Luka Bulus Achi: Access to land and security to land tenure in Nigeria

Presented at the 28th international union for land value taxation conference:

Economics for conscious evaluation24th-28th July 2013, London, UK

This paper is about some aspect of earth concerns in Nigeria drawing experiences from Kaduna and Abuja.

Nigeria is located in west Africa with nearly 1/5 of the total population of Africa.

We run three tiers of government, Federal, State and Local governments.

We are signatories to almost all Earth concerns conventions and protocols.

We have over 200 environmental laws with regional and local flavours.

Enforcement is however the major pit fall. The state has over all say in land matters.

Before 1914:- customary and cultural land tenure system was used, not written and authority derived from Chiefs, Emirs and community leaders.

1914-1960:- colonial system and customary land tenure system running concurrently. Where there is conflict of interest colonial system had upper hand (European quarters ie GRA).

1960-1976:- same as above but customary land tenure restricted to rural areas. Government would acquire land at will any where and give statutory certificates of occupancy.

1976 to date:- the land use decree act 1978 provided that all land be vested in the office of the governor and to be managed in the interest of the public.

Compulsory acquisition introduced to enhance development. Customary rights to be provided by local governments on rural land

only Land can not be sold-only ones rights are transacted.

Temporary structures do not need planning permits (permanent structures includes concrete and steel).

Person less than 21 years can not own right to land Women are still discriminated against. The statutory certificate of occupancy has more

recognition than any other right over land. The process for a certificate of occupancy is quite

expensive and cumbersome There is always discrimination against

settlers/migrants. Tenure for land use to a certificated owner is

99years and nothing to a non-certificated owner.

4th largest city in Nigeria, well planned by Lord Lugard with various land use systems in place.

Regarded as the political centre in the north, gate way city to most northern states, proximity to Abuja.

Availability of infrastructure makes it a place of choice to leave in.

Rapid development in the southern part towards Abuja.

Ravage by religion and political crises since the early 80s, recently boko haram sect.

Social/cultural differentials in access to land-security and safety becomes paramount in land acquisition.

The state unfortunately is transvers by river Kaduna –forming a natural boundary between two extremes.

As a result, Land extortion, land hording and land grabbing are now a resultant consequence.

The rich have all-use of money and position to acquire land-get title and eject original owners.

These influence the formation of a group called initiative for the support and promotion of human settlement.

View land as a common gift to all man kind irrespective of race, religion, gender or socio-economy status.

So far in Kaduna 19 cases have been handled. 8 where settled amicably through negotiations. 12 went to litigation, out of which 3 were settle out of

court, we obtained judgment for 2 while 5 are still in court. Advocacy , empowerment, enlightenment, sensitization,

mediation and litigation. Collaboration with legal aid council and human rights

commission. Pressuring local and state government to tax land, create

land records, give recognition to other forms of rights over land to ensure security of tenure.

Very low level of literacy:- vast majority are ignorant of their rights even when such rights clearly exist.

Fear and threat to life:- force most less privilege people to abandon their land.

Capacity building for the initiative: – the NGO needs further capacity building to cope with demand to assist.

If land is taxed appropriately this will create the incentive not to acquire or hold land unnecessarily.

Giving legal value to other forms of title will enhance access to capital for the development of land.

Abuja-federal capital city enveloped by an area referred to as the federal capital territory was established about 35years ago in an area with over 250 indigenous communities with a population of about 50,000

These communities were to be resettled outside the territory but it was not implemented. Thus a problem arose as to what to do with these communities.

Challenges include 1) land title status of both indigenes and settlers or migrants. 2)Government view of indigenes/settlers is that they are either temporary dwellers; illegal; squatters and just migrants with no locus standing ( can be remove at a day’s notice).3)These communities and groups live in fear, uncertainty and frustration. 4)They are striped of their self esteem and their human right taken for a ride.

Creation of a common front to address issues at stake Empowerment to regain respect and self esteem Sensitization of all stake holders via town hall meetings Encourage fairness and justice in access to land and

security of tenure via litigation Collaborate with other NGOs to address associated

environmental and human related matters Challenge the recent ‘land swap’ initiative of the

FCTA(the process involves bringing together labour, land, finance, construction materials and governance in partnership with the private sector)

Raise the issue of land taxation which is currently treated with laxity

Pilot Scheme for Irrigation of City

Quick Wins

Mass Housing Provision

Repairs of and New Vehicles for security agencies

Mini Buses

Bus Shelters

Joint Operation to be Established

City greening and flowering

Must Haves

Lows-Hanging Fruit

Green Energy Project

Money Pits

FCTA Restructuring

Abuja Geographic Information System

FCTA ComputerizationParks Development

Open Schools in Rural Areas

More Class Room/Labs

Sports Experts Academy

New Infrastructure in Satellite Towns

Adverts

Intensive Agric. Dev.

Auto Pond Development/Sanitation

Close Circuit Television

Allocation of 6000 Plot allottees

Improved Environ. Cleanness

House Numbering and Street Naming

Waste Disposal transfer Stations

SMEs

60 bed Cottage hospital at Nyanya, Deiedei

Removal of Villagers in City

Comissioning of AYA Junction

Archives Record Keepping improved

225 bed Hospital at Karu

Resettlement

Re-inventing the FCT - The Daily Matrix

Re-inventing the FCT - The Daily Matrix

Deliverable

Deliverable

Impact onCitizens

Ease of ExecutionLow High

High

Low

3 Months

6 Months

9 Months

Revenue Generation Increased

FCT University

12 Months

Water Supply Improved

Toilets

Bus lanes Removal of Illegal Setllers along Airport

220 bed Hospital Gwarinpa

City Gate Relocation

Traffic Flow Improvement

Replacement of Speed Brakers

MarketsAirport Road Phase I

Co-location for GSM

13

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