GOODBYE TO LAND SPECULATORS (OMO ONILES) WITHIN LAGOS STATE (HOTLINES)

 

GOOD BYE TO LAND SPECULATORS IN LAGOS STATE

 

HELP-LINES AGAINST OMO-ONILE'S (LAND GRABBERS) IN LAGOS STATE

Hotlines Of Lagos State Task Force Against Omo-Oniles.

Are you preparing to start construction on your landed property in Lagos? You would have, by now saved or budgeted a portion of the construction fee to go the Omo-oniles (LAND SPECULATORS, LAND GRABBERS).

The Lagos State Government, however, are backing their words with action by giving to the general public the hotlines of the recently set-up task force to tackle these land grabbers.

Reach the Lagos state committee on land grabbers aka Omo-Oniles on:

09096667123, 09020085005 and omoonileTF@lagosstate.gov.ng

EXTRACTS FROM THE NBA CONFERENCE 2016 (SHOWCASE SESSION)

NBA 2016 ANNUAL GENERAL CONFERENCE: HIGHLIGHTS OF SHOWCASE SESSION (MONDAY, August 22, 2016). GROWING NIGERIA'S ECONOMY: BEYOND OIL AND GAS SESSION CHAIR - Olisa Agbakoba SAN SPEAKERS -  1. Hon. Bawa Bwari Abubakar (Hon. Minister of State, Solid Minerals Development);  2. Christopher Nonyelum Okeke 3. Richard Mofe-Damijo (Fmr. Commissioner for Culture and Tourism, Delta State); 4. Chief David Serena Dokubo Spiff (Secretary, Bayelsa State Governement) 5. Hon. Emmanuel C. Aguma SAN (Hon. Attorney General of Rivers State) Olisa Agbakoba started the plenary by bringing the issue to the table of discussion before the various panelist and they sequentially in their perspectives made the following analysis. HON. BAWA BWARI ABUBAKAR Being a former Senator, he recalled his experience while at the national assembly and also made salient issues with respect to the issue, namely; 1. that demoracy and development is a gradual process 2. that Nigeria is not representing true democracy, in the sense that the electorates will only vote candidates presented by the parties whether good or bad 3. that people lobby to voted in the National Assembly 4. that in the past, mining, solid minerals were abandoned for the oil sector, and now that the world price of oil has fallen, solid minerals are now being looked into. 5. more so, concerning the indigenisation programme (which was about employing or making use of people that had the technical know how) left Nigeria 6. that we have more than 44 minerals in the country; different local governments have specific solid minerals yet Nigeria is not seen as a mining nation but more focused on oil and gas. What needs to be done now is to attract investors for solid minerals. For instance, if we can think properly on the production of steel, we can make N6 Trillion in a year from that. A REPRESENTATIVE FROM NIGER DELTA He was of the view that Nigeria should not depend solely on oil production in order to develop the country (other sectors need to be focused on). He added that there are key sectors the country should look into that can astronomically develop the country if much infrastructures and compliance are put in place, such as Nollywood and Tax. Nollywood, as he stated, adds up to more than 5% to the GDP of the economy, while for tax gathering; he mentioned that there should be due compliance for payment of tax from private companies and individuals. However Mr. Agbakoba was of the view that the political structures have not allowed these ways to be explored. He added that our politicians since the '60s have slow paced the growth of the country. For instance, he mentioned his disappointment towards the CBN's 14% lending rate (an entrepreneur will not have the stomach to seek loan hence their dependence on oil can not be avoided); "all politicians know how to do is swerving from one political party to another because these parties have no ideologies." Mr. Agbakoba later threw a question at the Attorney General of Rivers State on what happens to the 13% of the oil money allocated to the Niger Delta region. ATTORNEY GENERAL OF RIVERS STATE He stated that right from the onset, Niger Delta has been developing even without the 13%; that asides Lagos state, Niger Delta has the best roads, schools and infrastructures, and even built the Civic Centre in 1973 long before the country’s dependence on oil. He added that the question posed to him only elaborates the impression that the citizenry depends on oil. He made mention of commercial hubs like Ariaria market in Abia, Ochancha market of Onitsha and urged people to wonder how businesses boom there without the thoughts of oil. He urged everyone to stop bothering about how the 13% oil money is spent but to look at how the infrastructures are managed and the negative effects of oil in the states (it has led to acid rain, bad water and even cancer has increased at recent times due to the effect of gas flaring). In response to Mr. Agbakoba’s question, Hon. Bwari was of the view that whatever politicians do is a true reflection from the residue of the society. In other words, it is the way we see ourselves that affects us as a nation (as rephrased by him). He advised that we have to change the way we do things. "Things could get worse," he added that the infrastructures in the country needs to be well managed. CHIEF DAVID SPIFF He was of the view that the country must exercise retrospective glances to check where we got it wrong so that we can ameliorate where we got it wrong. He further stated that we must go to the fundamentals and entrench the rule of law on issues appertaining to Bayelsa state; he informed that 30% of oil and 40% of the gas in Nigeria is produced in Bayelsa but yet (as used by him) the state is adjudged "not fit to produce one of the 44 ambassadors in this country, ambassadors whose income is generated from the income of their under bellies." YUNUS USMAN USTAZ SAN He was of the view that diversification is not an issue but the problem is whether we would not go back to a position worse than this. He beckoned on the politicians to bring back the looted money. MR. CHRIS OKEKE   He particularly made a clarion call for encouragement and growth of the agricultural sector and he urged Nigerians to be innovative and not just talk about diversification. MR ZIK He urged our leaders to stop the ‘corruption’ mantra and start to profess positive things for and about the country for no investor will be ready to invest in a corrupt society. YUSUF ALI He stated that impunity should not be encouraged and the rule of law should be precise and not be treated as the rule of convenience (a leader should not set the law for his selfish interest) further more he concluded that Nigerian leaders are bent on being loyal to those that sponsored them and this must stop for the the economy to develop.

ACQUIRING CERTIFICATE OF OCCUPANCY (C OF O) IN LAGOS - PROCEDURE

GETTING CERTIFICATE OF OCCUPANCY IN LAGOS – THE PROCEDURE

WHAT IS C OF O?

This literally means Certificate of Occupancy. It is usually issued by the State Government since all lands in the State are now vested in the Governor of the State pursuant to Section 1 of the Land Use Act 1978. The Governor now assumes the position of a trustee and therefore administers all lands in the state for the benefit of the citizens.

WHAT IS RIGHT OF OCCUPANCY?

Under the Land Use Act, the interest that individual now enjoys on his or her land is known as RIGHT OF OCCUPANCY. The right of occupancy can be categorized into 4 divisions, which are:

1.    Statutory right of occupancy expressly granted by the Governor of the State

2.    Statutory right of occupancy deemed granted by the State

3.    Customary right of occupancy expressly granted by the Local Government Council

4.    Customary right of occupancy deemed granted by the State through the Local Government Council.

It should be noted that the document which evidences the right of occupancy an individual or occupier enjoys on his or her land is known as CERTIFICATE OF OCCUPANCY usually granted for 99, 55 years as the case may be. The C of O once granted confers Exclusive Possession on the grantee while the grantee must ensure compliance with the Terms and Conditions for such grant as explicitly stated in the Certificate. Again, by virtue of Sections 21 and 22 of the Land Use Act 1978, the grantee cannot ALIENATE his or her right of occupancy, whether statutory or customary, without the Consent of the Governor first had and obtain. Failure to secure the necessary consent of the Governor is itself punishable with imprisonment for 1 year or the payment of fine of N5,000.00.

HOW TO GET C OF O IN LAGOS STATE

The procedures for getting C of O in Lagos State under its Laws are as follows:

1. Formal Letter addressed to the Executive Secretary – Land Use and Allocation Committee, Block 13, Room 4, Lands Bureau, The Secretariat, Alausa, Ikeja.
2. Completed Certificate of Occupancy Form with receipt i.e. Form LRF 1.
3. Land Information Certificate with receipt.
4. Four original Survey Plan (2 cloth and 2 paper).
5. Four Passport Photograph with white background.
6. Sketch Map of the Site Location
7. Purchase Receipt Duly Stamped.
8. Evidence of payment of Income Tax
9. Current Development Levy. (In case of Company, Two Directors Tax Clearance and Development Levy).
10. Publication Fee – N10,000.00
11. Capital Contribution Fee subject to a minimum of N30,000.00
12. Building Plan Approval if developed.
13. Copy of Tenement Rate Receipt (if occupied).

WORK FLOW FOR NON-STATE LAND CERTIFICATE OF OCCUPANCY

• Submission of Application and Vital Information Form for Certificate of Occupancy (by Applicant).
• Compilation of applicants names for publication, Title Search for previous Registration and Site Inspection. This may take 21 days in all.
• Certificate of Occupancy Engrossment (by LUAC).
• Recommendation for execution of C of O (by E.S. LUAC, SSA LANDS & P.S. Lands)
• Execution of C of O (by His Excellency)
• Stamp Duty (by Commissioner for Stamp Duties)
• Registration of C of O (by Land Registry)
• Collection of executed and registered C of O (by Applicant or his agent). It should be noted that there are rules governing collection of C of O which are expected to be followed.

IMPORT & PURPORT OF C OF O

It is important for every property owner to have Certificate of Occupancy as evidence of right of occupancy. Some of the reasons are:

1.    It confers exclusive possession on person named therein

2.    It constitute a sound root of title during alienation

3.    It sometimes prevent property acquisition by the State Government, subject however to the overriding power of acquisition by the State Government.

4.    It is useful as collateral or security for loan

5.    It is useful for mortgage transactions

6.    It serves as a root of title

7.    It prevents multiple parties from claiming ownership on the same property

8.    It is used in resolving land disputes/ownership tussle

9.    It may be required for other official and legal purpose

For more information, contact:

Samuel Adegbola CFIP Legal Officer/Realtor, Aman Royal Partners 07032511885 | 08025350003 | adeolalaw@ymail.com | www.lawjurists.blogspot.com | www.amanroyal.com | Skype: samuel.adegbola3 | Lagos Nigeria | Solicitor

 

HOW TO OBTAIN GOVERNOR’S CONSENT (IN A NUTSHELL)

HOW TO OBTAIN GOVERNOR’S CONSENT (IN A NUTSHELL)

STATUTORY PROVISIONS ON CONSENT

The Land Use Act of 1978 puts all land in a State; town and rural area under the control of the Governor and Local Government Chairman, respectively, in trust for the people of the state.

Consequent upon this, section 22 of the Act then states that, “it shall not be lawful for the holder of a statutory Right of Occupancy granted by the Governor to alienate his Right of Occupancy or any part thereof by assignment, sublease etc without the prior consent of the Governor”.

Simply put, even though a property has Certificate of Occupancy which makes the beneficiary the legal interest holder on the land for 99 years or the residue, if he decides to resell, mortgage or do anything with the property, since the land is held in trust by the state government, the Governor needs to approve the transaction.

In other words, the first person on a land is the only person or group of persons entitled to obtain a Certificate of Occupancy. Every subsequent buyer of that land must get a Governor’s consent.  There can only be one Owner of the Certificate of Occupancy on that land and it will not be replicated for another person once the land has been sold or transferred to another person.

PROCESS/WORKFLOW AT THE LANDS BUREAU, LAGOS

The process that accompanies the issuance of Governor’s consent in Lagos State is usually carried out at the Lands Bureau. The following documents are required for the purpose of obtaining Governor’s consent: Dated letter of application with addresses and phone numbers; duly completed form 1c.

The form must be dated and signed by the parties to the transaction and sworn to before a Magistrate or Notary Public; Certified true copy of grantors title document; Grantors’ tax clearance certificate /developmental levy receipt and; Grantees’ tax clearance certificate/developmental levy receipt.

Others are: Four copies of duly executed sublease, deed of assignment (with survey plans attached in each copy), mortgages or power of attorney; Chartable survey plans; Evidence of payment of charting, endorsement, and form 1c; Evidence of payment of ground rent/land use charge; Letter of confirmation of payment of capital contribution from NTDA in respect of Lekki peninsula schemes 1 and 2, Abijo GRA, Isheri North and other affected government schemes and; Building plan or photograph of the property.

ASSESSMENT, TAX AND OTHERS

After submitting the first set of deed of assignment and survey plan, internal scrutiny of the documents submitted is carried out. Thereafter, the documents are sent to the Surveyor General’s office for charting. If there are no defects in the survey plan, a clean report is sent to the Lands Bureau and a demand notice is issued to the applicant for the following fees: Consent fee – 8 percent of assessed value of the property;

Capital gains tax – 2 percent of assessed value of the property; Stamp Duty fee – 2 percent of assessed value of the property; Registration fee – 3 percent of assessed value of the property and; Current tax clearance certificates of the parties to the property transaction. If you have none, an assessment is raised immediately for you.

Finally, your application (document) is sent to any of the designated commissioners that are specifically designated for that purpose to append their signature. When this has been done, it is sent back to the applicant to do stamp duty and final registration. Your deed of assignment then becomes Governor’s Consent; it is now a registered title. It’s the registered title that is called deed.

For further advise/brief up:

07032511885

080235350003

adeolalaw@ymail.com