Nigeria shall be expelled from Nige-

ria or refused entry thereby or exit

thereof.”

10. The right to freedom from

discrimination:2 Section 42(1) states

that “A citizen of Nigeria of a partic-

ular community, ethnic group, place

of origin, sex, religion or political

opinion shall not, by reason only that

he is such a person: (a) be subjected

either expressly by, or in the practi-

cal application of, any law in force in

Nigeria or any executive or adminis-

trative action of the government, to

disabilities or restrictions to which

citizens of Nigeria of other communi-

ties, ethnic groups, places of origin,

sex, religions or political opinions

are not made subject; or (b) be ac-

corded either expressly by, or in the

practical application of, any law in

force in Nigeria or any such execu-

tive or administrative action, any

privilege or advantage that is not ac-

corded to citizens of Nigeria of other

communities, ethnic groups, places

of origin, sex, religions or political

opinions.

11. The right to acquire and own immov-

able property: Section 43 stipulates

that every citizen of Nigeria shall

have the right to acquire and own

immovable property anywhere in

Nigeria. This also contained in Sec-

tion 44(1) of the Constitution of the

Federal Republic of Nigeria.

2 Universal Declaration of Human Rights, Articles 2 and 7.

Other rights contained in the UDHR

include:

1. The right to health:3 Governments

have a responsibility to ensure that

“there are adequate medical and

health facilities for all persons.”

2. The right to be free from slavery

3. The right to education:4 According

to Section 18(1), government shall di-

rect its policy towards ensuring that

there are equal and adequate educa-

tional opportunities at all levels.

4. The right to be free from torture

5. The right to an adequate standard of

living5

6. The right to work: everyone has

the right to work, to free choice of

employment, to just and favourable

conditions of work and to protection

against unemployment (Article 23(1)

of the UDHR6 and Section 17(3a) of

the 1999 Constitution of the Fed-

eral Republic of Nigeria), all citizens,

without discrimination on any group

whatsoever, have the opportunity for

securing adequate means of liveli-

hood as well as adequate opportu-

nity to secure suitable employment

7. The right to vote and be voted for.

The UDHR is very important because it

was the first time that the nations of the

world collectively recognized that we

all share a common set of values about

how human beings should be treated

and that these are, in fact, human rights.

However, the UDHR is only a statement




6 Universal Declaration of Human Rights, Articles 23(1).





made by governments about the basic

rights of human beings and does not

have the force of law. Nearly twenty

years later, this became the basis for

two very important international laws:

• The International Covenant on Civil

and Political Rights (ICCPR); and

• The International Covenant on Eco-

nomic, Social and Cultural Rights

(ICESCR).

Why should we know and assert our

rights?

Even though everyone has basic funda-

mental human rights, very often these

rights are violated by government agen-

cies and private actors. When people

do not know what their rights are and

how to assert these rights, it is much

easier for the government and private

actors to violate their rights without any

consequences. Knowing your rights

is the first step to asserting them. In

this guide, people will learn about their

rights, how to assert them and what to

do to protect the rights.

Throughout history, and around the

world, people have worked together

to ensure that governments keep their

promises to respect, protect and fulfill

human rights. People have taken great

risks and struggled to defend human

rights and overcome injustice. People

across the world have benefited from

the victories of these human rights de-

fenders.

Government duties and human rights

Governments of countries have the

power to pass laws and take actions

that affect many people’s lives. Because

of this power, governments of all coun-

tries are responsible for doing all they

can to make sure that people are able to

live happy, healthy and free lives. That

means that governments have a duty to

make sure that human rights are re-

spected.

Governments must pass laws and take

action to ensure that people are able to

enjoy their human rights. For example,

to respect the human right to education,

governments must pass laws and take

steps to try to make sure that all chil-

dren are able to go to primary school.

To do this, they might open new schools

in remote rural villages and train more

teachers.

Governments must not pass laws or take

actions that violate human rights. For

example, if a government builds a large

dam that prevents a community’s access

to water for farming, fishing, or drinking,

it may be committing a violation of the

people’s right to water. Governments

also have a duty to protect people’s

rights from violations by other people.

For example, in order to respect the

right to life, governments must pass

laws that punish murderers. If someone

commits murder, that person should be

punished according to those laws. The

duty to respect human rights is recog-

nized in both international and national

law.

Government duties to respect human

rights are recognized in international

law

The UDHR is a statement made in 1948

by most of the nations in the world that

they would respect people’s human

rights. However, this did not have the

force of law. Because human rights were

still being violated, the United Nations

decided that laws were needed in order

to protect the rights contained in the

UDHR and to put obligations on govern-



ments to protect them.

In the 1960s two international human

rights conventions were created. These

are called:

• The International Covenant on Civil

and Political Rights (ICCPR); and

• The International Covenant on Eco-

nomic, Social and Cultural Rights

(ICESCR).

Most of the rights listed in the UDHR are

protected by these laws. Because the

Covenants are laws, governments that

agree to them by signing them have the

legal duty to respect and follow them.

When governments ratified these in-

ternational treaties, they made a com-

mitment to their people and to other

governments of the world that they will

respect human rights. This means that

respect for human rights in a country is

the concern of the whole international

community, not just the government of

that country.

The United Nations monitors the human

rights situation in all countries that have

signed the international human rights

laws. The United Nations writes reports

about human rights violations and also

makes recommendations about how

governments can make sure that human

rights are respected.

When a government does not respect

international law, it cannot be sent to

jail, but other countries and the United

Nations can do something about it. For

example, other countries can refuse to

give the government aid or refuse to

trade or communicate with that govern-

ment. If there are very serious violations

of people’s human rights, the United Na-

tions can decide to send armed forces

into that country to stop the human

rights violations from continuing.

(b) Government duties to respect hu-

man rights are recognized in Nigerian

law

The Federal Republic of Nigeria has

signed and ratified most of the interna-

tional and regional human rights instru-

ments, including the ICCPR and the

ICESCR, ratified on July 29, 1993.

Milestones regarding the incorporation

of United Nations and regional human

rights treaties include the domestication

of the African Charter on Human and

Peoples’ Rights (ACHPR), through the

enactment of the ACHPR Enforcement

and Ratification Act, 1990, as well as

the Child Rights Act of 2003. The 1999

Constitution of the Federal Republic of

Nigeria has human rights provisions in

Chapter IV. It also recognized the Af-

rican Charter on Human and People’s

Rights and the Convention on the Elimi-

nation of Discrimination Against Women

(CEDAW). This implies that the govern-

ment has a legal duty to:

• respect the human rights of its citi-

zens;

• protect the human rights of its citi-

zens;

• promote the human rights of citi-

zens;

• fulfill the human rights of its citizens

However, people can help to ensure that

the government respects its legal com-

mitment to respect and protect these

human rights by:

• knowing what their rights are;

• demanding that the government

does not pass laws or take any ac-






Constitution: The highest law of the land in the

Federal Republic of Nigeria. The 1999 Constitution

sets the rules for the system of government in Ni-

geria. All laws passed by the legislature in Nigeria

and all decisions of government institutions must

be in accordance with the provisions of the Con-

stitution of the Federal Republic of Nigeria.

Discrimination: Treating a certain group of people

in a way that shows marginalization due to cer-

tain characteristics, such as sex, religion, race, or

ethnicity.

Duties (of the government): Things the govern-

ment must do or must not do, for example the

government must not torture people. These duties

exist because people have human rights that must

be respected.

Human rights: Human rights are those inalien-

able rights that every person is entitled to enjoy

as a result of being human. It allows people to live

happy, healthy and free lives. Having access to our

basic needs, such as adequate food, water and

housing, and enjoying basic freedoms, such as the

freedom to express our opinions and to practice

our religion, are our rights as human beings. Ev-

erybody, everywhere has these rights, no matter

what their age, sex, religion, or wealth.

International Covenant on Civil and Political

Rights (ICCPR): One of the most important in-

ternational human rights laws. It protects human

rights such as people’s rights to life, to be free

from discrimination, to vote and to be free to ex-

press opinions.

International Covenant on Economic, Social and

Cultural Rights (ICESCR): One of the most impor-

tant international human rights laws. It protects

human rights like people’s right to education,

healthcare and adequate housing.

International human rights law: Law that recog-

nizes the human rights of individuals around the

world and that places legal duties on govern-

ments to respect those rights. The 1999 Constitu-

tion of the Federal Republic of Nigeria recognizes

international human rights law.

Unfair detention: When people are arrested and

held in jail without a good reason and against

legal provisions.

United Nations: An international organisation

created by the world’s governments in 1945. The

United Nations works for peace and security in

the world. 192 countries are currently members of

the United Nations.

Universal Declaration of Human Rights (UDHR):

One of the most important international texts

on human rights. The UDHR was adopted by the

United Nations in 1948. It is a list of human rights

that governments have promised to respect and

protect.




ACTIVITY 2: WHAT DO HUMAN RIGHTS MEAN TO YOU?

AIM: Participants will think about what human rights are, where they come from and why it is important

to know and assert them.

MATERIALS: Flipchart or whiteboard, markers, copies of the Universal Declaration of Human Rights (if

available), large pictures of human rights topics.

METHOD(S) USED: Brainstorming, small group discussion.

Start the exercise by asking the participants the following questions:

i. What do “human rights” mean to you?

ii. Why do you have human rights?

1. BRAINSTORMING AND GROUP DISCUSSION: Write the following question on the flipchart: What do

you think you need to live happy, healthy and free lives? Include basic things (such as food, shelter,

clothing), as well as freedoms (such as being able to express

yourself freely).

2. SMALL GROUP DISCUSSION ON THE UNIVERSAL DECLA-

RATION OF HUMAN RIGHTS: Ask the Participants if they

have heard of the UDHR. If they have heard about it, ask

them to explain what they think it is. If they have not heard

of the UDHR or cannot fully explain what it is, then be ready

to explain in detail during the lesson.

3. WHY IS IT IMPORTANT TO KNOW YOUR RIGHTS? Cite an

example of South Africa as a country that struggled for independence, for participants to appreciate

how people can successfully advocate for human rights. Cite also the current efforts of the people of

Maroko in Lagos, Nigeria.

4. DEBRIEF: Finish the exercise by explaining that human rights cannot be taken away from anyone.

When they are not fulfilled it does not mean people do not have these rights. It means that the gov-

ernment is failing to meet its duty to respect or protect them. In the following lesson we will discuss

governments’ responsibilities to respect human rights.

Participants should understand that:

• Although everyone has these rights, they are not always respected—but this does not mean that they

are meaningless.

• If people do not know what their rights are, they cannot work to ensure that they are respected.

• Over the years, many people have struggled for their human rights and the human rights of others to

be respected.

NOTE: When teaching

this section, examples

should be given to en-

able the participants

to fully understand the

many rights included

in the UDHR. Where

they exist, large cop-

ies of pictures should

be passed around for

participants to identify

what right the pictures

show. If copies of the

UDHR and Nigerian

Constitution are avail-

able, hand them out at

the end of the day so

that participants can



What is the right to adequate housing?

The UN Committee on Economic, Social

and Cultural Rights has underlined that

the right to adequate housing should

not be interpreted narrowly to mean

four walls and a roof; rather, it should be

seen as the right to live somewhere in

security, peace and dignity. The charac-

teristics of the right to adequate hous-

ing are clarified mainly in the Commit-

tee’s General Comments No. 4 (1991) on

the right to adequate housing and No. 7

(1997) on forced evictions. 1

The right to adequate housing contains

freedoms. These freedoms include:

1. protection against forced evictions

and the arbitrary destruction and

demolition on people’s homes;

2. the right to be free from arbitrary in-

terference with one’s home, privacy

and family; and

3. the right to choose one’s residence,

to determine where to live and to

freedom of movement.

1 General comments as adopted by the treaty bodies based on their monitoring experience.

The right to adequate housing contains

entitlements. These entitlements in-

clude:

1. security of tenure;

2. housing, land and property restitu-

tion;

3. equal and non-discriminatory access

to adequate housing;

4. participation in housing-related

decision making at the national and

community levels.

Adequate housing must provide more

than four walls and a roof: A number of

conditions must be met before particu-

lar forms of shelter can be considered

to be “adequate housing.’’ These ele-

ments are just as fundamental as the

basic supply and availability of hous-

ing. According to international human

rights law, for housing to be adequate, it

must, at a minimum, meet the following

criteria:2

2 Committee on Economic, Social and Cultural Rights, General Comment 4, 1991.

The right to adequate housing



1. Security of tenure: housing is not

adequate if occupants do not have

some degree of security of tenure

that guarantees legal protection

against arbitrary forced eviction,

harassment and other threats.

2. Availability of services, materials, fa-

cilities and infrastructure: housing is

not adequate if its occupants do not

have safe drinking water, adequate

sanitation, energy for cooking, heat-

ing, lighting, food storage or refuse

disposal.

3. Affordability: housing is not ad-

equate if its cost threatens or com-

promises the occupants’ enjoyment

of other human rights.

4. Habitability: housing is not adequate

if it does not guarantee physical

safety or provide adequate space, as

well as protection against the cold,

damp, heat, rain, wind, other threats

to health and structural hazards.

5. Accessibility: housing is not ade-

quate if the specific needs of disad-

vantaged and marginalized groups

are not taken into account.

6. Location: housing is not adequate if

it is cut off from employment op-

portunities, health-care services,

schools, child care centres and other

social facilities, or if located in pol-

luted or dangerous areas.

7. Cultural Adequacy: housing is not

adequate if it does not respect and

take into account the expression

of cultural identity e.g. traditional

houses built with local raw materi-

als, and homes that are close to one

another.

Protection against forced evictions: Pro-

tection against forced eviction is a key

element of the right to adequate hous-

ing and is closely linked with security of

tenure. Forced evictions are defined as

the “permanent or temporary removal

against their will of individuals, families

and/or communities from their homes

and/or land which they occupy, without

the provision of, and access to, appro-

priate forms of legal or other protec-

tion.” 3

Government obligations and the right

to adequate housing

By virtue of its ratification of the ICCPR

and the ICESCR, on July 29, 1993, as

well as the domestication of the ACHPR

through the enactment of the ACHPR

Enforcement and Ratification Act of

1990 and the Child Rights Act of 2003,

the Nigerian government has three main

legal duties to:

• Respect citizens’ right to adequate

housing: Government must refrain

from interfering directly or indirectly

in activities that hinder the enjoy-

ment of the right to adequate hous-

ing. For example, the government

should not destroy people’s houses

or forcibly evict people without a

very good reason. If evictions must

take place, the evictees must not

end up living in worse conditions.

• Protect the people’s right to ad-

3 General comment No. 7 states that “the prohibition does not apply to forced evictions carried out in accordance the law and para. 4 of the ICHR.”


“Protection against forced eviction is a key element of the right to adequate housing and is closely linked with security of tenure.„



Demolitions in Dagiri, FCt, Abuja in March 2011 (© CoHre).

equate housing: Government must

prevent third parties, including

individuals and corporations, from

interfering with the enjoyment of

the right to adequate housing. This

must be done by passing appro-

priate laws and punishing people

who damage other people’s hous-

es or illegally encroach into other

people’s houses and land.

• Fulfill the human rights of its citi-

zens: While government cannot

provide adequate housing to all

its citizens, it has an obligation to

ensure that all necessary actions

are taken to help people with in-

adequate housing to improve their

housing over time. For instance, the

government may be able to give

small loans that could help people

develop their houses or improve on

existing housing conditions.

Common misconceptions about the

right to adequate housing

1. The right to adequate housing re-

quires the State to build housing for

the entire population.

One of the most common miscon-

ceptions associated with the right to

adequate housing is that it requires the

state (government) to build housing

for the entire population—an entirely

State-based, State-determined and

State-driven approach to housing.

While most governments are involved

to some degree in housing construc-

tion, the right to adequate housing

clearly does not oblige the govern-

ment to construct a nation’s entire

housing stock.

Rather, the right to adequate housing

covers measures that are needed to

prevent homelessness, prohibit forced

evictions, address discrimination, focus

on the most vulnerable and marginal-

ized groups, ensure security of tenure

to all, and guarantee that everyone’s

housing is adequate. Government

intervention in this regard can be in

the form of legislative, administrative,

policy or spending priorities. Addition-

ally, government can play the role of a

facilitator of the actions of all partici-

pants in the production and improve-

ment of shelter.

2. The right to adequate housing must

be fulfilled immediately by States.

Another misconception is that the right

to adequate housing does not impose

immediate obligation on the state. On

the contrary, States must make every

possible effort, within their available

resources, to realize the right to ad-

equate housing and take steps in that

direction without delay. Notwithstand-




ing resource constraints, some obliga-

tions have immediate effect, such as the

undertaking to guarantee the right to

adequate housing in equal and non-dis-

criminatory manner, to develop specific

legislation and plans of action to pre-

vent forced evictions or to guarantee a

certain degree of security of tenure to

all.

3. The right to adequate housing pro-

hibits development projects that entail

displacement.

It is sometimes believed that at the pro-

tection against forced evictions implies

a prohibition on development projects

that entail displacement. There are

inevitable needs for the redevelopment

of certain areas in growing cities and

for public agencies to acquire land for

public interest and infrastructural devel-

opment. The right to adequate housing

does NOT prevent such development

from taking place, instead it imposes

conditions and procedural limits on it.

It is the way in which such projects are

conceived, developed and implemented

that is important. Very often, they are

carried out with little or no consultation

with those affected, limited consider-

ation of their needs and little attempt to

develop solutions that can minimize the

scale of the eviction and the disruption

caused.

4. The right to adequate housing is the

same as the right to property and land.

It is sometimes believed that the right

to adequate housing equates to the

right to property and land. Yet some

argue that the right to adequate hous-

ing threatens the right to property. The

right to own property is enshrined in

the Universal Declaration of Human

Rights and other human rights treaties

such as the International Convention on

the Elimination of All Forms of Racial

Discrimination [Article 5(d)(v)] and the

Convention on the Elimination of All

Forms of Discrimination against Women

[Article 16(h)], although it is absent from

the two Covenants.4

The right to adequate housing is broad-

er than the right to own property as it

addresses rights not related to own-

ership and is intended to ensure that

everyone has a safe and secure place

to live in peace and dignity, including

non-owners of property. Similarly, ac-

cess to land constitutes a fundamental

element of the realization of the right to

adequate housing, notably in rural areas

or for indigenous peoples. Inadequate

housing or the practice of forced evic-

tions can be the consequence of denial

of access to land and common property

resources. Hence, the enjoyment of the

right to adequate housing might require,

in certain cases, securing access to and

control over land.

5. The right to adequate housing is only

necessary in developing countries.

Most people view the right to adequate

housing as an issue solely affecting

4 The right to property is also en-shrined in Article 14 of the African Charter on Human and Peoples’ Rights.


Property marked for demolition in Dagiri, FCt, Abuja in March 2011 (© CoHre).



developing countries where housing rights are denied to often massive portions

of society. The reality, however, is that every nation in the world faces at least

some housing rights challenges, including the countries making up the European

Union, the United States, Canada and Australia.

For example, in its 1998 review of Canada, the

Committee on Economic, Social and Cultural

Rights stated that they were “gravely con-

cerned that such a wealthy country as Canada

has allowed the problem of homelessness and

inadequate housing to grow to such propor-

tions that the mayors of Canada’s ten larg-

est cities have now declared homelessness

a national disaster.” This implies that both

developed and developing countries share a

number of housing problems including rapidly

growing homelessness; domestic violence; dis-

crimination in the housing sector, particularly

against the poor; forced evictions; harassment

of tenants; and an increased reliance on market

mechanisms to fulfil housing needs without

a corresponding alteration of State policy to

provide access to accommodation for those

unable to access private housing.

The link between the right to adequate hous-

ing and other human rights

Human rights are interdependent, indivisible

and interrelated. In other words, the violation

of the right to adequate housing may affect

the enjoyment of a wide range of other human

rights and vice versa.

Access to adequate housing can be a pre-

condition for the enjoyment of several human

rights, including the right to work, health,

social security, vote, privacy or education. The

possibility of earning a living can be seriously

impaired when a person has been relocated

following a forced eviction to a place removed

from employment opportunities. Without proof of registration in such an area,

homeless persons may not be able to vote, enjoy social services or receive

health care services, depending on the society. Inadequate housing can have

repercussions on the right to health; for instance, if houses and settlements have

limited or no drinking water and sanitation, their residents may fall ill frequently.



Constitution: The highest law in Nigeria. The

1999 Constitution of the Federal Republic of Ni-

geria sets the rules for the system of government

in Nigeria. All laws passed by the government

and all decisions of State institutions must follow

the Constitution.

International Covenant on Economic, Social

and Cultural Rights (ICESCR): One of the most

important international human rights laws. It pro-

tects human rights like people’s right to educa-

tion, healthcare and adequate housing.




ments to respect those rights. The 1999 Consti-

tution of the Federal Republic of Nigeria recog-

nizes international human rights law as part of

Nigerian law.

Security of land tenure: Legal guarantees that

people will not be forced to leave their homes

and land (unless it is absolutely necessary and al-

lowed under the law). This applies to everyone—

including owners, possessors, renters and occu-

piers. Without this guarantee, people would be

living in fear of being pushed from their homes

at any time.




Similarly, forced evictions can have

implications for the enjoyment of sev-

eral human rights, including the right

to education and the right to personal

security. Forced evictions often result in

children’s schooling being interrupted or

completely stopped. The traumatic ex-

perience faced by children due to evic-

tions can also impair a child’s capacity

to attend classes. For example, after the

July 14, 1990 forced eviction of Maroko

in Lagos, many children dropped out of

school as their parents could not af-

ford their school fees, while others who

had to relocate to different areas could

not be re-admitted into school. During

forced evictions, people are frequently

harassed or beaten and occasionally

even subjected to inhumane treatment

or killed. Women and girls are particu-

larly vulnerable to violence, including

sexual violence, before, during and after

evictions.

Apart from this, the right to adequate

housing can be affected by the extent

to which other human rights are guaran-

teed. Access to housing is most at risk

for those denied the right to education,

work or social security. Improving hous-

ing conditions and protecting against

forced evictions are often dependent on

claims made by those affected. Where

the right to freedom of expression, as-

sembly or association are not respected,



Evictions

As previously stated, forced evictions

are defined as the “permanent or tem-

porary removal against their will of

individuals, families and/or communi-

ties from their homes and/or land which

they occupy, without the provision of,

and access to, appropriate forms of

legal or other protection.”1

Forced evictions are carried out for a

variety of reasons and under different

circumstances. To make way for devel-

opment, for instance; provision of urban

infrastructure; urban redevelopment or

city beautification; prestigious interna-

tional events; armed conflict; or conflict

over land.

In each or most of these cases, forced

evictions may be violent and dispro-

portionately affect the poor, who often

suffer further human rights violations

as a result. In many instances, forced

1 General comment No. 7 states that “the prohibition does not apply to forced evictions carried out in accordance with the law and para. 4 of the ICHR.”

evictions compound or relocate the

problem they were ostensibly aimed at

solving, implying that forced evictions

are not always the best way of solving

the problem of slums in urban areas.

Regardless of their cause however,

forced evictions may be considered

a gross violation of human rights and

a prima facie violation of the right to

adequate housing. Large-scale evic-

tions can, in general, be justified only in

exceptional circumstances and only if

they take place in accordance with the

relevant principles of international law.2

2 Fact Sheet 21/Rev.1 UN-HABITAT and the UN Office of the High Commissioner for Human Rights.

Evictions and your rights

“Forced evictions may be violent and disproportionately effect the poor, who often suffer further human rights violations as result.„



Safeguards in cases where evictions are

inevitable

If evictions may be justifiable, the state

must ensure that it is carried out in a

lawful, reasonable and proportional

manner, and in accordance with interna-

tional law. Effective legal recourses and

remedies should be available to those

who are evicted, including adequate

compensation for any real or personal

property affected by the eviction. Evic-

tions should not result in individuals

becoming homeless or vulnerable to

further human rights violations.

In general, international human rights

law requires Governments to explore all

feasible alternatives before carrying out

any eviction, so as to avoid, or at least

minimize, the need to use force. When

evictions are carried out as the last

resort, those affected must be accorded

effective procedural guarantees, which

may have a deterrent effect on planned

evictions.

Before evictions

When a development project that may

require the eviction of individuals and

communities is conceived, even before

planning for it begins, great caution

should be exercised in evaluating the

need and opportunity for such plan. Is

the project really indispensible? Who

will benefit from it? What will be its

impacts? Are there less harmful alter-

natives? All these questions must be

answered with a profound respect for

the human rights of all parties involved.

This requires the following:

1. An opportunity for genuine consulta-

tion: Clear criteria for an eviction impact

assessment must be developed through

a genuine consultative process, and

must be carried out with the participa-

tion of the affected population. The

affected popula-

tion may include

owners and non-

owners, tenants,

occupants and les-

sees. Women must

be given equal

opportunities to

participate and to

express their views

and concerns.

2. Adequate and

reasonable no-

tice: The community

must be notified, in writing, of the exact

date of the eviction and such decisions

should be announced in the local lan-

guage to all individuals concerned. The

eviction notice should contain a detailed

justification for the decision, including

information on proposed alternatives.

In the absence of reasonable, non-dis-

placing alternatives, it must be dem-

onstrated that the eviction is “unavoid-

able” and that all measures have been

foreseen and will be taken to minimize

any adverse effects of the evictions and

to protect the human rights of the af-

fected.

Properties demoished in garki, Abuja, 30 october 2010 (© CoHre).




3. Information on alternatives/resettlement plan:

The affected community should be well informed

about planned alternatives to the eviction, includ-

ing a resettlement plan. A resettlement site must

be ready with infrastructure in place before the

community is moved there.

4. Provision of legal, technical and other advice:

The eviction authorities should ensure that efforts

are made to create opportunities to facilitate the

provision of legal, technical and other advice to

affected persons about their rights and options.

The affected community has the right to defend

its rights and views and challenge the evictions,

including before the courts.

5. Baseline survey: The community must be given

time to make a detailed survey (inventory) of af-

fected assets and rights. Where there is disagree-

ment between the affected community and the

evicting authority, the final decision concerning the

eviction must be taken and communicated to the

affected community before the eviction is carried

out.

During evictions

The following procedures must be followed during

evictions:

1. Formal communication of authorization to carry

out eviction: Formal communication of eviction

should be delivered in advance and in writing to all

those who will be evicted. On the day of the evic-

tion, identified government officials should present

formal authorization to carry out the eviction as

issued by a law court, the governor, or the minister,

in the case of the Federal Capital Territory (FCT).

2. Presence of government officials: No eviction

should take place without the presence of autho-

rized and duly identified persons or government

representatives, who should effectively watch for

the safety of the population that is being evicted.

3. Timing of the eviction: The date and time of the

evictions should be reasonable, adequate and pre-

viously agreed upon, and:

(a) evictions cannot take place at night,

during bad weather (such as rain, intense

cold and heat);

(b) evictions must not affect the educa-

tional activities of children, adolescents

and youth—they cannot take place during

or before school examinations;

(c) religious holidays and festivals must

be respected—evictions cannot take

place on such days;

(d) crops and harvest cycles must be

respected.

4. Assistance to affected people to leave:

Evicted persons shall receive assistance for

leaving their homes and moving to the resettlement

site. Special assistance should be given to groups

with special needs.

5. Presence of independent observers: During evic-

tions, duly identified independent observers (from

NGOs and CBOs) should be present to monitor the

eviction and guide against the use of force, vio-

lence or intimidation, and ensure transparency and

compliance with international human rights prin-

ciples.

After evictions

Home demolished in Dagiri, FCt, Abuja, March 2011 (© CoHre).




All persons, groups and communities

have the right to resettlement, which

includes the right to alternative land of

better or equal quality and adequate

housing. The return or resettlement

plans must be developed in consultation

with the affected people and must be

widely publicized, including with details

on the number and identification of all

those affected.

The affected people, groups and com-

munities must agree to the resettlement.

The affected persons, groups and com-

munities have a right to be consulted

prior to their relocation and they must

consent to the relocation plan before

their resettlement in a new housing

location.

Human rights based approach to re-

settlement:

The resettlement plan must ensure that

the human rights of women, children, in-

digenous peoples and other vulnerable

groups are equally protected, including

their right to property ownership and

access to resources.

Availability of remedy:

All evicted persons must be provided

with just compensation; sufficient alter-

native accommodation; and safe access

to:

• essential food, potable water and

sanitation;

• provisional shelter and basic hous-

ing;

• appropriate clothing;

• essential medical services;

• livelihood sources and fodder for

livestock;

• education and childcare facilities.

Availability of legal aid/remedy:

Legal assistance in the form of access

to legal counsel and legal aid should be

provided to those in need to be able to

seek judicial redress.

Temporary housing:

Measures must also be taken to ensure

that temporary/emergency housing

does not become permanent, as often

happens in the case of people living for

years in temporary shelters or contain-

ers.

Violence and discrimination against

some groups:

During and after the evictions, it should

be ensured that women:

• are not subject to violence and dis-

crimination;

• have access to female health-care

providers where necessary, and

services such as reproductive health

care and appropriate counselling for

victims of sexual and other abuses;

• are joint beneficiaries, together with

men, in all compensation packages;

• single women and widows are en-

titled to their own compensation;

• have an equal and effective voice

in all planning and decision-making

processes, including the return or

restitution processes, in order to






Adequate and reasonable notice (of an eviction):

Information about a planned eviction, in particular

the date and time of the eviction. The informa-

tion should be given to the affected community

in a language and way that they understand

and enough time in advance so that they have a

chance to plan what to do in reaction to the evic-

tion.

Adequate/just compensation: An amount of

money or other things, such as housing, land and

property, given to someone whose possessions

were damaged or lost. Compensation can also be

given for things such as earnings from jobs and

businesses that were lost, or crops and trees that

were destroyed or lost because of an eviction.

Adequate compensation is enough to replace the

housing, land and other things lost and to ensure

affected people have access to adequate housing,

including basic facilities and livelihood options.

Genuine consultation: The government has a duty

to ensure that people’s ideas, opinions and con-

cerns about the eviction and reason for the evic-

tion are listened to and considered. People’s ideas

about compensation, alternative adequate hous-

ing and land and livelihood opportunities should

also be considered. Consultations usually happen

through community or individual meetings and

sometimes people can also write down their opin-

ions and concerns.

Eviction: An eviction occurs when people are

made to leave their homes and lands. Evictions

can be legal or illegal. Evictions are legal only

when they are absolutely necessary and interna-

tional human rights law regarding people’s rights

is followed.

Illegal forced evictions: An illegal forced evic-

tion occurs when people are forced to leave their

homes and lands against their will, without their

rights being respected. An eviction is illegal when

it is not absolutely necessary and/or the rules to

make sure people’s rights are respected are not

followed.




ments to respect those rights. The 1999 Constitu-

tion of the Federal Republic of Nigeria recognizes

provisions of international human rights law.

Livelihood options: People must be able to earn

a living and provide themselves and their family

with everything they need to live, such as food,

water, housing, healthcare and education. To do

this, people must have access to jobs, farmland,

markets to sell things, or other small businesses.

Public interest: Something that will help many

members of society improve their standard of liv-

ing, provide an important public service, or keep

them safe. A public interest project should not

cause serious harm to people or the environment.

Relocation or resettlement site: A new place to

live for people who are evicted. Providing a re-

location site is one way that the government can

respect its duty under international human rights

law to make sure that evicted people are able to

find another adequate place to live. Relocation

sites must meet all the elements of the right to

adequate housing in order to be legal under inter-

national human rights law.



Prior to the promulgation of the Land

Use Act of 1978, land in Nigeria was

owned by the people—families and

communities. Though there were re-

gional differences, commonly the com-

munity leaders and family heads held

the land in trust for their subjects, who

made use of the land on request—either

for cultivation of crops, grazing or for

residential development.

In Southern Nigeria for instance, cus-

tomary law land was organized largely

around the community or the family. An

individual could rarely lay claim to any

portion of land and therefore could not

alienate it without the consent of the

head. This is because the land was seen

as belonging not only to the living but

the dead, and those yet unborn.

In Northern Nigeria, the situation was

markedly different, as land was held and

administered for the use and common

benefit of the people who held a right of

occupancy over it and such rights were

subject to the control and disposition of

the native authority.

The need to modify the traditional land

tenure arrangement was felt following

the discovery and exploitation of min-

erals, which led to the growth of new

towns in Nigeria. The introduction of

British rule at the turn of 20th century

saw the emergence of land legislation

in the southern and the northern parts

of the country. These included the Land

Proclamation Act of 1900, the Land

and Native Ordinance of 1916, the Land

Acquisition Ordinance of 1917, the Public

Land Acquisition Act of 1956, and the

Land Tenure Law of 1962, amongst oth-

ers. This eventually paved the way for

the emergence of the Land Use Act of

1978.

II. Your rights under the Nigerian Constitution:Classification of land

“Prior to the Land Use Act of 1978, land in Nigeria was owned by the people - families and communities.„



The Land Use Act of 1978, which is the

current legislation governing land use in

Nigeria, is made up of eight parts of fif-

ty-one sections. It addresses four impor-

tant issues arising from the former land

tenure systems in Nigeria: the problem

of lack of uniformity in the laws govern-

ing land-use and ownership; the issue of

uncontrolled speculation in urban land;

the question of access to land rights by

Nigerians on an equal legal basis; and

the issue of fragmentation of rural lands

arising from either the application of tra-

ditional principles of inheritance and/or

population growth and the consequent

pressure on land. It approaches these

issues via three related strategies: the

vesting of proprietary rights in land in

the State; the granting of the right to en-

joy the use of land without owning it to

individuals; and the use of an adminis-

trative system rather than market forces

in the allocation of rights inland. The

adequacy or inadequacy of this legisla-

tion lies in its operational procedure.

The general principle of the Act states

that: subject to the provisions of this

Decree, all lands comprised in the terri-

tory of each State in the Federation are

hereby vested in the Military Governor

of the State and such land shall be held

in trust and administered for the use and

common benefit of all Nigerians. (See

Nigeria Land Use Act 1978: Part 1: A. 49

in the Appendix).

However, for the purpose of this discus-

sion, land in Nigeria is defined on the

basis of the following concepts:

•state/governmentland

•private/individualland

•communal/indigenouscommunity

land

State/government land in Nigeria

State/government land, according to

the Land Use Act includes “all land situ-

ated in the territory of each state in the

country, vested in the Governor of the

state, to hold in trust and administer

for the use and common benefit of all

Nigerians.”1

For southern Nigeria in particular, this

means state appropriation of land from

families and communities without any

compensation, except for economic

crops and other betterment on the land.

Such land is available for use in the in-

terest of the public, or for development

that provides a service to the public,

and the only possible owner is the State,

implying that it cannot be bought or

sold by people or companies. Before the

introduction of the Land Use Act, how-

ever, state ownership of land in Nigeria

was practiced in the parts of the west,

following the 1861 Treaty of Cession,

which ceded the colony of Lagos to the

British Crown, subject to the customary

rights of the local people—thus vesting

land in the colony before 1963 in the

Queen. When Nigeria became a Repub-

lic in 1963, land was vested in the Fed-

eral Government.

In Part I, titled “General,” apart from the

vesting of all land in the State, the Land

Use Act also distinguishes between two

types of land—urban and other lands

(presumably rural lands). Urban land is

all land situated in the cities, including

the state capital, while other land (rural

lands) are those situated in the villages.

While urban lands were placed under

the control and management of the

1 Section 1 of the Land Use Act, 1978.

Your rigHts unDer tHe nigeriAn Constitution




Governor of the State with a “Land Use

and Allocation Committee” as an advi-

sory body, “other lands” were placed

under the control and management of

the Local Government in which the land

is situated, with the “Land Allocation

Advisory Committee” [Land Use Act

1978: Sections 2(1 )a and b]. Two radical

changes flow from Part 1 of the Act. The

legal status of the Nigerian land user

becomes that of statutory occupancy,

not one of ownership, and the economic

interests and benefits of statutory rights

of occupancy are severely limited by

law, since proprietary interests in land

are lost and claims are restricted to im-

provements made on the land.

Private land in Nigeria

Private or individual land includes all

land that has already been developed

and that has remained in the possession

of the person in whom it was vested

before the Land Use Act became effec-

tive. It also includes land that is owned

or possessed (bought) by a private

individual or company. Even where such

land is bought by private individuals, the

Governor’s consent is needed for the

assignment of title to use, occupy, and

improve the property with a statutory

certificate. This is because the legal sta-

tus of the land user is that of statutory

occupancy, not one of ownership (under

the Act), and the economic interests and

benefits of “statutory rights of occu-

pancy” are severely limited by law, since

proprietary interests in land are lost and

claims are restricted to improvements

made on the land [see 35(1) of the Land

Use Act 1978].

Sometimes, private land as described

above can be compulsorily acquired by

the State for over-riding public interest,

subject to the payment of appropriate

compensation. Such public interest pur-

poses must be stated clearly and may

include development of hospitals, a sta-

dium, public schools, etc. For example,

under Section 44 (1a and 1b) of the 1999

Constitution of the Federal Republic of

Nigeria, no moveable property or any

interest in an immovable property shall

be taken possession of compulsorily

and no right over or interest in any such

property shall be acquired compulsorily

in any part of Nigeria except in the man-

ner and for the purposes prescribed by

a law that, among other things:

(a) requires the prompt payment of

compensation therefore, and

(b) gives to any person claiming such

compensation a right of access for the

determination of his interest in the prop-

erty and the amount of compensation to

a court of law or tribunal or body having

jurisdiction in that part of Nigeria.

To complement this provision, legisla-

tion such as the Land Use Act, Public

Lands Acquisition (Miscellaneous Provi-

sions) Act, and the Public Land Acquisi-

tion Law, were enacted by the National

Assembly and the State House of As-

sembly, respectively. But Section 4 (2)

of the Public Lands Acquisition (Mis-

cellaneous Provisions) Act states that:

where acquired land is undeveloped,

compensation payable is limited to the

actual cost of the land or the exist-

ing use value of the land, whichever is

greater, and the assessment of the com-

pensation payable must be based on the

value of the landed property at the time

when notice of acquisition was served.

Communal land in Nigeria

Communal land in Nigeria is land that

belongs to the indigenous community.

Such land is usually in rural areas and




is held in trust for the people by com-

munity leaders. Rights to such land are

usually recognized under customary

law, with the community holding a cus-

tomary right of occupancy for the land.

It is illegal to alienate a customary right

of occupancy (see Part IV, Section 21 of

the Appendix). This means that indig-

enous communities can continue to:

• live on and use the land;

• stop other people from outside the

community coming onto the land;

• build homes on the land and make

improvements to the land; and

• use forests for burial grounds and

religious purposes, according to

traditional customs.

The Land Use Act No.6 of 1978

The Nigerian Land Use Act evolved

from a decree promulgated on 29

March 1978. The Act is currently the

major legislation governing the use of

land in Nigeria and is aimed at ensuring

an even distribution of land resources

to all Nigerians. The Act has many so-

cial, economic and political objectives.

The objectives, provisions and other

aspects of the Act are treated only in

so far as they relate to the facilitation

of housing provision in the country.

Basically, there are four main objec-

tives derivable from the Act. These

are:

1. to effect structural change in the

system of land tenure;

2. to achieve fast economic and social

transformation;

3. to negate economic inequality

caused by the appropriation of ris-

ing land values by land speculators;

and

4. to make land available easily and

cheaply, to both the government

and private individual developers.2

Hence, the means to achieve these

objectives are many and varied. The

decree provides for all rights to lands

in each state to be vested in the re-

spective states—with a military (or

civilian) governor, to hold them in trust

and administer them for the common

benefit of all Nigerians. The governor is

assisted in the administration and con-

trol of urban land by the Land-Use and

Allocation Committee and, at the local

level, in the administration and control

of non-urban land, by the Land Alloca-

tion and Advisory Committee.

Where an individual has been granted

a certificate of occupancy (legal title),

the holder of the land cannot alienate

that right or any part thereof by as-

signment, mortgage, transfer or pos-

session, sub-lease or otherwise without

the consent of the military / civilian

governor. Significantly, the provision of

Section 43, Sub-Section 1, which states

that “no person shall, in an urban area

erect any building, wall or other struc-

ture upon or enclose, obstruct, culti-

vate or do any act on or in relation to

any land which is not the subject of

occupancy or license lawfully held by

him and in respect of which he has not

received the permission of the military

governor to enter and erect improve-

ment prior to the grant to him of a

right of occupancy.” The decree stipu-

lates severe penalties for contravening

this particular provision of the decree.

2 Implications of Land-Use Act Op-eration in Lagos State, SERAC.




Essentially, in view of the provisions of

the Act, the following inferences could

be drawn:

1. The decree removed corporate

groups, chiefs and families from

the trusteeship of land and re-

placed them with the state gov-

ernor. By this act, Nigeria now

operates a contractual system of

tenure validated by a certificate of

occupancy, which sets out terms

of tenure including access, succes-

sion, duration and rents.

2. Through the breaking of local sov-

ereignty in land, access to land, un-

der a system of uniform rules, may

be facilitated anywhere in Nigeria.

3. Proprietary rights under the tradi-

tional tenure are now replaced by

possible claims to improvements

on the land.

For the effective management of land

in Nigeria, the Land Use Act provides

that the land tenure law of Northern

Nigeria or the State law of Southern

Nigeria shall have effect with modifica-

tions as will bring these laws in con-

formity with the Act. Furthermore, in

Part II of the Act, which introduces the

new land tenure law, distinctions are

made between statutory and custom-

ary rights of occupancy leading to the

changing of the traditional system or

rules of inheritance to land.

The new tenure system introduced

by the Act is not only contractual but

also a dependent type of tenure. While

the governor is empowered to grant

statutory rights of occupancy within

his State, the local governments may

grant customary rights of occupancy

essentially for agricultural purposes.

The grant, however, may not exceed

500 hectares if used for agricultural

purposes or 5,000 hectares if used for

grazing. Part III of the Act deals with

rents, its provisions being dictated by

two important policy issues: the po-

litical necessity to remove land from

market speculation and the economic

imperative of ensuring that available

land is not held for speculative purpos-

es, but used productively.

6.5 Land acquisition and compensa-

tion under the Land Use Act of 1978

Nobody seriously doubts or would

challenge the government’s need for

land in certain cases for projects to

assist the overall development of the

nation. In past years, as noted above,

the government was compelled to

compulsorily acquire the land of com-

munities and families for agricultural

and industrial development. The Land

Acquisition Act of 1917 was the first

law empowering the government to

compulsorily acquire land in Nigeria.

Since then, there have been several

public lands acquisition laws apart

from the 1976 Public Lands Regula-

tion Decree. Unfortunately, a survey of

how the government has gone about

exercising their statutory power re-

veals that it is for reasons other than

for public purposes.

Under the Act, a person’s right of oc-

cupancy may be revoked by the gov-

ernment for overriding public interest,

which the Act declares as (i) alienation

contrary to provisions of that Act or its

regulations, (ii) Federal, State or Local

Government’s request of land for pub-

lic purpose, (iii) requirement of land

for mining purposes or oil pipelines

(see Appendix for details).





Public Interest: Public interest is anything that is

done for the benefit of the people and that im-

proves their living standard or keeps them safe.

Public interest under Nigerian law (Section. 51 of

the Land Use Act) includes:

• exclusive government use or general public

use;

• use by a body corporate directly established

by law or under the Companies and Allied

Matters Act, in which the government owns

shares, stock, or debenture;

• in connection with sanitary improvements of

any kind;

• for controlling land contiguous to land that

would be enhanced by the construction of

railway tracks, or other public works or conve-

niences about to be undertaken by the gov-

ernment;

• for controlling land required for the develop-

ment of telecommunications, electricity or

mining purposes;

• for controlling land required for planned urban

or rural development of settlement;for control-

ling land for economic industrial or agricultural

development;

• for education and other social services.

Compensation: Compensation is money or some-

thing of value paid to make up for damage or loss

caused. In the case of an eviction, compensation

can be money, replacement land, new housing

or any combination of the three. For example, if

the government compulsorily acquires privately-

owned land for public purposes, the person who

holds interest in the land is entitled to compensa-

tion for the loss of the land and improvements

thereof.

Fair and just compensation: The term fair com-

pensation is not clear in Nigerian law. The Land

Use Act states that there would be compensation

for the value of “unexhausted improvements.”

Although Section 29 (4)(b) of the Act prescribes

the replacement cost of acquired buildings or

improvements—less depreciation, together with

interest at bank rate for delayed payment—in

practice, this is hardly complied with.

Certificate of occupancy (C of O): A legal title

document that is issued in favour of the person

holding a right of occupancy. It does not, how-

ever, confer a title, or create a right, but is merely

evidence of title and presumes that one exists.

The possession or otherwise of the document,

however, has serious implications for commercial

transactions in Nigeria.



Defending your housing rights through

registration and regularization

The invasion and illegal development of

government-acquired lands in several

parts of Nigeria, and the occupation

of lands in urban areas based on cus-

tomary title, necessitated a land policy

administration in all states of the fed-

eration, which approved that all such

developments that were not blocking

roads, drainage and not within commit-

ted areas should be regularized. Under

the arrangement, building plan approval

would be granted to occupants subject

to the payment of a penal fee among

other Statutory Processing Fees. This

is described as the process of “ratifica-

tion and regularization” of land hold-

ings within non-committed government

acquisition.

In essence, land registration and regu-

larization (previously referred to as rati-

fication) is a policy of various state gov-

ernments and is the process whereby

squatters on uncommitted government

land are given an opportunity to obtain

legal title to the land they are occupying

from the state government. It is the pro-

cess of allocating government land to

someone who had previously occupied

landed property without lawful author-

ity from the state.

In Lagos State, for instance, the regu-

larization of landholding involves regis-

tration under three types of deeds, or

titles. These are:

• registration under the Registration

of Titles Act;

• registration of deeds under the Land

Instrument Registration Law;

• registration of Certificate of Occu-

pancy under the Land Use Act and

Land Land Instrument Registration

Law.

Regularization is subject to two basic

conditions:

1. that the property is situated in a

Asserting and defending your housing rights




government scheme, estate or com-

mitted area;

2. that the property is situated within

an area that conforms with urban

and regional planning regulations

and state standards.

Initially, the regularization exercise was

based on the conformity of properties

with prepared schemes/layout plans for

some of the ratification areas. There-

after, property regularization was ex-

tended to areas without development

schemes/layout plans, hence the emer-

gence of unplanned developments.

Requirements for registration and regu-

larization of land in Lagos

Following are the requirements for

registration and regularization of land in

Lagos:

(a) A covering letter by the agent

or person completing the application

for regularization must accompany the

application. This covering letter must

contain the following contact details:

address, telephone numbers, mobile

phone numbers and where possible an

e-mail address

(b) A completed Land Regulariza-

tion Form 1 application, obtainable from

the Lands Bureau. Alternatively, the

form is available by downloading from

the Ministry of Lands website at www.

lagoslands.net. The form must be dated

and signed by the applicant and sworn

to before a magistrate or notary public

(c) Four passport sized photographs of

the applicant

(d) Land Information Certificate

(e) A stamped photocopy of the Pur-

chase Receipt

(f) Current Special Development Levy

(g) Tax Clearance Certificate or Elec-

tronic Tax Clearance Certificate

(h) Sketch map of site location

(i) Original survey Ppan

(j) Where building plan approval is re-

quired, the additional requirements are

as follows:

• Five sets of architectural drawings

• Five sets of structural drawings

• Clearance letter in lieu of Title Docu-

ments

• Sunprint copy of survey Plan

• Coren letter of supervision

• Calculation sheet

• Sworn affidavit in lieu of tenement

rate

• EIA report if land title to be granted

is commercial (two copies)

• Payment of processing fee for build-

ing plan approval

• Photograph of property1

Factors to be considered before grant-

ing approval for regularization

It must be noted that only applications

that meet specific criteria will be ap-

proved for regularization. Thus, appli-

cations that are not in line with certain

basic requirements will not be approved

for regularization. Some of the basic re-

quirements include (but are not limited

to) the following:

• The appropriate distance from the

road (set-back) must be observed.

• The appropriate distances from

drainage systems, canals, NNPC

pipelines, gas pipelines, PHCL trans-

formers, high tension wires, elec-

tricity and telephone poles, water

pipelines, etc, as laid down by physi-

cal planning and town planning laws,

must be observed.

• The beacons on the survey plan

must conform with what is on the

1 www.lagoslands.net




subject site.

• The subject site must not fall on a

road alignment.

• The subject site must not fall within

a forest reserve.

• The subject site must not fall within

a committed government area.

• The subject site must fall within the

permitted regularization areas.


legal remedies

What are legal remedies?

When your land and housing rights have

been violated, you have the right under

the 1999 Constitution of the Federal Re-

public of Nigeria and international law

to seek a legal remedy or redress. A le-

gal remedy or redress is a legal solution

to violations of legal rights or a legal

way of seeking compensation for harm

that is done when a law is violated. A

legal remedy in the case of an eviction

might be a court order to stop the evic-

tion from happening or a ruling award-

ing compensation for damages and or

losses incurred after an eviction. It could

also be an order to return land to evict-

ed people or to pay compensation if an

illegal eviction has already happened.

There are several ways that communi-

ties can access legal remedies to try to

protect their land and housing rights.

These include submitting complaints to

the National Human Rights Commission,

Office of the Public Defender, housing

rights NGOs or to the courts.

Making a complaint to the National Hu-

man Rights Commission, NGO or Court

Apart from making complaints to the

Cadastral department of the Federal

and State ministries of Lands and Hous-

ing, the law also provides that all forms

of human rights violations be reported

to the National Human Rights Com-

mission either in

person or in writing

to the Head of-

fice or any of the

zonal offices of

the Commission.

The Commission

through its recently

established Public

Interest Litigation

Unit takes up cases

of human rights

violations in the

court on behalf of

affected individuals.

The NHRC also refers complaints to oth-

er relevant stakeholders, such as Legal

Aid Council and other private lawyers

for representation in the court. At the

federal and state ministries of land and

housing, the relevant department also

investigates cases of violations, solves

land disputes, registers and regularizes

unregistered land and issues certificates

of occupancy (C of O).

Property of displaced people in Abuja, March 2011 (© CoHre).




Complaints of violations may be report-

ed directly to a lawyer, who may repre-

sent the individual or the whole commu-

nity. He or she can help you understand

your legal rights. The lawyer will also be

able to give you advice on taking the

case to court, meeting with authorities,

any negotiations taking place, and what

other options you have.

Unfortunately, a lawyer’s fees are expen-

sive, and it may be difficult to find a law-

yer who is willing to represent you in a

land dispute. In that case, it may help to

contact a legal or housing rights NGO.

Such an NGO may be able to provide

legal advisory services or help you to

find a lawyer at no cost. In Nigeria, such

NGOs, include the Social and Economic

Rights Action Center (SERAC), Socio-

Economic Rights and Accountability

Project (SERAP), Social and Economic

Rights Initiative (SERI), Baobab for

Women Human Rights, Women’s Aid

Collective among others.


advocacy

Advocacy means delivering a message

through words or actions to try to influ-

ence the decisions that affect people’s

lives. For example, some human rights

organizations advocate for the govern-

ment to protect people’s human rights

by publishing reports about human

rights violations. People can also use ad-

vocacy to help protect their land rights

and challenge forced displacement.

There are many different types of advo-

cacy methods. Advocacy can be quiet

and private, for example, by meeting

with officials to raise your concerns, or it

can be vocal and public, for example, by

talking to the press or holding a peace-

ful demonstration. It is usually best to

first share your concerns privately with

the people you want to influence, and if

this is not successful, you may then want

to change your advocacy methods. All

situations are different though, and it is

good to plan an advocacy strategy that

is appropriate for your situation.

An advocacy strategy is a plan that sets

out:

• the goal you or your community

wants to achieve;

• the people you are trying to influ-

ence;

• the types of advocacy methods you

will use; and

• how you will use those methods.

An advocacy strategy also includes the

roles and responsibilities of different

people for carrying out the advocacy.

It might also include a list of whom you

will contact to join or support your ad-

vocacy, such as other communities and

NGOs.

Non-violent collective action

Communities affected by forced evic-

tions can employ several non-violent

community organizing strategies to as-

sert and defend their right to adequate

housing. Some of these strategies in-

clude the following:

1. Organizing a demonstration: Af-

fected communities have the right to

organize non-violent demonstrations

within the framework of the law to

protest against or demand govern-

ment or corporate action in their

favour. Such demonstrations should




be peaceful and are often held at a good time and place, with the protesters

carrying posters with pictures and write-ups conveying specific messages.

2. Writing petitions: Similarly, commu-

nities can write petitions and letters

about their situation to government of-

ficials, individuals or company directors

to draw their attention to developments

in their communities and ask them to

take steps to protect their housing

rights. Where necessary, such letters

and petitions can equally be shared

with the media to raise awareness about

their situation.

3. Intercommunity solidarity visits: Mar-

ginalized communities can encourage

each other, especially during forced

evictions, through inter-community

exchange and solidarity visits. When

they work together, each community

strengthens the others and the whole

group is stronger.

4. Organizing a media briefing: Communi-

ties facing eviction threats can use dif-

ferent types of media strategies to tell

their story to the public and send mes-

sages to the people alerting them about

eviction threats in their community.

Government officials and companies do

not want the local or international pub-

lic to think that they are violating human

rights and the law. Using the media also

helps to raise public awareness about

the situation in such communities. This

will attract public attention and sympa-

thy, which could help drum up support

from different groups, thereby increas-

ing the pressure on government to do

the right thing in the community.

5. Holding meetings with relevant gov-

ernment officials: Community repre-

sentatives can arrange meetings with

relevant government officials or company directors to ask questions relating to

their land and make necessary demands in defence of their rights.


Advocacy: Delivering a message through words or ac-

tions to try to influence the decisions that affect people’s

lives.

Advocacy methods: Different things that you and your

community can do to influence the way things happen

and achieve your objective. Examples include meeting

with officials, organizing peaceful demonstrations and

speaking to the media.

Advocacy strategy: A plan agreed upon by the group

that sets out the outcomes they are trying to achieve,

who they are trying to influence, the types of advocacy

methods they will use and how they will use them. It

should also include the roles and responsibilities for car-

rying out the advocacy, and whom they will contact to

join or support their advocacy, such as other communities

and NGOs.

Forced displacement: When people or communities are

made to leave their homes and lands. Forced displace-

ment often happens because of non-inclusive develop-

ment.

Legal remedy: A legal remedy is a legal solution that pre-

vents a violation of the law from happening or compen-

sates for harm that is done when a law is violated.

Petition: A written protest or request signed or thumb-

printed by many people, asking that the government or

a private person or company does something or stops

doing something.

Title: An official record that states that a person legally

owns a piece of land.



Cover photo / Forced evictions in Ijora Badia, Lagos, June 2010 © SERAC. P4 / The impact of forced evictions on

residents of Makoko, Lagos, 2010 © SERAC. P11 / Forced evictions in Ijora Badia, Lagos, June 2010 © SERAC. P14

/ Nigerian women waiting to vote in 2011 Presidential elections; Jaji, Kaduna State © Eliane Drakopoulos. P21 / Man

preparing food outside in Zaria, Kaduna State, April 2011 © Eliane Drakopoulos. P27 / Livelihoods destroyed in Garki,

Abuaj, October 2010 © COHRE. P32 / Forced evictions to make way for development in Abuja, 2007 © COHRE. P38

/ Demolished structures in Dagiri, FCT, Abuja, March 2011 © COHRE.

COHRE

83, rue de Montbrillant

1202 Geneva

Switzerland

[email protected]

www.cohre.org


6. Research and publica-

tions: Research into hous-

ing rights practices and

best practices in other

countries and regions can

be published and used for

housing rights education

in communities.

7. Advocacy using regional

mechanisms: Regional

mechanisms like the

ECOWAS Court and the

African Commission on

Human and People’s

Rights are institutions

where petitions/com-

plaints can be heard.

8. Establishment of housing

movements and networks:

Communities can form

themselves into groups for

solidarity and collective

action prior to and after

evictions.

COHRE AFRICA

PO Box 22437

00100 (GPO) Nairobi

Kenya

[email protected]

www.cohre.org



LAnD use ACt 1978

APPENDIX

LAND USE ACT, 1978

ACT NO. 6

29TH MARCH 1978

Commencement Whereas it is in the public interest that the rights of all Nigerians to the land of Nigeria be asserted and preserved by law:

And whereas it is also in the public interest that the rights of all Nigerians to use and enjoy land in Nigeria and the natural fruits thereof in sufficient quantity to enable them to provide for the sustenance of themselves and their families should be assured, protected and preserved:

NOW THEREFORE, THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows:

Part I – General Vesting of all land in the State. 1. Subject to the provisions of this Decree, all land comprised in the territory of

each State in the Federation are hereby vested in the Military Governor of that State and such land shall be held in trust and administered for the use and common benefit f all Nigerians in accordance with the provisions of this Decree.

Control and management 2. (1) As from the commencement of this Decree – (a) all land in of land; advisory bodies. urban areas shall be under the control and management of the Military

Governor of each State; and b) all other land shall, subject to this Decree, be under the control and management of the Local Government within the area of jurisdiction of which the land is situated.

(2) There shall be established in each State a body to be known as ‘the Land Use and Allocation Committee’ which shall have responsibility for –

(a) advising the Military Governor on any matter connected with the management of land to which paragraph (a) of subsection (1) above relates:

(b) advising the Military Governor on any matter connected with the resettlement of persons affected by the revocation of rights of occupancy on the ground of overriding public interest under this Decree; and

(c) determining disputes as to the amount of compensation payable under this Decree for improvements on land.

(3) The Land Use and Allocation Committee shall consist of such number of persons as the Military Governor may determine and shall include in its membership –

(a) not less than two persons possessing qualifications approved for appointment to the public service as estate surveyors or land officers and who have had such qualification for not less than five years; and

(b) a legal practitioner.



LAnD use ACt 1978

(4) The Committee shall be presided over by such one of its members as may be designated by the Military Governor and, subject to such directions as may be given in that regard by the Military Governor, shall have power to regulate its proceedings.

(5) There shall also be established for each Local Government a body to be known as ‘the Land Allocation Advisory Committee’ which shall consist of such persons as may be determined by the Military Governor acting after consultation with the Local Government and shall have responsibility for advising the Local Government on any matter connected with the management of land to which paragraph (b) of subsection (1) above relates.

Designation of urban Areas 3. Subject to such general conditions as may be specified in that behalf by the National Council of States, the Military Governor may for the purposes of this Decree by order published in the State Gazette designate the parts of the area of the territory of the State consisting land in an urban area.

Applicable law for the interim 4. Until other provisions are made in that behalf and, subject to the Management of land. provisions of this Decree, land under the control and management of the Military

Governor under this Decree shall be administered –

(a) in the case of any State where the Land Tenure Law of the former Northern Nigeria applies, in accordance with the provisions of that Law; and

(b) in every other case, in accordance with the provisions of the State Land Law applicable in respect of State land in the State.

And the provisions of the Land Tenure Law or the State Land Law, as the case may be, shall effect with such modifications as would bring those Laws into conformity with the Decree or its general intendment.

Powers of the Military Governor 5. (1) It shall be lawful for the Military Governor in respect of land, whether or in relation to land. not in an urban area –

(a) to grant statutory rights of occupancy to any person for all purposes;

(b) to grant easements appurtenant to statutory rights of occupancy;

(c) to demand rental for any such land granted to any person;

(d) to revise the said rental – i. at such intervals as may be specified in the certificate of occupancy;

or ii. where no intervals are specified in the certificate of occupancy at any

time during the term of the statutory right of occupancy;

(e) to impose a penal rent for a breach of any covenant in a certificate of occupancy requiring the holder to develop or effect improvements on the land the subject of the certificate of occupancy and to revise such penal rent as provided in section 19; (f) to impose a penal rent for a breach of any condition, express or implied, which precludes the holder of a statutory rights of occupancy from alienating the right of occupancy or any part thereof by sale, mortgage, transfer or possession, sub-lease or bequest or otherwise howsoever without the prior consent of the Military Governor.



LAnD use ACt 1978

(g) to waive, wholly of partially, except as otherwise prescribed, all or any of the covenants or conditions to which a statutory right of occupancy is subject where, owing to special circumstances, compliance therewith would be impossible or great hardship would be imposed upon the holder;

(h) to extend as otherwise prescribed, the time to the holder of a statutory right of occupancy for performing any of the conditions of the right of occupancy upon such terms and conditions as he may think fit.

(2) Upon the grant of a statutory right of occupancy under the provisions of subsection (1) of this section, all existing rights to the use and occupation of the land which is the subject of the statutory right of occupancy shall be extinguished.

Powers of Local Government in 6. (1) It shall be lawful for a Local Government in respect of land not in an relation to land not in urban area – urban areas.

(a) to grant customary rights of occupancy to any person or organization for the use of land in the Local Government area for agricultural, residential and other purposes; (b) to grant customary rights of occupancy to any person or organization for the use of land for grazing purposes and such other purposes ancillary to agricultural purposes as may be customary in the Local Government area concerned. (2) No single customary right of occupancy shall be granted in respect of an area of land in excess of 500 hectares if granted for agricultural purposes, or 5,000 hectares if granted for grazing purposes, except with the consent of the Military Governor. (3) It shall be lawful for a Local Government to enter upon, use and occupy for public purpose any land within the area of its jurisdiction which is not –

(a) land within an area declared to be an urban area pursuant to section 3 of this Decree;

(b) the subject of a statutory right of occupancy; (c) within any area compulsorily acquired by the Government of the

Federation or of the State concerned; (4) The Local Government shall have exclusive rights to the lands so occupied against all persons except the Military Governor. (5) The holder and the occupier according to their respective interests of any customary right of occupancy revoked under subsection (2) shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. (6) Where land in respect of which a customary right of occupancy is revoked under this Decree was used for agricultural purposes by the holder, the Local Government shall allocate to such holder alternative land for use for the same purpose. (7) If a Local Government refuses or neglects within a reasonable time to pay compensation to a holder and an occupier according to their respective interest under the provisions of subsection (5), the Military Governor may proceed to the assessment of compensation under section 29 and direct the Local Government to pay the amount of such compensation to the holder and occupier according to their respective interests.



LAnD use ACt 1978

Restriction on rights of 7. It shall not be lawful for the Military Governor to grant a statutory right of Persons under age of 21. occupancy or consent to the assignment or subletting of a statutory right of

occupancy to a person under the age of twenty-one years: Provided that –

(a) where a guardian or trustee for a person under the age of 21 has been duly appointed for such purpose the Military Governor may grant or consent to the assignment or subletting of a statutory right of occupancy to such guardian or trustee on behalf of such person under age;

(b) a person under the age of twenty-one years upon whom a statutory right of

occupancy devolves on the death of the holder shall have the same liabilities and obligations under and in respect of his right of occupancy as if he were of full age notwithstanding the fact that no guardian or trustee has been appointed for him.

Special contracts. 8. Statutory right of occupancy granted under the provisions of section 5(1)(a)

shall be for a definite term and may be granted subject to the terms of any contract which may be made by the Military Governor and the holder not being inconsistent with the provisions of this Decree.

Certificates of occupancy 9. (1) It shall be lawful for the Military Governor –

(a) when granting a statutory right of occupancy to any person; or (b) when any person is in occupation of land under a customary right of

occupancy and applies in the prescribed manner; or (c) when any person is entitled to a statutory right of occupancy, to issue a

certificate under his hand in evidence of such right of occupancy. (2) Such certificate shall be termed a certificate of occupancy and there shall be paid therefore by the person in whose name it is issued, such fee (if any) as may be prescribed. (3) If the person in whose name a certificate of occupancy is issued, without lawful excuse, refuses or neglects to accept and pay for the certificate, the Military Governor may cancel the certificate and recover from such person any expenses incidental thereto, and in the case of a certificate evidencing a statutory right of occupancy to be granted under paragraph (a) of subsection (1) the Military Governor may revoke the statutory right of occupancy. (4) The terms and conditions of a certificate of occupancy granted under this Decree and which has been accepted by the holder shall be enforceable against the holder and his successors in title, notwithstanding that the acceptance of such terms and conditions is not evidenced by the signature only or, in the case of a corporation, is evidenced by the signature only of some person purporting to accept on behalf of the corporation.

Conditions and provisions Every certificate of occupancy shall be deemed to contain provisions to the Implied in certificates of following effect – occupancy.

(a) that the holder binds himself to pay to the Military Governor the amount found to be payable in respect of any unexhausted improvements existing on the land at the date of his entering into occupation;

(c) that the holder binds himself to pay to the Military Governor the rent fixed

by the Military Governor and any rent which may be agreed or fixed on revision in accordance with the provisions of section 16.



LAnD use ACt 1978

Power of Military Governor or 11. The Military Governor or any public officer duly authorized by the Military Public Officer to enter and Governor in that behalf shall have the power to enter upon and inspect the land inspect land and improvements. comprised in any statutory right of occupancy or any improvements effected thereon at any reasonable hours in the day time and the occupier shall permit

and give free access to the Military Governor or any such officers so to enter and inspect.

Powers of Military Governor to 12. (1) It shall be lawful for the Military Governor to grant a licence to any grant licences to take building person to enter upon any land which is not the subject of a statutory right of materials. occupancy or of a mining lease, mining right or exclusive prospecting licence

granted under the Minerals Act or any other enactment, and remove or extract there from any stone, gravel, clay, sand or other similar substance (not being a mineral within the meaning assigned to that term in the Minerals Act) that may be required for building or for the manufacture of building materials.

(2) Any such licence may be granted for such period and subject to such

conditions as the Military Governor may think proper or as may be prescribed. (3) No such licence shall be granted in respect of an area exceeding 400

hectares. (4) It shall not be lawful for any licensee to transfer his licence in any manner

whatsoever without the consent of the Military Governor first had and obtained and nay such transfer effected without the consent of the Military Governor shall be null and void.

(5) The Military Governor may cancel any such licence if the licensee fails to

comply with any of the conditions of the licence. Duty of occupier of statutory 13. (1) The occupier of a statutory right of occupancy shall at all times maintain right of occupancy to maintain in good and substantial repair to the satisfaction of the Military Governor, or of beacons. such public officer as the Military Governor may appoint in that behalf, all

beacons or other land marks by which the boundaries of the land comprised in the statutory right of occupancy are defined and in default of his so doing the Military Governor or such public officer as aforesaid may by notice in writing require the occupier to define the boundaries in the manner and within the time specified in such notice.

(2) If the occupier of a statutory right of occupancy fails to comply with a notice

served under subsection (1) of this section, he shall be liable to pay the expenses (if any) incurred by the Military Governor in defining the boundaries which the occupier has neglected to define.

Exchange rights of 14. Subject to the other provisions of this Decree and of any laws relating to way Occupancy. leaves, to prospecting for minerals or mineral oils or to mining or to oil pipelines

and subject to the terms and conditions of any contract made under section 8, the occupier shall have exclusive rights to the land the subject of the statutory right of occupancy against all persons other than the Military Governor.

The right to improvements. 15. During the term of a statutory right of occupancy the holder – (a) shall have the sole right to and absolute possession of all the improvements

on the land;

(b) may, subject to the prior consent of the Military Governor, transfer, assign or mortgage any improvements on the land which have been effected pursuant to the terms and conditions of the certificate of occupancy relating to the land.



LAnD use ACt 1978

PART III – RENTS

Principles to be observed in 16. In determining the amount of the original rent to be fixed for any particular fixing and revising rents. land and the amount of the revised rent to be fixed on any subsequent revision

of rent, the Military Governor – (a) shall take into consideration the rent previously fixed in respect of any other

like land in the immediate neighbourhood, and shall have regard to all the circumstances of the case;

(b) shall not take into consideration any value due to capital expended upon the land by the same or any previous occupier during his term or terms of occupancy, or any increase in the value of the land the rental of which is under consideration, due to the employment of such capital.

Power of Military Governor to 17. (1) The Military Governor may grant a statutory right of occupancy free of grant rights of occupancy free rent or at a reduced rent in any case in which he is satisfied that it would be in for rent or at reduced rent. the public interest to do so. (2) Where a statutory right of occupancy has been granted free of rent the

Military Governor may, subject to the express provisions of the certificate of occupancy, nevertheless impose a rent in respect of the land the subject of the right of occupancy if and when he may think fit.

Acceptance of rent not to 18. Subject to the provisions of sections 20 and 21, the acceptance by or on operate as a waiver of forfeiture. behalf of the Military Governor of any rent shall not operate as a waiver by the Military Governor of any forfeiture accruing by reasons of the breach of any

covenant or condition, express or implied, in any certificate of occupancy granted under this Decree.

Penal rent. 19. (1) When in any certificate of occupancy the holder has covenanted to

develop or effect improvements on the land the subject of the certificate of occupancy and has committed a breach of such covenant, the Military Governor may –

(a) at the time of such breach or at any time thereafter, so long as the breach

remains unremedied, fix a penal rent which shall be payable for twelve months from the date of such breach; and

(b) on the expiration of twelve months from the date of such breach and on the

expiration of every subsequent twelve months so long as the breach continues revise the penal rent to be paid.

(2) Such penal rent or any revision thereof shall be in addition to the rent reserved by the certificate of occupancy and shall be recoverable as rent: Provided that the first penal rent fixed shall not exceed the rent so reserved and any revised penal rent shall not double the penal rent payable in respect of the twelve months preceding the date of revision. (3) If the Military Governor fixes or revises a penal rent he shall cause a notice in writing to be sent to the holder informing him of the amount thereof and the rent so fixed or revised shall commence to be payable one calendar month from the date of the receipt of such notice. (4) If the breach for which a penal rent has been imposed is remedied before the expiration of the period for which such rent has been paid, the Military Governor may in his discretion refund such portion of the penal rent paid for such period as he may thing fit,



LAnD use ACt 1978

(5) The fact that a penal rent or a revised penal rent has been imposed shall not preclude the Military Governor, in lieu of fixing a subsequent penal rent, from revoking the statutory right of occupancy:

Provided that the statutory right of occupancy shall not be revoked during the period for which a penal rent has been paid.

Additional penal rent for 20.(1) If there has been any breach of any of the provisions of section 22 or 23 unlawful alienation. the Military Governor may in lieu of revoking the statutory right of occupancy

concerned demand that the holder shall pay an additional and penal rent for and in respect of each day during which the land the subject of the statutory right of occupancy or any portion thereof or any buildings or other works erected thereon shall be or remain in the possession, control or occupation of any person whomsoever other than the holder.

(2) Such additional and penal rent shall be payable upon demand and shall be

recoverable as rent. (3) The acceptance by or on behalf of the Military Governor of any such

additional and penal rent shall not operate as a waiver by the Military Governor of any breach of section 22 or 23 which may continue after the date up to and in respect of which such additional and penal rent has been paid or is due and owing and the Military Governor shall accordingly be entitled to exercise in respect of any such continuing breach all or any of the powers conferred upon him by this Decree.

PART IV – ALIENATION AND SURRENDER OF RIGHTS OF OCCUPANCY Prohibition of alienation of 21 It shall not be lawful for any customary right of occupancy or any part thereof customary right of occupancy to be alienated by assignment, mortgage, transfer of possession, sublease or except with requisite consent otherwise howsoever – or approval.

(a) without the consent of the Military Governor in cases where the property is to be sold by or under the order of any court under the provisions of the applicable Sheriffs and Civil Process Law; or

(b) in other cases without the approval of the approval of appropriate Local

Government. Prohibition of alienation of 22. It shall not be lawful for the holder of a statutory right of occupancy granted statutory right of occupancy by the Military Governor to alienate his right of occupancy or any part thereof by without consent of Military assignment, mortgage, transfer of possession, sublease or otherwise howsoever Governor. without the consent of the Military Governor first had and obtained: Provided that the consent of the Military Governor –

(a) shall not be required to the creation of a legal mortgage over a statutory

right of occupancy in favour of a person in whose favour an equitable mortgage over the right of occupancy has already been created with the consent of the Military Governor;

(b) shall not be required to reconveyance or release by a motgagee to a holder

or occupier of a statutory right of occupancy which that holder or occupier has mortgaged to that mortgagee with the consent of the Military Governor;

(c) to the renewal of a sub-lease shall not be presumed by reason only of his

having consented to the grant of a sub-lease containing an option to renew the same.



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(2) The Military Governor when giving his consent to an assignment, mortgage or sub-lease may require the holder of a statutory right of occupancy to submit an instrument executed in evidence of the assignment, mortgage or sub-lease and the holder shall when so required deliver the said instrument to the Military Governor in order that the consent given by the Military Governor under sub-section (1) may be signified by endorsement thereon.

Sub-under-leases. 23. (1) A sub-lease of a statutory right of occupancy may, with the prior consent

of the Military Governor and with the approval of the holder of the statutory right of occupancy, demise by way of sub-under-lease to another person the land comprised in the sub-lease held by him or any portion of the land.

(2) The provision of subsection (2) of section 22 shall apply mutates mutandis to

any transaction effected under subsection (1) of this section as if it were a sublease granted under section 22.

Devolution of rights of 24. The devolution of the rights of an occupier upon death shall – occupancy on death.

(a) in the case of a customary right of occupancy, unless non customary law or any other customary law applies be regulated by the customary law existing in the locality in which the land is situated; and

(b) in the case of a statutory right of occupancy (unless any non-customary law

or other customary law applies) be regulated by the customary law of the deceased occupier at the time of his death relating to the distribution of property of like nature to a right of occupancy:

Provided that – (a) no customary law prohibiting, restricting or regulating the devolution on

death to any particular class of persons or the rights to occupy any land shall operate to deprive any person of any beneficial interest in such land (other than the right to occupy the same) or in the proceeds of sale thereof to which he may be entitled under the rules of inheritance of any other customary law;

(b) a statutory right of occupancy shall not be divided into two or more parts on

devolution by the death of the occupier, except with the consent of the Military Governor.

Effect of deed or will where 25 In the case of the devolution or transfer of rights to which any non-customary Non-customary law applies. law applies, no deed or Will shall operate to create any proprietary right over

land except that of a plain transfer of the whole of the rights of occupation over the whole of the land.

Null and void transactions 26. Any transaction or any instrument which purports to confer on or vest in any and instruments. person any interest or rights over land other than in accordance with the

provisions of this Decree shall be null and void. Surrender of statutory 27. The Military Governor may accept on such terms and conditions as he may rights of occupancy. think proper the surrender of any statutory right of occupancy granted under this

Decree. PART V – REVOCATION OF RIGHTS OF OCCUPANCY AND COMPENSATION THEREFOR Power of Military Governor to 28. (1) It shall be lawful for the Military Governor to revoke a right of occupancy revoke rights of occupancy. for overriding public interest.



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(2) Overriding public interest in the case of a statutory right of occupancy means– (a) the alienation by the occupier by assignment, mortgage, transfer of

possession, sublease, or otherwise of any right of occupancy or part thereof contrary to the provisions of this Decree or of any regulations made thereunder;

(b) the requirement of the land by the Government of the State or by a Local

Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation;

(c) the requirement of the land for mining purpose or oil pipelines or for any

purpose connected therewith. (3) Overriding public interest in the case of a customary right of occupancy means – (a) the requirement of the land by the Government of the State or by a Local

Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of Federation for public purpose of the Federation;

(b) the requirement of the land for mining purpose or oil pipelines or for any

purpose connected therewith;

(c) the requirement of the land for the extraction of building materials;

(d) the alienation by the occupier by sale, assignment, mortgage, transfer of possession, sublease, bequest or otherwise of the right of occupancy without the requisite consent or approval.

(4) The Military Governor shall revoke a right of occupancy in the event of the issue of a notice by or on behalf of the head of the Federal Military Government if such notice declares such land to be required by the Government for public purposes. (5) The Military Government may revoke a statutory right of occupancy on the ground of – (a) a breach of any of the provisions which a certificate of occupancy is by

section 10 deemed to contain: (b) a breach of any term contain in the certificate of occupancy or in any special

contract made under section 8;

(c) a refusal or neglect to accept and pay for a certificate which was issued in evidence of a right of occupancy but has been cancelled by the Military Governor under subsection (3) of section 10.

(6) The revocation of a right of occupancy shall be signified under the hand of a public officer duly authorized in that behalf by the Military Governor and notice thereof shall be given to the holder. (7) The title of the holder of a right of occupancy shall be extinguished on receipt by him of a notice given under subsection (5) or on such later date as may be stated in the notice.

Compensation payable on 29. (1) If a right of occupancy is revoked for the cause set out in paragraph (b)



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revocation of right of occupancy of subsection (2) of section 28 or in paragraph (a) or (c) of subsection (3) of the by Military Governor in same section, the holder and the occupier shall be entitled to compensation for certain cases. the value at the date of revocation of their unexhausted improvements. (2) If a right of occupancy is revoked for the cause set out in paragraph (c) of

subsection (2) of section 28 or in paragraph (b) of subsection (3) of the same section the holder and the occupier shall be entitled to compensation under the appropriate provisions of the Minerals Act or the Mineral Oils Act or any legislation replacing the same.

(3) If the holder or the occupier entitled to compensation under this section is a

community the Military Governor may direct that any compensation payable to it shall be paid –

(a) to the community; or (b) to the Chief or leader of the community to be disposed of by him for the

benefit of the community in accordance with the applicable customary law; or

(c) into some fund specified by the Military Governor for the purpose of being

utilized or applied for the benefit of the community. (4) Compensation under subsection (1) of this section shall be, as respects – (a) the land, for an amount equal to the rent, if any, paid by the occupier

during the year in which the right of occupancy was revoked; (b) buildings, installation or improvements thereon, for the amount of the

replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer;

(c) crops on land apart from any building, installation or improvement thereon,

for an amount equal to the value as prescribed and determined by the appropriate officer.

(5) Where the land in respect of which a right of occupancy has been revoked forms part of a larger area the compensation payable shall be computed as in subsection (4)(a) above less a proportionate amount calculated in relation to that part of the area not affected by the revocation but of which the portion revoked forms a part and any interest payable shall be assessed and computed in the like manner. (6) Where there is any building, installation or improvement or crops on the land to which subsection (5) applies, then compensation shall be computed as specified hereunder, that is as respects – (a) such land, on the basis specified in that subsection;

(b) any building, installation or improvement or crops thereon (or any

combination of two or all of those things) on the basis specified in that subsection and subsection (4) above, or so much of those provisions as are



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applicable, and any interest payable under those provisions shall be computed in like manner.

(7) For the purposes of this section, ‘installation’ means any mechanical apparatus set up or put in position for use or materials set up in or on land or other equipment, but excludes any fixture in or on any building.

Reference to dispute as 30. Where there arises any dispute as to the amount of compensation calculated to compensation. in accordance with the provisions of section 29, such dispute shall be referred to

the appropriate Land Use and Allocation Committee. Exclusion of the application 31. The provisions of the Public Lands Acquisition (Miscellaneous Provisions) of the Public Lands Acquisition Decree 1976 shall not apply in respect of any land vested in, or taken over by, (Miscellaneous Provisions) the Military Governor or any Local Government pursuant to this Decree or the Decree 1976. 1976 No. 31. right of occupancy to which is revoked under the provisions of this Decree but

shall continue to apply in respect of land compulsorily acquired before the commencement of this Decree.

Debt due to Government not 32. The revocation of a statutory right of occupancy shall not operate to extinguished by revocation. extinguish any debt due to the Government under or in respect of such right of

occupancy. Option to accept resettlement 33. (1) Where a right of occupancy in respect of any developed land on which in case of revocation of a residential building has been erected is revoked under this Decree, the Military right of occupancy. Governor or the Local Government, as the case may be, may in his or its

discretion offer in lieu of compensation payable in accordance with the provisions of this Decree resettlement in any other place or area by way of a reasonable alternative accommodation (if appropriate in the circumstances).

(2) Where the value of any alternative accommodation as determined by the

appropriate officer or the Land Use and Allocation Committee is higher than the compensation payable under this Decree the parties concerned may by agreement require that the excess in value in relation to the property concerned shall be treated as a loan which the person affected shall refund or repay to the Government in the prescribed manner.

(3) Where a person accepts a resettlement pursuant to subsection (1) of this

section his right to compensation shall be deemed to have been duly satisfied and no further compensation shall be payable to such person.

PART VI – TRANSITIONAL AND OTHER RELATED PROVISIONS Transitional provisions on 34. (1) The following provisions of this section shall have effect in respect of land in urban areas. land in an urban area vested in any person immediately before the

commencement of this Decree. (2) Where the land is developed the land shall continue to be held by the person

in whom it was vested immediately before the commencement of this Decree as if the holder of the land was the holder of a statutory right of occupancy issued by the Military Governor under this Decree.

(3) In respect of land to which subsection (2) of this section applies there shall

be issued by the Military Governor on application to him in the prescribed form a certificate of occupancy if the Military Governor is satisfied that the land was, immediately before the commencement of this Decree, vested in that person.

(4) Where the land to which subsection (2) of this section applies was subject to any mortgage, legal or equitable, or any encumbrance or interest valid in law such land shall continue to be so subject and the certificate of occupancy issued,



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shall indicate that the land is so subject, unless the continued operation of the encumbrance or interest would in the opinion of the Military Governor be inconsistent with the provisions, or general intendment of this Decree.

(5) Where on the commencement of this Decree the land in undeveloped then –

(a) one plot or portion of the land not exceeding half hectare in area shall subject to subsection (6) below, continue to be held by the person in whom the land was so vested as if the holder of the land was the holder of a statutory right of occupancy granted by the Military Governor in respect of the plot or portion as aforesaid under this Decree; and

(b) all the rights formerly vested in the holder in respect of the excess of the

land shall on the commencement of this Decree be extinguished and the excess of the land shall be taken over by the Military Governor and administered as provided in this Decree.

(6) Paragraph (a) of subsection (5) above shall not apply in the case of any person who was on the commencement of this Decree also the holder of any undeveloped land elsewhere in any urban area in the State and in respect of such a person all his holdings of undeveloped land in any urban area in the State shall be considered together and out of undeveloped land so considered together (a) one plot or portion not exceeding ½ hectare in area shall continue to be

held by such a person as if a right of occupancy had been granted to him by the Military Governor in respect of that plot or portion; and

(b) the remainder of the land (so considered together) in excess of ½ hectare

shall be taken over by the Military Governor and administered in accordance with this Decree and the rights formerly vested in the holder in respect of such land shall be extinguished.

(7) No land to which subsection (5)(a) or (6) above applies held by any person shall be further subdivided or laid out in plots and no such land shall be transferred to any person except with the prior consent in writing of the Military Governor. (8) Any instrument purporting to transfer any undeveloped land in contravention of subsection (7) above shall be void and of no effect whatsoever in law and any party to any such instrument shall be guilty of an offence and liable on conviction to imprisonment for one year or a fine of N5,000.00. (9) In relation to land to which subsection (5)(a) or (6)(a) applies there shall be issued by the Military Governor on application therefore in the prescribed form a certification of occupancy if the Military Governor is satisfied that the land was immediately before the commencement of this Decree vested in that person.

Compensation for 35. (1) Section 34 of this section shall have effect notwithstanding that the land improvements in in question was held under a leasehold, whether customary or otherwise, and certain cases. formed part of an estate laid out by any person, group or family in whom the

leasehold interest or revision in respect of the land was vested immediately before the commencement of this Decree so however on group of family in whom the leasehold interest or reversion was vested that if there has been any improvements on the land effected by the person; as aforesaid the Military Governor shall, in respect of the improvements, pay to that person, group or family compensation computed as specified in section 29 of this Decree.

(2) There shall be deducted from the compensation payable under subsection (1)

of this section any levy by way of development or similar charges paid in respect



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of the improvements on the land by the lessee to the person, group or family in whom the leasehold interest or reversion was vested and the amount to be deducted shall be determined by the Military Governor taking into consideration all the circumstances of the case.

Transitional provisions on 36. (1) The following provisions of this section shall have effect in respect of land not in urban areas. land not in an urban area which was immediately before the commencement of

this Decree held or occupied by any person.

(2) Any occupier or holder of such land, whether under customary rights or otherwise howsoever, shall if that land was on the commencement of this Decree being used for agricultural purposes continue to be entitled to possession of the land for use for agricultural purposes as if a customary right of occupancy had been granted to the occupier or holder thereof by the appropriate Local Government and the reference in this subsection to land being used for agricultural purposes includes land which is, in accordance with the customary of the locality concerned, allowed to lie fallow for purposes of recuperation of the soil

(3) On the production to the Local Government by the occupier of such land, at his discretion, of a sketch or diagram or other sufficient description of the land in question and on application therefore in the prescribed from the Local Government shall if satisfied that the occupier or holder was entitled to the possession of such land whether under customary rights or otherwise howsoever, and that the land was being used for agricultural purpose at the commencement of this Decree register the holder or occupier as one to whom a customary right of occupancy had been issued in respect of the land in question.

(4) Where the land is developed, the land shall continue to be held by the person whom it was vested immediately before the commencement of this Decree as if the holder of the land was the holder of a customary right of occupancy issued by the Local Government, and if the holder or occupier of such developed land, at his discretion, produces a sketch or diagram showing the area of the land so developed the Local Government shall if satisfied that that person immediately before the commencement of this Decree has the land vested in him register the holder or occupier as one in respect of whom a customary right of occupancy has been granted by the Local Government.

(5) No land to which this section applies shall be subdivided or laid out in plots and no such land shall be transferred to any person by the person in whom the land was vested as aforesaid.

(6) Any instrument purporting to transfer any land to which this section relates

shall be void and of no effect whatsoever in law and every party to any such instrument shall b guilty of an offence and shall on conviction to a fine of N5,000.00 or to imprisonment for one (1) year.

Penalty for false claims, etc. 37. If any person other than one in whom any land was lawfully vested in respect of land. immediately before the commencement of this Decree enters any land in

purported exercise of any right in relation to possession of the land or makes any false claim in respect of the land to the Military Governor or any Local Government for any purpose under this section, he shall be guilty of an offence and liable on conviction to an imprisonment for one (1) year or to a fine of N5,000.00

Preservation of power of 38. Nothing in this Part shall be construed as precluding the exercise by the Military Governor to revoke Military Governor or as the case may be, the Local Government concerned of the



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rights of occupancy. powers to revoke, in accordance with the applicable provisions of this Decree, rights of occupancy, whether statutory or customary, in respect to any land to which this Part relates.

PART VII – JURISDICTION OF HIGH COURTS AND OTHER COURTS Jurisdiction of High Court 39. (1) The High Court shall have exclusive original jurisdiction in respect of the

following proceedings:-

(a) proceedings in respect of any land the subject of a statutory right of occupancy granted by the Military Governor or deemed to be granted by him under this Decree; and for the purposes of this paragraph proceedings include proceedings for a declaration of title to a statutory right of occupancy.

(b) proceedings to determine any question as to the persons entitled to

compensation payable for improvements on land under this Decree. (2) All laws, including rules of court, regulating the practice and procedure of the High Court shall apply in respect of proceedings to which this section relates and the laws shall have effect with such modifications as would enable effects to be given to the provisions of this section.

Special provisions in respect 40. Where on the commencement of this Decree proceedings had been of pending proceedings. commenced or were pending in any court or tribunal (whether at first instance or

no appeal) in respect of any question concerning or pertaining to title to any and or interest therein such proceedings may be continued and be finally disposed of by the court concerned but any order or decision of the court shall only be as respect the entitlement of either of the parties to the proceedings to a right of occupancy, whether statutory or customary, in respect of such land as provided in this Decree.

Jurisdiction of area courts 41. An area court of customary court or other court of equivalent jurisdiction in a or customary courts, etc. State shall have jurisdiction in respect of proceedings in respect of a customary

right of occupancy granted by a Local Government under this Decree; and for the purposes of this paragraph proceedings include proceedings for a declaration of title to a customary right of occupancy and all laws including rules of court regulating practice and procedure of such courts shall have effect with such modifications as would enable effect to be given to this section.

Proceedings for recovery of 42. (1) Proceedings for the recovery of rent payable in respect of any certificate rent in respect of certificate of occupancy may be taken before a Magistrates Court of competent jurisdiction of occupancy, etc. by and in the name of the Chief Lands Officer or by and in the name of any other

officer appointed by the Military Governor in that behalf.

(2) Proceedings for the recovery of rent payable in respect of any customary right of occupancy may be taken by and in the name of the Local Government concerned in the area court or customary court or any court of equivalent jurisdiction.

PART VIII - SUPPLEMENTAL Prohibition of and penalties for 43. (1) Save as permitted under section 34 of this Decree, as from the unauthorized use of land. commencement of this Decree no person shall in an urban area –

(a) erect any building, wall, fence or other structure upon; or (b) enclose, obstruct, cultivate or do any act on or in relation to, any land which

is not the subject of a right of occupancy or licence lawfully held by him or in respect of which he has not received the permission of the Military



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Governor to enter and erect improvements prior to the grant to him of a right of occupancy.

(2) Any person who contravenes any of the provisions of subsection (1) shall on being required by the Military Governor so to do and within the period of time fixed by the Military Governor, remove any building, wall, fence, obstruction, structure or thing which he may have caused to be placed on the land and he shall put the land in the same condition as nearly as may be in which it was before such contravention. (3) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and liable on conviction to imprisonment for one year or to a fine of N5,000.00. (4) Any person who fails or refuses to comply with a requirement made by the Military Governor under subsection (2) shall be guilty of an offence and liable on conviction to a fine of N100.00 for each day during which he makes default in complying with the requirement of the Military Governor.

Service of notices. 44. Any notice required by the Decree to be served on any person shall be

effectively served on him – (a) by delivering it to the person on whom it is to be served; or (b) by leaving it at the usual or last known place of abode of that person; or (c) by sending it in a prepaid registered letter addressed to that person at his

usual or last known place of abode; or (d) in the case of an incorporated company or body, by delivering it to the

Secretary or Clerk of the company or body at its registered or principal office or sending it in a prepaid registered letter addressed to the Secretary of Clerk of the company or body at that office; or

(e) if it is not practicable after reasonable inquiry to ascertain the name or

address of a holder or occupier of land on whom it should be served, by addressing it to him by the description of ‘holder’ or ‘occupier’ of the premises (naming them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Delegation of powers. 45. (1) The Military Governor may delegate to the State Commissioner all or any

of the powers conferred on the Military Governor by this Decree, subject to such restrictions, conditions and qualifications, not being inconsistent with the provisions, or general intendment, of this Decree as the Military Governor may specify.

(2) Where the power to grant certificates has been delegated to the State

Commissioner such certificates shall be expressed to be granted on behalf of the Military Governor.

Power to make regulations. 46. (1) The National Council of States may make regulations for the purpose of

carrying this Decree into effect and particularly with regard to the following matters –

(a) the transfer by assignment or otherwise howsoever of any rights of

occupancy, whether statutory or customary, including the conditions applicable to the transfer of such rights to persons who are not Nigerians;



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(b) the terms and conditions upon which special contracts may be made under

section 8; (c) the grant of certificates of occupancy under section 9; (d) the grant of temporary rights of occupancy; (e) the method of assessment of compensation for the purposes of section 29 of

this Decree. (2) The Military Governor may, subject to subsection (1) make regulations with regard to the following matters:- (a) the method of application for any licence or permit and the terms and

conditions under which licences may be granted; (b) the procedure to be observe in revising rents; (c) the fees to be paid for any matter or thing done under this Decree; (d) the forms to be used for any document or purpose.

Exclusion of certain 47. (1) This Decree shall have effect notwithstanding anything to the contrary proceedings. in nay law or rule of law including the Constitution of the Federation or of a State

and, without prejudice to the generality of the foregoing, no court shall have jurisdiction to inquire into: (a) any question concerning or pertaining to the vesting of all land in the

Military Governor in accordance with the provisions of this Decree; or (b) any question concerning or pertaining to the right of the Military Governor to

grant a statutory right of occupancy in accordance with the provisions of this Decree; or

(c) any question concerning or pertaining to the right of a Local Government to

grant a customary right of occupancy under this Decree. (2) No court shall have jurisdiction to inquire into any question concerning or pertaining to the amount or adequacy of any compensation paid or to be paid under this Decree.

Modification of existing laws. 48. All existing law relating to the registration of title to, or interest in, land or

the transfer of title to or any interest in land shall have effect subject to such modifications (whether by way of addition, alteration or omission) was will bring those laws into conformity with this Decree or its general intendment.

Exemption with respect to 49. (1) Nothing in this Decree shall affect any title to land whether developed Federal Government lands, etc. or undeveloped held by the Federal Government or any agency of the Federal

Government at the commencement of this Decree and accordingly, any such land shall continue to vest in the Federal Government or the agency concerned.

(2) In this section, ‘agency’ includes any statutory corporation or any other statutory body (whether corporate or unincorporate) or any company wholly-owned by the Federal Government.

Interpretation. 50. – (1) In this Decree, unless the context otherwise requires:- ‘agricultural purpose’ includes the planting of any crops of economic value;



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‘appropriate officer’ means the Chief Lands Officer of a State and in the case of the Federal Capital Territory means the Chief Federal Lands Officer;

‘customary right of occupancy’ means the right of a person or community lawfully using or occupying land in accordance with customary law and includes a customary right of occupancy granted by a Local Government under this Decree; ‘developed land’ means land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvement that may enhance the value of the land for industrial, agricultural or residential purpose; ‘easement’ means a right annexed to land to utilize other land in different holding in a particular manner (not involving the taking of any part of the natural produce of that land or of any part of its soil) or to prevent the holder of the other land from utilizing his land in a particular manner; ‘Government’ means the government of the Federation or the government of a State; ‘grazing purposes’ includes only such agricultural operations as are required for growing fodder for livestock on the grazing area; ‘High Court’ means the High Court of the State concerned; ‘holder’ in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgage, sub-ease or sub-leasee or sub-underleasee; ‘improvements’ or ‘unexhausted improvements’ means anything of any quality permanently attached to the land, directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf, and increasing the productive capacity, the utility or the amenity thereof and includes buildings, plantations of long lived crops or trees, fencing, wells, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce; ‘interest at the bank rate’ means a simple interest payable at the rate per cent per annum at which the Central Bank of Nigeria will rediscount bills of exchange; ‘Local Government’ means the appropriate Local Government or any other body having or exercising the powers of a Local Government as provided by law in respect of the area where the land in question is situated; ‘Military Governor’ means the Military Governor of the State concerned; ‘mortgage’ includes a second and subsequent mortgage and equitable mortgage; ‘occupier’ means any person lawfully occupying land under customary law and a person using or occupying land in accordance with customary law and includes the sub-lease or sub-underlease of a holder; ‘public purpose’ includes – (a) for exclusive Government use or for general public use;



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(b) for use by anybody corporate directly established by law or by anybody corporate registered under the Companies Decree 1968 as respects which the Government owns shares, stock or debentures;

(c) for or in connection with sanitary improvements of any kind; (d) for obtaining control over land contiguous to any part or over land that value

of which will be enhanced by the construction of any railway, road or other public work or convenience about to be undertaken or provided by the Government;

(e) for obtaining control over land required for or in connection with

development of telecommunications or provision of electricity; (f) for obtaining control over land required for or in connection with mining

purposes; (g) for obtaining control over land required for or in connection with planned

urban or rural development or settlement; (h) for obtaining control over land required for or in connection with economic,

industrial or agricultural development; (i) for education and other social services; ‘statutory right of occupancy’ means a right of occupancy granted by the Military Governor under this Decree; ‘urban area’ means such area of the State as may be designated as such by the Military Governor pursuant to section 3 of this Decree; ‘sub-lease’ includes a sub-underlease. (2) The powers of a Military Governor under this Decree shall, in respect of land comprised in the Federal Capital Territory or any land held or vested in the Federal Government in any State, be exercisable by the Head of the Federal Military Government or any Federal Commissioner designed in him in that behalf and references in this Decree to Military Governor shall be construed accordingly.

Citation. 51. This Decree may be cited as the Land Use Decree 1978.

MADE at Lagos this 29th day of March 1978.

LT-GENERAL O. OBASANJO, Head of the Federal Military Government, Commander-in-Chief of the Armed Forces, Federal Republic of Nigeria

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