In a move that has sent shockwaves through the real estate sector and alarmed civil society, the Minister of the Federal Capital Territory (FCT), Nyesom Wike, has unilaterally approved severe financial penalties for alleged violations of the Land Use Act. The directive mandates a blanket fine of ₦5 million for defaulting allottees, payable within a draconian 30-day window, and an additional levy of 7.5% of the assessed capital value for properties converted without due authorization.
While the FCT Administration frames these measures as a necessary crackdown on land abuse and a drive for urban order, the method of their imposition reveals a profound contempt for the bedrock principles of Nigeria’s constitutional democracy. This action is not merely an administrative misstep; it is a flagrant violation of the rule of law, a direct assault on the judiciary’s role, and a dangerous slide towards autocratic governance.
The constitutional breach: Bypassing due process and fair hearing:
At the heart of any functioning democracy is the principle of due process, a safeguard enshrined in the Nigerian constitution to protect citizens from arbitrary state power. Section 36 (1) of the constitution guarantees every citizen the right to a fair hearing, which includes the right to be heard before an impartial tribunal before any punitive measure is imposed.
Minister Wike’s fines utterly disregard this fundamental right. By issuing a blanket decree, he has effectively convicted thousands of landowners without trial. There is no opportunity for individuals to present a defense, to argue extenuating circumstances, to challenge the evidence against them, or to appeal the decision.
This executive fiat reduces complex legal and property matters to a simple administrative invoice, rendering the judiciary—the constitutionally mandated arbiter of disputes—a mere spectator. This is not governance; it is an act of coercion that places the executive above the law.
The judiciary: The sole arbiter of punishment:
The separation of powers is not a mere suggestion; it is the foundational architecture of a democratic state. Section 6 of the Nigerian constitution vests judicial powers exclusively in the courts. It is the judiciary, and not any minister or administrator, that has the authority to interpret laws, determine guilt, and prescribe penalties following a rigorous and transparent legal process.
In assuming this judicial function, Wike has grotesquely conflated the roles of the executive and the judiciary. He has become the accuser, the prosecutor, the judge, and the bailiff all at once. This consolidation of power is the very definition of executive overreach and stands in direct opposition to the doctrine of nemo judex in causa sua—that no one should be a judge in their own cause. The impartiality of the process is not just compromised; it is entirely absent.
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The specter of autocracy and the absence of natural justice:
The imposition of such severe penalties without a judicial forum raises alarming questions about fairness and proportionality. A ₦5 million fine, coupled with a percentage of property value, is a crippling financial burden that could destroy livelihoods and investments. Violations of land use regulations can range from deliberate flouting of rules to innocent bureaucratic errors or misunderstandings. A just system must distinguish between these. An autocratic system does not.
This blanket punishment, devoid of nuance or adjudication, is a hallmark of authoritarian rule. It signals a government that prioritizes control over justice and compliance over fairness. It creates a climate of fear where citizens are subject to the whims of the powerful rather than the protection of the law.
The path to redress: Recommendations for upholding the law:
To correct this profound error and restore public trust, the FCT Administration must immediately recalibrate its approach to align with democratic and constitutional norms.
1. Immediate suspension and judicial review: The directive must be suspended forthwith. Alleged violations should be processed through the courts, where each case can be heard on its merits, evidence can be presented, and just penalties can be determined by a competent judge.
2. Clarity and public enlightenment: Rather than governing by punishment, the administration should launch a comprehensive public awareness campaign to educate landowners on their responsibilities and the precise procedures for land conversion and development.
3. Regulatory reform: If the existing administrative framework for handling minor infractions is deemed inefficient, the solution is to work with the National Assembly to develop clearer, transparent, and legally sound regulations that include rights of appeal to the judiciary, not to circumvent it.
Conclusion: A test for Nigeria’s democracy
The issue at stake transcends land administration in Abuja. It is a critical test of Nigeria’s commitment to its own constitution and the principles of democratic governance. Minister Wike’s actions set a perilous precedent. If allowed to stand, it grants any future minister the license to impose arbitrary fines for any alleged infraction, effectively neutering the judiciary and eroding the rights of citizens.
True order is not established through fear and executive decree, but through the consistent and impartial application of the law. The courts are the guardians of that law. To bypass them is not to strengthen governance; it is to weaken the very foundations of the Nigerian state. For the sake of democracy and the rule of law, this directive must be challenged and rescinded.
Clifford Ogbeide, a public affairs analyst, writes from Lake District, Canada
