CAN A FOREIGNER ACQUIRE LAND IN NIGERIA?

Land is one of the most valuable and profitable investments all over the world. Countries all over the world have different rules, laws and regulation guiding possession or ownership of land. Many states, however, restrict foreigners’ ownership of land. Those who by status are classified as foreigners are not allowed to have the same right to own land as citizens, while in some countries foreigners are not restricted to own land, they have the same rights as the citizen of the country. In Nigeria, the land use act of 1978 guides and regulate all land matters and possession to Land in the country which vest all the land in a state to the Governor of the state and any transaction and instrument under which an alien purports to acquire any interest or right over any land which has not been duly approved in accordance with provisions of the Acquisition of Lands by Alien Law (ALAL) shall be null and void and of no legal effect.

The Acquisition of Lands by Alien Law (ALAL) of Lagos, states that:

No alien shall acquire any interest or right in or over land from a native of Nigeria unless the transaction under which the interest or right is acquired has been previously approved in writing by the Governor.

It also provides that; where any such interest or right has been lawfully acquired by an alien, that interest or right shall not be transferred, alienated, demised or otherwise disposed of to any other alien, or be sold to any other alien under any process of law, without prior approval in writing by the Governor.

Furthermore, the act provides that; any agreement and any instrument in writing or under seal by or under which an alien purports to acquire any interest or right in or over any land (other than an interest or right acquired pursuant to the provisions of this Law and regulations or orders made thereunder) and which forms part of or gives effect to a transaction that has not been duly approved in accordance with the provisions of this Law shall be void and of no effect.

WHAT ARE THE PENALTY OF AN ALIEN ACQUIRING UNLAWFUL OCCUPATION OF LAND.

It has been duly stated by the act that It shall be unlawful for any alien or for any person claiming under an alien to occupy any land belonging to a Nigerian unless the right of the alien to occupy or authorize the occupation of the Land Is evidenced by an instrument which has received the approval of Governor.

Any alien who is in unlawful occupation of land belonging to a Nigerian shall be guilty of an offence and liable on summary conviction to a fine of twenty thousand naira or imprisonment for twelve months.

HOW CAN A FOREIGNER APPLY FOR THE GOVERNORS WRITTEN APPROVAL

Any person wishing to obtain approval of a transaction as required by the Acquisition of Lands by Aliens Law shall submit to the State Commissioner to whom responsibility for land matters is assigned (hereinafter in these regulations referred to as “the Commissioner”), application in the form set out in the First Schedule of the acquisition of land by alien regulation.

The applicant shall, before submitting his application, pay into the sub-treasury the appropriate fee and shall deliver or send with his application the treasury receipt obtained by him for the sum so paid.

Upon the procurement of the Governor’s written approval, parties may go on to evidence the transaction by executing a registrable instrument.
The interest or right to be acquired shall not be greater than a term of (25) twenty-five years, including any option to renew.
The Governor has the discretion to waive or modify the conditions stated above, include the condition concerning the term of years to be granted.

For foreigners to acquire land in Nigeria, they need the services of a lawyer. For more information on this post or any other please contact ibejulekkilawyer@gmail.com or call 08034869295.