ACQUISITION OF LANDS BY ALIENS LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N1,500 (PDF) AND N3000 (WORD)] CLICK HERE FOR ONLINE PAYMENT OR TRANSFER TO TREE & TREES, 0013401871, GTBANK. ALL THE LAWS OF LAGOS STATE IS ALSO AVAILABLE AS A COMPENDIUM. EMAIL: lawnigeria@gmail.com or info@gmail.com or Text/WhatsApp +23407067102097

LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

ACQUISITION OF LANDS BY ALIENS LAW

ARRANGEMENT OF SECTIONS

1.       Alien not to acquire land except with the approval of Governor or unless exempted

2.       Alien not to acquire interest oi tight of ownership in land

3.       Unlawful occupation of land by an alien-

4.       Procedure for ejection of alien in unlawful occupation

5.       Institution and conduct of legal proceedings

6.       Power to make regulations and orders

7.       Approval under the Law, etc’

8.       Interpretation

9.       Citation

CHAPTER A1

ACQUISITION OF LANDS BY ALIENS LAW

A LAW TO REGULATE AND CONTROL THE ACQTIISITION OF LAND BY ALIENS F’ROM CITIZENS OF NIGERIA.

[Commencement]                              [5th Ju1y, 197 L]

L.       Alien not to acquire land except with the approval of Governor or unless exempt

(l)      Except as provided by this Law and any regulations or orders made under this Law-

(a)     an alien may not acquire any interest or right in or o’er land from a citizen of Nigeria unless the transaction under which the interest or right is acquired has been previously approved in writing by the Governor;

(b)     provided that where any such interest or right to be acquired b1.an alien is less than three (3) years (including any option for renewal) the provisions of this Law will not apply; and

(c)     where such interest or right has been lawfully acquired by an alien, that interest or right will not be transferred, alienated, demised or otherwise disposed of to any other alien, or be sold to any other alien under any process of law, without prior approval in writing by the Governor of the transaction or sale, as the case may be.

(2)     Any agreement and any instrument in writing or under seal by or under which an alien purports to acquire any interest or right in or over any land (other than an interest or right acquired pursuant to the provisions of this Law and regulations or orders made under this Law) and which forms part of or gives effect to a transaction that has not been duly approved in accordance with the provisions of this Law wili be void and of no effect.

2.      Alien not to acquire interest or right of ownership in land

(1)     An alien may not acquire an interest or right of ownership in or over any land from a citizen of Nigeria.

(2)     Where such interest or right has been lawfully acquired by an alien, that interest or right must not be transferred, alienated, demised or otherwise disposed of to any other alien.

(3)     Where an alien has lawfully acquired an interest or right of ownership in or over any land from a citizen of Nigeria and such interest or right becomes liable to be sold under any process of law then such sale will be ordered to be made to the State Government in the first instance, and, if the Government declines, then to a citizen of

3.      Unlawful occupation of land by an alien

(1)     It will not be lawful for any alien or for any person claiming through or under as alien to occupy any land belonging to a citizen of Nigeria unless the right of the alien to occupy or authorise the occupation of the land-

(a)     was acquired in a transaction which had received the prior approval of the Governor in accordance with section 1 of this Law;

(b)      was acquired by virtue of any regulations or orders made pursuant to the provision of this Law;

(c)      is evidenced by an instrument which has received the prior approval of  the Governor in writing under any statutory provision in force at the time of the approval;

(d)      was acquired before the commencement of this Law; or

(e)      is authorised by or under any enactment’

(2)    Any alien or other person who is in unlawful occupation of land belonging to a Citizen of Nigeria will be guilty of an offence and, liable, on conviction, to a fine of (One hundred and Eighty thousand Naira) N180,000.00 or imprisonment for twelve (12) months.

4.      Procedure for ejection of alien in unlawful occupation

(1)     Where it appears to the court that an alien or person claiming to be entitled through or under an alien is in un unlawful occupation of any land belonging to a citizen of Nigeria the court may, on the application of the Attorney General or the commissioner Charged with responsibility for 1und matters or any person authorised by the Governor or in  its own motion, cause a summons to be issued to such alien or person to appear before the court and produce the instrument by which the alien who is occupying the land or through or under whom the land is occupied is entitled to occupy or authorise the occupation of the same, or a copy of such instrument certified in accordance with the law relating to the registration of such instruments’

(2)    If, on the hearing of such Summons, the court finds that such alien or person claiming through or under an alien is occupying land belonging to a citizen of Nigeria, and such alien or person fails to satisfy the court that such occupation is lawful, the court will order such alien or person to give up possession of the land and will issue such process as may be necessary for enforcing such order.

5.      Institution and conduct of legal proceedings

Notwithstanding the provisions of any written law to the contrary, proceedings for an offence against any provision of this Law and all civil proceedings under this Law, must be brought in the name of the Attorney General or any person authorised by him, in relation to any particular proceedings or class of proceedings.

6.      Power to make regulations and orders

(1)     The Governor may make regulations with respect to all or any of the following matters-

(a)     prescribing the procedure for application for approval in accordance with section I of this Law for the acquisition of any interest or right in or over land by an alien;

(b)     requiring that any agreement for the grant of any interest or right in or over land to an alien or any instrument granting such right or interest to an alien must be in writing in any specified form;

(c)     prescribing the terms and conditions to be included in agreements in writing or other instruments submitted for approval in accordance with section I of this Law;

(d)     prescribing the form in which approval in accordance with section I of this Law may be given;

(e)     exempting from the provisions of section I of this Law:

(i)      the acquisition by any specified classes of aliens of such interests or rights in or over land as may be prescribed; or

(ii)     the acquisition by any alien or any specified classes of aliens of interests or rights in or over land for any specified purpose;

(f)      prescribing the fees (if any) to be paid in connection with applications for, and the grant of, approval of any transaction; and

(g)     generally for the purposes of this Law.

(2)     The Governor may by order declare any company or body of persons corporate or unincorporated and not already exempt from the provisions of this Law to be so exempt, subject to such conditions as may be deemed fit to impose.

7.      Approval under the Law, etc.

For the avoidance of doubt it is declared that—

(a)     any approval under the provisions of this Law will be at the discretion of the Governor, and

(b)      the provisions of this Law will not apply to any interest or right in or over land which is subject to the provisions of the State Lands Law.

8.      Interpretation

In this Law, unless the context otherwise requires –

“alien” means:

(a)     any person other than a citizen of Nigeria; and

(b)     any company or association or body of persons corporate or unincorporated other than:

(i)      a corporate body (in which the majority of the shares are held by citizens of Nigeria) established specifically by or under any Act or Law which empowers that body to acquire and hold land;

(ii)     a corporate body incorporated under the provisions of the Companies and Allied Matters Act-Part C-Incorporated Trustees or any other Act or Law containing general provisions for incorporation where the corporate body is composed solely of citizens of Nigeria;

(iii)    a corporate body established under any Law of the State relating to local government or education and empowered by that Law to acquire and hold land;

(iv)    a co-operative society the majority of the members of which are citizens of Nigeria and which is registered under the provisions of any Law of the State relating to co-operative societies;

(v)     a company or association or body of persons corporate or unincorporated which the Governor may by order made under section 6(2) declare to be exempt from the provisions of this Law:

“citizen of Nigeria”  means a natural-born or indigene of Nigeria; any individual, company or association or body of persons corporate or unincorporated that is not an “alien” for the purposes of this Law;

“court” means the High Court or a Magistrate’s Court of the State.

“instrument” means any document in writing affecting land, and includes a will.

9.      Citation

This Law may be cited as the Acquisition of Lands by Aliens Law.

SUBSIDIARY LEGISLATION

LIST OF SUBSIDIARY LEGISLATION

1.       Acquisition of Lands by Aliens Regulations

2.       Exemption Orders

THE ACQUISITION OF LANDS BY ALIENS REGULATIONS

[commencement]                               [5th July, 19717]

1.      Manner of application

(1)     A person wishing to obtain approval of a transaction as required by the Acquisition lands by Aliens Law(in these regulations referred to as “the Law”)will submit to the state Commissioner to whom responsibility for land matters is assigned (in these regulations referred to as “the commissioner”) application in the form set out in the First Schedule.

(2)     The applicant must, before submitting the application’ pay into the Sub- Treasury the appropriate fee set out in the Second Schedule and deliver or send the Treasury receipt obtained for the Sum So paid with the application.

(3)     The applicant must furnish the Commissioner with any further information which may be required in respect of the application’

2.      Conditions of approval of transactions

The conditions upon which approval as required by this Law may be given to a transaction are—

(a)     that an application for approval is made in the form set out in the First Schedule;

(b)     that the interest or right to be acquired under the transaction will be acquired subject to the provisions of regulation 4 of these regulations;

(c)     that the fees prescribed by regulation 1 above are paid; and

(d)     that the transaction, if approved’ will be evidenced by an instrument duly registered in accordance-with the provisions of the Land lnstruments Registration Law or the Registration of Titles Law.

3.      Terms and conditions to be contained instrument of lease

(1)     Every instrument of lease will contain a covenant on the part of the lessee in a form satisfactory to the Commissioner to pay the rent at the time and in the manner stated.

(2)     Every instrument of lease will contain, in addition to any usual terms and conditions, the following conditions-

(a)     that the rent reserved will be subject to revision on the exercise of any option for renewal contained in the instrument of lease and such revised rent will be fixed by agreement between the lessor and the lessee;

Provided that this condition will not apply to the rent reserved in a lease containing one or more renewal clauses where the aggregate of the original term and the term (or terms) of any renewal (or renewals) does not exceed five (5) years;

(b)     that if the lessor and the lessee are unable to agree as to the revised rent to be paid the matter will be referred to an arbitrator to be agreed on by them, or in the absence of such agreement, to an arbitrator appointed by a judge of the High Court of Lagos State in accordance with the provisions of the Arbitration Law;

(c)     that the amount at which the revised rent is fixed by the arbitrator appointed pursuant to the condition specified in sub-paragraph (b) above will be such as in the opinion of the arbitrator is a fair and reasonable rent for the land demised having regard to rents obtainable at the commencement of the revision period for similar lands of similar area and amenities, similarly situate, with a proviso to the effect that, in fixing the rent the arbitrator will not take into account any improvements made by the lessee upon the land demised since the date of the lease;

(d)     that the decision of any arbitrator appointed pursuant to the condition specified in sub-paragraph (b) above, will be final;

(e)     that the provisions of the Arbitration Law will be applicable to any reference and award made pursuant to the conditions specified in the paragraphs.

4.      Limitations on acquisitions

The interest or right to be acquired under the transaction will not be acquired for any greater estate than a term of years such term-

(a)     shall not exceed, including any option to renew, twenty-five (25) years; and

(b)     shall not commence more than one (1) month after the approval of the transaction.

5.      Form of approval

The approvaloftheGovemorshallbeconveyedtotheF.ormofapplicantinaletter on the form set out in the Third Schedule hereto or to the like effect.

6.      Governor’s power to waive requirements or modify conditions or Limitations

notwithstanding anything contained in these regulations, the Governor may in any particular case waive compliance with any of the requirements of these regulations or notify the condition or limitations contained.

7.      Citation

These regulations may be cited as the Acquisition of Lands by Aliens Regulations.

SCHEDULES

FIRST SCHEDULE

Regulation I

APPLICATION FOR APPROVAL OF’A TRANSACTION UNDER THE ACQTIISITION OF LANDS BY ALIENS LAW

1. (a)           Nature of Grant, Lease, Sub-Lease or Assignment………………………..

(b)     If Sub-Lease or Assignment, give registration particulars of the principal Lease

……………………………………………………………………………..

…………………………………………………………………………….

2.       Name of proposed Grantee or Grantees in full (In Block Capitals)

……………………………………………………………………………..

……………………………………………………………………………..

Note:

(a)     In the case of a corporate body the full title and the nature of the corporate status must be given.

(b)     In the case of an individual or a firm registered under the Companies and Allied Matters Act, Part B, Business Names, the full name of the individual or each member of the registered firm must be given in addition to the business name under which trading is carried on.

3.       Nationality (In Block Capitals). ……………………………………………….

4.       Address (In Block Capitals) ……………………………………………….

……………………………………………………………………………..

……………………………………………………………………………..

Note: In the case of either (a) or (b) in paragraph 2 above the registered address must be given.

5.       Name of proposed Grantor or Grantors, with whom the terms have been negotiated (In Block Capitals) ……………………………………………………..

6.       Address or abode (In Block Capital$)……………………………………………………………………………..

7.       Situation and area of land

8.       Length of term agreed for………………………………………………….

9.       Amount  of rent agree to………………………………………………….

…………………………………………………. ………………………………………..

10.     Purpose for which the land is required, e.g. residence, trading, agriculture, etc.

…………………………………………………. ………………………………………..

12.     Special terms and conditions agreed to, if any…………………………………

…………………………………………………. ………………………………………..

Note: one copy of a survey plan of the area must be enclosed with this application unless it is in respect of (a) a period not exceeding five years (including any option to renew for a further period) or (b) a part of a building or (c) an area for which a survey plan is attached to a registered deed.  In the case of exceptions (a) and (b) a sketch plan should be disclosed.

Signed:

Date………………………………………………………………………………………….

Applicant grantee

Date. …………………………………………………………………………………………

Applicant grantor

Signed, by the making of his/her mark, the above having been first read over and interpreted to him/her/them in the language, when he/she/they appeared perfectly to understand the same, in the presence of Justice of the Peace.

Address: …………………………………………………………………………………………

…………………………………………………………………………………………

SECOND SCHEDULE

FEES                                                                     Regulation 1{2)

On approval by the Governor—                                                           NK

1.       for a tem including any renewal exceeding three years   2,500.00

THIRD SCHEDULE,

APPROVAL OF GOVERNOR                       Regulation 5

Sir/Gentlemen,

Referring to your application I have to inform you that subject to the conditions annexed, the Governor has approved the proposed transaction.

If the transaction is not evidenced by an instrument duly presented for registration and registered in accordance with the provisions of the Land Instruments Registration Law, or the Registration of Titles Law, this approval shall accordingly cease to be of any effect.

I am Sir/Madam/Lady

N.B. Approval of this transaction cannot cure any defect in title. This letter of approval must be produced when an instrument is presented for registration.

EXEMPTION ORDERS

A. ACQUISITION OF LANI}S BY ALIEI\S

(EXEMPTTOI\) ORDER

[commencement]            [5^th July 1971]

1.      Exemptions

Any  Company, association or body of persons corporate or classes of companies, associations or bodies of persons corporate mentioned in the first column of the Schedule in this Order are exempted from the provisions of the Acquisition of lands by Aliens Law, specified in the second column to the extent specified in the third column’

2.      Citation

This Order may be cited as the Acquisition of Lands by Aliens (Exemptions) order’

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA