Registration of Instruments in the Federal Capital Territory, Abuja

Description

ABSTRACT

Registration of Instruments in the Federal Capital Territory, Abuja

Olayimika Olasewere*

Olayimika Olasewere gives a practical guide of registration of instruments in Abuja. In year 2003, the Federal Government of Nigeria embarked on a programme of computerisation of the Cadastral and Land Registry System of the Federal Capital Territory (FCT), Abuja. This led to the creation of an agency known as Abuja Geographic Information Systems (AGIS).₁ AGIS was established as a computerised Geospatial data infrastructure and a one stop shop covering all land matters for the FCT including land acquisition and all land related revenue for FCT. AGIS is now responsible for preparation and issuance of Certificates of Occupancy and other instruments evidencing title in addition to land allocation.

AREA COUNCILS AND LAND ADMINISTRATION
Geographically, the FCT is comprised of 6 Area Councils.₂ It is a legal requirement for grants of Right of Occupancy by Area Councils to be taken to AGIS for recertification before any transaction can be conducted/concluded on the land. The requirements for recertification are the presentation of the original Right of Occupancy and payment of the prescribed fees.₃ Currently, in AGIS, no transactions are being carried out on Rights of Occupancy granted by the Area Councils; the only transactions being conducted in AGIS are Rights of Occupancy granted by the Federal Capital Territory Authority (FCTA).₄ Section 1(3) FCT Act provides as follows:

The area contained in the capital Territory shall, as from the commencement of this Act, cease to be a portion of the states concerned and shall henceforth be governed and administered by or under the control of the Government of the Federation to the exclusion of any other person or authority whatsoever and the ownership of the lands comprised in the Federal Capital Territory shall likewise vest absolutely in the Government of the Federation.

In a suit filed by the Incorporated Trustees of Chikakore Layout Landlords Association, Kubwa and 2 Ors (for themselves and on behalf of other allottees of Chikakore (Byazhin Layout Kubwa, Abuja) v the Hon. Minister FCT, Federal Capital Development Administration (FCDA) and the Bwari Area Council praying the court to stop the revocation of their plots,₅ Justice Yusuf Halilu of the Abuja High Court in his Judgment of 5th February 2014 held that Area Councils in the FCT have no authority to allocate land.

It is also clear from the position of the FCT Act that all lands in the FCT vests absolutely on the Federal Government of Nigeria, who through the FCT Minister, grants right of occupancy to residents.

* Partner, SPA Ajibade & Co, Legal Practitioners, Lagos

1. <www.abujagis.com>
2. Abuja Municipal Area Council, Abaji Area Council, Gwagwalada Area Council, Kuje Area Council, Bwari Area Council and Kwali Area Council
3. The Federal Housing Authority (FHA) also allocates Lands and Housing in Abuja
4. Interview with Mr. Sule Haruna, Customer Service Officer, AGIS who was of immense assistance
5. FCT/HC/CV/2907/13

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.7 NO.4