Deed Of Assignment As A Means Of Transfer Of Real Property In Nigeria, Issues, Challenges And Prospects

Deed Of Assignment As A Means Of Transfer Of Real Property In Nigeria, Issues, Challenges And Prospects

ABSTRACT

 

Acquisition of real property in Nigeria is a right enshrined under the constitution of Nigeria 1999 (as amended). Transaction in land formed part of the economic sector of the country. Transfer of interest in land or acquisition of real property can be through state grant, gift, purchase (conveyance), inheritance (probate) and allotment of family land. Of all these means of acquisition real property in Nigeria only purchase and gift are demanded to be by deed. This factor gravel affects the titles acquired by customary grant, probate, state grant and allotment of family land. As a legal requirement transfer of interest in land must with up with the requirement of governor‟s consent o the state were the land is situated or the local government authority within jurisdiction. The law also requires payment of stamp duties and the registration of the instrument (deed of assignment). Deed of assignment is the instrument that transfers interest in land from one party of another. The instrument contains the date, parties and terms of sale. It must be executed by the two parties and attested by witnesses. The law specifically requires that a deed must be signed, sealed and delivered for it to be valid. Transfer of interest in land is governed by many laws which differ from state to state of the federation. There are also various steps to be taken in the registration of title deed. This renders the transaction difficult and cumbersome. This research examined the means of acquiring real property in Nigeria, deed of assignment in particular and the challenges pose by the bureaucracy in the registration of title deed. The way forward has been proffered such as harmonization of conveyancing laws in Nigeria, review of the Land Use Act to make the requirement of governor‟s consent unnecessary, reducing the time frame within which to register title deeds, reduction of fees payable for the registration of title deed and the such other similar problems.

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ETHNO-RELIGIOUS CONFLICTS AND THE INTERNALLY DISPLACED PERSONs

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ABSTRACT

 

Nigeria as an Independent state with different ethnic and religious groups over the years experienced a number of ethno-religious conflicts which have claimed lives and properties. The consequence of this is the displacement of many inhabitants which are referred to as Internally Displaced Persons (IDP’s). The affected persons are denied certain constitutional rights as enshrined in the Constitution of the Federal republic of Nigeria 1999 (as amended) and other international legal instruments which are aim at protecting their rights. It is to this extent that this work examined the causes of ethno- religious conflicts vis-à-vis the laws that seeks to protect the rights of victims of such conflicts. The study also examined the role of Government and Non-governmental agencies in the protection of the rights of victims of ethno-religious conflict whether such role is moral or legal? Data were collected through questionnaire and interviews and later the data were analyzed. The findings are that in Nigeria today there is no certained law dealing with the problem of internally displaced persons. Our recommendation is  that with the foundation laid down by the Kampala convention and the general principles of issues relating to IDP’s, the stage is set for Nigeria to hasten the process of enacting its laws or adopting the kampala convention as a national law

CHAPTER ONE GENERAL INTRODUCTION

Background to the Research

 

Ethnicity and religion have become powerful factors of mobilization for violence leading up to the destruction of lives and properties, displacement of whole communities and especially in Kaduna State and Nigeria as a whole.

In Kaduna State, there have been conflicts leading to loss of lives and destruction of properties at KasuwanMagani in 1980, Kaduna metropolis in 1982, Gure/Kahugu in 1986, Kafanchan in 1987, Kaduna City again in 1992, Kafanchan in 1999 and Kaduna, KachiaandBirninGwari in February 2000. Also, in 2007 at ZangonKataf Local Government and lastly the election violence of 2011in many parts of Kaduna State which have 3 religious and ethno-centric colorations. The causative factors that culminated into ethno-religious crises in Kaduna State include struggle for power, religious differences, political party disputes and economic imbalance.1

Other Factors Include:

    • High level of poverty and unemployment,
    • Government reliance on repressive measures which later erupt on a more serious scale.
    • Government failure to promote social welfare, social security, social justice and equity.
    • Government structure is    anchored   on    patronage    and   social    exclusionthrough discriminatory policies and actions resulting in mistrust and

1International Crisis Group, African Report No 168- at page 10, 20t,h December, 2010

      • Poor threat analysis, ineffective and inefficient intelligence information by security agencies and relevant government
      • Lack of seriousness in the implementation of the report of panels and commission of enquiries‟ recommendations and their manipulation‟s.

 

In Northern Nigeria, we are faced with a more devastating situation, some communities, ethnic and religious group that have enjoyed peaceful coexistence have been pitched against one another as enemies. This enmity hasoften times degenerated to a situation where whole communities are sacked, burnt down, and property worth billions of Naira have been lost or destroyed in the process.

 

In Kaduna State alone, during the 1987 crisis, hundreds of lives were lost, while police assessed damage to properties at seventy-eight million, five hundred and thirty- seven thousand thirty- eight naira (N78,537,038).2

On 6th February, 1992, more clashes occurred which according to official report resulted in the death of 95 persons and 252 others injured, while 133 houses and 26 farmlands were destroyed.3 Also in May, 2000 ethno-religious crisis eventually engulfed, Kaduna, Zaria, Ikara and ZangonKataf local governments. According to official report 471 persons were killed, 518 persons were injured and 229 houses and 218 vehicles were destroyed.4

In 1999 and 2000 violence erupted as a result of introduction of Sharia in ZamfaraState. Followed by Kaduna State, fighting lasted for four days in the State with death of about

2 Okoye F., “The Impact of Religious and Ethnic Conflicts on Women and Children in Northern Nigeria”.

:             Publication Human Rights monitor (2000)

3New Nigeria news paper 20th July, 1992 at page 10

      1. R. I. Doi, Lslam in Nigeria (Zaira, Nigeria: Gaskiya Corporation, 1964), 210

4Police investigation Report on Kaduna Sharia Religious Crisis of February 2000

 

1,800 people and about 5,100 people were injured.5

 

Recurrent incidences in ethno-religious violence have taken a severe toll in the region especially in Kaduna State. All the conflicts have led to significant population displacement affecting children, women and the aged. Also, properties worth more than N40b(forty billionnaira) were destroyed.

 

Furthermore, in 2011, there was incidence of ethno-religious violence which permeates the political scene in Nigeria; this resulted in the loss of lives which mostly affected children, women and the aged. Similarly, places of worship, homes, schools and even hospitals were destroyed.6

Also the incessant insurgency by the group called Jama‟ataulSunnahWal- Jama‟aa.k.aBoko Haram (Western Education is illegal or prohibited) devastated the Northeastern part of the country i.eBorno, Yobe, Adamawa, Gombe and Bauchi States. Many more other states such as Kaduna, Kano, and Abuja were not left out in the attacks which had claimed the lives of many people and their properties.

 

This research work, intends to confront the monumental task of ensuring protection for persons forcibly uprooted from their homes by violent conflicts, gross violation of their rights and other traumatic events, but who,however,remain within the borders of their own countries. Often, they suffer from severe deprivation, hardship and discrimination

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THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE OPERATION OF DEPOSIT INSURANCE SCHEME IN NIGERIA

THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR THE OPERATION OF DEPOSIT INSURANCE SCHEME IN NIGERIA

ABSTRACT

Deposit Insurance System (DIS) has become a key component of most financial systems worldwide because of the important roles it plays in protecting depositors as well as contributing to financial system stability. Since its establishment by the Nigeria Deposit Insurance Corporation (NDIC) Decree No. 22 of 1988, the NDIC, which is charged with deposit protection mandate has remained an active safety-net player in spite of many daunting challenges. The establishment of the corporation was bore out of necessity over two  decades ago when the Federal Government conceived the idea of the implementation of the Structural Adjustment Programme (SAP) in which the deregulation of the banking system would constitute an unholden central pillar. The NDIC has been faced with numerous challenges that have hampered the effective and efficient implementation of the Deposit Insurance Scheme (DIS) in Nigeria. Thus, this research work aims at examining these challenges and to proffer sound recommendations. Firstly, the corporation is faced today with the challenge of execution of court judgement against its assets for liability of banks in liquidation. This is because courts normally regard the NDIC as a successor- in-title of failed banks. Secondly, the amount fixed as maximum deposit claim under section 20(1) of the NDIC Act, 2010 to all the classes of depositors and regardless of the amount of deposit lost by a depositor in the event of failure of a deposit-taking financial institution is not reasonable. Thirdly, the penalty provided under section 45 of the NDIC Act, 2010 for non-compliance with its provisions and failure to secure the authenticity of any statement submitted pursuant to the provision of Act is less punitive. Consequently, it is hereby recommended that the NDIC Act, 2010 should further be amended to bar courts from executing judgement against the assets of the Corporation as a result of its statutory mandate as a liquidator of failed banks. Secondly, reimbursement of deposit lost by a depositor in the event of failure of an insured deposit-taking institution should be made full as this will encourage savings. Finally, the penalty provided under section 45 of the NDIC Act, 2010 should be increased by making it more punitive so as to encourage compliance. For the purpose of this research work, the doctrinal method of research will be adopted

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LIABILITY OF STATE AGENCIES AND PUBLIC OFFICERS VIS-A-VIS SOVEREIGN IMMUNITY AND LIMITATION OF ACTIONS UNDER NIGERIAN LAW

LIABILITY OF STATE AGENCIES AND PUBLIC OFFICERS VIS-A-VIS SOVEREIGN IMMUNITY AND LIMITATION OF ACTIONS UNDER NIGERIAN LAW

Abstract:

For a long time under the common law the crown enjoyed absolute immunity against any legal proceedings. This principle originated from the philosophy of “Rex non potest pecans,” which literally means “the king can do no wrong” and this had a justification under the principle of “divine Rights of the king.” However, with the movement from the “lessie faire” philosophy of government to welfarism, it became necessary for the state to intervene frequently in the lives of the citizens. This created the ground for making inroad into crown immunity. From 1946, the Federal Tort Claims Act came into force in the United States of America and in 1947. the Crown Proceedings Act followed suit in Britain. Both legislations abolished the immunity of the State/Crown from legal proceedings instituted by citizens. Consequently, at about the same time in Nigeria the doctrine of sovereign immunity was firmly in forced, thereby making the sovereign non-liable, even for the wrongs of its servants, both tortuously and contractually. This research examined the background and development of these immunities, protections and their exceptions in Britain. United States and Nigeria. The study attempt to determine the scope of the statutory immunity and procedural defenses under statures of limitation in Nigeria, especially against the background of the 1970 and 1999 Constitutions and other relevant statutes.

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