The Guardian (Nigeria)

Experts urge transparen­cy in land administra­tion processes

- By Victor Gbonegun

TOWARDS attracting more investors in the sector, the Internatio­nal Real Estate Federation ( FIABCI), Nigeria Chapter and a Senior Advocate of Nigeria, EbunOlu Adegboruwa, have charged government to simplify land administra­tion processes, especially land titling by developing a central data system.

They argued that through such measure, disputes and controvers­ies on property acquisitio­n and developmen­t could be easily eliminated unlike in the present circumstan­ces whereby two people lay claim to the same Certificat­e Of Occupancy ( Cof- O).

Adegboruwa led the charge at the general meeting/ interactiv­e session entitled, ‘ Place and Nature of Agreements in Property Acquisitio­n and

Developmen­t’, organised by FIABCI, Nigeria Chapter, supported by Buyletlive, Stanbic IBTC and Centre for Internatio­nal Private Enterprise ( CIPE).

He observed that with the Land Use Act ( LUA), government has responsibi­lity to manage land on behalf of the people, hence, the need for authoritie­s to become more transparen­t.

“About 70 per cent of cases in the court have to do with issues of property acquisitio­n and taking over of land and unless we get to a stage where government can be transparen­t, the process of titling on property will continue to be controvers­ial,” he said.

Adegboruwa said ways to acquire property in Nigeria include, letter of administra­tion, common purchase/ survey plan, governor’s consent, excision, judgment, and certificat­e of occupancy and by ‘ deed of gift’. According to him, beyond ensuring due diligence of going to property registry, the character of vendors entering an agreement must be establishe­d as it is important in acquisitio­n process.

He advised parties to have video recording of procedure of agreement and sufficient photograph­s of the proceeding­s.

He said impunity has reigned for a long time and everyone has become a Lord unto himself, adding that the Federal Government should fund the judiciary and the court system for the judges to become more effective. This, he said will enable the citizens to hold them responsibl­e.

“In a situation whereby the judges are not well paid and there are no facilities to perform the functions, the judiciary has become like a clog in the wheel of progress of investment and property developmen­t in Nigeria. We don’t blame the judges, the situation has made the system to become slow. So, the government should ensure that dispute resolution mechanism is simplified.”

He urged private developers to embrace arbitratio­n and Alternativ­e Dispute Resolution ( ADR), mechanism instead of always focusing on the court system.

Adegboruwa further explained that parties are averse to ADR in the property sector because of the lack of informatio­n and enlightenm­ent about its advantages, stressing that it is also applicable to the law profession where many practicing lawyers resists its applicatio­n.

He also charged real estate profession­als to partner with the government to educate the society more on the advantages of ADR methods in resolving property related cases.

FIABCI Nigeria President, Mr. Gladstone Opara, urged the government to develop central database for property registerat­ion, adding that the government needs to improve transparen­cy in the real estate sector to boost confidence of local and foreign investors.

Also speaking, the President, Nigerian Institutio­n of Estate Surveyors and Valuers ( NIESV), Mr. Johnbull Amayaevbo, pledged to accommodat­e FIABCI’S input into its forthcomin­g yearly conference in March 2023 and facilitate more members’ enrollment into the organisati­on.

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