Proceedures and step in allocation of lands in Enugu State
APPLICATION FOR LAND ALLOCATION OF GOVERNMENT LAND

Background Information
By section 1 of the Land Use Act ("LUA") all land in Enugu State is vested in the Governor of the State who holds such land in trust and administers same for the use and common benefit of all. However under the LUA, individuals and corporate bodies may be deemed holders of, or may be granted, Statutory or Customary Rights of Occupancy by the Governor or the Local Government, respectively, with respect to land situated in the urban or rural areas respectively. Strictly speaking, Government land is any land over which no Right of Occupancy, Statutory or Customary, inures in favour of any individual(s) or corporate body. The Governor, on application by an individual(s) or corporate body, may allocate such Government land to the individual(s) or corporate body. To qualify to apply for allocation of Government land, an applicant must meet the requirements outlined in the Application Form. This Application is sent to the State Governor for Approval before allocation is made.

General Requirements
Both individuals and corporate bodies can apply for allocation of Government land. To be eligible to apply, certain requirement must be met:

• Have attained a minimum age of 18 (eighteen) years and in the case of corporate body, must be duly incorporated in Nigeria in accordance with relevant laws
• Provide 3 (three) years current tax clearance, if the individual is of paid employment and incase of corporate bodies, 3 years tax clearance of two of it's directors.
• Swear to an affidavit ( to be sworn by the Director or Secretary if a corporate body ) verifying the facts stated in the Application Form
• Submit with the Application Form, 4 (four) self addressed envelopes along with contact phone number and email address.
  

Before an application for allocation of Government land is considered for approval, the following activities must have been carried out by the relevant departments of the Ministry:

• There would be verification and certification that there are available plots for allocation. The location and number of available plots would be publicised to ensure transparency in allocation of plots
• The plots to be allocated should have been surveyed. Survey plans must have been produced for each plot by the Surveyor General and the survey fees to be paid on the plots computed
• The plots available for allocation should have been evaluated by thc Chief Evaluat ion Officer and the fees to be paid per plot computed (Periodic re­evaluations of these plots can be carried out bi-annually to capture appreciation in value of the plots or any increase or decrease in the fees to be paid)
• Schedules of the fees by both the Survey Department and Department of Lands should be submitted to the Director of Lands, the Permanent Secretary and the Honourable Commissioner. A copy of this schedule should also be given to the Schedule Land Officers

Allocation and Registration Procedure
The following steps are taken in sucessfull allocation of plots

• The applicant obtains an application form from the Ministry, fills it accordingly and submits it with the verifying affidavit and addressed envelopes to the Land Use and Allocation Committee ('LUAC' or Committee) office or the Governor as the case may be specifying the type of allocation required and what purpose it will be used for. Applications received will be shortlisted by the LUAC and forwarded to the Governor's office for approval
• If the office of the Governor is satisfied with the application, the Governor gives approval for allocation and forwards a copy of the approval letter to the Commissioner of lands for processing
• The Governor or Land Use and Allocation Committee (LUAC) meet and allocate plots to applicants using a predetermined basis such as a publicly organised ballot. The balloting system takes into consideration situations where number of applicants exceeds that of plots or vice versa. However, if there are no available plots, the applicant's application is reserved pending when plots become available
• When an allocation is made, the Director of Lands authorises the Schedule Officer to create a file for the applicant and also sends out a "Letter of Notification of Allocation" to the applicant with the schedule of all fees payable , and Bank details attached to it
• The applicant accepts the allocation by making payments due at the designated Banks, and submits copies of the Bank pay-in-slips at the Sub-treasury and the Accounts Department.
  
  

  However, in the event that the applicant rejects the allocation the Director of Lands advises the Land Use and Allocation Committee recommending that the plot be allocated to another applicant applying step 3 of this process. If an applicant rejects a plot allocated to him and requests for another, and the Commissioner deems the request to be of some merit, the Commissioner should recommend an alternative allocation from an unexhausted layout. The application is then forwarded to the Governor who may approve the re-allocation to the applicant based on the Governor's discretion.

• The Sub-treasury office confirms payments by checking the Bank tellers against the bank manifests. If the payment details are in the manifest, a receipt is issued to the applicant. However, where there is no evidence of payment in the manifest, the applicant is advised to rectify payments before a receipt can be issued. The Director of Lands should be informed of such situations.
• The applicant then submits a "Letter of Acceptance of Offer" along with copies of receipts of payment and other support documents as requested in the Letter of Notification of Allocation, to the Director of Lands
• The Director of Lands calls for the survey plan from the Surveyor General and attaches it to the applicant's file
• The Director of Lands after confirming that all the necessary information has been provided, approves the application and forwards same to the Pcrmanent Secretary for the Permanent Secretary's approval
• The Permanent Secretary goes over the application procedure to cnsure that:
  
  1. All the relevant input required to be made by the various departments of the Ministry have been made
  2. The relevant Heads of Department or Officers have appended their signatures where their input was required
  3. The fees were accurately computed in line with the approved schedule of fees
     
  When the Permanent Secretary is satisfied that all the procedures and requirements have been complied with, he sends the application to the Commissioner, recommending that a Certificate of Occupancy be issued to the applicant
• The Honourable Commissioner gives his approval and authorises the Director of Lands to issue a Certificate of Occupancy
  
  When the authorisation to issue the Certificate of Occupancy is given by the Commissioner, the Director of Lands directs the Schedule Land officer to inform or notify the client to come to the Ministry, two (2) weeks rrom the date or such information, to collect the Certificate of Occupancy. The minimum period for a Certificate of Occupancy to be ready is seven (7) days from the date the notification is sent by the Schedule Land Officer. This notification should be sent through the stamped self-addressed envelope previously submitted by the applicant
• The Director of Lands produces two (2) Certificates of Occupancy, and the Commissioner signs both Certificates. One Certificate is sent to the file Registry as part of the Ministry's record, while the other Certificate of Occupancy is attached to the file and forwarded to the Registrar of Deeds. A manual copy should also be kept in the applicant's file
• The Registrar of Deeds checks the file to ensure all the relevant fees have been paid, and that a Certificate or Memorandum of the Governor's consent has been attached to or endorsed on the Application Form and Certificate of Occupancy.
  When this is confirmed, the Certificate is registered
• The applicant collects one Certificate of Occupancy and the second Certificate is attached to the applicant's file. The file is forwarded to the Schedule Land Officer to review and submit to the file registry. This is to be done within one day
  
  

Fees Payable
The fees that the applicant will be required to pay In this transaction include the following:

1. Application fee
2. Survey fee
3. Stamp duty
4. Ground rent
5. Preparation fee
6. Registration fee
7. Computer fee
8. Premium fee.

ISSUE OF CERTIFICATE OF OCCUPANCY IN EVIDENCE OF DEEMED RIGHT OF OCCUPANCY

Background Information
By section I of the LUA all land in the territory of each State became vested in the Governor of the State who holds the land in trust and administers it for the use and common benefit of all Nigerians in accordance with the LUA. Section 5 of the LUA empowers the Governor of the State, in respect of land situate either in the urban or rural area, to grant Statutory Right of Occupancy to any person for all purposes. Section 6 of LUA also empowers the Local Government, in respect of land not being in the urban area, to grant Customary Right of Occupancy to any person or organisation for the use of the land in the Local Government Area for agricultural, residential and other purposes. Sections 34 and 36 of the LUA, respectively, deem an occupier or holder of land in urban and non-urban arrears, respectively, before the enactment of the LUA, to be a holder of Statutory or Customary Right of Occupancy. A Right of Occupancy is therefore the highest interest any person or organisation may have in land in Nigeria

Section 9 of the LUA empowers the Governor, to the exclusion of any other person, body or authority, to issue Certificate of Occupancy to any person or organisation as evidence of his Statutory or Customary Right of Occupancy over any land. Therefore any person or organisation wishing to be issued a Certificate of Occupancy may apply to the Governor (through his delegate, the Ministry of Lands and Housing) in the manner following:

General Requirements

for an applicant to qualify for issuance of a Certificate of Occupancy, the applicant must provide the following:

• Survey plan of the plot(s) for which the application is sought signed by a Registered Surveyor or its equivalent
• Produce 3 (three) years current tax clearance, if the individual is of paid employment or in the case of a corporate body, 3 years current tax clearance of two of its Directors
• An affidavit sworn to by the applicant, or in the case of a corporate body, by the director or Secretary of the corporate body, verifying the facts stated in the Application Form
• 4 passport photographs of the applicant with his name written at the back of each photograph
• In the case of a corporate body, photocopy of the certificate of incorporation or registration
• Submit with the Application Form, 4 (four) self addressed envelopes along with contact phone number and email address
• Photocopies of receipts issued to the applicant on the payment of relevant fees
  

Application and Registration Procedure
The following steps are taken in sucessfull issuance of Certificate of Occupancy

• The applicant fills and returns the Application Forms to the Secretary, Land Use and Allocation Committee attaching 3 (three) copies each of the following support documents listed above
• The Administrative Officer receives the Application Forms and accompanying documents and signs the copies of the Application Forms. I Ie registers the app'ication and a file number is given to the applicant. The file number is the serial number of the application in the register
  For example:
  LLJAC/2043-02      Chukwu Obi
  LUAC/2044-02       Agnes Ene
  
• The Secretary, Land Use and Allocation Committee sends a copy each of the Application Forms with the survey plan to the Surveyor General and Director Town Planning for their recommendations
• A memo is sent to Director of Lands to cotlfirm if the said plot is a Government plot
• Their recommendations are attached and the file is forwarded back to the Director of Lands who 'gives the file a new number and forwards to. the Pernianent Secretary.
• Permanent Secretary crosschecks the protesses and, if the process is in line with the approved guideline, makes a recommendation, and forwards the file to Commissioner for approval.
• Commissioner approves and forwards to Director of Lands through the Permanent Secretary
• Director of Lands computes fees payable based on plot description earlier submitted and forwards schedule and file to Secretary, Land Use Allocation Committee
• When the applicant makes the payments at the designated banks, the applicant submits copies of the bank tellers at the Sub-treasury
• The Sub-treasurer confirms the payment by checking the bank tellers against the bank manifests. If the payment details are in the manifest, a receipt is issued to the applicant by each of the departments. However, where there is no evidence of payment in the manifest, the applicant is advised to rectify payments before a receipt can be issued. The Director of Lands should be informed of such situations
• Applicant submits receipts to Schedule Land Officer who recommends preparation of Certificate of Occupancy to Director of Lands
• Director of Lands signs and forwards the file to Permanent Secretary with recommendation that a Certificate of Occupancy to be issued
• Permanent Secretary sends file to the Commissioner. The Commissioner calls for the Certificate of Occupancy, signs and forwards it to the Registrar of Deeds for registration through the Permanent Secretary
• The Certificate is registered and applicant signs for and collects the original copy from Deed Registry
  
  

Fees Payable
The fees that the applicant will be required to pay In this transaction include the following:

1. Preparation fees
2. Computerisation fees
3. Rent
4. Publication fees
5. Charting fees
6. Inspection fees
7. Registration fees
8. Stamp duty
9. Survey fees
   
10. Survey fee
11. Stamp duty