What Is the Procedure for Ejecting a Squatter in Lagos?

Introduction

In Lagos, one of the most densely populated cities in Africa, illegal occupation of property — commonly known as squatting — is a growing concern for landlords, property owners, and investors. Squatters often occupy vacant or abandoned buildings, uncompleted structures, or undeveloped lands without the consent or knowledge of the rightful owner.

Ejecting squatter or such occupants is not as simple as “sending them out.” Under Lagos law, every act of eviction, even against an illegal occupant, must comply with constitutional safeguards and statutory procedures. Self-help eviction — such as deploying thugs, police intimidation, or breaking into property — is strictly prohibited.

This article provides a comprehensive step-by-step guide on how to lawfully eject squatters in Lagos. It explores the applicable laws, the distinctions between tenants and squatters, the right legal process, enforcement mechanisms, and what property owners must avoid to prevent liability.

Who Is a Squatter?

A squatter is an individual who occupies land or premises without the permission or lawful title of the owner. In legal terms, a squatter has no tenancy relationship and no contractual right to occupy the property.

Typical examples include:

• Someone who moves into a vacant property without consent;
• A tenant who remains in occupation after tenancy termination without paying rent;
• Unauthorized occupants in uncompleted or abandoned buildings;
• Individuals claiming ownership of unallocated government land.

Under Lagos law, a squatter is considered a trespasser, and property owners can recover possession through lawful judicial processes.

Legal Framework for Ejecting Squatters in Lagos

1. Lagos State Tenancy Law, 2011
   Although primarily designed for landlord-tenant relationships, it indirectly covers hold-over tenants who become trespassers after tenancy expiration.
2. Recovery of Premises Law, Cap 118, Laws of Lagos State 2015
   Governs procedures for recovery of possession from tenants and unlawful occupiers.
3. Criminal Code (Sections 346–349)
   Defines trespass and unlawful occupation as offences punishable by law.
4. Sheriffs and Civil Process Act
   Provides for the execution of court orders through writs of possession.
5. Case Law and Judicial Interpretation
   Lagos courts have established clear distinctions between lawful tenants, tenants at sufferance, and squatters.

Distinction Between a Tenant and a Squatter

A tenant at sufferance (who stays after expiry) can transform into a squatter once the landlord demands possession and the person refuses to vacate.

Why You Cannot Use Force Against Squatters

Section 44 of the Lagos State Tenancy Law, 2011 expressly prohibits landlords from using self-help. Even against squatters, the law recognizes every person’s constitutional right to fair hearing and due process under Section 36 of the 1999 Constitution (as amended).

Therefore, forceful eviction without a court order is:

• Illegal;
• A criminal offence; and
• Can expose the property owner to civil damages or imprisonment.

Step-by-Step Legal Procedure for Ejecting a Squatter in Lagos

Step 1: Confirm Ownership and Occupation Status

Before initiating any action, establish that:

• You are the rightful owner (through a title document or allocation letter);
• The occupant has no valid tenancy or permission; and
• The property is being occupied without lawful authority.

A lawyer should first conduct a brief due diligence assessment to classify the occupant legally (tenant, licensee, or squatter).

Step 2: Serve a Notice of Demand to Vacate

Although squatters are not tenants, courts encourage owners to issue a formal demand notice requesting them to vacate within a reasonable time (typically 7 to 14 days).

This shows the court that you acted in good faith before filing an action.

Format Example:

NOTICE OF DEMAND TO VACATE ILLEGALLY OCCUPIED PREMISES

Dear Sir/Madam,
You are hereby required to vacate and deliver possession of the property located at [address] which you are illegally occupying, within seven (7) days from the date of this notice.
Failure to comply will compel the property owner to take legal steps to recover possession through the court.

Yours faithfully,
[Landlord’s Lawyer]
For: The Property Owner

Step 3: File an Action for Recovery of Premises

After the demand notice expires and the squatter refuses to leave, the property owner, through a lawyer, files a Suit for Recovery of Possession at the Magistrate Court (for residential or commercial properties) or the High Court (for large estates or complex matters).

The Statement of Claim should include:

• Proof of ownership;
• Evidence that the occupant has no permission;
• Demand notice; and
• Claim for mesne profits or damages for trespass.

Step 4: Service of Court Processes

The court will issue summons and direct that the squatter be served personally or by substituted means (e.g., posting on the wall, newspaper publication).
Once served, the squatter is legally notified of the claim.

Step 5: Court Hearing and Evidence

At the hearing, your lawyer must:

• Prove ownership or superior title;
• Demonstrate that the occupant has no lawful right; and
• Show that demand to vacate was made and ignored.

If the squatter fails to appear or cannot prove legal occupation, the court will grant an Order for Possession.

Step 6: Obtain a Court Order for Possession

The judgment usually states that the occupant must vacate within a specified time (e.g., 7 or 14 days). The court may also award:

• Damages for trespass;
• Mesne profits (rent equivalent during illegal occupation); and
• Legal costs.

Step 7: Enforce the Court Order

If the squatter refuses to vacate, your lawyer will apply for a Writ of Possession. The Sheriff of the Court (not the landlord personally) will then enforce the order by physically recovering the property.

Court bailiffs supervise the ejection to ensure due process and avoid confrontation.

Timeframe for Ejecting a Squatter in Lagos

The duration varies depending on the court’s schedule and whether the squatter defends the case. Generally:

• Demand Notice: 7–14 days
• Filing and Hearing: 2–4 months
• Judgment and Enforcement: 1–2 weeks

In total, lawful recovery can take 3–6 months if managed efficiently by an experienced property lawyer.

Case Study 1: Uncompleted Building Occupied by Squatters (Ajah)

In Olawale v. Suleiman (2019), a developer discovered squatters occupying his uncompleted property. He engaged thugs to eject them, leading to a violent confrontation. The squatters petitioned the police, and the developer was arrested for unlawful eviction.

The court later ordered that possession be recovered through proper judicial process.

Lesson: Even illegal occupants enjoy protection under the law until a valid court order says otherwise.

Case Study 2: Family Land Squatters (Agege)

Members of a family discovered unknown persons occupying their undeveloped land. They filed an action for recovery of possession and damages for trespass. The court held that since the defendants had no proof of title or lease, they were mere squatters, and judgment was entered in favor of the rightful owners.

Lesson: Proof of ownership and evidence of unauthorized occupation are key to a successful ejection.

Key Legal Terms Explained

1. Trespasser

A person who enters or remains on another’s property without permission.

2. Mesne Profits

Compensation payable by an unlawful occupant for using a property after being asked to vacate.

3. Writ of Possession

A court-issued directive empowering bailiffs to recover possession.

4. Substituted Service

A legal means of serving notice when personal service is impossible, e.g., pasting notice on the property.

Criminal Implications of Squatting

Squatting can attract criminal liability under Sections 346–349 of the Criminal Code, which criminalize unlawful entry, forcible possession, and wilful damage.
Offenders can face:

• Imprisonment up to 2 years, or
• Fines and eviction through judicial order.

Common Mistakes Landlords Make When Dealing with Squatters

1. Engaging thugs or police to forcefully eject occupants.
2. Removing roofs, windows, or doors to compel evacuation.
3. Failing to prove ownership before initiating recovery.
4. Ignoring court processes or timelines.
5. Not engaging professional legal counsel.
6. Destroying occupants’ belongings during eviction.

Each of these mistakes can invalidate your claim and expose you to civil or criminal prosecution.

Alternative Dispute Resolution (ADR)

Where squatters are willing to vacate peacefully, mediation through the Lagos Multi-Door Courthouse (LMDC) can be used to reach a voluntary settlement — saving time and cost. However, if negotiation fails, litigation remains the lawful route.

What Happens After Ejection

After lawful ejection:

• The property reverts to the landlord.
• Bailiffs record an inventory of items removed.
• The property can then be fenced, renovated, or resold.
• To prevent recurrence, post security personnel or erect boundary signage.

Preventive Measures Against Squatting

1. Develop or fence your land early.
2. Engage caretakers or security guards.
3. Regularly inspect vacant properties.
4. Register your title documents with the Lagos Land Registry.
5. Report trespassers immediately to your lawyer for action.
6. Avoid informal “caretaker” arrangements without written consent.

Frequently Asked Questions (FAQs)

1. Can I arrest a squatter without a court order?

You may report trespass to the police, but eviction still requires a court order.

2. What if the squatter claims to be a tenant?

Request proof of rent payment or tenancy agreement. If none exists, the court will treat them as a trespasser.

3. How long does it take to eject a squatter in Lagos?

Usually 3–6 months, depending on the court’s schedule and complexity of the case.

4. Can a squatter become the owner of my land?

In rare cases, through adverse possession over long periods (usually 12 years or more), but only under strict legal conditions. It’s best to act swiftly to prevent such claims.

5. What damages can I claim?

You may claim mesne profits, damages for trespass, and legal costs.

6. Can I use police for eviction?

The police can maintain order but cannot enforce eviction without a court order.

Recent Legal Developments

Recent Lagos court decisions have emphasized:

• The importance of lawful recovery;
• Digital service of notices via email/WhatsApp when acknowledged; and
• Heavy penalties for unlawful eviction, including personal liability of landlords and agents.

Case Study 3: Squatters on Government-Owned Land (Badagry)

In Lagos State Government v. Ojo & Ors (2022), several persons occupied government land illegally. The government obtained a court order for recovery and demolition. The court held that since the land was under acquisition, the occupants were trespassers with no equitable interest, and the ejection was valid once due process was followed.

Digital Era: Using Technology in Property Monitoring

Modern landlords in Lagos now employ:

• CCTV and drone surveillance to monitor vacant sites;
• Online land registry verification to detect encroachments early;
• AI-powered alerts from Lagos State GIS platforms for property protection.

These tools help prevent squatting before it escalates.

Conclusion

Ejecting a squatter in Lagos must be done legally, professionally, and procedurally. While the frustration of losing control over one’s property is understandable, self-help or forceful eviction can destroy your case and attract criminal sanctions.

The safest route is always through a competent property lawyer who understands the Recovery of Premises Law, the Tenancy Law, and the judicial process for possession. With proper legal guidance, you can reclaim your property peacefully, preserve your rights, and avoid unnecessary confrontation or liability.

Call to Action

At Chaman Law Firm, we specialize in Property and Real Estate Law, including property recovery, squatter ejection, and tenancy dispute resolution. We represent property owners, landlords, and developers across Lagos and Ogun States in recovering their assets lawfully, swiftly, and effectively.

Contact Us

Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos
📞 0806 555 3671, 08096888818,

📧 chamanlawfirm@gmail.com
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