Pages

Thursday, September 22, 2011

Why I think the validity of the new Lagos Tenancy Law should be challenged in court


On Wednesday, August 24, 2011. Governor Babatunde Raji Fashola signed the controversial Tenancy Bill into law in Lagos State. The law now regulates transactions between landlords and tenants in Lagos covering different aspects of their relationship. The key part of the law that has virtually everybody talking about it is the section that states: "It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of six (6) months (one year in the case of a new tenant) in respect of any premises." In effect, a landlord cannot collect more than a year's rent from a new tenant and cannot collect more than 6 months rent from a sitting tenant. The state attorney general, Ade Ipaye said defaulters "shall be liable to a fine of N100,000 or three months imprisonment."

Personally, I do not want to get into the argument about the advantages or disadvantages of the bill. I am more interested in the fact that the Tenancy Law does not apply in some high-brow areas of Lagos State viz. Ikoyi, Victoria Island, Ikeja GRA and Apapa. The first question that comes to my mind is: What kind of segregation is this?

Now, some may argue that the Lagos State Government charges higher rates for these areas in terms of Land Use Charge and other property levies and taxes. I would counter that by saying the higher rates are based on the higher valuation of property in these locations.

By incorporating this kind of segregation into the Tenancy Law, Governor Fashola seems to be confirming George Orwell's assertion that "All animals are equal but some are more equal than others"in his classic novel- Animal Farm. Well, I would also like to remind Governor Fashola that there is also a saying that goes thus: "What's good for the goose is good for the gander."

The Governor cannot expect that some people will be sent to jail for breaking a particular law and other citizen's within the same state will not be bound by it at all. This makes the law defective in my opinion- in fact it is unethical and immoral.

The excuse that has been given to justify the inherent segregation in the Lagos State Tenancy Law is that people living in areas outside of Ikoyi, Victoria Island, Ikeja GRA and Apapa are the ones that are exploited the most and as such need more protection; so in essence if you live in this four locations in Lagos and you are exploited- you are on your own.

This could be just the beginning of other forms of legislated segregation; there could soon be a separate law for public servants and another for those that work in the private sector. In fact, I would venture to suggest that the the residents of Ikoyi, Victoria Island, Ikeja GRA and Apapa should seek to create their own separate state since no-less a person than the Governor of Lagos State thinks they are different from other residents of the state.

Whilst I am not trying to ridicule the efforts of the Governor to curb the exploitation of tenants in Lagos State, I think it is absolutely absurd that the new Tenancy Law does not cover every inch of Lagos State. This is against the natural concept of Justice and seems like a disincetive to be poor or not to be super-rich enough to build/live in Ikoyi, Victoria Island, Ikeja GRA and Apapa. I don't think anybody has a right to condemn people that seek the short-cut to prosperity when the government itself is now making separate laws for the super-rich.

The Lagos State Tenancy Law as it currently stands is in bad taste and should be challenged in court because I believe it may be illegal in the first place thereby making its provisions null and void.

18 comments:

  1. Great blog with very exciting information, I appreciate you a million times for putting up this amazing blog and for the informative contents shared, I found it very useful.timeshare nonjudicial forclosure

    ReplyDelete

  2. I know about the blog and getting the effective services and thoughts on useful search engine techniques and great services. We can follow the site for informative business development services.timeshare foreclosure attorney

    ReplyDelete
  3. Here, people spend a good life and they have their own culture and tradition and they are too much happy. I have visited this area many a time and I am surprised to see this beautiful community. Law books malaysia

    ReplyDelete
  4. I like your advice to do your own research about your legal situation before looking for a lawyer. Obviously, you’re still going to want a lawyer who knows the law more thoroughly, but knowing some basic information is still beneficial. Thanks for the article.Anaheim Personal Injury Attorney

    ReplyDelete
  5. I was searching for a proper explanation about family lawyer Winnipeg. Thanks, admin, for sharing such wonderful content on this topic. Now I have got everything I need about it. 405 Fwy Accident

    ReplyDelete

  6. In the event that you are not ready to pay for a lawyer upon the season of your capture, you will be designated one through the state who will represent you at your underlying arraignment.divorce lawyers Boynton Beach

    ReplyDelete
  7. It’s actually a great and helpful piece of information. I’m glad that you just shared this helpful information with us. Please stay us informed like this. Thank you for sharing.child custody lawyers Boynton Beach

    ReplyDelete
  8. I’ve got an undertaking that I am simply now operating on, and I have been on the lookout for such info.lawyer in Abu Dhabi

    ReplyDelete
  9. Very informative article. You can ask other people also hiring for lawyers, the factors they are looking for while hiring the lawyers. All these will really help in making the right choice

    ReplyDelete
  10. One of the bests, a bit of a beauty parade, we always suggest you can compare more than one lawyer before choosing lawyer these days. It’s pretty easy to do. You can find one that, not only, suits your budget, but also suits you.

    ReplyDelete
  11. Identify legal experts who have experience in your field. Success is not just a matter of knowing the law relative to a given business model, but integrating that understanding into review procedures, products and people.

    ReplyDelete
  12. A coins control carrier is a sort of financial carrier that allows organizations and individuals control their coins flow. These offerings can encompass things like check cashing, cash transfers, and invoice payments. Cash control offerings may be supplied with the aid of banks, credit unions, and other monetary institutions.personal injury lawyer Utah

    ReplyDelete
  13. These are sensible phrases you’re presenting right here. Finding the right legal professional on your case, no matter what it is probably, is so vital, and deciding on one to be able to work nicely for you requires a deep idea process and a number of thorough studies. Good information here. Thanks for posting.Personal injury attorneys Utah

    ReplyDelete
  14. This article contains some intriguing deadlines, although I am not sure if I fully agree with all of them. There may be some validity, but I prefer to reserve my judgement until I have conducted further research. Nevertheless, it was a good article and we look forward to reading more in the future.Traffic Lawyer

    ReplyDelete
  15. When a person seeks the services of a lawyer, the initial consultation is crucial as it will determine whether the lawyer will take up the case or not. During this first meeting, the lawyer will ask the client specific questions to gather information about the case. This questioning process helps the lawyer understand the details of the case and decide whether they are the right fit to represent the client. Therefore, the first interview is of great importance in the lawyer-client relationship.DUI Lawyers

    ReplyDelete
  16. Although a person's motives for seeking a divorce may be sincere, the legal proceedings involved can be highly intricate and multifaceted. As a result, it is always prudent to enlist the services of a skilled and devoted divorce attorney to represent your interests throughout the divorce process.DWI Lawyers

    ReplyDelete
  17. One of the fundamental principles of law is the notion of equality before it. Legal systems strive to ensure that all individuals, regardless of their background, social status, or wealth, are subject to the same set of rules and are entitled to equal protection under the law. This principle is essential in promoting fairness and preventing discrimination within societies.Đăng ký kinh doanh

    ReplyDelete
  18. Because it may potentially infringe upon property rights and require legal scrutiny to ensure its constitutionality. luật sư Cam Ranh

    ReplyDelete

Related Posts Plugin for WordPress, Blogger...

Scoop it

AddThis