Introduction
Illegal eviction in Nigeria is a significant concern for tenants, often involving force or unauthorised police involvement. This article aims to empower individuals with knowledge about their rights as tenants and the proper legal processes to Protect themselves against illegal eviction effectively.
Understanding Tenancy
Overview of Tenancy Types
Tenancy in Nigeria encompasses both leases and tenancy strictu sensu, governed by the Recovery of Premises Act. The former refers to ant agreement which lends out property for a period exceeding three years while the latter is an agreement for shorter periods.
Key Elements of Tenancy
Tenancy involves leasing property for a specified duration, with the landlord renting out the property to the tenant for an agreed sum. Certainty regarding the parties involved and the duration of the tenancy is crucial for both its commencement and termination. This clarity establishes when the tenancy begins and ends, which is essential for safeguarding tenants against illegal eviction in Nigeria. Without a clear agreement on these aspects, the tenancy relationship cannot be considered valid. Thus, a fixed timeframe is necessary to clearly define the start and end dates of the tenancy, ensuring proper protection against illegal eviction.
Determination of Tenancy
In tenancy arrangements, timing is very important as will be highlighted shortly. The importance of certainty of time in tenancy arrangement is not just so that the tenant knows when to pay his rent or for the landlord to know when to expect a credit alert but rather for the purpose of determining the tenancy. Determination of a tenancy agreement is the process by which parties to the agreement bring such an agreement to an end. This is usually done by issuing the requisite notices to the other party by the party determining the tenancy.
The Legal Eviction Process
Issuance of Notice to Quit
In order to legally evict a tenant from a premise for either a breach of a fundamental term or any other reason, it is imperative for the landlord to ensure he complies with the statutory requirements. The laws mandates that the landlord gives the tenant a Notice to Quit. This Notice to Quit might be in compliance with the agreed period contained in the tenancy agreement; if there is none, then the statutory period as contained in Section 8 of the Recovery of Premises Act is implemented. Where the Tenancy is for a fixed period of time, at the expiration of the time, the tenancy is automatically determined. However, most courts still mandate that for equity’s sake, the prescribed Notice to Quit (In these circumstances, it is usually Seven Days’ Notice) be issued to the tenant.
Owner’s Intention to Recover Possession
After the tenancy has been properly determined, the next step for the Landlord to take is to issue an Owner’s Intention to Recover Possession. This notice is the last call on the tenant to evict the property, failure to adhere to same, legal action will be instituted against the tenant. The notice of owner’s intention to recover possession is often a seven days’ notice also intended to express the landlord’s intention to collect the demised premises from the Tenant.
Upholding Due Process and Justice
It must be noted that just because the statutory notices have been issued does not automatically vest the landlord with the powers to resort to self help or force to evict or remove a tenant from his property; the law must be allowed to run its full course. It is important to recollect the wise words espoused by Justice Oputa (JSC) that “justice is a three-way street. Justice for the victim. Justice for the accused, and justice for the society”, is equally apposite to the issue of lawful eviction. There must be justice for the landlord, tenant and society. There is a need to protect the tenant from tyrannic and draconian landlords. Thus, only when the statutory notices have been issued does the landlord have a right to maintain and institute an action in Court, Section 10 of the Recovery of Premises Act.
This system is one of the mediums of protecting the tenant as created by law. Therefore, it is only the Court that has the power to evict a tenant from a property, after it has passed judgment either at the end of trial or by way of consent judgment of parties, by way of the enforcement unit of the High Court.
The Challenge of Illegal Evictions: Understanding the Risks
Urbanization and Landlord-Tenant Dynamics:
As stated in the introduction, urbanisation and population growth fuel the real estate sector, so too do the complexities of landlord-tenant relationships. Conflict is inevitable any human interaction, and the court system exists to resolve disputes and enforce legal rulings. However, the often-lamented slow pace of the Nigerian legal system can discourage some from seeking judicial solutions. This reality however, does not justify landlords resorting to self-help tactics to evict tenants.
A particularly troubling form of self-help involves the misuse of law enforcement. It’s crucial to emphasize that the police and other security agencies have no authority to evict tenants. Their role is to uphold the law, as interpreted by the courts. Eviction is a civil matter, and the police involvement in eviction without a crime being committed constitutes both illegality and a violation of tenants rights. Tenants subjected to such unlawful evictions can sue. both the landlord and the police for trespass.
Misuse of Law Enforcement:
Reports abound of powerful or influential members of the society leveraging security personnel on their payroll to intimidate tenants. Mr. Yusufu (not his real name) narrates how he was thrown out of his property by men of the Nigerian police on the behest of his landlord, a top ranking government official. Mr. Yusufu was forced to watch his property thrown out on the street by these security agents, whose function is to maintain law and order, while the said landlord watched with amusement. Similarly, Mr. Adam (alias) endured assault and even detention by armed police men on the whim of a landlord seeking to “teach him a lesson.”
These are just a few examples of the psychological and emotional toll illegal evictions can inflict. Beyond the loss of property, tenants face public humiliation and a diminishment of their sense of self-worth. In extreme cases, such experiences can lead to depression and even suicidal thoughts. The use of force by landlords disregards the fundamental value of human life.
Respecting Tenants Rights and Due Process
Regardless of the tenant’s behavior, the law is clear, firstly, the tenant is a human being and entitled to dignity of his person. Furthermore, the property will always belong to the landlord since same is an immovable structure, the tenant cannot run away with it. Therefore, it is far safer to ensure compliance with the laid down provision of eviction. At the risk of repetition, the only time a police officer or any security or law enforcement agent may be allowed to interfere with an eviction process is when it is being effected upon a court order, or there has been a commission of an offence upon the premises.
Protecting Yourself
- Get a Written Tenancy Agreement: This document clarifies your rights and protects you from illegal eviction in Nigeria.
- Know Your Rights: Familiarize yourself with the legal eviction process in Nigeria.
- Pay Rent on Time: Consistent rent payments strengthen your position as a tenant.
- Communicate Openly: Discuss any payment delays with your landlord to avoid conflict.
- Seek Legal Help: If facing illegal eviction, consult a lawyer for guidance on your options.
Conclusion
This article underscores the importance of upholding the rule of law, respecting tenants’ rights, and advocating for a just and stable society. It emphasizes adherence to legal procedures to prevent illegal eviction in Nigeria and encourages support for organisations like AWJAI working to safeguard against unlawful practices.
JEDIDIAH F. AKPATA, ESQ.
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