Discover What Authorizes Wike to Demolish FCT Buildings and Revoke Land Titles
In November, the Home Builders Association of Nigeria (HBAN) accused Nyesom Wike, Minister of the Federal Capital Territory (FCT), of illegally demolishing more than 100 homes worth over N200 billion in the Sabon Lugbe area of Abuja.
Kalu Kalu, a lawyer for the builders association, claimed during a press conference that Wike was abusing power.
“We are here today to inform Nigerians and the global community about the alleged misuse of power by the minister in ordering the demolition of these properties,” Kalu said.
Kalu explained that the affected developer possessed the necessary title documents and had obtained permits from the Development Control Department of the Federal Capital Territory Administration (FCTA) before they started building.
The allegations against Wike have not only been restricted to demolishing buildings where the owners claimed to have the proper documentation that shows ownership.
On Wednesday, Rita Ogebor, a prominent Niger Delta activist, cried out after the Federal Capital Development Authority (FCDA) threatened to demolish a 42-year-old estate that belonged to Colonel Paul Ogebor, her late husband.
The estate in question is valued at N3.5 billion, and it has belonged to the Ogebors for decades. Ogebor said her husband, who was a soldier, was allocated the land in the early days of the country’s capital development.
These instances and other cases of the building demolition spree Wike’s government has embarked on in Abuja have kicked discourses on various social media platforms, particularly X.
In this report, FIJ looks at the issue from the lens of the law: whether Wike’s moves have been legal and by what empowers him to strike structures with documentation.
A TORCHLIGHT INTO THE 1978 LAND USE ACT
The 1978 Land Use Act was codified into the Laws of the Federation of Nigeria (LFN) as part of the legal framework that governs the country as the Land Use Act (LUA) Cap. 202, 1990.
Section 5 of the 1978 Land Use Act grants the right of administration of lands of each state to the governor and, in the FCT, the FCT minister.
Section 9 of the LUA gives governors the power to grant statutory right of occupancy to any person. Subsection 3 of this section also states that Wike has the power to revoke the certificate of occupancy of a person who, without lawful excuse, “refuses or neglects to accept and pay for the certificate”.
There were also accusations that Wike grabbed a piece of land belonging to Paulosa Nigeria Limited.
However, Lere Olayinka, Wike’s Senior Special Assistant on Communications, responded to the accusations. He said that Paulosa got a temporary right of occupation of the land in 1984, built permanent structures on it and in 2020, they applied to convert the temporary right of occupation to a statutory right of occupation.
A statutory right of occupation simply is a legal right granted by the governor of a state to an individual, company, or organisation, allowing them to occupy and use land within an urban area for a specific purpose.
“On February 1, 2023, approval was granted to Paulosa Nigeria Limited for a Statutory Right of Occupancy, subject to certain terms and conditions,” Olayinka posted on X.
“Some of the terms and conditions are; payment of Ground Rent Per Square Meter Per Annum, which was N50K/m² from 2022 to 2023, amounting to N2,332,143; payment of Premium of N500/m², amounting to N11,660,715 and payment of Ground Rent from 1984 to 2021 (37 years), amounting to N43,144,645.
“However, for 20 months, Paulosa Nigeria Limited refused to comply with the terms and conditions for the approval.”
While FIJ could not readily verify the truth of this information, if Olayinka’s words were anything to go by, then Wike’s decision to revoke the land is very well within the purview of the law and, therefore, cannot be tagged illegal.
THE LUA 1978 ALSO GIVES WIKE THE LEGAL POWER TO REVOKE C of Os
The certificate of occupancy (C of O) serves as a legally documented proof issued by the government that entitles a person to occupy and use a piece of land for a specific purpose and period as granted by the same LUA. However, the same law legalises a governor’s power to revoke C of Os.
In Section 28 of the LUA, Wike has the power to revoke a certificate of occupancy, albeit, with specific conditions.
The Act states that the governor can revoke a C of O if the land is needed for a public purpose, such as building a road, school, hospital, or other projects that benefit the community.
Furthermore, Wike has the power to revoke a C of O if the person using the land has not used it for its approved purpose.
Forfeiting the payment of rent or fees tied to the land is also a legal ground that allows for the revocation of a C of O. This is compounded if the land becomes undeveloped for a long time from when it was supposed to be used.
Finally, in Section 44, the law mandates that every possible option must be exploited to notify the land user of the revocation of their C of O.
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