NEW PROPERTY PROTECTION LAW

It is no longer Business as usual for the Land grabbers in Lagos State with the arrival of the Lagos State Properties Protection Law 2016.  Lagos State has become oven for the" omo oniles" and "ajagungbales"

The Law has laudable Eleven(11) Sections.

Section 1 is an Interpretation Section which defines the words
"Agent"
"Access"
Construction Activities"
"Encroachment"&
"Landed Property"

Section  2(1) prohibits the use of force or self help to take over landed property.

Section 2( 2) makes it an offence for one who forcefully taken over a landed property before d commencement of this. Law  and still remains in possession after the commencement.

Section 2(3) says  a person who commits an offence under subsections (1)&(2) is liable to ten (10)years imprisonment.

Section 3 (1)makes it an offence for someone to use threat or violence for d purpose of securing entry into any landed property for himself or any other person   without lawful authority.

Section 3 (2) makes it clear that a person's right to possession of any property shall for purpose  constitute lawful authority for the use of threat by him or anyone acting on his behalf for the purpose of securing entry into that property.

Section 3(3) makes it known that offence is committed weda or not-
(a) d violence is directed against d person or property
(b) the violence is intended to secure entry for d purpose of acquiring possession of the property or for any other purpose

Section 3(4)(a) provides ten (10) years imprisonment for a person who commits the offence of forceful entry under the provisions of  this Law.
Sec 3(4) (b) says: any  person who-
(i) makes forceful entry with firearms, offensive weapons, obnoxious or chemical materials
(ii) is in company of any person so armed or
(iii)wounds or uses violence on any person contrary to this Section
Commits an offence and liable to conviction for four (4) years imprisonment.

Section 4(1) makes it an offence for an encroacher of a property who fails to leave after being told.

Sec 4(3) says
(a) Anyone who derives title from an encroacher or
(b) licence or right given by an encroacher  shall himself  be treated as an encroacher

Sec4(4), insists that even though an encroacher  has  been allowed time to leave the property, he is still an encroacher.

Sec4(5) provides  a fine not exceeding five(5 )Million or five (5) years imprisonment for anyone who commits offence under Section 4 of this Law.

Section 5 prohibits d use of agent for d purpose of forceful taking over of the land.

Sec 6 prohibits Law Enforcement Agent, Vigilante group, ethnic, cultural/traditional militia shall not execute d judgment of a court in respect of Landed property without recourse to Sheriff and Civil Process Act or any other Law. 

Sec 7 says an encroacher on any property who is armed with firearms,dangerous/offensive weapons commits an offence and on conviction to ten (10) years imprisonment.

Section 8(1)(a) says any person who offer for sale of any property without lawful authority of d owner commits an offence and liable on to a fine of five hundred thousand(500,000.00) or six (6) years imprisonment or both.

(b) sells a property which has been previously sold by him or privies or
(C) without lawful authority of the owner sell d property entrusted to him commits an offence and liable on conviction to a fine not exceeding 100% of d value of d property or to imprisonment of five (5) years or both and d property shall revert to d lawful owner.

Section 8 (2) (a) says a person shall not sell family land without d consent of d family head or accredited members of d family.

Sec 8(2) (b) must not sell Government land without authority of d State

Sec 8(3) prohibits sale of Land which has been previously sold without a Court judgement repudiating d earlier sale

Section 8(4) says any person who contravenes subs 2 and 3 of Section 8 commits an offence and liable on conviction to twenty one (21) years imprisonment.

Section 9 warns against professional misconduct any one found guilty under the provisions of ds Law shall be reported to d relevant professional body for misconduct and necessary actions

Section 10 frowns against frivolous petitions to any Law Enforcement Agency knowing fully well dt such is false and mandates that such petition in respect of a landed property shall be accompanied by a sworn declaration by a Petitioner.

Section 11 says a person shall not demand for any fee or levy in respect of construction activities on any property,  disrupts or obstructs construction works from buyers or ratification fee pursuant to a Judgement of a court of law.