Henceforth, land grabbers "Omo Onile" to face prosecution

The menace of land grabbing is common in many cities of the country, but with higher propensity in Lagos.

However, a new law criminalising such activities is underway as any fraud involving land transaction has been classified as a criminal offence in the state.

With an estimated population of over 18 million, and the attendant quest for the available land on which to build houses, many residents fall victim of land grabbers popularly known as Omo Onile, and other miscreants, who take advantage of the desperation of residents to defraud them.

Although stakeholders in the built environment as well as other concerned residents of the state have condemned the act in various forms, the perpetrators have not been deterred as they still sell plots of land to multiple buyers and ask for more money when dispute arises, and will most often grab the land through intimidation and assault.

Commenting on the new law, the Federal Controller, Federal Ministry of Lands, Housing and Urban Development, Lagos, Mr. Olayinka Onaeko, said it would be favourable to the masses, who had been the victims in cases of land disputes.

He said, “It was a good move from the face value, I don’t know the content of the law yet but it has the potential of becoming a good law. Land grabbing is detrimental to the economy; you can be sure that if nothing is done, some people will continue to grab until something is done. Our people sometimes don’t know the limits to the things they do.

“They just keep acquiring and exploiting members of the public in the process. That is more or less land speculation, which is not very good.”

In the new law, assault, manslaughter, murder and grievous bodily harm, which people commit during land grabbing, are all criminal offences and punishable.

The Police have also been empowered to interfere in land matters unlike before.

Part of the new law is that a registered agent transacting business in the state must have a registered office, which underscores the zero tolerance for portfolio agents, who defraud people and change base without traces.

Under the law also, an agent must maintain a good record of his or her business and ensure that a prospective tenant or buyer takes physical possession of the property paid for within 14 days except otherwise stated in writing.

The agent or agency will also ensure that his principal performs all necessary obligations due to the state government under applicable legislation and regulation.

On the standards of professional conduct, it was learnt that the law would ensure that registered agents must comply with the fiduciary obligations to their clients.

According to the law, an agent must not mislead a customer or client, nor provide false information, withhold information that by law or fairness should be provided to a principal; he must also ensure that the principal is informed of any significant potential risk so that the principal can seek expert advice if he chooses.

The Second Vice-President of the Nigerian Institution of Estate Surveyors and Valuers, Dr. Bolarinde Patunola-Ajayi, said the feat would help to regulate estate agency business in the state.

He decried a situation where an agent would collect cash from prospective tenants for a single dwelling and defraud hundreds in the process and called for more conviction of errant estate agents.

The Special Adviser to the Lagos State Government on Housing, Mr. Jimoh Ajao, said the usual challenges of touting by estate agents and fraud of all kinds in real estate had become embarrassing.

“Hardly will you pass through a street without seeing the inscription ‘Caveat emptor’; ‘Buyers, beware of 419’ and “This property is not for sale,’” he said.

He also advised that estate agents should be enlightened and trained so that they could improve on their performance levels.

The state Attorney-General and Commissioner for Justice, Mr. Ade Ipaye, said before now, the law had it that land could not be stolen, which some estate agents hide under to sell third party properties.

He, however, said at the inauguration of the ‘Code of Conduct of Estate Agency Practice in Lagos State’ by the Lagos State Real Estate Agents Transaction Department that land grabbing and fraudulent estate agency practices had become criminal offences.

“The law before now stated that you could not steal property but now, our law says you can steal land because we have changed the definition of property that can be stolen. Now, land grabbing and fraudulent estate agency practices are priority in the criminal justice,” he said.

Source: The Punch Newspaper