PDP WILL NEVER RULE LAGOS - RILWAN AKIOLU, OBA OF LAGOS

The Oba of Lagos, Rilwan Akiolu, has said the Peoples Democratic Party,PDP, will never produce a governor in Lagos, Nigeria’s commercial capital.

The state of over nine million people has consistently been ruled by the opposition since the return of democracy to the country in 1999.

The PDP has however intensify its plan to win over the state from the the All Progressives Congress in the forthcoming elections.

But speaking as the chief launcher of the autobiography of the former President of the Court of Appeal, Mustapha Akanbi, at the Sheraton Hotel in Abuja on Wednesday, Mr. Akiolu said Lagos would continue to be under the ruling All Progressive Congress, APC.

“Recently, I told Bode George, (Musiliu) Koro and (Adeseye) Ogunlewe that “Look at me o! You will never win Lagos. God will give us another APC governor”.

The monarch, who elicited a lot of excitement from the audience, also stated that he became the Oba of Lagos through divine intervention and that he did not spend a dime.

” After I was retired, some justices of the Supreme court, including Belgore, Uwais and Akanbi came to me and told me that they intend to go and see the president, but I told them with due respect that, that is where God wants me to be.

“One of them, Wali held my hand, and prayed, saying that within one year, you will see what God will do in your life, and exactly a year later, my father, the late Oba, joined his ancestors.
” Governor Tinubu came and said don’t give anyone any money to be Oba, if it is yours, it will surely come and that is how I became the Oba, even though President (Olusegun) Obasanjo was against me,” the Oba said.

Mr. Obasanjo, who was also seated at the high table with the monarch, simply laughed.

AbekeOlabode

GEJ SPEAKS ON LAGOS CHOICE FOR PDP!

EXCERPTS FROM BODE GEORGE'S INTERVIEW ON LAGOS CHOICE:

The president said politics is like the military, you read and follow the body language of your superiors and follow, he said he didn’t have any preferred candidate, but if there is one name that is reverberating all over the place, including the other side, that kind of person will also be his own preferred candidate!
I will answer it exactly the way the president answered his own when he came to visit us in Lagos. I think it was Senator Bucknor-Akerele who asked the same pertinent question. She said to the president: ‘Mr President, I am told that you have a preferred candidate.

’ President Jonathan said, ‘no, I don’t have any preferred candidate. But everywhere I went, I heard one name, to my left, right, centre and even back.’ He also said that some of his friends outside were mentioning the same name. In this game, all members of the party, as a leader, are your children. But, I come from a profession that, when you look at your boss, you don’t start creating your own wakes. Politics and military operation are similar although they are not completely the same. You watch the wakes of your oga and you fall in line.

The president said he didn’t have any preferred candidate, but if there is one name that is reverberating all over the place, including the other side, that kind of person will also be his own preferred candidate. Because it is a lot of money to get the forms for the aspirants. He said they should tarry and be careful and that they should go into serious retrospection and do a deep-seated thinking not to waste their money. As a naval officer, I will say don’t swim against the tide, that is putting it in a milder form. He said they should try and work together. For me, that was purely advisory. The voice of your Papa, when he is advising you, must not be thrown into the dustbin. Listen to the voice of your leader and elders. I told many of them, this game is not just about us alone doing election; it has a link all the way; even Saturday ward congresses, will have an effect on the national election. So, the first step is very important and you watch your leaderm like we say in politics. The leaders are also having meetings with the aspirants, those that we can convince. Let’s reduce the number because N12 million is a big money and is non-refundable. President Jonathan said he would still come back and see how best we are able to manage the reduction of the aspirants.

Tribuneng

LAGOS GENERATES N120 BILLION IN SIX MONTHS!

The Lagos State Internal Revenue Service (LIRS) on Thursday said it generated more than N120 billion from taxation between January and June this year.

The Executive Chairman of the service, Mr Tunde Fowler, told the News Agency of Nigeria (NAN) in Lagos that 90 per cent of the taxes were generated from the organised private sector and civil servants.

Fowler said that the remaining 10 per cent came from the informal sector, mostly market women, artisans, commercial drivers and taxable individuals in the state.

He said the state had relied on the Internally Generated Revenue (IGR) to implement its budget following the dwindling statutory allocations.

The chairman said the increase in the IGR to N237 billion in 2013 from N15 billion in 1999 were the fallouts of sustained mobilisation and tax education in the state.

LAGOS 2015 - JIMI AGBAJE DECLARES FOR PDP!

Perennial Lagos governorship hopeful, Mr JIMI AGBAJE, has declared his interest in the Lagos 2015 guber race on the platform of PDP after his tour to all 57 Local councils in state. We wait to see how this pans out with the perceived interest shown by another notable war horse, Minister Musiliu Obanikoro. East or West, the Lagos battle is always a 3D action packed movie.

 Fashola's endorsement of Hamzat -

http://www.lamzat.com/2014/07/gov-fashola-endorses-hamzat-as-successor.html

Ganiyu Solomon's declaration:
 http://www.lamzat.com/2014/07/hon-ganiyu-solomon-poised-for-lagos-2015.html

Dr Femi Hamzat, Ambode, Hon Ganiyu Solomon and the Lagos state speaker, are amongst the top contenders on the APC platform as at press time. Pressure groups in Lagos are rooting for a Christian governor even if he is from sambisa forest! That shows the level of the passion for a Christian governor in Lagos. May God give Lagos the best candidate irrespective of the religion.

BATTLE RESUMES OVER LATE OJUKWU'S PROPERTIES!

The legal battle over the landed properties belonging to Ojukwu Transport Limited, OTL, in Lagos State has taken another dimension as the directors of the company have threatened to drag Lagos State government to court over its alleged role in the lease of one of the properties in Ikoyi, Lagos which is now a subject of a major dispute in the Ojukwu family.


The OTL was founded by the late Sir LP Odumegwu Ojukwu, father of the former Biafran warlord, Dim Chukwuemeka Odumegwu Ojukwu, to manage the assets he acquired in Lagos State and other parts of the country.

Several cases had been instituted in court by the directors over the controversial leasing of the properties by the late Ikemba Nnewi with a view to recovering them or have the rent reviewed.

Besides, the directors alleged that rent running into millions of naira from the properties in Lagos were being collected by Ojukwu’s widow, who is currently Nigeria’s Ambassador to Spain, Mrs. Bianca Ojukwu, through an estate management firm engaged by her late spouse without remitting same to the company.

Mrs. Ojukwu is party to most of the cases now pending in court over the landed properties.

The threat by the Ojukwu family to sue Lagos State government, Sunday Vanguard learnt, is as a result of the discovery in a lease agreement that an unnamed Lagos State Commissioner signed the document approving the lease between OTL and an investment firm Diplomat Investment Limited on behalf of the state governor.

“The purported approval in 2008 by the Lagos State Commissioner on behalf of the governor is being scrutinized and legal action is being considered,” said a member of the Ojukwu family, who explained that 13 Ojora Rd, Ikoyi which is also 13 Alexander was the last residence the late Sir Louis Odumegwu Ojukwu in Lagos.

The directors said the property never belonged to the late Ikemba and was not willed to him by their late father, stressing that the N5 million rent per annum on the property was a big joke as “the going rate for the location and size of such property is N60m to N100m or more.”

SUSPECTED ARMED ROBBERS ON PARADE IN LAGOS.

Suspected armed robbers on parade in Lagos.

+The Punch Newspapers 

HOW LAGOS SCAMMED WORLD BANK WITH BRT SCHEME!

Recently, the World Bank released N100m to refurbish some vehicles, but only about N50m is billed to be spent. LAMATA is taking the rest.”Beyond that, sources said that part of the money generated by the buses daily ended up in the pockets of some individuals.

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‘Genesis of the crisis’
A source said the company started operations by hiring more workers than it required. She added that many of the employees of the company got in by nepotism and not by individual merit, describing this as the “genesis of the problem.” She said, “The company employed more than the number of workers required. Some of the people that were employed didn’t even know the venue of the interview, yet they got their appointment letters.

Allegations of stealing

However, sources said that efforts by stakeholders to get the scheme back on track had failed.

One of such stakeholders is the World Bank, which has been supporting the scheme with funds. But according to a source, LAMATA has illegally been taking cuts from funds from the World Bank that are meant to improve the scheme.

The source said the fund from the World Bank was to take care of infrastructure and refurbish some buses.

The source said, “But LAMATA has been taking part of these funds even before they get to the BFS. Recently, the World Bank released N100m to refurbish some vehicles, but only about N50m is billed to be spent. LAMATA is taking the rest.”

Beyond that, sources said that part of the money generated by the buses daily ended up in the pockets of some individuals.

For instance, apart from the scheme’s scheduled operation along the Igando/Iyana-Ipaja/Ikotun/Ikeja corridor, it also undertakes charter rides.

The source added, “Every Sunday, our buses are chartered at N20,000 each by the Living Faith Church in Ota, Ogun State, and sometimes Deeper Life Church, along the Lagos-Ibadan Expressway, but only part of the money is remitted to the company account.”

The source recalled that on December 15, 2013, the company made N400,000 from its charter service to the Living Faith Church. But that only N200,000 was recorded in the company’s account as being income from the charter service.

The source continued, “I remember the one of December 15, 2013 very well because I wrote down the date. From the N400,000, the management split the money and said that N200,000 should be put in the account. That was not the only time. There were similar situations that I didn’t write down.

Read more in the punchng

OMG: ABIKE DABIRI UNSETTLES LAGOS 2015 GOV EQUATION!

As the current governor, Barrister Babatunde Raji Fashola, (SAN), rounds up his tenure next year, most Nigerians are anxious to know who will succeed him, eventually. Already, some personalities have openly or covertly declared their gubernatorial aspirations. 

Notable among them are; Muiz Banire, Ganiyu Solomon, Gbenga Ashafa, Tunde Fowler, Akin Ambode, Femi Hamzat, Ayo Gbeleyi, Leke Pitan and some others. At a point, the name of Senator Oluremi Tinubu, the wife of Asiwaju Ahmed Tinubu, the national leader of the All Progressives Congress, APC, was mentioned as being the likely successor to Fashola. But the rumour died a natural death when the party leaders debunked the claim.

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The latest entrant into the race is Honourable Abike Kafayat Oluwatoyin Dabiri-Erewa.
Although, the plot to install Abike as the next governor of Lagos State is still in its embryonic stage, the subject is already being discussed in hushed tones by many party members and notable Nigerians. Ironically though, it is gathered that Abike has no ambition to contest for the Lagos gubernatorial seat. But her backers and supporters are determined to get her to build the interest and buy into the idea. In the estimation of this group of people, Fashola never wanted to become a governor. He was actually begged to contest for the race. So, this same history is likely to repeat itself in Dabiri-Erewa's case.

Sources disclosed to The ELITES that the APC leadership is bent on proving that it is gender sensitive, and is desirous on trying what no other party has tried before. It is gathered that the party leadership is intent on producing a world class material as a governor in 2015. This candidate is expected to improve on the legacy, which has been set by the Fashola's administration, a foundation which was laid by Asiwaju Bola Ahmed Tinubu. It is a well-known fact that Fashola has raised the bar, in terms of service and his style of governance. Lagos, after Fashola needs a governor who is very dynamic and who will think outside the box. And having gone through the list of top candidates for the job, the party leadership discovered that most of the candidates, jostling to contest for the Lagos guber seat are men, who have acquired so much over the years and are now seeking for power, at the executive level. And in their quest to realise their ambition, most of the male candidates are ready to tear themselves apart.

Meanwhile, it is also gathered that if the choice of Dabiri-Erewa is rejected, the party leadership will resort to a Plan B. The main agenda on this plan is to install her as the deputy governor of Lagos State in the coming election.

-ABEKE OLABODE

THE LEGAL ROMANCE BETWEEN LANDLORD AND TENANT IN LAGOS STATE!

In a layman's language, tenants enjoy a prime position in Lagos state. The law protects the tenant. It is always a tortuous process for the landlord to recover premises from an incalcitrant tenant. The judicial process is thorny but at the end of the day, the chicken will always come home to roost, the landlord will eventually recover his premises. The intention of the draughtsmen is not to unduly punish the landlord, but to ensure and stop the menace of illegal eviction, hitherto rampant in Lagos state. Landlords can no longer resort to self help, you must abide by the full judicial process or you will be liable in damages for illegal eviction.

One of the most contentious issues in Lagos and Port Harcourt cum the sprawling urban cities in Nigeria is the issue of Landlord and Tenant and the hydra headed problem of recovery of  possession of premises. In this post, with the support of the the lawyers chronicle magazine, we will attempt to break down the nitty gritty of the law, using the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003 as our reference point, although the process is virtually similar in all commonwealth jurisdictions.

Before the procedure laid down in the Recovery of Premises Laws can be invoked, two factual conditions must be satisfied:

I. There must be in existence some “premises” as defined by law. Section 36 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003 defines premises to include, “a house or building or any part thereof together with its gardens or other appurtenances”

II. The landlord-tenant relationship must be established. However, in Ihenacho’s case, it was held that the landlord must still comply with the procedure laid down in the law even if there is no landlord-tenant relationship; provided the person sought to be evicted is in lawful occupation.

Notice to Quit

A landlord seeking to recover possession of his premises before the expiration of the tenancy (effluxion of time) is obliged to issue a notice to quit. The notice stipulates a period within which the tenant must quit possession of the premises. The period of notice given will usually depend on the agreement between the parties. In the absence of any agreement, the period of notice will be determined by statute. For instance, Section 8 of Recovery of Premises Act, Cap 544, LFN (Abuja) 1990, provides that in the absence of express agreement to the contrary, the period of notice to be given by either party shall be as follows:

1. Tenancy at will or weekly tenancy – a week’s notice
2. Monthly tenancy- a month’s notice
3. Quarterly tenancy- a quarter’s notice
4. Yearly tenancy- half a year’s notice.

Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient. The nature of tenancy shall in the absence of any evidence to the contrary be determined by reference to the mode of payment and demand for rents.

The notice to quit must be issued by the landlord himself or by an authorised agent or Solicitor. Such agent or Solicitor must be authorised in writing. The following may be regarded as essentials of a valid notice to quit:

1. The name of the landlord or his agent
2. The name of the tenant
3. The nature of the tenancy.
4. The date the tenant should quit and deliver up possession. This may be an exact date or some ascertainable date from the date of service of the notice. It should be noted that it is the date of service and not the date on the notice that is material. Thus, the statutory length of the notice must be complete between service and the expected date of expiry. Also, where the situation requires a month’s notice, it must be one calendar month and if it is a yearly tenancy, it must be six calendar months and no less.

Notice of owner’s Intention to Recover Possession

This notice is also known as 7 days notice. On the expiration of the notice to quit or the determination of the interest of the tenant, if the tenant or any person actually in possession of the premises or any part thereof neglects or refuses to quit and deliver up possession of the premises or any part thereof, the landlord or his agent may cause the written notice of the owner’s intention to proceed to recover possession to be served on the tenant. The date must not be less than 7 days- Section 13 of the Rent Control and Recovery of Residential Premises Law of Lagos State, 2003. In calculating the 7 days, it must be 7 clear days; the day of service must be excluded but the day of expiry must be included. Take note that the notice of intention cannot be issued and served before the expiry of the notice to quit or effluxion of time. Hence, the reference to the landlord as owner underscores the determination of the tenancy and the cessation of a landlord-tenant relationship.

Writ or Plaint against Tenant or Person Refusing to Deliver up Possession

On the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a writ or enter a plaint against the tenant or such other person neglecting to refusing to deliver up possession- Section 16(1) of Rent Control Law of Lagos and S. 10 Recovery of Premises Act, Abuja.

The court or tribunal to which the landlord may apply for the writ is one that has jurisdiction in the district or division where the premises is lying and situated. In jurisdictions like Lagos and Abuja, Magistrate Courts have jurisdiction to sit as tribunals.

Facts that must be stated in the Writ or Plaint:

1. The fact that the Plaintiff is entitled to possession of the premises in question.
2. Short but accurate description of the premises including address of same.
3. The nature of tenancy and the rent payable, if any.
4. The date of expiration or determination of the tenancy, if by notice.
5. The fact of service of a notice of intention to apply to recover possession, the date and mode of such service. The duplicate copy of notice of owner’s intention to recover possession is required and should be annexed to the writ or plaint.
6. The fact that in spite of the service, the tenant still has neglected or refused to give up possession of the said premises.
7. The claim may comprise of possession, arrears of rents and mesne profits. Arrears of rents are those rents owed by the tenant prior to the determination of the tenancy while mesne profits are monies payable for use and occupation of premises as a result of holding over by the tenant after due determination of the term of tenancy. The amount payable as mesne profits is governed either by the rate paid as rent or by the actual market value of the premises.

Service of Processes

Service of any notice and other processes under the Rent Control and Recovery of Residential Premises Law is to be effected in accordance with the Rules operating in the Magistrate Court. That is; personal service but where personal service is not possible, a copy of the process shall be pasted on some conspicuous part of the premises sought to be recovered and such pasting shall be deemed good service on the Defendant. However, it is advisable to seek leave of court when the writ is to be served through substituted means.

It is worthy to note that where a tenant carried out improvements on the premises and such improvements have not been exhausted before the landlord terminates the term of the tenancy, he is entitled to counter claim for the unexpired value of such improvements. However, such improvements must be done with consent in writing of the landlord.

Except the tenancy expires naturally, a landlord seeking to recover possession of his premises is obliged to follow the procedure discussed above. He cannot force or throw out the tenant. Due process must be followed; otherwise the whole exercise will be a nullity. The period of notice given usually depends on the agreement between the parties, but in the absence of any agreement, the period of notice will be determined by statute.

THE LAW IN DETAIL:

General Application

1. Application of Law

(1) This Law shall apply to all premises within Lagos State, including business and residential premises unless otherwise specified

(2) This Law shall not apply to :

(a) residential premises owned or operated by an educational institution for its staff and students;

(b) residential premises provided for emergency shelter;

(c ) Residential premises

(i) in a care or hospice facility;

(ii) in a public or private hospital or a mental health facility; and

(d) that is made available in the course of providing rehabilitative or therapeutic treatment.

2. Jurisdiction of the Courts

(1) A Court shall have jurisdiction on application made to it by a landlord or tenant or any interested person to determine matters in respect of the tenancy of any premises let before or after the commencement of this Law.

(2) The jurisdiction of a Court shall not be ousted by the defendant or respondent setting up the title of any other party.

(3) Proceedings may be brought under this Law at the High Court or at the Magistrates’ Court in the division or the Magisterial District in which the subject matter giving rise to the proceedings is located.

(4) Subject to the provision of this Law, a Court shall be bound by the practice and procedure in civil matters in the Magistrates’ Court or the High Court of Lagos State.

3. Tenancy Agreement

For the purposes of this Law, a tenancy agreement shall be deemed to exist where premises are granted by the landlord to a person for value whether or not it is

(a) express or implied;

(b) oral or in writing or partly oral or partly written; or

(c) for a fixed period.

4. Advance Rent

(1) It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of three (3) months in respect of any premises.

(2) It shall be unlawful for a sitting tenant to offer or pay rent in excess of three (3) months in respect of any premises.

(3) Any person who receives or pay rent in excess of what is prescribed in this section shall be guilty of an offence and shall be liable to a fine of one hundred thousand naira (N100,000.00) or to three (3) months imprisonment or any other non-custodial disposition.

5. Rent payment receipt

(1) As from the commencement of this Law, all landlords of premises shall upon payment of rent by the tenants, be obliged to issue a rent payment receipt to their tenants in respect of such payments.

(2) The receipt shall state the

(a) Date of which rent was received;

(b) Name of the landlord and the tenant;

(c) Location of premises in respect of which the rent is paid

(d) Amount of rent paid; and

(e) Period to which the payment relates.

(4) Any landlord who fails to issue a rent payment receipt to his tenant as prescribed under this Section, shall be liable to a fine of ten thousand Naira (N10,000.00) payable to the Court.

RIGHTS AND OBLICATIONS OF LANDLORD AND TENANT

6. Rights of the parties

(1) The tenant’s entitlement to quiet and peaceable enjoyment includes the right to:

(a) reasonable privacy;

(b) freedom from unreasonable disturbance;

(c) Exclusive possession of the premises, subject to the landlord’s restricted right of inspection and

(d) the use of common areas for reasonable and lawful purposes.

(2) Where a tenant with the previous consent in writing of the landlord, effects improvements on the premises and the landlord determines the tenancy, such a tenancy shall be entitled to claim compensation for the effect improvements on quitting the premises.

6. Obligations of the Tenant

Subject to any provision to the contrary in the agreement between the parties, the tenant shall be obliged to do the following:

(1) Pay the rents at the times and in the manner stated.

(2) Pay all existing and future rates and charges not applicable to the landlord by law.

(3) Keep the premises in good and tenantable repair, reasonable wear and tear excepted.

(4) Permit the landlord and his agents during the tenancy at all reasonable hours in the day time by written notice, to view the condition of the premises and to effect repairs in necessary parts of the building.

(5) Not to make any alterations or additions to the premises without the written consent of the landlord.

(6) Not to assign or sublet any part of the premises without the written consent of the landlord.

(7) Notify the landlord where structural or substantial damage has occurred to any part of the premises as soon as practicable.

7. Obligations of the Landlord

8. Subject to any provision to the contrary in the agreement between the parties, the landlord shall be obliged to do the following:

(1) Not to disturb the tenant’s quiet and peaceable enjoyment of the premises.

(2) Pay all rates and charges as stipulated by law.

(3) Keep the premises insured against loss or damage.

(4) Not to terminate or restrict a common facility or service for the use of the premises.

(5) Not to seize or interfere with the tenant’s access to his personal property.

(6) Effect repairs and maintain the external and common parts of the premises.

9. Obligations of landlord regarding business premises only

Subject to any provision to the contrary in the agreement between the parties, a business premises agreement shall be taken to provide that where the landlord

(a) inhibits the access of the tenant to the premises in any substantial manner;

(b) takes any action that would substantially alter or inhibit the flow of the customers, clients or other persons using the tenant’s business premises;

(c) causes or fails to make reasonable efforts to prevent or remove any disruption to trading or use within the business premises which results in loss of profits to the tenant;

(d) fails to have rectify as soon as practicable, any breakdown of plant or equipment under his care and maintenance which results in loss of profits to the tenant; or

(e) fails to maintain or repaint the exterior or the common parts of the building or buildings of which the premises is comprised and after being given notice in writing by the tenant requiring him to rectify the matter, does not do so within such time as is reasonably practicable, the landlord, is liable to pay to the tenant such reasonable compensation as shall be determined by the Court, where the tenant effects the repairs or maintenance.

10. Service Charge, Facilities and Security Deposits

In any case where the landlord or his agent may in addition to rent require the tenant or licensee to pay:

(a) a security deposit to cover damage and repairs to the premises;

(b) for services and facilities for the premises; or

(c) service charges in flats or units that retain common parts on the premises, the landlord or his agent shall issue a separate receipt to the tenant for payments received the such tenant shall be entitled to a written account at least every six (6) months from the landlord of how moneys paid were disbursed.

11. Provision for re-entry

Subject to

(a) any provision to the contrary in the agreement between the parties; and

(b) the service of process in accordance with the relevant provisions of the Law, upon the breach or non-observance of any of the conditions or covenants in respect of the premises, the landlord shall have the right to institute proceedings for an order to re-enter and determine the tenancy.

12. Length of Notice

(1) Where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply

(a) a week’s notice for a tenant at will;

(b) one (1) month’s notice for a monthly tenant;

(c) three (3) month’s notice for a quarterly tenant;

(d) three (3) month’s notice for a half-yearly tenant; and

(e) six (6) months notice for a yearly tenant.

(2) In the case of monthly tenant, where he is in arrears of rent for three (3) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord.

(3) In the case of a quarterly or half-yearly tenant, where he is in arrears of rent for six (6) months, the tenancy shall be determined and the Court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord.

(4) Notice of tenants under subsection (1) ( ), (d) and (e) of this Section need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy.

(5) In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to Court to recover possession, he shall serve a seven (7) days written notice of his intention to apply to recover possession as in Form “TL4” in the Schedule of this Law.

(6) The nature of a tenancy shall, in the absence of any evidence to the contrary, be determined by reference to the time when the rent is paid or demanded.

13. Notice to Licensee

Where a person is a licensee and upon the expiration or withdrawal of his licence, he refuses or neglects to give up possession he shall be entitled to service of a seven (7) days notice of the owner’s intention to apply to recover possession as in Form “TL4” in the Schedule to this Law.

14. Notice required for abandoned premises

(1) A premises will be deemed to be abandoned where the

(a) tenancy has expired; and

(b) tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises.

(2) Following subsection (1) above, the landlord shall

(a) issue a seven (7) days notice of the landlord’s intention to recover possession as prescribed in Form “TL4”, which shall be served by pasting the notice on the abandoned premises; and

(b) apply to the court for an order for possession and an order to force open the premises.

15. Tenant refusing or neglecting to give up possession

As soon as the term or interest of any premises has been determined by a written notice to quit as in Form “TL2” or “TL3”, in the Schedule this his Law and the tenant neglects or refuses to quit and deliver up possession of the premises or any part of it, the Landlord or his agent may cause the tenant to be served with written notice as in Form “TL4”, signed by the Landlord or his agent, of the landlord’s intention to proceed to recover possession, stating the grounds and particulars of the claim, on a date not less than seven (7) days from the date of the notice.

16. Service of Notices

(1) Notices referred to under Sections 12-15 of this Law shall be by proper service as prescribed under Section 17 and 18.

(2) Proper service shall be service in such a manner that it can be established to the satisfaction of the court that the person to be served will have knowledge of any of the notices.

17. Service of Notices for Residential Premises

Proper service on a tenant of residential premises shall be personal service, which includes but is not limited to the following

(a) service on the tenant in person

(b) delivery to any adult residing at the premises to be recovered

(c) by courier where the tenant cannot be found, by delivering same at the premises sought to be recovered and the courier shall provide proof of delivery; or

(d) affixing the notice on a prominent part of the premises to be recovered and providing corroborative proof of service.

18. Service of Notices for Business Premises

Proper service on a tenant of a business premises shall be by

(a) delivery to a person at the business premises sought to be recovered; or

(b) affixing the notice on a prominent part of the premises to be recovered and providing corroborative proof of service.

19. Duty to notify other persons in occupation

Where the tenant is a person other than an individual (including a corporate entity), the landlord shall ensure proper service of all notices required under this Law on the tenant:

Provided that the failure of the tenant to notify any other person in occupation shall not affect the proceedings to recover possession.

20. Persons in unlawful occupation

Where a person claims possession of premises which he alleges is occupied solely by a person in unlawful occupation, the proceedings for recovery of the premises shall be by the summary procedure contained in the Civil Procedure Rules of the relevant court.

21. Service of process

Service of any summons, warrant or other process shall be effected in accordance with the provisions of the law for the time being in force relating to the service of the civil process of Magistrates’ Court or the High Court of Lagos State.

22. Use of Forms

Subject to the provisions of this Law, the forms contained in the Schedule to this Law, may be used in the cases to which they apply and when so used, shall be sufficient in Law.

23. Institution of proceedings to recover possession

Upon the expiration of the time stated in the notice as in Form “TL4”, if the tenant neglects or refuses to quit and deliver up possession, the landlord may file a claim by way of summons as in Form “TL6” for recovery of possession, either against the tenant or against such person so neglecting or refusing, in the Magisterial District or High Court Division where the premises is situated.

24. Grounds for Possession

(1) Unless the agreement expressly stipulates otherwise, the Court shall have power to make an order for possession upon proof of any of the following grounds -

(a) arrears of rent;

(b) breach of any covenant or agreement;

(c) where the premises is reasonably required by the landlord for personal use; and

(d) where the premises requires substantial repair.

(2) Notwithstanding any agreement between the parties, the Court shall have power to make an order for possession upon proof of any of the following grounds:

(a) the premises is being used for immoral or illegal purposes;

(b) the premises has been abandoned;

(c) the premises is unsafe and unsound as to constitute a danger to human life or property; or

(d) the tenant or any person residing or lodging with him or being his sub-tenant constitutes by conduct, an act of intolerable nuisance or induces a breach of a tenancy agreement.

25. Recovery of possession for a fixed term certain

Where –

(a) a tenancy is proved to be for a fixed term certain;

(b) the period of the tenancy has expired by effluxion of time; and

(c) Form “TL4” has been served in accordance with Section 12(5) of this Law, the landlord shall be entitled to recovery of the premises.

26. Trial

(1) In any matter under this Law, relating to any fact required to be proved at the trial of any action, evidence may be by written deposition or oral examination of witnesses in open court.

(2) All agreed documents or other exhibits shall be tendered from the bar or by the party where he is not represented by a legal practitioner.

(3) The oral examination of a witness during his evidence-in-chief may belimited to confirming his written deposition and tendering in evidence all disputed documents or other exhibits.

(4) Where the tenant does not enter any defence and the landlord can prove-

(a) that the defendant is still neglecting or refusing to deliver up the premises;

(b) the annual rental value of the premises;

(c) the nature of the tenancy or holding;

(d) the expiration or other determination of the tenancy within the time and manner stipulated by law;

(e) the title of the landlord, if such has accrued since the letting of the premises; and

(f) the service of the summons or writ if the defendant does not appear,

the court may make an order as in Form “TL7” for possession of the premises mentioned either immediately or on or before such time as the Court may direct, subject however, to a limit of six (6) months after the date the order is made.

(5) Subject to the provisions of Section 12 (2) and (3), the court shall, in making an order for possession of premises, have regard to all circumstances of the case including where appropriate, the question as to whether other premises are available for the landlord or the tenant.

(6) If the claimant named in the summons or writ fails to obtain an order under subsection (1) of this Section, the defendant may be awarded such costs as the Court may direct.

27. Payment of arrears of rent

(1) Where there is any matter for determination before a Court under this Law, and the tenant admits the arrears of rent or a portion of the rent, the Court may order the tenant to pay such arrears of rent before the Court proceeds with the matter.

(2) Where arrears of rent are claimed for the use and occupation of the premises, the claim shall show the rate at which such sum is claimed, and where it is proved, judgment shall be entered for the amount so proved.

28. Court as Receiver of refused rent

(1) In any proceedings under this law, where a landlord refuses to accept the current rent from a tenant, the tenant may, upon application, to the satisfaction of the Court, pay such rent to the Court’s Registry.

(2) The Landlord in such a case shall, upon application to the satisfaction of the Court, be entitled to collect the refused rent from the Court, subject to the deduction of a sum equal to ten percent (10%) of the refused rent to be retained by the Court.

29. Arbitration

(1) A valid agreement to arbitrate shall be upheld and shall be enforceable in the Court and an arbitration clause or agreement in a tenancy or lease agreement shall not be construed as an ouster of the court’s jurisdiction.

(2) In the absence of any agreement to the contrary or where the parties cannot agree on the appointment of an arbitrator or tribunal, the Court on receipt of a written application by any of the parties, shall act as the appointing authority, upon payment of the prescribed fees.

(3) An arbitration award shall be enforceable as a judgement or order of the Court upon registration.

(4) Application to enforce awards shall be made to the Court.

(5) An arbitration award in any matter covered by this Law must be registered within one (1) month of the date of the award.

30. Landlord may claim for mesne profits or for use and occupation of premises

Where mesne profits or a sum for the use and occupation of the premises are claimed the claim shall show the rate at which such sum is claimed, and where it is proved, judgment shall be entered for the amount so proved.

FAST TRACK PROVISIONS FOR THE MAGISTRATES’ COURT

The provision in Section 31 to 38 shall apply to proceedings in the Magisterates’ Court.

31. Mediation

(1) In proceedings under this Law, the Court shall promote reconciliation, mediation and amicable settlement between the parties.

(2) A Magistrate may refer proceedings in relation to any action, part of or any matter arising out of the action to mediation at a Citizens’ Mediation Centre established under the Citizens’ Mediation Centre Law to be dealth with in accordance with the Rules of Court.

(3) Referrals to mediation under the provisions of subsection (2) of this Section shall not to require the consent of the parties to the proceedings.

(4) The mediator shall submit the mediation agreement to the Court for endorsement for performance and enforcement within three (3) days after execution by the parties.

32. Claims against person in unlawful occupation

Where, in a possession claim against persons in unlawful occupation, the claimant does not know the name of the person in occupation of the premises, the claim shall be brought against “persons unknown” in addition to any other description available.

33. Claims supported by written depositions

Where in accordance with Section 26 of this Law, the claimant intends to rely

on a written deposition, he may at the time of filing the claim but not later than five (5) days thereafter, file witness statements, exhibits and other relevant documents.

34. Defence supported by written depositions

Where in accordance with Section 26 of this Law, the defendant intends to rely on a written deposition, he may at the time of filiing the defence but not later than (5) days thereafter, file witness statements exhibits and other relevant documents.

35. Service on persons in unlawful occupation

(1) Where in a possession claim against trespassers, the claim has been issued against “persons unknown”, the claim, particulars of claim, any witness statements, exhibits and any other relevant document shall be deemed seved on those persons by –

(a) attaching copies of the claim form, particulars of claim and any other relevant document to the main door or some other part of the land so that they are clearly visible;

(b) if practicable, inserting copies of those documents in a sealed transparent envelope addressed to “the occupiers” through the door or gate of the premises or letter box if there is one; or

(c) placing stakes in the land in places where they are clearly visible and attaching to each stake copies of the claim form, particulars of claim and any other relevant document in a sealed transparent envelope addressed to “the occupiers”

36. Defendant not defending claim

Where the claim is based on documentary evidence and the defendant does

not file a defence or appear at the trial and does not defend the claim, the Magistrate shall be entitled to adjudicate upon the claim in chambers but shall give judgment in open Court.

37. Unreasonable increase of Rent

(1) Subject to any agreement to the contrary, an existing tenant may apply to the Court for an order declaring that the increase in rent payable under a tenancy agreement is unreasonable.

(2) In determining whether an increase in the rent is unreasonable, the Court shall consider –

(a) the general level of rents for comparable premises in the locality or a similar locality;

(b) evidence of witnesses of the parties; and

(c) any special circumstances relating to the premises in question or any other relevant matter.

38. Application to set aside or vary judgement of Court

Any judgement by default under this Law shall be final and remain valid and may only be set aside upon application to the Magistrate on ground of fraud, non-service or lack of jurisdiction upon such terms as the court may deem fit.

WARRANT FOR POSSESSION

39. Warrant for possession may be issued at any time

Where a landlord is entitled to possession of any premises, the Court may issue a warrant for possession, notwithstanding that the counterclaim is undetermined or unsatisfied.

40. Form and purpose of warrant for possession

A warrant for possession shall entitle the landlord to be put in possession of the premises to which the warrant relates and the certificate of execution shall be as in Form “TL10”.

41. Duration of Warrant

Notwithstanding any provision in any other Law, every warrant for possession shall bear the date after the day mentioned in the order for possession of the premises in question and shall be in force for three (3) months from such date:

Provided that a warrant may be renewed every three (3) months but shall not exceed three (3) renewals.

42. Warrant for possession justifies entry on premises

Any warranty to give possession of the premises to the person named in the warrant or to whom it may be directed, shall justify entry to him such assistance as he shall deem necessary and be given possession accordingly:

Provided that no entry upon such warrant shall be made on a Sunday or public holiday.

43. Enforcement of order of Court

At the expiration of the time ordered by the Court, if an order of possession of the Court is not obeyed, the Court at the instance of the landlord shall, where such order can be proved to have been served on the tenant, issue a warrant for possession, and if the order is that possession of the premises be given up by the tenant to the landlord, the Court shall immediately at the instance and at the cost of the landlord, issue a warrant for possession of the landlord.

OFFENCES AND PENALTIES

44. Offences and penalties

(1) Subject to the provisions of any Law –

(a) any person who demolishes, alters or modifies a building to which this law applies with a view to ejecting a tenant and without the approval of the Court; or

(b) any person who in respect of any premises –

(i) attempts to forcibly eject or forcibly ejects a tenant;

(ii) threatens or molests a tenant by action or words, with a view to ejecting such tenant; or

(iii) wilfully damages any premises,

shall be guilty of an offence and is liable to a fine of up to two hundred and fifty thousand Naira (N250,000:00) or up to six (6) months imprisonment and any other non-custodial disposition.

(2) A Court shall have power to punish forcontempt in the face of the couert but may in other cases order the arrest and bring before it, any person suspected of having committed contempt of court and such a person shall as soon as practicable be brought to trial before a Court of law.

(3) Following subsection (2) of this Section, any person who –

(a) resists, molests, assaults, or in any way obstructs any officer of the Court or any other person from carrying out an order of the Court to serve any process or execute a warrant for possession; or

(b) has been put out of possession, by virtue of a warrant for possession, and unlawfully retakes possession of the premises after possession has been given to the landlord,

shall be charged with contempt and is liable to a fine of up to two hundred and fifty thousand Naira (N250,000:00) or up to six (6) months imprisonment and any other non-custodial disposition.

(4) (a) Any landlord who obtains an order for possession of any

premises under this Law by intentionally providing false

information shall be guilty of an offence and liable under

Criminal Law.

(b) Any tenant who deprives the landlord of any premises under this Law by intentionally providing false information shall be guilty of offence and liable under the Criminal Law.

(c) Without prejudice to any criminal proceedings, where -

(i) any landlord has obtained an order of possession of premises under this Law and upon an application made by summons by the tenant, the court is satisfied that such order was obtained by intentionally providing false information; the court shall order the landlord to pay reasonable compensation to such tenant; and

(ii) the tenant has deprived the landlord of premises under this Law and upon an application made by summons by the landlord, the court is satisfied that the landlord was so deprived by the tenant intentionally providing false information; the court shall order the tenant to pay reasonable compensation to such landlord.

45. Appeals

(1) A party to any proceedings in the Magistrrates’s Court may appeal from the decisions of the Magistrates’ Court to the High Court in accordance with the provisions of the Magistrates’ Court Law.

(2) A party to any proceedings in the High Court may appeal in accordance with the provisions of the Constitution.

MISCELLANEOUS PROVISIONS

46. Regulations and procedure

The Governor may, as required, make regulations for the procedure through which matters relating to the conduct of proceedings shall be carried out.

47. Interpretation

In this Law, unless the context otherwise requires

“agents” means any person usually employed by the landlord in the letting or leasing of the premises or in the collecting of the rents, or a person specially authroised to act in a particular manner by writing under the hand of the landlord;

“business premises” except where it is expressly stated otherwise by this Law, includes premises used wholly or I part for non-residential purposes, such as, places let out for business, shops, offices, shopping malls, sporting facilities, events centres, lodgings, gaming houses, clubs and club houses, religious worship, institutions and voluntary services structures amongst others;

“Commissioner” means Commissioner for Justice, Lagos State;

“common area” means any part of the premises the use of which is jointly shared by tenants or by a landlord and one or more tenants;

“Court” means the High Court and Magistrates’ Court of Lagos State but specifically excludes the Customary Court;

“current rent” means the subsisting rent;

“functions” includes powers and duties;

“Governor” means the Governor of Lagos State;

“interested person” includes any person claiming through the landlord or the tenant or who ahs an interest in the proceedings;

“landlord” in relation to any premises means the person entitled to the immediate reversion of the premises or if the property is held I joint tenancy or tenancy in common, any of the persons entitled to the immediate reversion and includes:

(a) the attorney, solicitor, agent or caretaker of any such landlord;

(b) any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any premises in respect of which he claims a right to receive the same; or

(c ) a former landlord where the context so requires;

“licensee” means a person who comes into occupation by mere permission, without the creation of a landlord and tenant relationship and has no estate or legal interest in the premises;

“mesne profits” means the rents and profits which a tenant who holds over or a trespasser might have received during his occupation of the premises and which he is liable to pay as compensation to the person entitled to possession;

“persons in unlawful occupation” means any person or corporate body who:

(a) enters into occupation through the tenant or remains in any residential or business premises without the consent of the landlord; or

(b) enters into or remains in occupation of the premises after an order for possession against a tenant without the consent of the landlord;

“premises” except where it is expressly stated otherwise by this Law, includes premises used for business, residential and non-residential purposes;

“prescribed” means prescribed by this Law or schedule or rules or regulations or orders;

“proceedings” includes any proceedings instituted in court in respect of this law;

“rents” includes any consideration or money paid or agreed to be paid or value or a right given or agreed to be given or part of any crop rendered or any equivalent given in kind or in labour, in consideration of which a landlord has permitted any person to use and occupy any land, premises, or other corporeal hereditament, and the use of common areas but does not include any charge for serves or facilities provided in addition for the occupation of the premises;

“rules” means the rules for the time being in force relating to the practice and procedure of the courts in the exercise of their respective civil jurisdiction made under the law by which such courts were established or any law amending same;

“services or facilities” include any of the following that are provided or agreed to be provided by the landlord to the tenant of premises; appliances and furnishings, cleaning and maintenance services, parking spaces, cable, television and dish services, laundry services, storage facilities, elevator, common recreational facilities, intercom systems and security surveillance, housekeeping facilities, security services and waste removal services;

“sitting tenant” mean a tenant in lawful occupation in accordance with this Law;

“state” means Lagos state;

“substantial repair” means any work required to remedy anything which threatens the structure or renders the premises inhabitable, creates an intolerable nuisance or could be construed as a brech of the landlord’s covenant in the headlease;

“sub-tenant” means a person who occupies premises or a portion of the premises previously occupied by a tenant which has been sublet to the sub-tenant by virtue of the written constant of the landlord;

“tenant” includes a sub-tenant or any person occupying any premises whether by payment of rent howsoever or by operation of law and not persons unlawfully occupying any premises under a bonafide claim to be the owner;

“tenancy” means holding or interest in land or property by a tenant under a tenancy agreement;

“tenancy agreement” means an agreement whether written or oral, express or implied between a landlord and a tenant regarding possession of premises and use of common areas and includes leases and sub-leases.