By Maduka Nweke
nwekemaduka88@gmail.com
Stakeholders in Nigeria’s real estate and environmental sectors have called for the creation of special courts dedicated to handling environmental and land-related cases. They described it as a crucial step toward unlocking growth in the real estate industry.
They also argued that since land remains the foundation of real estate, disputes arising from its use and ownership must be resolved quickly and efficiently to sustain sectoral growth.
The Environmental Defenders Network (EDEN) led the call, urging the Chief Justice of Nigeria to direct the establishment of environmental courts within existing Federal and State High Courts across the country.
According to EDEN, environmental issues are matters of “life and death” and should therefore receive urgent judicial attention. The group stressed that creating such courts would ensure faster resolution of land and environmental disputes, encourage investment, and strengthen the protection of natural resources.
The Executive Director, EDEN, a non-governmental organisation (NGO), Chima Williams, made the submission in a memorandum presented in Lagos during one of the Zonal Public Hearings on the Proposed Alteration to the Provisions of the Constitution of the Federal Republic of Nigeria 1999 as Amended. The forum was organised by the House of Representatives Committee on the review of the 1999 Constitution.
Williams of the Environmental Defenders Network (EDEN) expressed concern over the slow pace of environmental litigation in Nigeria, lamenting that many citizens seeking justice often die before their cases are concluded. He explained that the long delays in court proceedings make it almost impossible for affected communities to get timely redress.
“What we see today is that the time lag in litigation makes most citizens who are clamouring for the protection of their environment through litigation die before the court delivers its judgment,” Williams said.
He described the extractive industries as “the greatest destroyers of the environment,” noting that environmental degradation from these sectors persists largely because extractive issues fall under the Exclusive Legislative List of the Constitution.
EDEN, he said, wants such matters moved to the Concurrent List “so that both states and the federal can legislate, and both federal and state high courts can have authority to litigate over environmental issues.”
Williams further highlighted the challenges in land ownership, blaming the Land Use Act of 1978 for creating excessive bureaucracy and delays. “The Land Use Act, which vests land ownership in the hands of state governors, often creates red tape and delays. Many lands have unclear titles or are subject to disputes, making transactions risky and tiring,” he noted.
He added that poor infrastructure, including inadequate roads, electricity and water supply, continue to increase the cost of development and discourage investment in real estate.
EDEN has also called for environmental protection to be recognised as a constitutional right. “The environment is captured in Section 20 of the 1999 Constitution under Chapter 2, which is merely a statement of intent of the government,” Williams explained. “Because of the pivotal place of the environment, as life depends on it, it should be moved from Chapter 2 into Chapter 4, the fundamental rights section of the Constitution, to make it enforceable.”
Corroborating, a civil law practitioner Mr. Paul Udo Nweke explained that the Land Use Act gives governors control over all land in their states, allowing them to grant only rights of occupancy rather than outright ownership. He said the legal system provides for specialized courts, tribunals, and Alternative Dispute Resolution (ADR) mechanisms such as arbitration and mediation, but noted that delays in these processes still hinder progress.
“The important thing here is that while these cases are going on, there is no development in those areas, and people continue to suffer,” Nweke observed.
The post Stakeholders demand special courts to fast-track land, real estate disputes appeared first on The Sun Nigeria.
