Emeka Ibemere
Serious
trouble is brewing at the Ministry for Lands, Surveys and Urban Development
Abuja, Federal Capital Territory over the inability of the supervising Minister
to sign and release Certificates of Occupancy of those who acquired federal
government properties in Lagos State and Abuja.
The recent
trouble started with a planned protest rally at the Minister’s office by the
staffs who have been bitterly complaining about the working modules of the
Minister which they alleged was not in tandem with global practices in issuance
of C of O.
It was gathered
that the protest which was to be carried out on Monday 19 January, 2015, but
was botched following an appeal by the permanent secretary of the Ministry to
the protesting staffs and some developers, who allegedly acquired the lands but
have not collected their Certificate of Occupancy, running into three years
now.
Few weeks
ago, those who bought federal government lands have cried out for help in
obtaining their Certificate of Occupancy, after the documentation and payment
of their necessary fees long time ago.
Some of the
developers, Eke Philips, Mark Epe and Mr Gerald Nwosu complained that it has
not been easy for them travelling from Lagos State to Abuja, for the C/O for different
pieces of properties they acquired through the Ministry of Lands, Surveys and
Urban Development, Abuja. They claimed that the process was becoming
frustrating, especially when the Minister, Mrs. Akon Eyakenyi was doing nothing
to alleviate their sufferings.
“Actually it
is about the c/o, I have processed for two years now, when I started, I was
directed to the Glass House at the Lagos State at Tafawa Balewa, they are in
charge of the federal housing. After documentation there, our files were taken
to Abuja office of the Minister for signing and issuance of the c/o document. I
was giving information that our files are at the Minister’s office and I need
this document seriously,” Phillips stated.
“Some
people’s c/o have been signed and those ones are from Akwa Ibom State, the
Minister is from Akwa Ibom. We have tried to see if she could sign it but she
hasn’t signed it. She has trapped some people’s file there for two years, and
these developers need this document to process their businesses.”
It was
gathered that the Lagos State department of the Ministry had finalised their
own documentation and forwarded it to Abuja for signing and collection but
nothing has happened.
Phillip,
spokesman for the affected developers told Newswatch Times in Lagos State that
the Minister was only signing for the government agencies’ C of O, to the
detriment of private developers.
“We learnt
that the Minister has issued one federal government agency that has property
there their own c/o but the individual ones have been denied of their C of O because
we don’t have somebody to speak for us and that is why our own is being delayed
for two years now. The Permanent Secretary, to the Minister who was very
effective was changed because that one doesn’t delay in exercising his duties,
because he doesn’t want that one to implicate her, and she redeployed him to
another department”, Phillip stated.
The process
for obtaining the C/O of the property said to be on Aburo Hilltop Iyana Ipaja
areas of Lagos State and its environs, started two years ago and after
completing the forms and payments for the legal instrument, the Minister is yet
to issue the documents to the developers, leading to fears being expressed by
them, as whether they have been duped.
Certificate
of Occupancy is an instrument prepared at the Land Registry, signed by the
Minister, the Governor, in the case of any state of the Federation, registered
in the Land Registry and given to the holder of a Right of Occupancy in
evidence of a grant.
The Land Use
Act made provision for the issuance of a C of O over every grant. A Certificate
of Occupancy is the key document used to certify the legal use and occupancy of
a building.
The
Certificate describes how a building may be occupied, for example, a two-family
home, a parking lot, a 40-unit multiple dwelling, or a store. A Certificate of
Occupancy is often required when selling a home or refinancing a mortgage.
Survey shows
that the owners must obtain a new or amended Certificate of Occupancy for new
buildings or where construction changes the use, or occupancy to an existing
building before the building may be legally occupied.
The
Certificate of Occupancy are issued after all paper-work are completed, and all
necessary approvals have been obtained from other appropriate City agencies,
all fees owed to the Department are paid, and all relevant violations are
resolved.
Newswatch
Times gathered that all these steps have been taking by group of land developers
in Lagos State who bought lands from the Federal Ministry of Lands, Housing and
Developments for past two years, yet the ministry has withhold their C/O
without any reasons given to them. Those who have applied for C OF O land in
the federal properties in Lagos State are crying for their C/Os.
One of the
lawyers of the developers said after getting the survey plan, and the land
information from the surveyor general's office that they paid money for their
clients’ C of Os but to date they are yet to be released to them.
The lawyers added that they had submitted
their files in the Minister’s office in Abuja, which contained their structural
drawing or architectural design.
According to
the lawyers, who wouldn’t want their names mentioned for fear of victimization
of their clients said their passport photographs, tax receipts and tax
clearance certificates are in their files with their C/O registration after paying
to the land registry to cover the tax
clearance certificate.
Newswatch
Times gathered that the developers’ lawyers have paid their legal fees but two
years after the documentation of their files with the Minister they are still
waiting the minister’s consent
It was
learnt that on completion of legal fees, it takes 40 days for issuance of C/O
but under the present Minister, procuring the minister's consent for issuance
of C/O is now two years .
Attempt to
reach the Minister’s office to ascertain the true position of the allegation
was not possible and an e-mail sent to them was not replied.
In an event
in Abuja last month, Mrs. Akon pointed out, that in the last four years that
N8.1b realised by her ministry was from tender fee, ground rent, premium on
land, title registration fee, consent fee, Certificate of Occupancy(C of O),
processing fee and survey fees. Meanwhile, the Minister of Housing, Eyakenyi,
has said her ministry has continued to build thousands of housing units in
estates spread across the six geo-political zones of the country.
She said
this is, however, done in partnership with the private sector participants,
Federal Mortgage Bank of Nigeria (FMBN) and the Federal Housing Authority
(FHA).
Eyakenyi
spoke at the 2014 induction ceremony for newly registered quantity surveyors
and practicing firms as well as the third annual professional clinic on
planning, scheduling and estimating for process engineering projects in Abuja.
“My ministry’s activities in the housing
sector have recorded significant achievements. Besides the ongoing process of
providing the first 10,000 housing units under the Nigerian Mortgage Refinance
Company (NMRC) pilot scheme, the ministry has continued to build thousands of
housing units in estates spread across the six geo-political zones of the
country in partnership with the private sector, Federal Mortgage Bank of
Nigeria (FMBN) and the Federal Housing Authority (FHA).
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