Severe Repercussions of Land Grabbing in Nigeria: What Property Owners Must Know

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Introduction

Land remains one of the most valuable assets in Nigeria, forming the foundation of real estate development, agriculture, and commercial ventures. However, the increasing prevalence of land grabbing—the illegal occupation or forceful takeover of land—poses a serious challenge to property owners.

Land grabbers, often working in organized groups, exploit legal loopholes, forge documents, and sometimes use violence to dispossess rightful owners of their properties. This menace not only threatens property rights but also undermines investor confidence in the real estate sector.

At CHAMAN Law Firm, we recognize the growing concerns around land security and provide expert legal solutions to safeguard property rights. This article examines the legal consequences of land grabbing in Nigeria, the rights of property owners, and legal strategies to prevent and address land disputes.

Understanding Land Grabbing in Nigeria

What is Land Grabbing?

Land grabbing refers to the illegal acquisition, forceful occupation, or fraudulent takeover of land belonging to individuals, communities, or even the government. It often involves:

•Forgery of land documents

•Use of armed thugs to forcefully take over land

•Unlawful sales of land to multiple buyers

•Trespassing and illegal development on another person’s land

Land grabbing is prevalent in urban areas like Lagos, Abuja, and Port Harcourt, where the demand for land is high.

Legal Framework Governing Land Ownership in Nigeria

To understand the consequences of land grabbing, it is crucial to examine the laws governing land ownership in Nigeria.

1. The Land Use Act 1978

The Land Use Act vests all land in a state under the Governor, who holds it in trust for the people. While this law provides for the issuance of Certificate of Occupancy (C of O) as legal proof of land ownership, land grabbers often exploit administrative delays to commit fraud.

2. Criminal Code Act (Sections 52, 365 & 366)

The Criminal Code criminalizes land grabbing acts, including:

•Forceful entry into land (Section 52)

•Forgery of land documents (Sections 365 & 366)

3. Lagos State Property Protection Law 2016

In response to the land grabbing crisis, Lagos enacted the Property Protection Law, which:

•Prohibits forceful land takeovers

•Prescribes a 10-year jail term for land grabbers

•Empowers property owners to seek legal redress

Many other states, including Ogun, Oyo, and Rivers, have enacted similar laws to combat land grabbing.

Legal Consequences of Land Grabbing in Nigeria

Property owners and developers must understand the legal repercussions of engaging in or being victims of land grabbing. The consequences fall under civil liability and criminal penalties.

1. Civil Liability for Land Grabbers

Land grabbers can face severe legal consequences in civil courts, including:

a) Eviction and Recovery of Possession

Courts have the power to order the eviction of illegal occupants from a disputed property. For example, in Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745, the Supreme Court ruled in favor of the rightful landowner and ordered the illegal occupants to vacate the land immediately.

b) Damages for Trespass

A land grabber who forcefully takes over property may be liable for trespass, entitling the true owner to compensation. In Amakor v. Obiefuna (1974) 1 All NLR 119, the Supreme Court held that a person in exclusive possession of land could claim damages for trespass against an intruder, even if the intruder had better title.

c) Nullification of Fraudulent Sales

If land is fraudulently sold to multiple buyers, courts can declare the illegal sale null and void. In Romah Global Ltd v. United Bank for Africa (2019) LPELR-48002(CA), the Court of Appeal nullified a fraudulent land sale and reinstated the rightful owner’s title.

2. Criminal Penalties for Land Grabbers

Land grabbers also face criminal prosecution, leading to imprisonment, fines, or both.

a) Imprisonment for Forceful Takeover of Land

Under the Criminal Code, anyone found guilty of forceful entry into another’s land can face up to 10 years in prison. Lagos State’s Property Protection Law imposes similar penalties.

b) Forgery and Fraudulent Transactions

Forgery of land documents is a serious offense under the Criminal Code (Sections 365 & 366), carrying up to 14 years imprisonment. In Akinola v. Fatoyinbo (2016) LPELR-41114(CA), the court upheld a conviction for falsification of land documents.

c) Prosecution for Conspiracy and Criminal Trespass

Land grabbers often operate in groups, making them liable for conspiracy and criminal trespass under Sections 97 and 348 of the Penal Code (applicable in Northern Nigeria). Convicted persons may face imprisonment of up to 7 years.

How Property Owners Can Protect Their Land Rights

Given the increasing sophistication of land grabbers, property owners must adopt proactive legal measures to secure their properties.

1. Conduct Due Diligence Before Purchase

Always verify the ownership status of land by conducting searches at the Land Registry and checking for any encumbrances. CHAMAN Law Firm assists clients in conducting thorough land verification to prevent fraudulent transactions.

2. Obtain Proper Documentation

Ensure that your land is properly documented, including:

•Certificate of Occupancy (C of O)

•Deed of Assignment

•Survey Plan

Having these documents strengthens legal claims against potential land grabbers.

3. Register the Property with the Government

Unregistered land is more vulnerable to fraudulent sales. Registering your land under the Land Registration Act makes it legally binding and easier to enforce ownership in court.

4. Install Signage and Secure the Land

Erecting “No Trespass” signs and employing security personnel can deter illegal entry.

5. Seek Legal Action Immediately

If you suspect any attempt at land grabbing, seek immediate legal action. CHAMAN Law Firm provides expert legal representation to reclaim illegally occupied properties.

Legal Remedies for Victims of Land Grabbing

Property owners who fall victim to land grabbing have legal options, including:

1. Filing an Injunction in Court

Courts can issue injunctions to stop illegal construction or prevent further trespass. In Adebayo v. Ojo (2022) LPELR-57655(SC), the Supreme Court upheld an injunction against land grabbers.

2. Criminal Complaints to Law Enforcement

Victims can report cases to the police, EFCC (for fraud cases), or state land grabber task forces. Lagos, Ogun, and Oyo States have special task forces for handling land disputes.

3. Litigation for Compensation

Property owners can sue for trespass, damages, and recovery of possession. Courts may award monetary damages against land grabbers.

Conclusion

Land grabbing is a serious legal offense in Nigeria, carrying both civil and criminal consequences. Property owners must remain vigilant by ensuring proper documentation, conducting due diligence, and seeking immediate legal redress when disputes arise.

At CHAMAN Law Firm, we specialize in real estate law and offer comprehensive legal solutions to prevent and resolve land disputes. If you are facing any land-related challenges, contact our team for expert legal assistance.

Protect your property today—because land security is legal security.