ACQUISITION OF LAND BY A FOREIGNER IN LAGOS STATE

Under the English Law, the concept of ownership is very broad and implies that an individual has a right over a determinate thing, indefinite in point of user, unrestricted in point of disposition and unlimited in point of duration.[1] However, under the Nigerian law, particularly with respect to purchase of land, the concept of ownership differs. In Okpoko vs Hon. Minister of Environment, Housing & Urban Development & Ors[2], ownership connotes a complete and total right over a property. The Land Use Act (the “LUA”) vests all lands in the state in the Governor of that State to hold in trust for the benefit of all Nigerians.[3] This brings to bear the sense of ownership of land. In Nigeria, ownership of land is subject to the overriding interest of the State, which administers control, alienation, delineation and registration of land.

One of the legislations that regulates acquisition of land by a foreigner in Lagos State is the Acquisition of Lands by Aliens Law of Lagos State (the “Law”). The Law, which predates the LUA, enables the Governor of Lagos State to ensure that lands in the state are for the benefit of Nigerian citizens. Thus, the Law regulates and controls the acquisition of land by aliens from citizens of Nigeria. It clearly provides for the procedure for an alien to adopt in acquiring land in the State. The Law has two subsidiary legislations: Acquisition of Lands by Aliens Regulations (the “Regulations”) and Exemption Orders (the “Orders”).

The Law does not exclude aliens from acquiring interest or right of ownership in land rather it seeks to regulate and monitor such right or interest of an alien in acquisition of lands. Meanwhile, where such interest or right has been lawfully acquired, it must not be transferred, alienated, demised or otherwise disposed of to any other alien,[4] and the prior written approval of the Governor must be sought for the transaction or sale.[5] Where an alien desires to convey an interest in land duly acquired, it must, in the first instance, be offered to the State Government for purchase. In the event, the State Government fails to acquire the land, then it can be offered to a Nigerian citizen.[6] The overall implication is to protect Nigerians and the interest of government in land.

The Law applies to interest or right to be acquired by an alien with respect to land above three (3) years (including any option for renewal). Any interest or right to be acquired under the transaction will not be acquired for any greater estate than a term of years not exceeding, including any option to renew, twenty-five (25) years and not commenced more than one (1) month after the approval of the transaction.[7] It is worthy to note that any agreement in whatever form that purports to transfer interest or right in land, which is not in accordance as provided by the Law, is void.[8]

The Law provides a procedure for ejection of an alien in unlawful occupation. However, the owner of the land where an alien is unlawfully occupying does not have a legal right to evict the alien under the Law. It is the Attorney General of the State or the Commissioner charged with responsibility for land matters or any person authorized by the Governor or the court of its own motion can cause summons to be issued to such alien to appear before the court.[9] On the hearing of the summons, if the court finds that such an alien or person claiming through or under an alien is occupying land belonging to a citizen of Nigeria, an order maybe made for such an alien to give up possession. The Law clearly excludes the right of action of any person to institute whether criminal or civil proceedings in this regard. Such action must be brought in the name of the Attorney General or any person authorized by him in relation to any particular proceedings or class of proceedings.[10]

On the other hand, it is unlawful for an alien or any person claiming through or under the alien to occupy any land belonging to a citizen of Nigeria unless such an alien has acquired an interest or right in the land, in accordance with the provisions of the Law. Where an alien infringes on the restrictions provided in section 3 of the Law, such alien commits an offence and is liable on conviction to a fine of one hundred and eighty thousand Naira ₦180,000.00 or imprisonment for twelve (12) months.[11]

In conclusion, any interest or right in land acquired by an alien outside the provisions of the Law is void and of no effect. This applies to the purchase of landed property, whether a home, resort, school, or commercial property acquired by an alien in Nigeria. Therefore, alien is permitted to own land or property in Nigeria, however, such ownership or acquisition must be within the confines of the Law.

 

[1] A I Umezulike, ABC of Contemporary Land Law in Nigeria (Snap Press Nigeria Limited 2013) P. 14.

[2] (2021) LPELR-53191(CA).

[3] Section 1 Land Use Act 1978.

[4] Section 2(2) of the Law.

[5] Section 1(1)(c) of the Law

[6] Section 2(3) of the Law.

[7] Regulation 4 of the Acquisition of Lands by Aliens Regulations.

[8] Section 1(2) of the Law.

[9] Section 4 of the Law.

[10] Section 5 of the Law.

[11] Section 3(2) of the Law.