THE STATUS OF LAND RECORDS SYSTEM AND ITS RELEVANCE TO INFRASTRUCTURAL DEVELOPMENT IN NIGERIA

1. THE STATUS OF LAND RECORDS SYSTEM AND ITS RELEVANCE TO INFRASTRUCTURAL DEVELOPMENT IN NIGERIA Paper presented by: Surv. C. E. Oboli (fnis) Director, Cadastral Surveys& Surv. A. O. Akpoyoware (mnis) Assistant Chief Surveyor, Office of the Surveyor General of the Federation (OSGOF) & Cadastral Survey Unit Federal Ministry of Environment Housing and Urban Development, Mabushi, Abuja-Nigeria At the 2nd Annual African Conference and Exhibition on Geospatial Information Technology and Applications “Map Africa 2007” Cape Town South Africa.

2. Outline of Presentation • Introduction • The Colonial system of Land Administration • The Present system- after the introduction of the Land Use Decree • Developments in the management of Land Administration Records • Impact of the Current Status of Land records on Land management, Infrastructure and Governance • The Future-the way forward • Problems of new developments in Land Reform • Recommendations • Conclusions

3. Land Records Introduction • Land records required basically for • publicity for a private purchaser of land • the state know land available for taxation • Spatial and attribute data facilitate planning, resource control and infrastructural development multisectorally • A review of land records and large scale maps from colonial era to the present day • Land Registration - a system for secure, efficient transfers and protection of ownership rights

4. Introduction Infrastructures are the essential elements of a country which provide the framework to support public works eg utility services, CADGIS ongoing FHMEHUD project to produce Cadastral spatial data Health Facility Power & Energy Transportation Urban Planning Registry FELIS Schools Water CADGIS provides the foundation for infrastructure development

5. Introduction –(continued) The Federal Republic with area of 923,768km2 has large scale maps coverage of less than 3% Lack of information on land affects the planning and citing of infrastructures

6. Introduction –(continued) • Land records Justification : • Facilitates land transactions • Security for the owner and others with land rights, • Stimulates investment and development; • Reduces disputes and litigations; • Engenders better land use management; • Public control and land policy measures also require land records.

7. Status Summary-Colonial system of Land Administration • Manual record keeping in use by all land related sectors in Nigeria was maintained by keeping registers and files.

8. Status Summary-Colonial system of Land Administration • Land registration began with the arrival of the Europeans - influenced by the land tenure system. • Before Land Use Act of 1978 land tenure • - Freehold system in the South • -in the north the land was held in trust by the traditional leader and given out by leasehold

9. Progress-The Present after introduction of Land Use Decree • The Land Use Decree (Act) of March 29, 1978 Chapter 202 of the Laws of the Federation of Nigeria, has divested land ownership from individuals to the Federal and State Governments. • Result • -increased demand for title registration • - need for more surveys and documentation • - land registration limited to urban areas

10. Progress-The Present after introduction of Land Use Decree • Land Registries document certain interests in land, spatial extent, encumbrances and ownership rights and data • Analogue land record system led to lack of integrity and transparency as well as trust in all transactions on land in many parts of the country • Registration confers security of tenure to the landowner and aids proper adjudication. • Land registration and management is spread between several government departments like many countries

11. Developments in Land record management • The immediate past President of the Federal Republic of Nigeria shortly after assuming office in 1999, directed the computerisation of all Federal Government lands and records. • Directives include: Compilation of personal data of applicants Storage and retrieval of cadastral information Security and control of access to confidential land information

12. Developments in Land record management • The efforts at improving the Cadastre in the country can be seen in Lagos, Kano and Enugu states as well as Abuja, FCT. Cross River state also embarked on data conversion and computerisation

13. Developments in Land record management • Lagos State launched the Electronic Document Management systems (EDMS) for improved services land registry-Most developed in the country • Abuja Geographic Information system (AGIS) set up in 2004 as a S.D.I. for Abuja, FCT & blazed the trail in electronic filing system • Ogun state in effort to overhaul the system; state governor Chief Gbenga Daniels visited Her Majesty’s Land Registry for consultation on the application of modern technology to land administration and registration systems.

14. Developments in Land record management • Office of the Surveyor General of the Federation (OSGOF) and the Cadastral Unit of the Federal Ministry of Environment, Housing and Urban Development proposed to carry out a National Cadastral and Township Mapping programme • OSGOF has an on-going exercise to revise the 1:50,000 Topographic Mapping series with a total of 1370 map sheets; when completed this will be used to update the 1:100,000 series

15. Impact of Land Records on Land management, Infrastructure and Governance • Social and economic growth and stability of any nation depends on the ability of government to manage its land resources for the benefits of its citizenry. • Lack of suitable large scale maps creates difficulty in design and implementation of infrastructures • A lot of energy, time and resources is spent on land disputes-lack of available large scale maps

16. Impact of Land Records on Land management, Infrastructure and Governance Activities on land with inadequate documentation led to poor land utilization and in some cases distortion of master plan in Abuja FCT resulting in demolition in suburbs and city centre. Honourable Minister of Environment Housing and Urban Development, Arc. Halimat T. Alao attributed current poverty situation in the country partly to the low level of land rights infrastructure Government building worth $7,936,507(USD) ≈ R55555555(ZAR)

17. Impact of Land Records on Land management, Infrastructure and Governance • Infrastructural development in the country has been piecemeal: Geo data and GIS can be used • Power Holding Company of Nigeria (PHCN) presently supplies about 3,000 megawatts as opposed to estimated requirement of 10,000 megawatts, to strategise for improved supply PHCN plans a GIS pilot project with a view to improve energy efficiency Education Critical areas of this administration’s 7-point Agenda Land Reforms Power & Energy Health

18. Impact of Land Records on Land management, Infrastructure and Governance • Land Use Act of 1978 disregarded the importance of the Surveyor and survey plans and the Registered Surveyor in Land matters. • The previous Military administration used the Land Use Act as an over-riding law on land matters by ensuring the Act was entrenched in the Constitution

19. The Future-and the way forward • Federal Ministry of Environment, Housing and Urban Development has undertaken the re-organization and computerization of the Federal Lands Registry under the Phase I of the Federal Land Information System (FELIS project) • Presently, FELIS has about 10,000 entries where over 10,000,000 are expected • FELIS database to be linked with the Zonal offices of the Ministry across the Country. FELIS capable of producing 500 C. of O. daily if survey is available.

20. The Future-and the way forward • Early in year 2006 the Ministry signed a Memorandum of Understanding (MOU) with Her Majesty’s Land Registry (HMLR) under which the British government will provide technical and financial support for improvement of land administration in Nigeria • National Technical Development Forum (NTDF) approved by the National Council on Housing and Urban Development, created in response to the need to establish national standards of land administration • African Geodetic Reference Frame (AFREF), will unify many national co-ordinate reference frames of Africa into a single frame based on the format of International Terrestrial Reference System (ITRS).

21. The Future-and the way forward • Cadastral Survey Unit has an on-going CADGIS project with consultant Sivan Design to provide spatial input required for FELIS, eventually leading to compulsory registration and e-Certificate of Occupancy

22. The Future-and the way forward • 7-point agenda initiated to reform economic development includes land reforms to ensure equitable use of nation’s land assets to be exploited through records; • The Cadastral and Township mapping program need to be given the serious attention they deserve to throw up more data at large scale on the unmapped 97% of Nigeria’s 924,768 km2 land area, by adequate financing of this vital infrastructure Wealth Creation Food Security Land Reforms Power and Energy Transport Education Security

23. Problems of new developments in Land Reform • - Illiteracy level • - Computer Competency level • -Non performing Infrastructure • Epileptic Power supply • Its effect on hardware • Lack of local maintenance outfit • Effects on other sectors-comparison with communication (GSM overstressed network) • Need to enforce guidelines for optimal performance

24. Recommendations • The contracts for the computerization of land records and registries should be guided with specifications. • States in the country need to embark upon computerisation of land records, as well as capacity building for planning and infrastructure development • Infrastructures should be designed based on existing updated/current geodata

25. Recommendations • Need for regular enlightenment campaign for the public on the importance of land records • Surveyors and geodesists should be involved in the computerization of land records in view of the need to address problems of reference framework and zones transformation • The effect of re-certification would provide documents that confer security for land titling this would be helpful to people taking mortgages, and increase activity in real estate development because the banks would make finance available and ultimately improve housing delivery

26. Conclusions • Fundamental knowledge on land in a country is stored in the existing land records. • Large scale maps, plans, land records are important and needed for citing of infrastructure • Low level of cadastral mapping in Nigeria and mostly available in analogue format. • Manpower training and development needs to be embarked upon within organisations acquiring and maintaining land records. • Surveyor input in production of land records cannot be overemphasised in the area of harmonisation of survey plans and preparation of legal documents for titling. • The proper documentation of land records and transactions has a direct impact on service delivery in such sectors as health, food security, education, transportation and the environment.

27. References • [1] Larsson, Gerhard (1991)Land registration and cadastral systems: Tools for land information and management, Longman Group UK • [2] Ayeni, Winston (2007) Infrastructure Information System Paper presented at Survey Coordination Conference and Advisory Board on Survey Training, Abuja, Nigeria • [3] Oboli, C. E. & Akpoyoware, A. O. (2005)Land registration reforms in Nigeria-Past, Present & Future: The Surveyors Perspective Presented at the Nigerian Institution of Surveyors AGM Kano, Nigeria May 4th 6th 2005 • [4] Arnot, B & Meadows, J (2006)Innovations and Land Administration Process- Reforming the Land Registration Process in Nigeria-Promoting Land Administration and Good Governance 5th FIG Regional Conference, Accra, Ghana, March 8-11, 2006 • [5] www.independentngonline.comAdedeji, Christopher (2007) Daily Independent –online FG Attributes Poverty level to Infrastructure deficiency 13th Sept, 2007 accessed 27th September, 2007

28. References • [6] www.fugro.com Nigerian Airborne Survey GIM International Magazine for Geomatics (2007) October 2007, Volume21, Issue 10 • [7] Federal Government Tender Magazine(2007)Geographical Information System pilot scheme for some Business units September 17-30, 2007 • [8] Oboli, C. E. (2007)Rural and Urban Development in Nigeria: Issues, Problems and Options-The Surveyors Perspective Paper Presented at the Nigerian Institution of Surveyors AGM Jos (Tin city),Plateau state, Nigeria July 3rd -6th 2007 • [9] Njepuome, A. P. C. (2007)African Geodetic Reference Frame (AFREF) Opening remarks at Stakeholders Forum Rock View, Hotel Abuja, Nigeria. 26th September, 2007 • [10] Oboli, C. E. & Nwilo, P. C. (2006)The Status of Cadastre and Land Management in Nigeria Presented at Land Information Systems Symposium held at UNECA, Addis Ababa, Ethiopia from 4th-8th December, 2006

29. Thank you for your attention