INNER BAR 30/10/2023
Falana and Commissioner Warn Lawyers Against Punishing Landlords
Lawyers in Nigeria have been cautioned by the Attorney-General and Commissioner for Justice of Lagos State, Lawal Pedro, and Senior Advocate of Nigeria, Femi Falana, to refrain from assisting clients in punishing landlords.
This warning was given during the advocacy program titled “Building Collapse and Application of Punitive Laws in Lagos State,” which was organized by the Building Collapse Prevention Guild, Ikeja Cell. The event took place recently in Lagos State.
According to the Attorney-General of Lagos State, disputes between landlords and tenants should not last longer than 60 days in court. He expressed concern that cases related to non-payment of rent or refusal to vacate the premises often drag on for years in court, discouraging investment.
He stated, “The Nigerian Bar Association and the Ministry of Justice will collaborate to ensure that appropriate laws are enacted, making everyone aware of the requirements. The Ministry of Justice will also address the issue of self-help, which people resort to for rent recovery, debt recovery, and repossessing property due to the slow justice system. Our goal is to ensure that cases in the state, in collaboration with the judiciary, do not exceed 24 months in court.”
Similarly, Femi Falana, the Senior Advocate of Nigeria, urged lawyers not to assist clients in punishing landlords. He shared an example of a client who approached him for an appeal after losing a case in the Magistrate court. When Falana discovered that the client had not paid rent for two years, he refused to proceed with the appeal. He cautioned lawyers to avoid being agents of impunity.
Falana also highlighted an alarming trend in Lagos, where frustrated tenants complain to the Ministry of Environment about potential building collapses. In response, officials without proper investigation, issue demolition notices. Some landlords even resort to paying for the removal of the roof to force tenants to vacate the property.
Furthermore, it was emphasized that obtaining the approval of the Ministry of Physical Planning is essential before making alterations to a property. Negligence was identified as the primary cause of building collapse, and the Commissioner for Physical Planning, Olatunji Odunlami, stressed the importance of regulations in preventing such incidents from occurring.