Illegal eviction in Nigeria, a pervasive issue, is a violation of fundamental human rights. It affects not only tenants but also property owners who find their investments jeopardized. AWJAI, a dedicated advocate for social justice, sheds light on this pressing matter, emphasizing the rights of both parties and the critical role of law enforcement.
What is Illegal Eviction in Nigeria?
Illegal eviction in Nigeria occurs when a person is forcibly removed from a property without following due legal procedures outlined in Nigerian law. This applies to both residential and commercial properties. Whether you are a tenant or a property owner, understanding the legal framework is essential to protect your rights. Illegal eviction can happen through various means, including:
- Forceful Eviction: Using physical force or threats to remove the tenant, their belongings or both.
- Self-help Eviction: Changing locks, cutting off utilities, or taking any action to make the property uninhabitable for the tenant.
- Eviction without Notice: Failing to provide the required written notice before initiating eviction proceedings.
- Eviction for Unlawful Reasons: Evicting a tenant for reasons not stipulated in the tenancy agreement.
The Impact of Illegal Eviction in Nigeria
The consequences of illegal eviction in Nigeria are far-reaching:
- For Tenants: Loss of home, possessions, financial hardship, psychological trauma, and displacement.
- For Property Owners: Property damage, loss of rental income, legal battles, and reputational damage.
Illegal Eviction in Nigeria: A Criminal Act
The forceful eviction of a person from a property without a lawful court order is a criminal offense in Nigeria. The Criminal Code Act (Cap, LFN 2004) sections 451 and 452 explicitly prohibits forcible entry. These sections make it an offense to take possession of a property by force or to unlawfully prevent a tenant with a legal right to occupy the property from entering. Perpetrators, including landlords, property developers, and those acting on their behalf, are liable for prosecution. Only court bailiffs can evict a person from a property.
The Role of Law Enforcement in Illegal Eviction in Nigeria
Sadly, instances of law enforcement collusion in illegal evictions are not uncommon. This is a grave abuse of power. AWJAI is committed to holding accountable any law enforcement officer involved in such illegal activities.
Protecting Your Rights against Illegal Eviction in Nigeria
- Know Your Rights: Understand the legal procedures for eviction, including necessary notices and court orders.
- Document Everything: Maintain records of tenancy agreements, rent payments, communication, and any incidents related to the property.
- Seek Legal Advice: Consult with a lawyer to understand your options and protect your interests.
- Report Illegal Activities: If you witness or experience illegal eviction, report it to the appropriate authorities and to AWJAI.
Seeking Redress
Victims of illegal eviction have the right to seek redress in both criminal and civil courts:
- Criminal Court: Perpetrators can be prosecuted under the Criminal Code Act for forcible entry and illegal trespass.
- Civil Court: Victims can file a civil lawsuit to seek damages for any losses incurred due to illegal eviction, including financial losses and psychological trauma.
Understanding the Legal Framework
Tenancy Agreement: A valid tenancy agreement outlines the terms of the tenancy, including the duration, rent, and conditions for termination.
Notice to Quit: A landlord must typically issue a written notice to quit before initiating eviction proceedings. The required notice period varies depending on the tenancy agreement.
Court Order: Only a court order can authorize the eviction of a tenant, and this is carried out by the courts not the Landlord. To evict a tenant, property owners must follow due process through the courts.
Landlord and Tenant Act: This Act outlines the rights and obligations of both landlords and tenants.
Specific Performance: In cases of breach of contract by the tenant, property owners may seek specific performance to compel the tenant to fulfill their obligations. This also applies to individuals who purchase properties, buyers my seek specific performance from property developers and sellers.
AWJAI’s Commitment
AWJAI is at the forefront of the fight against illegal eviction. We understand the significant impact illegal eviction can have on individuals, families and the society at large. .Our efforts include:
Legal Aid: Providing free legal services to victims of illegal eviction.
Advocacy: Working for stricter consequences for law enforcement officers who are procured for illegal eviction.
Awareness Creation: Educating the public about their rights and responsibilities.
Accountability: Working to hold perpetrators and those who enable illegal evictions accountable.
Illegal eviction is a violation of fundamental human rights and property rights. Let us work together to create a society where everyone’s rights are respected. If you are facing or have experienced illegal eviction, please contact AWJAI for assistance. Your voice matters.
Note: If a lawyer is involved in illegal eviction, the Legal Practitioners Disciplinary Committee (LPDC) is there to discipline such rogue lawyers.
Remember:
- Do Not Take Matters into Your Own Hands: It’s tempting to resist an illegal action forcefully, but doing so can lead to further legal complications.
- Seek Legal Counsel: An experienced lawyer can advise you on the best course of action based on the specifics of your situation.
Don’t be a victim of illegal eviction. Know your rights, and seek help. Contact AWJAI today at AWJAI.org
By AWJAI Research Team
