Can my landlord evict me in Lagos State?

Introduction

This article examines whether a landlord can evict a tenant and the legal process of evicting a tenant with Lagos State as a focal point. The relationship between a landlord and a tenant known as tenancy, is one where the owner of the land referred to as the landlord gives up his property for use by another known as the tenant.

The relationship is contractual in nature and evidenced by a Tenancy Agreement. Just like any other legal agreement, a violation of the terms of the agreement can legally bring the tenancy agreement to an end and recovery of the premises by the landlord. However, for the eviction of a tenant and recovery of the premises by the landlord to be lawful, due process of law has to be followed.

Law Regulating Tenancy in Lagos

The Tenancy Law of Lagos State 2011 regulates the relationship between landlords and tenants. It applies to all business and residential premises with the exception of residential premises for staff and students of an educational institution, residential premises for shelter, care or hospice facility, residential premises for public or private hospitals or a mental facility. The Law applies to all premises within Lagos except premises in Apapa, Ikeja GRA, Ikoyi and Victoria Island.

Grounds for Lawful Eviction of a Tenant in Lagos

The reason why a landlord seeks to evict a tenant from his property is so that he can recover his premises. However, the reason for eviction must fall within the grounds stated in the Lagos State Tenacy Law 2011.Failure to pay rent is not the only ground for the lawful eviction of a tenant. The following are the grounds on which a tenant can be lawfully evicted¹:

1. Where the tenant is in arrears of rent. (Arrears of rent means rent that has accrued as a result of the tenant’s non-payment as at when due)
2. Where the tenant breaches any covenant or agreement in the Tenancy Agreement
3. Where the landlord requires the premises for personal use
4. Where the premises is being used by the tenant for any illegal or immoral purpose
5. Where the premises has been abandoned
6. Where the premises is unsafe and constitutes a danger to human life or property
7. Where the act of the tenant amounts to nuisance

The Eviction Process in Lagos State

Where a landlord has a lawful ground to evict a tenant, the first thing to do is not to throw him out forcefully or get him arrested by the police or get him harrased or assaulted by thugs. The following are the steps laid down by the law to ensure a lawful eviction and recovery of premises.

Step 1

The first step of evicting a tenant by the landlord is to issue a notice to quit to the tenant. The notice to quit is a document that spells out a period of time given to the tenant to vacate the premises. The length/duration of the notice to quit is based on the tenancy agreement or The Tenancy Law of Lagos State 2011.

1. Tenancy Agreement: The length of the notice is usually stated in the Tenancy Agreement and it is binding on the landlord and the tenant. But where the Tenancy Agreement makes no provision for such, the provision of The Tenancy Law of Lagos State 2011 will apply.
2. The Tenancy Law of Lagos State 2011²: The law provides for the following as a minimum period of notice:

• A tenant at will – 1 week’s notice (A tenant at will is a tenant who remains in the possession of the property after the expiration of his rent, usually by the permission of the landlord)
• A monthly tenant – 1 month’s notice
• A quarterly tenant – 3 month’s notice
• A half-yearly tenant – 3 month’s notice
• A yearly tenant – 6 month’s notice
• Where the tenancy is for a fixed term, the landlord does not need to issue a notice to quit upon expiration of the tenancy agreement. He will serve a 7-day written notice of his intention to recover the premises.

It is worthy of note that a notice to quit will not be given to a tenant in the following situation;

1. Where the tenancy expires at the due time (i.e effluxion of time)
2. Where a monthly tenant is in arrears of six month’s rent
3. Where a quarterly or half-yearly tenant is in arrears of one month’s rent
4. Where the premises is abandoned
5. Where the person is a licensee (A licensee is not a tenant but merely has the landlord’s permission to use the property)

Where the tenant falls into any of these categories, the landlord will proceed to step 2 without giving the tenant a 7-day written quit notice.

Step 2

Where the notice to quit expires and the tenant is still in possession or occupation of the premises, the land will issue a 7-day notice of owner’s intention to recover premises and serve the written notice on the tenant.

Step 3

Where the 7-day notice of owner’s intention to possess the property expires, and the tenant has refused to vacate the premises, the landlord can within 7 days of the expiration of the notice commence an action in court and obtain a court order to recover possession of the premises. It is only after obtaining a court order that a landlord can lawfully evict a tenant. This action can be commenced at the Magistrate court or High court, depending on the rental value of the premises.

Conclusion

Late payment of rent or arrears of rent amounts to a breach of the term of the tenancy agreement, upon which a landlord can lawfully evict a tenant. However due process of law must be followed by the landlord to ensure he obtains a formal court order, to avoid being liable for unlawful eviction. A landlord is prevented from forcefully ejecting a tenant from his property even when the actions of the tenant fall within any of the grounds listed above. This is because such action is regarded as self-help and the law frowns at self-help.³

A Landlord who resorts to any self-help means or unlawfully evicts a client will be liable to the tenants for wrongful eviction and the tenant can claim damages. A Landlord guilty of forceful eviction is liable to a fine not exceeding N250,000.00 (Two hundred and Fifty Thousand Naira) or an

imprisonment term of not exceeding (6) months.⁴

1 Section 13(1) Tenancy Law of Lagos State 2011

2 Tsegba & Anor v. Registered Trustees of Mission House & Anor (2018) LPELR-44242(CA)

3 Section 25 Tenancy Law of Lagos State 2011

4 Section 44 Tenancy Law of Lagos State 2011

The Position of the Law on Mobile Courts and its Procedure in Nigeria

Society is often fraught with different kinds of disputes, which could either be civil or criminal in nature. The court, therefore, is the body, vested with the power to hear and resolve disputes amicably. However, there is widespread dissatisfaction with the delay in the administration of justice by the court. It is for this reason that mobile courts which grant speedy justice delivery are very much appreciated. This is because the normal process of trial in the court does not apply to mobile courts.

What is a Mobile Court?

Before defining a mobile court, it is necessary to define the individual words. According to Black’s Law Dictionary, a court is ‘a governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice.’¹ Judges usually deliver judgement in a fixed place referred to as the courtroom.

The term ‘mobile’ is the ability to move (either a person or a thing) from one place to another. The joining of both words, therefore, means that a mobile court allows the court to hear and decide on matters in changeable or moveable locations. According to Hosen and Ferdous, ‘mobile court connotes a special arrangement of the court which moves from place to place, as opposed to, the court in the enclosed place, to adjudicate laws for the ulterior purpose of ensuring justice.’² Mobile courts afford citizens access to quick justice delivery and this is the reason many countries even Nigeria, have adopted the system.

Establishment and Legality of Mobile Courts in Nigeria

The constitution of Nigeria which is the supreme law of the land and from which all other laws derives its power vested all judicial powers of the federation in the court³. The constitution further listed all the courts in the federation, to which there was no provision for mobile courts. However, it empowered the law-making body or the legislative arm of government which is the National Assembly or State House of Assembly of each state to establish courts other than those already listed⁴.

Accordingly, S 10 (8) of the Federal Road Safety Act 2007 provides that ‘The Chief Judge of a State or the Federal Capital Territory, Abuja shall have the power to establish special or mobile courts for the purpose of speedy trial of traffic offenders.’ Therefore, it means that mobile courts are a product of enabling laws and are therefore legal.

While the Chief Judge of a state has the power to set up a mobile court, mobile courts are often presided by the magistrates as appointed by the Chief Judge⁵. This is not surprising because magistrate courts are a court of summary jurisdiction created to deliver efficient justice.

In the same vein, mobile courts which are presided over by magistrates are aimed at delivering speedy judgement. It is, therefore, safe to draw a conclusion that a Mobile Court sits as a Magistrate Court for the purposes of dispensing justice speedily in special cases such as traffic offences, and sanitation. A similar procedure of the magistrate court will thus be applicable in a mobile court.

Offences to Which Mobile Courts Have Jurisdiction

The mobile court has become popular due to its summary discharge of trials with respect to traffic offences, environmental/sanitation offences, and offences relating to curfew violations. The Federal Road Safety Act of 2007⁶ made provision for the establishment of special or mobile courts for the trial of traffic offenders. Anyone in violation of these offences can either be fined, imprisoned or both upon trial and conviction by the mobile court.

In keeping up with the provision of this Act and to ensure sanity on the road, The Federal Road Safety Corps (FRSC) in the dispensation of its functions books erring motorists in violation of traffic laws and sends them to the mobile court for trial.

In 2016, the Lagos State Government, inaugurated the Special Offences (Mobile) Court to summarily deal with growing cases of traffic and environmental abuses in the state⁷. Under criminal law, a person is only guilty of an offence if it is known to law or prescribed in a written law.⁸ Hence, ‘The Lagos State Road Traffic Law, 2012, Street Trading and Illegal Markets Prohibition Law, 2003, Lagos State Traffic Management Law (2018) and the Lagos State Environmental Sanitation Law, 2000 are some of the laws that provide for traffic offences and thus gives mobile court’s jurisdiction to hear them.

Some of these offences include; driving against traffic, refusing to obey traffic signs like zebra crossings and traffic lights indications, individuals/citizens crossing the highways where pedestrian bridges are provided, driving on the BRT by non-designated vehicles and parking at undesignated places, commercial buses on motion with their doors open.

Mobile courts are not only used to try erring motorists. Mobile courts also hear matters that have to do with environmental abuse. During the Covid-19 pandemic, the government passed various laws in an attempt to curb the spread of the disease.

The laws mandated everyone to wear a face mask, maintain social distancing in a public environment and banned public gatherings of over 50 people. Special taskforces were set up in various states to ensure this was followed and where citizens were found to violate the law, they were arrested and tried by mobile courts.

In Abuja, Eagle Square which is famous for hosting concerts, rallies, and even presidential inaugurations become home to a mobile court where offenders of the Covid-19 rules were prosecuted⁹. Many other states like Kwara and Anambra also set up mobile courts to try Covid-19 violators.

In conclusion, the use of mobile courts is a good contribution to the criminal justice system. This is because it tackles the delay with which justice is delivered. No one should be unnecessarily delayed or denied access to justice and so, a system that gives its citizen speedy access to justice should be welcomed and embraced.

1 Bryan A. Garner (ed), Black’s Law Dictionary, 2004 Thomson West, St Paul Minnesota Pg 378.

2 Hosen, G. D and Ferdous, S.Y (2010) ‘The Role of Mobile Courts in the Enforcement of Laws in Bangledesh’ The Northern University Journal of Law, Vol 1

3 S 6 Constitution of the Federal Republic of Nigeria (1999) as amended

4 S 6 (5) ibid

5 S 60 (1) Magistrates’ Court Law of Anambra State, 1991

6 S 10 (8) Federal Road Safety Act 2007

7 https://www.vanguardngr.com/2016/02/lagos-launches-mobile-court-for-traffic-environmental-offenders/

8 S 36 (12) 1999 Constitution of the Federal Republic of Nigeria (1999) as amended

9 https://www.reuters.com/article/uk-health-coronavirus-nigeria-court-idUSKBN2B3160

Gone are the days when you have to visit the Court in person in order to obtain an affidavit. The Oyo State High Court of Justice has launched an e-affidavit system in Nigeria which means that you can create an affidavit online without visiting the Court. The platform, known as OyoCoMis, was launched in May 2022 and has been very efficient.

While outside the country, I was able to use the e-affidavit system to create affidavits while working on some clients’ instructions and the process was really smooth.

1. Does one need to reside in Oyo State in order to use the OyoCoMis electronic affidavit system?

The good news is that in many cases, you would be able to use an affidavit obtained in any High Court in Nigeria for many purposes that require affidavits. This means that you do not have to travel to a specific state to obtain an affidavit. In other words, an affidavit obtained in Lagos State for instance could be legally used in Abuja FCT.

A peculiar circumstance where you might need to depose to an affidavit and file it in a specific state is where the affidavit is part of a court process for litigation. In such a case, it is quite logical to depose to an affidavit and file it together with the court processes in that state.

What is an affidavit?

An affidavit is simply a written statement declared on oath. The person making the statement swears on oath before someone who is authorized to administer oaths (such as a commissioner for oaths in the Court or notary public). The sworn document (affidavit) is usually required by law for several purposes.

You can use the Oyo State e-affidavit system to obtain an affidavit online for various purposes.

2. OyoCoMis has the following affidavit templates which would make creating your affidavit quite easy:

• Statutory declaration of age
• Declaration of marriage
• Change of signature
• Affidavit of bachelorhood
• Affidavit of spinsterhood
• Correction of name on birth certificate
• Biometric update
• Correction of SIM registration details
• Change of vehicle engine number
• Change of name (click here to see a step-by-step guide on how to change your name in Nigeria)
• Change of ownership (vehicle)
• Confirmation of name
• Correction of name
• Correction of date of birth
• Rearrangement of name
• Loss of passport
• Damaged Passport
• Illiterate declaration of age
• Illiterate change of name
• Affidavit of divorce
• Loss of SIM
• Affidavit of single mother
• Proof of death
• Change of signature
• Good conduct
• Vehicle plate number
• Bidding
• Deletion from quota
• Affidavit of consent
• Affidavit of loss
• Next of kin

If you cannot find a specific template for your affidavit requirement on OyoCoMis e-affidavit platform, you can also use the General Form option which you can customize to fit your specific need.

3. Steps for obtaining an affidavit online in Nigeria through the Oyo State e-affidavit system

You should prepare the following for the e-affidavit:

1. The statements or facts that need to be on the affidavit.

2. Create your signature specimen – You can sign on a piece of white paper and scan it. You will be required to upload this on the platform during the e-affidavit process. If you have a touchscreen device that allows you to sign electronically, you can also use that instead.

3. A scanned passport photograph.

4. Your payment card.

When you are ready go to https://comis.oyostatejudiciary.oy.gov.ng/account.html and create an account.

• After signing in, click on ‘New Filings’ in the top navigation menu and select ‘Affidavits’ on the page.
• You will be required to fill in the affidavit template with your name, occupation, address, location, and the averments (statements or facts that will be on your affidavit).
• You will also need to upload your scanned passport photograph and signature.
• After completing the affidavit template you will be required to make a payment (one thousand Naira).
• After making the payment, your affidavit will be queued for commissioning and you will receive a confirmation email once it has been commissioned.
• You can then click on ‘Affidavits’ under ‘Filings’ on the OyoCoMis platform to download the commissioned affidavit and print it.

4. Lawyers can file suits in Oyo State High Court online through the OyoCoMis platform

Apart from e-affidavit, OyoCoMis has many other electronic filing systems that are very useful, particularly for legal practitioners. This includes filing of suits online, registering a lis pendens, etc. Note that to create a professional account as a lawyer on OyoCoMis, you need to use your Nigerian Bar email address (ends with @nigerianbar.ng).

If you are reading this post, you have probably completed a bachelor’s degree in law in a foreign country or have nearly completed it. My aim in this post is to give you tips that would make the Bar Part 1 course in Nigeria a smooth experience for you.

As you might already know, you would be required to complete the Bar Part 1 course in Nigeria before you can be admitted to the Nigerian Bar to practice law. Although there is an exception, that is not the purpose of this post. If you are interested in knowing about the exception, see this post.

Nigerian Law school tips for the Bar Part 1 course

1. Apply on time for the Bar part 1 course

The earlier the better. Don’t wait till the last minute. Application for the Bar Part 1 course is usually made Online at the website of the Nigerian Law School.

2. Ensure that your diploma and transcript are sent to the Nigerian Law School on time for the Bar Part 1 course

As part of your application process for the Bar Part 1 course, you would be required to have your Bachelor’s diploma and transcript sent to the Nigerian Law School.

One problem you might encounter is that some universities do not use courier services for sending diplomas and transcripts. They might use standard mail instead. In such a case, it is not unusual for transcripts to get lost somewhere in transit. You should try to bear in mind that it is your responsibility to ensure that your transcript is received by the law school in time.

After receiving confirmation from your university that your transcript has been dispatched, contact the law school to ensure that they have received it. If they didn’t, have it resent by your university and monitor delivery again. In my own case, I had it sent a couple of times before it was finally received.

3. Nigerian law School campus for Bar Part 1 course

The Bar Part 1 Course usually takes place at the FCT Campus of the Nigerian Law School in Bwari. Tuition fee usually covers accommodation fees for everyone but you can opt to live outside of campus if you wish. For instance, if you are an FCT resident, you might prefer to stay in your house and go for lectures as a day student.

3.1 What to expect at the Nigerian Law School Abuja campus

• You would have a roommate. Each room is usually shared by two people.
• There are separate hostels for male and female students.
• You cannot visit students of the opposite sex in their rooms but there are common rooms where you can meet and socialise.
• You won’t have a kitchen and free meals are not served on the law school campus (not part of the tuition fee). However, there are canteens in the hostels and there is also the ‘mammy market’ with canteens where you can buy food and eat.
• There is usually a standby generator on campus so you need not worry about long power failures or going with a small generator.

Bar Part 1 examination

The Bar Part 1 exams are usually based on substantive law similar to your Bachelor’s degree modules. The modules for the Bart Part 1 course, however, will be based on Nigerian law. The purpose is to familiarise you with the Nigerian legal system and also prepare you for the Bar Part II course.

Bar Part 1 courses

According to the Nigerian Law School as of 2022, the following courses are compulsory for the Bar Part 1:

1. Constitutional Law
2. Commercial Law
3. Land Law
4. Law of contract
5. Equity & Trust
6. Law of evidence
7. Law of Torts
8. Criminal Law

Bar Part 1 fee

Bar Part 1 fee varies depending on whether you are a Nigerian citizen or a foreigner.

As of 2022, the Bar Part 1 fee for Nigerian students is 240,000 Naira for Nigerian citizens and 1,380,000 Naira for foreigners.

Social activity

Nigerian Law School campus is in Bwari, about a 45-minute drive from Abuja city. Bwari is a lovely town with places to hang out and Abuja city is also very lively with many places to hang out and have fun.

The Constitution of the Federal Republic of Nigeria 1999 provides grounds for which a person can become a citizen of Nigeria. Under the 1999 Constitution, a person can become a citizen of Nigeria, by birth, registration, naturalisation, and through honourary conferment of citizenship.

Below are elaborate details on how to become a Nigerian citizen:

1. You can become a Nigerian citizen by birth

According to Section 25 of the Nigeria Constitution, you can become a Nigerian citizen by birth in the following ways;

1. If you were born in Nigeria before Independence Day (October 1st 1960) and one of your parents or grandparents belongs to an indigenous community in Nigeria.
2. You can also become a Nigerian citizen if you were born after October 1st, 1960 and your parent or any of your grandparents is a citizen of Nigeria.
3. Lastly, you can become a Nigerian citizen if you were born outside Nigeria and one of your parents is a Nigerian citizen.

2. You can become a Nigerian citizen by registration

According to Section 26 of the Nigeria Constitution, you can become a Nigerian Citizen by registration if:

1. You were born outside Nigeria by parents who are not Nigerian citizens but one of your grandparents is a Nigerian.
2. A non-Nigerian woman who is married to a Nigerian man can become a Nigerian citizen by registration.

The implication of the above is that a non-Nigerian man who is married to a Nigerian woman cannot become a Nigerian Citizen by registration. This section of the Constitution has been subjected to gender-bias criticism and might be amended in future.

3. You can become a Nigerian citizen through naturalisation

Section 27 of the Constitution states that anyone who desires to become a Nigerian citizen by naturalization must apply to the President of Nigeria for a Certificate of Naturalization. Such application must show that:

1. The Applicant is of good character.
2. Applicant shows the desire to be domiciled in Nigeria.
3. The applicant shows in the opinion of the Governor of the State where he intends to reside that he has assimilated to the way of life of the people in that part of the country and that he is acceptable to the local community there.
4. Applicant is capable of contributing to the development of Nigeria.
5. The applicant has taken an oath of allegiance under the Seventh Schedule of the Constitution.
6. Before the application, the applicant has lived continuously in Nigeria for 15 years, or has resided in Nigeria for a continuous period of 12 months and immediately before the 12 months had within 20 years lived in Nigeria for a combined period of not less than 15 years.

It will interest you to note that in the year 2009, over 236 individuals became Nigerian citizens by naturalization from 50 different countries, and the number is rising each year.

4. Honourary citizenship

Though not enshrined in the Constitution, Nigeria citizenship can be given to a person as a mark of honor by the President. In the year 2005, President Olusegun Obasanjo conferred honorary citizenship of Nigeria on Wesley Snipes, a famous Hollywood actor during his three days visit to Nigeria.

How to apply for Nigerian citizenship

Although the 1999 Constitution states that application may be made to the president or governor in some cases, note that this does not literally mean that you have to give your application to the president or governor in person. If you are already in Nigeria and you want to apply for Nigerian citizenship, you can visit the Nigeria Immigration Office in the state where you reside. If you are abroad, you can visit or contact the Nigeria embassy in your country of residence or the one responsible for your country. You can find out the embassy responsible for your country through the Nigeria Immigration Service website.