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Friday, January 31, 2014

Stakeholders caution Lagos legislature over Land Bill

Ikuforiji
The Lagos State House of Assembly has been advised by various stakeholders in the state to apply caution over its new Land Bill, describing the proposed law as sensitive.
Speaking at a public hearing on the “Bill for a law to prohibit forceful entry and occupation on landed properties, violent and fraudulent conducts in Lagos State and for connected purposes” at the House of Assembly complex, most of the contributors pointed out the need to rework the 17-section bill.
In his submission, the Dean, Faculty of Law, University Of Lagos, Professor I.O. Smith, analysed the bill section- by-section and alerted the House of Assembly to some contradictions in the bill and its implication rightful land owners.
Smith called for an in-road into an immediate recourse anyone whose property has been wrongfully possessed.
He called for the creation of a remedy clause under the proposed law; consideration for the third party and the need for a taskforce on investigation of land matters.

Also, he advised the House of Assembly to seek more legal advice on the bill before its passage into law.
In the same vein, a lawyer, Mr. A Adegoke, from Muiz Banire Associates, also highlighted the penalties inherent in the bill.
Adegoke wondered why the highest penalty carry 21-year-jail term when more heinous crimes in the land carry less punishment.
The lawyer also called the attention of the House to the fact that the maximum sentence a magistrate court could pronounce is 14 years, wondering why a Special Offences Court instituted by the state would dish out a higher penalty.
He urged the House to apply caution. Another legal practitioner, Mr. Adesina Adegbite, of the Nigeria Bar Association, Ikeja branch, also pointed out the possibility of conflicts in the implementation of the bill if eventually transformed into law, as it had already been provided for in the constitution of the federation.
He, however, commended the House for the bold step and reiterated the need for some readjustment in the bill.
A journalist, Jide Osokoya, noted that there was no penalty spelt out in the bill for a land loser who refused to vacate a landed property to a land creditor, years after court judgment has proved so. He added that no procedure of persecution was spelt out.
He recommended the inclusion of a mediation panel in the bill to create room for expedient fair hearing.
Osokoya  also noted the power of arrest vested in the Lagos State Special Enforcement Taskforce Unit in Section 12 of the bill, may lead to confrontation between the taskforce and the police.

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