Abstract
Housing affordability is a pressing socio-economic and legal challenge in Nigeria. Despite constitutional provisions recognizing property ownership and directive principles on adequate shelter, millions of Nigerians remain excluded from decent housing due to rising costs, systemic inequality, and weak regulatory enforcement. This paper examines the intersection of property law and social justice in Nigeria, analyzing constitutional and statutory provisions, case law, and housing policies. It argues that while Nigerian property law entrenches ownership rights, it inadequately addresses housing as a social good, thereby perpetuating inequality. Reforms are recommended to balance private property rights with equitable access to housing
Introduction
The shortage faced by Nigeria has over housing deficits of over 17 million units highlighted by the United Nations has worsened due to rapid urbanization and inadequate government intervention [1]The legal framework governing property rights, particularly the Land Use Act, combined with weak housing finance, has left many Nigerians unable to access adequate housing. While the Constitution protects property ownership, it does not make the right to housing justiciable, thereby creating a gap between ownership rights and social justice obligations..
Housing as a Legal Right in Nigeria
The Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees every citizen the right to acquire and own immovable property under section 43, while section 44 protects property from compulsory acquisition.[2]However, section 16(2)(d), located in the Directive Principles of State Policy, only provides that the State shall direct its policy towards ensuring suitable and adequate shelter. Since this provision is non-justiciable, citizens cannot enforce it in court.
Nigeria has also ratified the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR), which recognises in article 11 the right to adequate housing.[3]Despite this commitment, enforcement in Nigeria has been minimal.
The Land Use Act 1978 vests all land in the governor of each state, who grants rights of occupancy.[4]This centralisation has created bureaucratic bottlenecks and high costs for Certificates of Occupancy, effectively excluding low-income citizens from land access.
The cost of housing construction remains high due to reliance on imported building materials and inflationary pressures.
Property Law and Social Justice in Nigeria
Although Nigerian law entrenches ownership rights, courts and state policies have occasionally recognised the social dimension of property. In Attorney-General of Lagos State v Attorney-General of the Federation,[5]the Supreme Court upheld states’ powers over urban and regional planning, linking governance with social housing provision.
At the state level, the Lagos State Tenancy Law 2011 prohibits landlords from demanding more than one year’s rent in advance for new tenants.[6]This law reflects an attempt to protect tenants from exploitative practices, though its enforcement has been inconsistent.
At the international level, the African Commission on Human and Peoples’ Rights in SERAC v Nigeria held that Nigeria violated the right to adequate housing through forced evictions in Ogoniland, thereby reinforcing the need to balance property rights with social justice obligations[7].⁹
The National Housing Policy 2012 sought to address the affordability crisis through public–private partnerships, but critics argue it has favoured middle- and upper-income groups rather than the poor.[8]The National Housing Fund Act 1992 (as amended) mandates contributions from workers to fund housing, yet its reach is limited and benefits largely accrue to formal sector employees[9].¹¹
The Federal Housing Authority (FHA) was created to deliver mass housing, but allegations of corruption and elite capture have weakened its impact. Urban renewal projects, particularly in Lagos, have led to mass evictions without adequate resettlement, undermining social justice despite constitutional property protections.
Implementation of housing policies faces systemic problems. Weak enforcement undermines rent control measures such as those in Lagos. Corruption has plagued allocation processes under the FHA and National Housing Fund. The rigidity of the Land Use Act prevents equitable land access and perpetuates governor-level control. Finally, large-scale evictions in urban centres often prioritise economic development over human rights, contravening Nigeria’s obligations under the ICESCR.
Conclusion
Nigeria’s property law framework secures ownership rights but neglects housing as a social right. The result is widespread inequality in access to housing. Reforms should include amending the Land Use Act to ease land acquisition, making the right to housing justiciable, enforcing rent control and tenant protections, and broadening access to housing finance. Only by aligning property law with social justice can Nigeria achieve a fairer housing system.
[1] UN-Habitat, Nigeria Housing Profile (UN-Habitat 2011) 14.
[2] Constitution of the Federal Republic of Nigeria 1999 (as amended), ss 43–44.
[3] International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3 art 11.
[4] Land Use Act 1978, Cap L5, Laws of the Federation of Nigeria 2004, s 1.
[5] Attorney-General of Lagos State v Attorney-General of the Federation [2014] 9 NWLR (Pt 1412) 217 (SC).
[6] Lagos State Tenancy Law 2011, s 4
[7] Social and Economic Rights Action Centre (SERAC) v Nigeria (2001) AHRLR 60 (ACHPR 2001).
[8]. Federal Government of Nigeria, National Housing Policy (2012).
[9] National Housing Fund Act 1992, Cap N45, Laws of the Federation of Nigeria 2004.
