By Osilama Emmanuel Osilama
I will like to call on the President, Bola Ahmed Tinubu, his executive arm, and the new National Assembly legislators to seriously consider the urgent review and possible amendment of the Land Use Act that is over 40 years old and no longer useful to our present day economy. This will open up the real estate market to an endless possibilities of the huge capital of internally generated revenue that have been locked up in the space for so many years because of the provisions as decreed and enacted in the Land Use Act.
The truth is that our country is not getting the right value from her real estate sector and until our government takes deliberate steps in the right direction nothing will change. It is estimated that Nigeria holds between $ 300 billion to $ 900 billion of dormant capital in residential and agricultural land, while the high-value real estate market segment holds as much as $ 750 billion of value that can be unlocked.
Let us understand that South Africa has a population today of 58.6
million and their GDP per Capital income is 5,235.79 dollars while the Nigerian
population is 208 million and our GDP per Capital today is 2,229.85 dollars. In
this paper, we will look at the various ways in which this capital can be
unlocked or tapped into and channeled into the Nigerian economy in order to
boost GDP, reduce unemployment and achieve economic growth.
Capital is one of the most essential components of economic
advancement and should be prioritised when developing solutions for our
nation’s economy. We need sufficient capital to provide the right environment
for economic growth. It is a well-known fact that capital is scarce in
countries with a large stock of dormant assets – in this case, land. Owners of
these assets are unable to leverage these assets for economic gain – often due
to a lack of proper or “bankable” documentation.
With a population of over 208 million in the country and 36
million households, it is estimated that approximately 95% of household
dwellings in Nigeria do not have proper titles. This makes it difficult to
validate ownership or for the landowners to use their land to access capital.
The
Land Use Act of 1978 is a fundamental piece of legislation governing land
ownership and property registration in Nigeria. This act, which was introduced
to oversee the formalization of land ownership, has not been effective in
establishing a uniform land tenure system that governs land ownership in the
country. Most citizens do not comply with the legal provisions of the act or
find the process of formalization too cumbersome. Proof of land or property
ownership is how one claims the right to land or property. It is the protection
and degree of control a person has over a parcel of land. This is just a way to
pinpoint each person’s land and a testament by the State that the said person
has a property right in the land.
A claim to ownership of land in Nigeria may be established in any
of the five main ways laid down by the Supreme Court. By traditional evidence
in the form of traditional history. By production of documents of title.
By proving the act of ownership and possession over a sufficient
length of time and are numerous and positive enough as to warrant the inference
that the person is the true owner. By proving acts of long possession and
enjoyment of land; and by proof of possession of connected and adjacent land,
in circumstances which make it probable that the owner of such adjacent or
connected land is probably the owner of the land in dispute.
The Land Use Act of 1978 The Land Use Act consolidated the
ownership and control of land in Nigeria under the state governments. It
provides a legal framework for land administration, including property
registration, land allocation, and compensation for land acquisition. 2.2
Property Registration Process under the Land Use Act The Act established a
system of Certificate of Occupancy (C of O) as proof of title, which must be
obtained to establish ownership rights over land. The property registration
process involves several steps, including application, verification, surveying,
valuation, and issuance of the C of O.
Lengthy and Complex Processes The property registration process
under the Land Use Act is often time-consuming and bureaucratic, leading to
delays and inefficiencies.
The lack of reliable land records systems, digital platforms, and
modern technology hampers the efficiency of property registration.
Corruption
and Fraudulent Practices
Instances of corruption and fraudulent activities within the property
registration process undermine its effectiveness and erode public trust.
Stimulating Investment Efficient property registration processes,
backed by a secure legal framework, attract domestic and foreign investments,
driving economic growth and job creation.
The FCT for example, has taken steps to remedy this with the
introduction of the AACSTRIS PROJECT but more can still be done to reduce the
bottlenecks in land registration nationwide.
The only way out is for the over 40 years old Land Use Act to be
reviewed to meet up with the present-day reality. Agencies can be created with
the sole mandate of registering all property nationwide and creating an
accessible database of property titles through technology. The benefits of this
would be immense.
Every house or landowner would have been empowered with the power
to easily convert their land or property to money,
Every land or house owner will be legally empowered to access
capital via formal financial routes
There will be more money in circulation and businesses would thrive,
thereby reducing the unemployment and poverty rates.
Government would generate a lot of money in trillions through
annual tenement rates and property tax and this could provide more revenue than
crude oil in the long run.
Property registration enables individuals and businesses to use
their land assets as collateral, facilitating access to credit for
entrepreneurial activities, and thereby stimulating economic recovery.
There are various types of land documents including Certificate of
Occupancy, Deed of Assignment, Governor’s Consent, Survey Plan, Excision
Document, Grant of Probate & Letter of Administration.
Of all the above documents, the only one currently accepted by the
Banks as collateral is the C of O – however, the process of getting this is very
cumbersome.
When every household has a duly registered property then nearly
everyone who truly needs capital for investment or business expansion will be
able to access the same using their property as collateral.
Streamlining property registration processes creates employment
opportunities in areas such as surveying, valuation, legal services, and
technology support, benefiting the youth population.
Entrepreneurship
and Innovation
A vibrant property registration sector encourages youth entrepreneurship and
innovation through the development of new service models and technology-driven
solutions.
Accurate property registration data support urban planning and
infrastructure development, ensuring efficient land use management and the
provision of essential amenities.
Housing and
Real Estate Development
Property registration promotes affordable housing initiatives by providing a
clear framework for land acquisition, reducing conflicts, and attracting
investments in the housing and real estate sector.
Simplify property registration procedures, digitize records, and
introduce online platforms to streamline processes, reduce bureaucracy, and
enhance transparency.
Invest in training programs and certifications for professionals
involved in property registration to improve their skills and knowledge.
Launch comprehensive public awareness campaigns to educate
citizens about the benefits of property registration, the steps involved, and
the importance of complying with the Land Use Act.
Strengthening Anti-Corruption Measures
Enforce strict penalties for corruption and fraudulent practices in property
registration, while promoting a culture of integrity and transparency.
Collaboration and Stakeholder Engagement Promote collaboration
among relevant stakeholders, including government agencies, professionals, and
private sector entities, to create a unified and efficient property
registration system.
By addressing the challenges associated with property registration
under the Land Use Act and implementing the recommended measures, Nigeria can
harness the full potential of property registration to drive economic recovery,
empower the youth, and facilitate infrastructural development, leading to
sustainable and inclusive growth.
*Osilama
is an Estate Surveyor and Valuer.
No comments:
Post a Comment