Experts propose housing, Land Use Act as key constitution review agenda
Seek physical planning on concurrent legislative list
AS the House of Representatives Committee on Constitution Review calls for the submission of memoranda for further alteration of the 1999 constitution, built environment professional bodies and experts have proposed critical areas that need interventions and amendment by the National Assembly. Among the areas in focus is the 1978 Land Use Act, which seeks to regulate land ownership, which is unarguably one of the most contentious legislations in Nigeria. The law, the brainchild of Chief Olusegun Obasanjo when he first presided over Nigeria as a military leader, was “smuggled” into the 1979 Constitution by the then Supreme Military Council.
Despite the Act having its own merits, stakeholders trace the major hindrance to housing development to it, especially its centralised ownership, and uncertainties in land transactions.
The Act, according to these experts, is overdue for a comprehensive review, which cannot be done because of the constitutional requirements for such amendments.
They also propose potential amendments to address challenges of the right to housing and the need to put physical planning on the concurrent legislative list, as well as policy reforms for effective implementation, and resource allocation for housing.
According to them, a successful amendment would decentralise land administration, streamline the land acquisition process, strengthen land tenure security, and promote efficient land use for housing development.
Specifically, the President, Nigerian Institute of Architects ( NIA), Mobolaji Adeniyi, said the constitution should explicitly recognise housing as a fundamental human right, including a provision that guarantees the right to adequate housing that could compel the government at the three tiers to prioritise housing policies and programmes.
Adeniyi told The Guardian, that the Act hinders housing development by centralised ownership, limiting the direct acquisition of land for housing projects. “This bureaucratic process, prone to corruption and time- consuming bureaucratic procedures, is time- consuming and costly,” she said.
She explained that individuals and organisations only have a right of occupancy, which is not marketable and can't be used as collateral for loans or mortgages. The Act's inefficient land administration, outdated records, and inadequate capacity have led to delays, disputes, and uncertainties in land transactions, which discourage investment in housing development.
According to her, the Act has also contributed to urban sprawl and land speculation, as state governments allocate large parcels of land for speculative purposes rather than immediate development.
“Additionally, the Act lacks adequate compensation for revocation, creating insecurity and discouraging longterm investment in housing development. To address these issues the Act should be amended to decentralise land administration, streamline the land acquisition process, strengthen land tenure security, and promote efficient land use for housing development,” she said.
The President, Nigerian Institution of Estate Surveyors and Valuers ( NIESV), Mr Johnbull Amayaevbo, reiterated calls for the removal of the Act from the 1999 Constitution and reviewed to expand access to land.
Amayaevbo, however, lamented that the Act has negatively affected land administration and management, and has been an impediment to converting land resources into individual wealth in the country.
Similarly, NIESV'S past president, Mr Emeka Eleh, said the removal of the Act from the constitution would not only make the processes for its implementation easier, but business friendly.
He said: "Lack of registrable titles coupled with other issues associated with the implementation of the Act has effectively contributed to the level of poverty in the country both at the individual and state levels.
"At individual levels, people are unable to create wealth from their land assets, while at state levels, revenue that should accrue from ground rent receipts is lost because the bulk of the land is not covered by registered title and is therefore "unknown" to the state."
According to him, the requirement for beneficiaries to use only properties covered by a Certificate of Occupancy ( Cofo) as collateral for loans from the National Housing Fund ( NHF) is known to be a major reason for the failure of the fund to make the desired impact in the economy.
"This is because a majority of the low- income earners, who are meant to benefit from the fund do not have Cofo covering their plots and are therefore excluded. While some states like Lagos and the Federal Capital Territory have taken commendable steps to streamline and shorten the process of obtaining both consent and Cofo, a lot still needs to be done," Eleh added.
The President, Nigerian Institute of Town Planners ( NITP), Mr Nathaniel Atebije, said there is a need to put physical planning on the concurrent legislative list. “This is because urban planning plays a pivotal role in shaping the development and sustainability of cities, especially in our clime where rapid urbanisation poses significant challenges.
“Leaving it under the jurisdiction of state governments does not enhance coordination of development activities, especially in resource exploitation and utilisation. There are issues across the states of the federation that can only be tackled effectively at the National level such as national physical planning standards, urban development policies, ecological problems, and climate change mitigation policies,” he said.