HURIWA Condemns Alleged Arbitrary Property Seizures Under Land Use Act
Property Rights Debate Deepens as HURIWA Criticises Land Seizures
The Human Rights Writers Association of Nigeria (HURIWA) has criticised what it describes as arbitrary property seizures carried out under the Land Use Act, warning that such actions undermine constitutional property rights, investor confidence and the rule of law. The rights group called on government authorities to strictly adhere to due process in land administration, arguing that land revocations and property acquisitions must comply with the provisions of the Constitution and the Land Use Act.
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The organisation's concerns follow recent disputes over land revocations and property seizures linked to the enforcement of ground rent obligations in the Federal Capital Territory (FCT). HURIWA maintains that while governments have statutory powers to manage land, those powers must be exercised lawfully, transparently and in the overriding public interest.
HURIWA Questions Use of Land Use Act
According to HURIWA, the Land Use Act does not grant government unrestricted authority to seize privately owned property without following established legal procedures.
The group argued that revocation of a statutory right of occupancy must satisfy the conditions stipulated under the Land Use Act, including the requirement that such action be taken only for overriding public interest and in accordance with due process. It also stressed that affected property owners are entitled to notice and the opportunity to seek legal redress where appropriate.
Property Rights Protected by the Constitution
HURIWA further referenced Section 44 of the 1999 Constitution, which guarantees the right to own immovable property and provides that compulsory acquisition of property must follow lawful procedures and, where applicable, include compensation.
The organisation warned that arbitrary revocations or seizures could weaken confidence in Nigeria's land administration system and discourage investment in the real estate sector. It urged public authorities to ensure that enforcement actions remain consistent with constitutional safeguards and statutory provisions.
Implications for the Real Estate Sector
Industry stakeholders have consistently identified secure property rights and transparent land governance as critical factors for attracting investment into Nigeria's housing and real estate market.
Uncertainty surrounding land ownership or administrative actions affecting property can increase investment risk, delay development projects and raise financing costs. Analysts note that predictable land administration systems are essential for expanding housing supply and strengthening investor confidence.
Calls for Greater Transparency
HURIWA called on relevant government institutions to review enforcement practices to ensure compliance with existing laws and to avoid actions that could infringe on citizens' property rights.
The group also urged authorities to strengthen transparency, accountability and legal certainty in land administration, maintaining that disputes over land should be resolved through established legal processes rather than unilateral enforcement measures.
Outlook
The renewed debate over the application of the Land Use Act highlights the continuing importance of balancing government authority with the protection of private property rights. As Nigeria seeks to attract greater investment into housing and urban development, experts say transparent land administration, due process and legal certainty will remain fundamental to building confidence among property owners, developers and investors.
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