Encroachment on Govt land: Understanding Ogun’s conservation laws
By Tope Adewunmi
On the 22nd June, 2024, the Ogun State Governor, Prince Dapo Abiodun, issued three new Executive Orders aimed at fostering sustainable development, environmental conservation, and responsible mining practices. The third of the Executive Orders addresses land management and mining activities by prohibiting traditional rulers from entering into agreements or Memorandums of Understanding (MOUs) concerning land matters, with the view to prevent irregularities and ensure transparency in land management. It also safeguards, inter alia, the state’s executive power in overseeing land use for mining and industrial activities. This move was made to ensure that all land acquisitions and explorations are conducted through approved, transparent processes. Executive Order Three would also protect stakeholders from undue headaches, by enhancing peace and sanity in land transference and ownership issues across various communities, as well as improving the economic progress of the state at large. No doubt, the barring of traditional rulers from the issue of land management would help give a sense of direction to land ownership and administration in Ogun State.
At this point, it is important to place the situation in its proper context. The Land Use Act of 1978 vests all land in the state to the Governor, while Section 28 of the Act empowers the Governor to revoke private rights over land. Thus, the 1978 Act is enough to put to rest any argument about land ownership, especially when it relates to government interest and involvement. Understandably, land is “gold” in Ogun considering its vantage position as the Gateway State and its proximity to Lagos. The strategic location of the State with a land mass of 16,762 kilometre square, has Lagos and the Atlantic Ocean to its South, Benin Republic to the West, Ondo State to the East, as well as Oyo and Osun states respectively to the North makes its land a premium investment. As such, land before now had been a cash cow in the hands of some individuals who had taken advantage of various situations in the past to lure investors into illicit transactions.
The Ogun State Government, under the leadership of Prince Dapo Abiodun, had since May 29, 2019, put some lofty initiatives in place through its Bureau of Lands and Survey to ensure transparency and accountability in land administration and management. In the recent past, the illegal activities of land grabbers, who blatantly disdained the existing law in the State, led to numerous untoward activities such as encroachment and sale of government-acquired land, some of which had been earmarked for developmental purposes for decades.
Yet, understanding that innocent people and investors might have fallen prey to such land grabbers, the government decided to accommodate the mistakes by calling on such parties to regularise their purchases, such as is being done in Ifo Local Government Area after the relocation of LUTH to another area. This regularisation process was done to afford people who had bought and built on the government acquisition in Ifo local government area to save their investments and is only one of the examples of such initiatives across the State.
Ordinarily, acquired land by the government can be classified as committed acquisition or non-committed acquisition. The committed acquisition is land that has already been earmarked for particular developments like estates, schools, hospitals, military shooting range, etc., and it cannot be regularised. The non-committed acquisition, on the other hand, is held by the government without any immediate plans for use, and as such, can be regularised at the discretion of the Governor, which the Governor frowns on further encroachment. It should be noted that 1.5km of all the major roads along the corridors of Ogun State, except for the Lagos-Ibadan Expressway which is 2km, fall under acquired land given that the government intends to use it to facilitate future development.
Acknowledging the intricacies of land administration and management in governance, the present administration initiated the Ogun State Land Administration and Revenue Management System (OLARMS), towards ensuring seamless land transactions with total removal of human-induced administrative bottlenecks in land management through the automation of all processes toward the perfection of land titles in the state. It is instructive to note that these non-committed acquisitions are in the true sense targeted at the wholesome future development of the state in the long run. But the sellers of such land under any guise, acting on the impetus that no development has commenced in such areas, deceive their buyers into fraudulent and problematic investments. Hence, the government decided to temper justice with mercy by not leaving its people out there in the cold to be the losers of all.
Some examples of areas under non-committed acquisition, which the present administration has released under OLARMS include Ikereku-Olokuta, Laderin, Abule-Oko, Agunrete, and Ijeun-Lukosi. Others are Igbusi, Fagbayi, Ogan, Abata, Pakoto, Ojusango, Abule-Oke, Abata, Ayetoro, Lukosi, Ilara, Oguo, Simawa, Aguntoye, Seidu, Makogi, Magboro, Mowe, Orimenumu, Asese, Ibafo, Sefiu-Sote, Olowotedo, among other locations respectively.
Another pertinent issue is the speculative motives of many holders of provisional letters of offer on government land, which have created economic dislocation in state revenue, as revealed by the Director-General/Special Adviser of the Ogun State Bureau of Lands and Survey, Arc. Segun Fowora, recently. In other words, some allottees of government land attempt to play smart by applying for land, after which they get an allocation fee and provisional letter, and then end up not making the due payments. These individuals, referred to as land speculators or encroachers as the case may even dare to commence business on the land without formalising or regularising the status of the land.
This has forced the present Director-General/Special Adviser in the Bureau of Lands, who has been championing the vision of transparency in land administration of the present administration, to declare in a press release that all holders of provisional letters of offer dated on or before July 31, 2023, are null and void for failing to make payments to the government coffers. It is on record that the Prince Abiodun-led government went as far as accommodating property owners under the Home Owners Charter (HOC),which was the brainchild of the immediate past administration in the state. This allowed many applicants who started their regularisation process with the Home Owners Charter to have their papers cleared for the Certificate of Occupancy (C of O). Recently over 10,000 C of O abandoned by the immediate past administration under the HOC initiative have been processed, registered and delivered to applicants.
Ogun, being the industrial capital of Nigeria, appears to be making concerted efforts at advancing the state’s status by aligning with global best practices in a way that will attract and accommodate investors. The Executive Order restricting traditional rulers from entering into unauthorised agreements demonstrates the dedication of the present administration to good governance, economic development, and environmental stewardship in Ogun State. This Executive Order will rid the state of communal clashes over land ownership and save traditional rulers from unnecessary noise on land matters. It will eliminate the avoidable loss of human lives due to clashes over land ownership and put an end to the activities of land speculators who approach investors in disguise as true owners of portions of land for which payment has not been made. Moreover, this approach will significantly contribute to fostering industrialization as the various policy initiatives of the present administration in land management will be enhanced.
It is an understatement to say that the “Green” initiative of the Ogun State Government, intended not only to beautify the environment but also to mitigate the effects of climate change, preserve the environment, and protect our future, will come to fruition if all stakeholders do their part to collaborate with government efforts by adhering to the new initiative.
Adewunmi writes from Abeokuta via [email protected].
