BUYING OR SELLING LAND IN BWARI AND ACROSS NIGERIA: LEGAL STEPS YOU MUST NOT SKIP

By Kayode Ololade Ajileye, Esq.
Principal Partner, Kayode Ololade Ajileye & Co
Legal Practitioners

Land is the biggest asset most Nigerians will ever buy. Unfortunately, it is also where most people lose their life savings. In Bwari Area Council, FCT Abuja, we see cases of double allocation, “omo-onile” problems, fake documents, and demolition every week. The same story plays out in Ibeju-Lekki, Kubwa, Nasarawa, and other peri-urban areas.

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Whether you are buying or selling, the law is the same. Ignorance is not a defense. Here are the 8 things every prospective buyer and seller must take note of:

FOR PROSPECTIVE BUYERS: 5 THINGS TO CHECK BEFORE YOU PAY

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1. Verify the Title / Root of Ownership
   Land in the FCT is vested in the President and governed by the Land Use Act 1978. No individual “owns” land outright. What you get is a Right of Occupancy.
   Ask for:
   – R of O, C of O, or Letter of Allocation from FCDA/AGIS
   – For Area Council land in Bwari: Allocation Letter + Survey Plan + Deed of Assignment
   Take the documents to AGIS in Abuja for a “search” to confirm it’s not under government acquisition or double allocated.
2. Conduct Physical Due Diligence
   Go to the land with a surveyor. Do a “charting” at AGIS to confirm the coordinates match government records. Check if the land is on a road setback, water channel, or marked for public use. Many Bwari lands have been demolished for this reason.
3. Beware of “Family Land” and Omo-Onile
   If it’s family land, ensure all principal members sign the Deed of Assignment. Get a letter of consent from the Baale/Community Head. Paying only one “chairman” is how people buy trouble.
4. Get a Proper Deed of Assignment and Register It
   Verbal agreements or receipts alone cannot transfer land. After payment, your lawyer must prepare a Deed of Assignment. For FCT land, it must be registered at the Lands Registry and Governor’s Consent obtained. This is what protects you against future claims.
5. Never Pay Cash Without Documentation
   Pay via bank transfer and collect receipts. Insist that the seller’s lawyer, your lawyer, and witnesses are present during payment.

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FOR PROSPECTIVE SELLERS: 3 THINGS TO DO BEFORE YOU SELL

1. Confirm You Have the Right to Sell
   Do you have a valid title? Is the land under dispute, under mortgage, or subject to family consent? Selling land you don’t have good title to is fraud.
2. Disclose All Defects
   If the land is under litigation, has communal issues, or is part of an acquisition, disclose it. Concealing defects can lead to a lawsuit for misrepresentation.
3. Use a Proper Deed of Assignment
   Don’t use a handwritten “sale agreement”. A lawyer should prepare a Deed of Assignment stating the parties, description, consideration, and covenants. This protects you if the buyer later defaults or claims you sold more than agreed.

GENERAL RED FLAGS FOR BOTH BUYER AND SELLER

1. “Too good to be true” price: Cheap land in Bwari that is not under acquisition should worry you.
2. Pressure to pay quickly: “Pay today or someone else will buy it” is a common fraud tactic.
3. No survey plan: Every legitimate land must be surveyable.
4. Refusal to go to a lawyer: Any seller or buyer who says “lawyer will spoil the deal” is a red flag.

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CONCLUSION

Buying or selling land in Bwari, Abuja, or anywhere in Nigeria is not just a business transaction. It is a legal transaction. The Land Use Act, the FCT Land Administration laws, and the principles of contract all apply.

My advice: Before you pay one naira, spend a little to see a lawyer. It is cheaper than spending millions to fight in court later.

As Bwari continues to develop, let us build with documents, not just block and cement. Follow BwariTimes on Facebook as we bring more news and updates within the FCT.

For legal advice, due diligence, documentation, and recovery of land, contact:
Kayode Ololade Ajileye & Co
Legal Practitioners
Tel: 09050416480, 09121679944
Email: ajileye007@gmail.com