The Environmental Defenders Network (EDEN) has urged the National Assembly to expunge sections of the Land Use Act that grant governors limitless powers to revoke and expropriate lands at will, insisting that practical examples have shown them to be inhibitors of development.
EDEN made this demand at the just-concluded zonal public hearing on the proposed alteration to the provisions of the Constitution of the Federal Republic of Nigeria 1999.
The environmental advocates in a statement signed by its Media Manager, Elvira Jordan, also called for the enforcement of environment protection to serve as pivotal support for life and livelihoods, citizens’ participation in the budget and the need for independent electoral bodies, among others.
In a memorandum to the House of Representatives Committee on the Review of the 1999 Constitution, the group said going by the Land Use Act, there was an overreach by the governors, insisting that Sections 21, 26 and 28 of the Act be expunged.
The group hinged its position on feedback from professionals, private property developers and the organised private sector that have always fingered the section as the greatest disincentive to real estate development and the growth of the real estate sector of the nation's economy.
It also said one of the most contentious sections of the Act is the Governor’s consent and the issuance of the Certificate of Occupancy (C of O), which is required as collateral for obtaining loans from financial institutions.
It recommended instead that Nigerians be allowed to use their land resources for economic empowerment without the interference of any Governor or Chairman.
The memorandum also frowned at Sections 47 and 30 of the Act, which denies courts the jurisdiction to hear and determine the amount or adequacy of compensation by making the Land Use and Allocation Committee the only arbiter on appeal.
The group also called for the establishment of environmental courts in every jurisdiction of the States and Federal High Courts in Nigeria for the sole purpose of quick and efficient determination of environmental protection cases.
It equally wants every organ and institution of the Federal Republic of Nigeria to recognise and guarantee the Rights of Nature to maintain her vital cycles and provide services for all species as a means of halting reckless exploitation and damaging of ecosystems.