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PROPERTY ARTICLES

Land Act: Experts Seek Reduction In Governor's Power Of Consent
By Dada Jackson Senior Correspondent, Lagos
Independent, 20th July, 2009

As the draft bill on the proposed amendment of the Land Use Act sent to the National Assembly by the Presidency continues to linger in the Upper House, a cross section of experts in the built environment industry has underlined the need to review the powers conferred on governors in the area of granting consent to land deals.

Their stance is hinged on alleged abuse by some governors in granting consent especially where it is seen that the person seeking the consent is perceived to be a political opponent.

A former president of the Nigerian Institute of Quantity Surveyors (NIQS), Mr. Emmanuel Oforeh, said that now was the time to critically look into the area of the Land Use Act (LUA) as it concerns the granting of unqualified consent to prospective lands seekers.

According to him, this area should be reviewed to allow for a decentralisation of the powers. He added that this concentration of powers solely on the governors had slowed the process of governance.

He noted that this development had equally distracted the governor from fully performing his constitutional roles of delivering the dividends of democracy to the people.

Speaking in a similar vein, the immediate past chairman of the Lagos Branch of the Nigerian Institution of Estate Surveyors and Valuers (NIESV), Mr. Joshua Ajayi-Patunola, expressed dismay that such enormous powers could be conferred on governors, thereby making them powerful as it concerns land matters.

He said that over the years the clamour for the whittling down of the powers of governor in respect of granting certificates of occupancy (C-of-Os) and title deeds was a step in the right direction.

According to him, the National Assembly should take the issue with all the seriousness it deserves.

On his part, Managing Director of Spring Mortgage Finance, Mr. Ifeanyi Onuorah, admitted that there were some flaws in the LUA, pointing out that one of the major areas in the act that needed urgent attention was the area of Governor,s Consent.

Onuorah posited that the avalanche of requests for title verification and clearance usually before the governors is enough distraction. He added that this development has in many ways slowed down the process of signing title deeds.

He disagreed with the notion that some governors have been using the power of consent to witch hunt perceived political opponents. He added that there was no evidence to attest to that allegation.

Onuorah underlined the need to reduce the power given to governors in respect of consent, noting that development might allow them room to concentrate more on good governance.

The first civilian Executive Governor of Lagos State, Alhaji Lateef Jakande, at a recent forum in Abuja threw his weight behind the clamour for a review of the LUA.

He said that it was imperative that the act should be amended to make room for a more flexible process of obtaining title deeds and C-of-Os.

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