A Lagos-based lawyer, Mr. Yemi Omodele, has described as exploitative and obnoxious Section 11(1) of the newly passed Lagos State Properties Protection Law, which, he said, had now legalised collection of “foundation fee” by land-owning families in the state.

The law was signed by the Lagos State Governor, Akinwunmi Ambode, on August 15, primarily to prohibit the activities of land grabbers in the state.

However, Omodele, who addressed the press over the weekend, said with all its merits, the law had been flawed with the insertion of the clause under Section 11(1) that land-owning families were entitled to demand “foundation fee” from buyers after the buyer must have made full payment of the land purchase price.



The lawyer, who contended that the right of a land-owning family expires the moment it sells the land, said insertion of Section 11(1) legalising “foundation fee” is against the rule of natural justice, equity and good conscience.

He therefore called for the repeal or total removal of that portion of the law, saying it is capable of breeding a new wave of trouble in the state.

Omodele said, “That clause, which is included in that Section 11(1), which says: The provision of this section shall not be interpreted to preclude land-owning families, under the authorisation of the family head, to demand customary fee for possession (in the name of foundation level) from buyers, if that clause of the law is to be interpreted stricto censo, it means that the land-owning families are entitled to be collecting foundation fee and the conclusion I drew from it is that collection of foundation fee is now legalised in Lagos State.

“That clause, with due respect to the lawmakers, the incumbent Governor and the attorney-general, should be repealed or totally expunged. Once a family sells a piece of land, it has no right on that land again; its right has been extinguished; its right has been vacated as far as that land is concerned.

“When somebody has sold his interest on a land, he’s not entitled to anything in respect of that land any more. So, for the land-owning family to be collecting foundation fee or customary fee or possession fee is uncalled for. It amounts to exploitation, it amounts to duping, it amounts to duplication of payment.”

The lawyer also observed that the section of the law is not specific as to how much the said “foundation fee” should be and how many times it would be paid.

He added, “The implication of this Section 11(1) is that if Mr. A buys a plot of land today and he decides to sell it to Mr. B tomorrow; Mr. A had paid foundation fee before, Mr. B will also be expected to pay foundation if he decides to pull down the building. Now, payment of foundation fee here as stated, there is no specification as to the sum to be paid; whether one per cent or two per cent, it is not stated. For not stating it here, it leaves the buyer is abeyance, which means that if someone buys a piece of land for N100m, the land-owning family can come and say our foundation fee is N200m. The buyer doesn’t have any option but to pay it because they will now refer him to Section 11(1) of the Lagos State law that prohibits illegal occupation and taking over of properties by violence.”

The lawyer said the insertion of Section 11(1) made it appear as if those who drafted the law were from land-owning families in Lagos State and made the provision to generate fund for their families.

“I draw the attention the entire legal-minded persons in the country to this Section 11(1), to read it critically, with a view to approaching the necessary forum, particularly court, so that this particular clause that empowers the land-owning families to be collecting what is known as “foundation levy” can be set aside,” Omodele said.

http://punchng.com/lawyer-condemns-new-lagos-law-legalising-foundation-fee/



You now have to pay for foundation laying,even after paying for the land??
Lagos Na wah

I have said it time and time again. Lagos instituted the land tout issue aka omo onile and hence they can't stop it.
What I can only advice now is judicial interpretation in law court or petition to National Assembly. But in interim I advise that you result to fed power to curb the excesses of these land tout. You get the gist. OPMESA guys to the rescue.

Look at it from another angle... It's a welcome development, legalizing the so called "foundation fee" is an act devised by the Lagos state government to curb the incessant troubles by the land grabbers (omo onile)... Once you pay your foundation fee that's the end of the story, if after paying your foundation fee and you're still troubled by the omo oniles, that makes it illegal,and you can sue them in court.... If you live in ikorodu you'll understand what I'm saying, the omo oniles are the general overlords in ikorodu, after paying for a piece of land , the omo onile can collect it back and there's nothing you can do about it. People should look at this new law from a different angle, you'll find that it's the lasting solution to this so called omo onile brouhaha.

Y

anything goes in naija

What kind of thinking is this, na waooo

Lagos eh

okay

This is totally unacceptable. There are more reasonable ways which the state govt can raise funds, not this

Government should urgently address that issue asap.

hUmaneOne:


http://punchng.com/lawyer-condemns-new-lagos-law-legalising-foundation-fee/



You now have to pay for foundation laying,even after paying for the land??
Lagos Na wah

We need a revolution in lagos and in Nigeria as a whole... Too few a hand eating off the hardwork of many..

Ambode has been getting it right, but on this NO

At times I am even afraid of what our government do to us legally, not to talk of what outsiders will do.

This is Jagabans law in action and I see very little thing Ambode can do about it.
Only if Lagosians will stand up and fight this slavery law of exploitation.

Lagos generates internally generated revenue blah blah..but 99% of it is from tax/fines,what percentage is from services rendered or exports? Lazy govt
IGR doesn't include crude oil gains

the result of thinking out of brain box.useless set of pipu.

Why Igbos always complain about Lagos? Wetin concern una sef? Oya make una kpain una sef.......Yeye Phifu

That foundation fee is entering Jagaban's account...
Lagos has been officially and legally bought by the decayed teeth Tinubu

Next they will include Foundation siting,Owambe and Omoles"Touts" Fees.

watching in 6 by 3Dimension

If @ all there will be a 'foundation fee' , there should be a stipulated fee range or else, it'll just serve as another means of exploitation.

sobmos:
Look at it from another angle... It's a welcome development, legalizing the so called "foundation fee" is an act devised by the Lagos state government to curb the incessant troubles by the land grabbers (omo onile)... Once you pay your foundation fee that's the end of the story, if after paying your foundation fee and you're still troubled by the omo oniles, that makes it illegal,and you can sue them in court.... If you live in ikorodu you'll understand what I'm saying, the omo oniles are the general overlords in ikorodu, after paying for a piece of land , the omo onile can collect it back and there's nothing you can do about it. People should look at this new law from a different angle, you'll find that it's the lasting solution to this so called omo onile brouhaha.

The trouble is:
1. the law does not say you will pay "foundation fee" only once
2. it also does not say what constitutes this fee. Say you build 3 bungalows, do you pay thrice?
3. they can ask for any amount
4. you'll be lured into paying one price for land, then be compelled to pay double once you're hooked

Of course, this may not be the case today, but I can see how this foundation fee can evolve to be a monster over time

With this analysis, it seems LASG has now institutionalised and legalised 'omo onile' palava insstead of curbing it as was widely publicised.
Unfortunately, given the pace-setting perception and awe other states of the nation hold Lagos, the 'madnes' will soon spread to other partss of the country like wild fire.
The error in drafting the law should be corrected immediately.

APC only came to steal, kill the masses and weaken the opposition ahead of 2019.

What are the Senior Advocates waiting for? They should challenge that act in the courts.

joowealth:
anything goes in naija

SOMETIMES I WONDER IF WE DESERVE DEMOCRACY IN THIS COUNTRY, BECAUSE ONE OF THE BY PRODUCT OF DEMOCRACY IS THAT IT TEACHES YOU COMMON SENSE AND COMMON RIGHT, WHICH UP TILL NOW NIGERIANS DON'T REALISE, WE ACCEPT EVERY GADEM CRIMINAL POLICIES THAT GOVERNMENT THROWS OUR WAY

sobmos:
Look at it from another angle... It's a welcome development, legalizing the so called "foundation fee" is an act devised by the Lagos state government to curb the incessant troubles by the land grabbers (omo onile)... Once you pay your foundation fee that's the end of the story, if after paying your foundation fee and you're still troubled by the omo oniles, that makes it illegal,and you can sue them in court.... If you live in ikorodu you'll understand what I'm saying, the omo oniles are the general overlords in ikorodu, after paying for a piece of land , the omo onile can collect it back and there's nothing you can do about it. People should look at this new law from a different angle, you'll find that it's the lasting solution to this so called omo onile brouhaha.

my brother, what is bad is bad. if this is allowed to stay, I tell you this foundation fee will be times 3 of the land money.
why should our lives be mongaged to touts and criminals by the government. where else in the world can this be allowed.

sobmos:
Look at it from another angle... It's a welcome development, legalizing the so called "foundation fee" is an act devised by the Lagos state government to curb the incessant troubles by the land grabbers (omo onile)... Once you pay your foundation fee that's the end of the story, if after paying your foundation fee and you're still troubled by the omo oniles, that makes it illegal,and you can sue them in court.... If you live in ikorodu you'll understand what I'm saying, the omo oniles are the general overlords in ikorodu, after paying for a piece of land , the omo onile can collect it back and there's nothing you can do about it. People should look at this new law from a different angle, you'll find that it's the lasting solution to this so called omo onile brouhaha.

read the story very well u will understand there is nothing welcoming about it,i guess it is the so called omo onile that drafted it...the lawyer is making sense there.
how many times should it be paid and on what basis should it be estimated.
oya seun come and take foundation fee for this land o.

This Ambode's government is not a thinking government. Before 6 months, fashola's government already had directions.
What's the direction this man is leading us to?

How would you legalise such fee? On what grounds?
The claim that one won't be disturbed further after paying for foundation is laughable. Why not make it illegal to reclaim a property immediately after sale.
Or better still get a cheap fixed price for the foundation fee because I trust this omonile guys. They will slam outrageous fees on foundation soon
People got killed when it was illegal, I wonder what will happen now that it's been legalised.

So they have finally legalised " omonile"

sobmos:
Look at it from another angle... It's a welcome development, legalizing the so called "foundation fee" is an act devised by the Lagos state government to curb the incessant troubles by the land grabbers (omo onile)... Once you pay your foundation fee that's the end of the story, if after paying your foundation fee and you're still troubled by the omo oniles, that makes it illegal,and you can sue them in court.... If you live in ikorodu you'll understand what I'm saying, the omo oniles are the general overlords in ikorodu, after paying for a piece of land , the omo onile can collect it back and there's nothing you can do about it. People should look at this new law from a different angle, you'll find that it's the lasting solution to this so called omo onile brouhaha.

Nigerians can be pathetic at times. In spite of one's so-called education, he can still reason like a primitive caveman.

I can't believe that anyone in his right senses would identity "a welcome development" in such an uncivilised, exploitative, and idiotic law.

The omo onile extortion racket is an illegality and a blatant crime. Extortion is a crime all over the world. It is the government's duty to stop illegality and arrest criminals. You cannot legalise a crime as a way to stop it under whatever guise. Don't be ridiculous. Na this kind of warped thinking dey make me tire for black people. Condemned to be backward and uncivilised forever.