The Kogi State House of Assembly has commenced the process of overhauling the state's tenancy laws with a public hearing on a bill designed to protect tenants from arbitrary rent increases, unlawful evictions and exploitation by landlords and property agents.
The proposed legislation seeks to repeal the "Rent Control and Recovery of Residential Premises Law, 2007", and replace it with a new Kogi State Tenancy Law, 2027, aimed at reflecting present-day economic realities and strengthening the rights and responsibilities of landlords, tenants and property agents.
Our Kogi State Correspondent, reports that the bill, sponsored by the member representing Ankpa I State Constituency, Hon. Lawal Akus, comes amid widespread complaints over escalating house rents and excessive agency charges across the state, particularly in the face of Nigeria's worsening economic hardship.
Speaking at the public hearing, Hon. Akus said the proposed law was conceived to establish a fair, transparent and balanced legal framework governing tenancy relationships in Kogi State.
According to him, the legislation seeks to address arbitrary rent increases, unlawful evictions, excessive charges by property agents, prolonged tenancy disputes, abuse by both landlords and tenants, and delays in the administration of justice.
"This public hearing represents our modest but significant effort at promoting participatory democracy by ensuring that stakeholders and members of the public contribute meaningfully to the law-making process," he said.
Akus noted that while landlords deserve legitimate returns on their investments, tenants equally deserve protection from exploitation.
"The relationship between landlords and tenants is an important aspect of our social and economic existence. Unfortunately, experience has shown that this relationship is often characterised by numerous challenges.
"Against this backdrop, I was motivated to sponsor this Bill to provide a comprehensive legal regime that safeguards the interests of both landlords and tenants while promoting harmony, certainty and access to justice in tenancy matters across Kogi State."
He added that increasing urbanisation across the state had intensified housing challenges, making a comprehensive tenancy law imperative.
According to the lawmaker, the proposed legislation will clearly define the rights and obligations of landlords, tenants and property agents, regulate tenancy agreements, establish lawful procedures for recovery of premises, prohibit unlawful evictions and harassment, provide effective dispute resolution mechanisms, promote transparency in tenancy transactions and foster peaceful coexistence among stakeholders.
He assured participants that every memorandum and recommendation submitted during the hearing would receive careful legislative consideration.
"Legislation is most effective when it is participatory, inclusive and responsive to the needs of the people it is intended to serve. Every contribution made here today will enrich the final law," Akus stated.
Call for Fairer Housing Policy
In his memorandum, Jibril Onoru-Oiza Abu described the bill as timely, arguing that current economic realities demand a modern tenancy law that balances the interests of landlords and tenants.
He stressed that while landlords deserve reasonable returns on their investments, rent increases should be tied to improvements in housing conditions rather than merely public infrastructure projects.
"Property ownership is not charity, but rights of ownership are not rights of excess," he said.
"A landlord who has not maintained minimum housing standards should not lawfully impose major rent increases. No one should profit from neglect."
Abu also advocated linking rent reviews to compliance with statutory obligations such as payment of ground rent.
"Benefit must follow responsibility. A landlord should not ignore statutory obligations while transferring every financial burden to tenants."
He recommended that the law should:
* Limit advance rent to one year.
* License and regulate property agents.
* Cap agency and legal fees at 10 per cent of annual rent.
* Prohibit rental bidding that drives up house rents.
* Criminalise unlawful self-help evictions.
* Make written tenancy agreements compulsory for tenancies exceeding six months.
* Introduce mandatory tenant identity verification for security purposes.
* Establish a specialised Tenancy Tribunal to ensure speedy resolution of disputes.
"Housing must not become an auction house where the highest bidder automatically secures accommodation. Shelter is a necessity, not a luxury."
He added:"This Bill is not anti-landlord. It is pro-order, pro-investment, pro-security and pro-human dignity. If we get this law right, we will restore fairness, improve security, reduce exploitation and strengthen public confidence."
### Ministry of Justice Seeks Amendments
The Acting Assistant Director of Legal Drafting in the Kogi State Ministry of Justice, Olowolaiyemo Ehitayo, proposed several amendments to strengthen the bill.
She recommended expanding the definition of accommodation to expressly include residential premises, reviewing the functions of the proposed board and transferring its chairmanship from the Directorate of Civil Litigation to the Directorate of Citizens' Rights.
She noted that other technical observations had been formally submitted to the House Committee through the ministry's memorandum.
### Housing Ministry Wants Greater Representation
The Commissioner for Housing and Urban Development, Taiye Abanika, described the bill as a timely intervention in view of the alarming increase in house rents across the state.
According to him, the legislation aligns with the present administration's efforts to reduce the hardship faced by residents arising from arbitrary rent increases.
"The bill has come at the right time. Rent increases have become a major concern, and this legislation will go a long way in reducing the hardship currently experienced by many residents."
Abanika, however, faulted the composition of the proposed Rent Control and Tenancy Board, arguing that the Ministry of Housing was unfairly excluded despite its central role in housing policy.
"A Rent Control Board with no representation from the Ministry of Housing and Urban Development, while allocating four of nine seats to the Ministry of Justice, is simply unacceptable."
He argued that tenancy regulation is fundamentally a housing issue requiring technical expertise in housing economics, building standards, urban development and habitability.
"Tenancy law is about 70 per cent housing policy and 30 per cent legal dispute resolution. Questions relating to fair rent, housing standards and building compliance are housing matters."
The commissioner also argued that the Governor, rather than the Attorney-General, should possess the constitutional authority to appoint and reconstitute members of the board.
"The Attorney-General is the Chief Law Officer of the state, not the Chief Executive. Appointment powers constitutionally reside with the Governor."
### Magistrates Warn Against Unconstitutional Provisions
Speaking on behalf of the Magistrates Association of Nigeria (MAN), Kogi State Chapter, Chief Magistrate II Ibrahim Denja Eleson called for careful review of sections that could conflict with the 1999 Constitution.
He warned against granting the proposed Rent Control Task Force powers to seal properties without court orders.
"No citizen should have his property sealed without being heard by a court of competent jurisdiction. Such provisions risk being declared unconstitutional."
Eleson also opposed making recourse to the proposed board a mandatory condition before approaching the courts.
"Any provision preventing aggrieved persons from directly accessing the courts violates their constitutional right to seek redress."
### Estate Surveyors Advocate Balanced Regulation
The Chairman of the Nigeria Institution of Estate Surveyors and Valuers (NIESV), Kogi State Branch, John Eniwaiye, also presented recommendations aimed at improving the legislation.
He urged lawmakers to strike a balance between protecting tenants from exploitation and safeguarding legitimate investments by property owners.
Eniwaiye said the Assembly had a unique opportunity to enact a tenancy law that reflects present economic realities while promoting fairness, transparency and stability in the state's housing sector.
At the end of the hearing, stakeholders broadly agreed that while the proposed bill requires further refinement, its passage would significantly improve landlord-tenant relations, reduce housing disputes and establish a more equitable tenancy system in Kogi State.
The House Committee assured participants that all memoranda and recommendations submitted during the public hearing would be carefully reviewed before the bill proceeds to the next stage of legislative consideration.
Copyright: Fresh Angle International (www.freshangleng.com)
ISSN 2354 - 4104
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