Nigerian Lawyer Under Fire for Suggesting Property Rights Gap Contributed to Landmark Demolition
A Nigerian lawyer, Chukwudi Iwuchukwu, has come under criticism for suggesting that a property rights gap in Nigeria contributed to the demolition of Landmark Beach and other properties to make way for the 700 km Lagos-Calabar coastal road.
The Federal Government had on Monday commenced the demolition of properties within the marked radius of the multi-trillion naira project, and has on Wednesday reportedly started payment of compensation to property owners affected by the demolition.
A section of the public as well as some media agencies have erroneously claimed that the demolition was driven by hatred towards Eastern investors in Lagos state.
Iwuchukwu, who is also the founder and CEO of Visage Media, a Lagos-based multimedia advertising agency, took to social media on Wednesday, May 1, 2024, to educate the public on how the government was justified in its operations, citing the lack of exercising due diligence amongst investors as the “biggest elephant in the room when it comes to real estate business in Nigeria.”
The Visage Media boss dismissed Landmark’s attempts to politicize the demolition of their property, stating that multiple other properties (owned by Non-Eastern investors) were also affected by the development.
“More than 10 beach houses were demolished to make way for the Lagos-Calabar coastal road, which means the demolition affected more than just Landmark Beach,” he said.
“The impact also extended to more than 5 beach investments. The ruling Oniru royal house in Lagos owns one of them, Oniru Beach, while Yoruba investors own the others. Moist beach; Breaze beach, Mami Chula Beach, Xchange Lagos owned by Yoruba investors were also affected,” he added.
In his detailed commentary, he further cleared the allegation of hate, highlighting how other Easterners (who own properties in the heart of the commercial city of Nigeria, Lagos) have remained untouched, and how some South-Western investors are suffering similar fate as Landmark.
“None of them have politicised this whole demolition the way Landmark has. Before we vilify the Lagos State government, let’s not forget that Ernest Obi Jackson owns the second-most expensive office property in Lagos. Second only to Alakija’s.
“Ernest Obi Jackson is from Okija, Anambra State, not Badagry. Nobody demolished Obi Jackson’s property because he is Igbo.”
Speaking on the need to engage a legal practitioner when making huge investments in Nigeria, Ikechukwu noted that “proper background check” to ascertain availability of land could make the difference between staying safe or falling victim.
“Please consider carefully before making any investments in Nigerian property businesses. Whether in Lagos, Anambra, or Abuja, please hire a lawyer to do a proper background check for you.
“Just to be sure that the land you bought does not belong to the government or that there is a plan for development or road construction to pass through the site you are acquiring because that is the biggest elephant in the room when it comes to real estate business in Nigeria.
“The plan for the coastal road did not start today. Incubation began as early as 2007. The key issue is that the investors in that corridor, who have invested billions of naira to build beach houses, did not take the government’s actions seriously and did not hope for the costal road’s imminent execution.”
On government’s overriding interest which could be exercised to revoke land ownership in Nigeria as enshrined in the Land Use Act, the lawyer says is the conversation that needs due attention from the public.
It reads in part: “The fact that this government woke up and started building the road took them by surprise. But beyond this. Let’s just forget one important detail.
“The Nigerian government, anywhere, whether in Anambra, Enugu, Zamfara, or Lagos, can wake up and acquire or demolish your property in the overriding public interest.
“When you have a C/O for the property, they owe you compensation. Because the law gives them the authority to do so, you are powerless to stop them. The Land Use Act is the devil in the detail which we are not discussing well enough.
“It is a powerful law that empowers our government to act and move mad and irresponsibly, but it should not be so. When it had to do with Land use act, Nigerian government is very powerful.
“Property right is a serious business anywhere in the world, except in Nigeria. This land use act makes you a tenant when you purchase a property, anywhere in Nigeria allowing the Nigerian government to seize ownership of the property after 99 years, which is unfair.
“This is not how property rights ‘work. In’ [sic] other countries. Therefore, it is imperative that we, as a people, demand reform to this harsh, disgusting, and oppressive law known as the Land Use Act.
“It has made our country poorer and outlived its usefulness. The time to reform the Land Use Act was yesterday, but the time to totally abolish it is now.”
Despite also calling for reforms, Ikechukwu’s remarks have been rebuffed by Landmark sympathizers, alleging him of supporting and justifying the government’s action.
Commenting under the post, a user by name Victor Uko accused the lawyer of being sponsored by the government, and went on to describe the government as a “confused” administration thirsty of harvesting FDIs.
He said: “You mustn’t have opinion to every issue except ofcourse if you were paid. On this very touchy issue because of how badly this confused govt are gallivanting around the world looking for FDI while literally destroying the existing ones, you clearly speaking from both sides of your mouth on this subject matter as your point isn’t clearly stated.
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Another user, Chinweokwu Jennifer Odo, said: “The Land Use Act has become obsolete but because it favours the government, they don’t want to repeal or at least amend it. A lease can be renewed though, subject to terms.
Sunnyvan Oliver said: “But what’s the essence of the Lagos – Calabar Coastal Highway? The East West Road which the federal government has been constructing since the end of the Civil War, which started From 1970 till date have they completed it? Nigeria is the only government in the whole wide world that keeps on creating hardship on its citizens from different segregated policies.”
In an attempt to clear Landmark from its supposed “lack of due diligence”, a user, Sunkanmi Adesina, argued that it is not the investors that demonstrated lack of foresight, but the government, given the fact that these investors were issued a C/O after the purchase of these properties.
He said: “The issue here is not just demolition. It’s deviation from the original plan, which has now made nonsense of your point of “not buying property anyhow”. The property were not bought anyhow. The original coastal road spared those places.
“Another one that made nonsense of your postulation is that government gave approval to the projects hence the reason why genuine C of O was issued. So if government themselves knew that there’s a plan to build a road on a particular land, why issuing a C of O, in the first place? Are you not contradicting yourself here?
“Then finally the problem is not Land Use Act, but lack of vision. Land Use Act exists everywhere. When did you you see the government of the UK wake up one day and start demolishing multibillionaire properties which have government’s approval in the name of Land Use Act?”
