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Laws & Acts

https://lawnigeria.com/Judgement/Land-Real-Estate-Property-Law-Judgments...

https://www.globalpropertyguide.com/Africa/Nigeria/Landlord-and-Tenant

1. THE LEGAL FRAMEWORK FOR ACQUISITION OF LANDED PROPERTY IN THE FEDERAL CAPITAL TERRITORY, ABUJA

Involves the Constitution, the Federal Capital Territory Act, the Land Use Act, the Federal Housing Authority Act, the National Urban and Regional Planning Act, the Federal Inland Revenue Services Act, the Companies and Allied Matters Act, the Land Instruments Registration Act, the Registration of Titles Act, the Capital Gains Tax Act and the Stamp Duties Act.

2. ACQUISITION OF LANDED PROPERTY IN THE FCT

Landed properties can be acquired through: direct allocation of land, purchase of land or building from the property market, deed of assignment, irrevocable power of attorney, deed of lease and deed of mortgage.

3. EFFORTS OF THE ANTI-CORRUPTION AGENCIES

       •   Economic and Financial Crime Commission (EFCC) -  In the last two years, the EFCC has stepped up its commitment to enduring that proceeds of crime are seized and forfeited.

       •   The Independent Corrupt Practices and Other Related Offences Commission (ICPC) - ICPC was for time been moribund, but it was recently reinvigorated with the appointment of a young and dynamic intellectual as its new chairman.

 •   The Recovery of Public Property Panel (RPPP) - The Panel has not started publicizing its activities whereas the Act makes provisions for interim forfeiture of assets.

4. GAPS IN THE LEGAL AND INSTITUTIONAL FRAMEWORK

The identifiable gaps highlighted are:

        • There is Lack of Anti-Corruption Consciousness in the fight for corruption.

        • Lack of information about Beneficial Ownership.

        • Fixation of Revenue generation

        • Inaccessibility of Official Record of Land Titles 

        • Lack of Inter-Agency Co-Operation i.e. no synergy in their operations

        • Use of Companies to Acquire Property: Issue of Beneficial Ownership Information

5: RECOMMENDATIONS

Steps identified to remedy the loop holes that makes it easy for corrupt persons to use proceeds of crime to acquire parcels of land and houses in the FCT are:

       • Greater use of Policies and Regulations.

       • The governing registration law should be reform.

       • Beneficial Ownership Information for AGIS

       • Beneficial Ownership Information for CAC

       • Training and Re-orientation should be given to public officers working in the area of land registration

       • Revenue Generation should be de-emphasized

       • Land Records should be readily accessible

       • Lack of Inter-Agency Co-Operation

       • Relaxation of Conditions for search of Land Records

 

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