HOUSING AND TENANCY IN NIGERIA: A LEGAL REAPPRAISAL

Ebere Frankline Chisom*

Abstract

This paper examines the regulatory frameworks for the definition of tenancy agreements
under Nigerian law. In doing this, it exposes the various types of tenants recognized by
the Nigerian judicature while placing significant reliance on the laws of Lagos State
and Abuja deemed to be the most comprehensive frameworks for the regulation of
tenancy relationships within Nigeria.

It further examines the concept of the right to housing in Nigeria with a view to
determining its substantiveness and extent of enforceability while exploring the
procedures for the eviction of tenants by landlords cum recovery of premises with
special focus on the rights attributable to tenants within Nigeria arising from the
various regulatory frameworks. In doing these, it adopts an analytical approach
exploring in details the fine contours of applicable Laws.

Keywords: Housing, Tenancy, Tenant, Landlord, Right, Eviction, Nigeria.

INTRODUCTION

The unique nature of the Nigerian housing industry makes it an interesting subject
matter of discourse particularly from a legal standpoint. Over the years, the industry has
remained a manifest exemplification of the resoluteness of Nigerians of all classes who
strive to sustain dreams and aspirations irrespective of mitigating factors of diverse

*
LLB Part I, Ahmadu Bello University, Zaria. Student Member, Young Institute for Transnational Arbitration (Y
ITA)

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nature ranging from the economic situation of the country to the social structure of the
society passing through the legal fabric regulating the industry.

While conscious of the indispensability of shelter as a basic human need, the Nigerian
government has nevertheless consistently maintained a complacent disposition towards
the subject matter while intermittently displaying latent efforts and policies geared
towards the emancipation of the industry. As a cumulative consequence, the take-off of
the industry is greatly impeded.

Yet, while this is true, the sector is further affected negatively by intrinsic practices
which despite abounding regulations in the form of statutory provisions and case laws
remain to a large extent vexed. This essentially refers to the practice of eviction of
tenants and recovery of premises by landlords.

With the above in mind, this paper, attempts to examines the regulatory frameworks
and the definition of tenancy under Nigerian laws, the concept of the right to housing,
whether there be any legal duty on the part of governments to provide housing facilities
to its citizenry, the rights of tenants under Nigerian laws and the procedures for eviction
of tenants cum recovery of premises under Nigerian tenancy laws.

REGULATORY FRAMEWORKS AND DEFINITION OF TENANCY UNDER

NIGERIAN LEGISLATIONS

Tenancy or any matters incidental to it been unitemised in Part I and Part II of the
Second Schedule to the 1999 Constitution of the Federal Republic of Nigeria (CFRN),
(as amended)1, its regulation automatically form part of the Residual list and thus within
the exclusive jurisdiction of State Houses of Assembly. This principle of jurisdictional
determination has been reasonably settled in the provisions of Section 4 (7) (a) and (b)
of the 1999 Constitution of the Federal Republic of Nigeria which (for the avoidance of
doubt), reads:

1
1999 Constitution of the Federal Republic of Nigeria, Cap C 23 Laws of the Federation of Nigeria 2004

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 “(7) The House of Assembly of a State shall have power to make laws for
the peace, order and good government of the State or any part thereof with
respect to the following matters, that is to say:

(a) any matter not included in the Exclusive Legislative List set out in Part
I of the Second Schedule to this Constitution.

(b) any matter included in the Concurrent Legislative List set out in the
first column of Part II of the Second Schedule to this Constitution to the
extent prescribed in the second column opposite thereto;”

Additionally, it has also being given corroborating judicial affirmation by the Supreme
Court where it reemphasized the exclusive jurisdiction of State Houses of Assembly on
issue not itemized in Part I and Part II of the Second Schedule to the CFRN in Attorney
General Abia State & Ors v Attorney General of the Federation & Ors2.

Due to the exclusive exercise of jurisdiction by State Houses of Assembly on the subject
matter, an impressive number of legislations has been evolved to this effect and yet have
to a large extent lacked comprehensiveness. Perhaps the most comprehensive and
advanced amongst them are the Lagos State regulatory frameworks and the Federal
Capital Territory regulatory frameworks for housing and tenancy.

Nevertheless, amongst such extant laws on the subjects matter are the Lagos Tenancy
Law, 2011, the Rent Control & Recovery of Premises Law No. 9 of 1976 of Lagos
State, the Land Use Act3, the Rent Control and Recovery of Residential Premises Law
of Delta State4, the Recovery of Premises Law of Rivers State5, the Recovery of
Premises Act (Abuja), the Landlord and Tenant Law, Anambra State, etc.

In furtherance, tenancy essentially involves a contractual relationship between a

landlord and a tenant. To this extent, the term “landlord” has been defined by the
provisions of section 47 of the Tenancy Law of Lagos State 2011 with corroborating

2
Attorney General Abia State & Ors v Attorney General of the Federation & Ors (SC 99/2005, SC 121/2005, SC
216/2005 Consolidated) [2006] NGSC 36 (7 JULY 2006) (2006) 2 All N.L.R. 24
3
Land Use Act Cap L5 Laws of the Federation Of Nigeria 2004.
4
Rent Control and Recovery of Residential Premises Law of Delta State Cap R5, Laws of Delta State
5
Recovery of Premises Law Cap 109 Laws of Rivers State of Nigeria 1999

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provisions by section 55 of the Rent Recovery and Recovery of Premises Law of Cross
Rivers State, Laws of Cross Rivers State 2004 as:

“the person entitled to the immediate reversion of the premises or if the

premises are held in joint tenancy or tenancy in common, any of the
persons entitled to the immediate reversion, which will include the
attorney, solicitor, agent or caretaker, receiving rent from any person
for the occupation of the premises in respect of which such attorney,
agent or caretaker claims a right to receive the rent”.

A “landlord” is however not limited to the preceding but includes the following as
further provided:

a. the attorney, solicitor, agent or caretaker of any such landlord;

b. any person receiving (whether in his own right or as an attorney or
agent) any rent from any person for the occupation of any premises
in respect of which he claims a right to receive the same; or
c. a former landlord where the context so requires;

On the other hand “tenant” is defined also by the provisions of section 47 of the Tenancy
Law of Lagos State 2011 and section 55 of the Rent Recovery and Recovery of Premises
Law of Cross Rivers State, Laws of Cross Rivers State 2004 as:

“including a sub-tenant or any person occupying any premises whether

by payment of rent howsoever or by operation of law, and not persons
unlawfully occupying any premises under a bona fide claim to be the
owner”

While the foregoing is true, the Courts have overtime in the attempt to determine the
contours and fundamental elements of tenancy established a principle to wit the
conditionality of “Lawful Occupation”. This principle was evolved in Abeke v.

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Oduni6 where the Supreme Court placing reliance on its previously decided case of
Oduye v. Nigeria Airways Limited7 held thus:

“Who then is a tenant? Under the Rent Control and Recovery of

Residential Premises Law - Section 40 (i) provides thus:- "Unless the
content otherwise requires “tenant” includes a sub-tenant or any person
occupying any premises whether on payment of rent or otherwise but
does not include a person occupying Premises under a bonafide claim to
be the owner of the premises.” The qualification, therefore, for
becoming a tenant under the Law is lawful occupation.” (Emphasis
mine)

In any case, several types of tenancies have been distinguished and applied by the Courts
overtime in determining matters arising from tenancy and occupation of premises. These
include:

I. Contractual Tenancy: As defined in Farajoye V. Hassan8, a contractual tenancy is

“the usual or common one that involves agreement between the landlord and the
tenant, written or oral on the terms and conditions of the tenancy.” Hence, a
contractual tenancy in essence involves a conscious effort of the landlord and the
tenant at a contractual agreement which must involve all the elements of a valid
contract such as offer, acceptance, consideration and intention to create a legal
relation.9 It is a contract of tenancy which, if written, usually contains the terms and
conditions of the tenancy, together with the rights and obligations of both the
landlord and the tenant.
II. Statutory Tenancy: This is a type of tenancy which is brought about by the
operation of law as distinct from one created by the conscious effort or the consensus
ad idem of the landlord and the tenant. The law presumes it to evolve from the lawful

6
Abeke v. Oduni, (2013) ALL NWLR (PART 697) 1797
7
Oduye v. Nigerian Airways Limited (1987) 2 NWLR (Pt. 55) 126
8
Farajoye V. Hassan, (2006)16 NWLR (Pt. 1006) 487
9
Bolaji Ramos, 2020, Understanding the Essential Principles of Landlord and Tenant Laws in Nigeria through
Judicial Decisions, Commonwealth Law Bulletin • January 2020 DOI: 10.1080/03050718.2020.1714456

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 occupation of premises after the expiration of the fixed contractual agreement of
occupation between the landlord and the tenant.
Against the suggestion of its name, statutory tenancy, as a type of tenancy or concept,
is not directly provided for or recognized in any of the regulatory framework of
tenancy of any of the respective States in Nigeria. The concept is rather a judicial
creation drawn majorly from the incidents of the obligations imposed on the landlord
by the rent control and recovery of premises laws of the various States in Nigeria in
the event that the landlord seeks to recover premises from the tenant after the
determination or expiration of the contractual tenancy. (For instances where it was
re-echoed, see African Petroleum Limited V. Owodunni10; Pan Asian African Co.
Limited v. National Insurance Corporation Limited11; Sule v. Nigerian Cotton
Board12; Oduye v. Nigerian Airways Limited13; Adeponle v. Saidi14)
III. Fixed Tenancy: A tenancy is said to be fixed when the commencement and the
expiration of the tenancy are well determined by both parties involved à savoir the
tenant and the landlord. Being of a fixed duration, it therefore follows that upon the
expiration of the duration, the tenancy dies naturally. A fixed tenancy does not enjoy
presumption of automatic renewal like a periodic tenancy. It is a tenancy for a
determinate term, and the certainty of the term is known to and agreed on by both
parties right from the beginning.
In Joseph v. Adole15, the Court of Appeal construed a fixed tenancy as follows:
“The position of the law is that a lease or tenancy for a fixed term
automatically determines when the fixed term expires. Quit notice is
usually obviated in the case of a fixed tenancy since the term of
expiration is normally known unlike periodic tenancies that
continues automatically from period to period until it determines by
a notice to quit. See Nweke v. Ibe (1974) 4 ECSLR page 54.”

10
African Petroleum Limited V. Owodunni, n. 26
11
Pan Asian African Co. Limited v. National Insurance Corporation Limited (1982) 9 SC 1
12
Sule v. Nigerian Cotton Board (1985) 2 NWLR (Pt5) 17
13
Op cit. pt55.
14
Adeponle v. Saidi (1956) NSCC 71
15
Joseph v. Adole, (2010) LPELP-CA/A/198/2007, Per Aboki, J.C.A. (P.16, Paras.B-C).

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IV.Periodic Tenancy: A periodic tenancy is one that begins and ends at a particular
period, but which renews itself automatically at the end of that particular period for
another successive period of equal length. Unlike a fixed tenancy, a periodic tenancy
enjoys automatic renewal at the end of one period—the renewal of which is
presumed to be on the same terms and conditions as the expired period. It is not for
a term certain, as the very end of it cannot be ascertained by the landlord and the
tenant as at the time of entering into the contract. (See African Petroleum Limited V.
Owodunni16.)
V. Tenancy at Will: Tenancy at will arises where a tenant, after the expiration or
effluxion of his tenancy, holds over with the consent of the landlord, but on the
condition that either the landlord or the tenant may terminate the tenancy at their
pleasure. It is devoid of certainty of term when the tenancy will be determined.
Tenancy at will is also a form of contractual tenancy because it involves a decision
reached ad idem by the landlord and the tenant.
Construing the nature of a tenancy at will, the Court of Appeal in the recent case of
Oyegbesan V. Oyegbesan17 held as follows:

“A tenancy at will has built into the mutual understanding that both
the tenant and the landlord can terminate the tenancy when any of
them likes or at any time convenient to any of them.”

PROVISION OF HOUSING FACILITIES OR THE RIGHT TO HOUSING,

ANY LEGAL DUTY ON THE PART OF GOVERNMENTS?

Shelter has been identified as one of the three most fundamental and basic needs of man,
yet the question of the existence or non-existence of a human right to housing globally
and more particularly in Nigeria has over the years been evaded by government
authorities as well as by legal analysts. This is probably not unconnected to the fact that

16
Op cit.
17
Oyegbesan V. Oyegbesan, (2014) LPELR-23358(CA) Per Ndukwe-Anyanwu, J.C.A., pp. 10-11,, paras.G-C).

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the Constitution of the Federal Republic of Nigeria in force makes no provision on the
subject matter under its provisions in Chapter IV which is dedicated to the fundamental
rights of Nigerians as envisaged by the “We the People of the Federal Republic of
Nigeria18”.

Yet the argument for a human right to housing in Nigeria may well transcend the
provisions of Chapter IV of the CFRN to include other statutory provisions binding
within the jurisdiction of Nigeria, customary law principles as well as generally
acceptable legal principles. Arguments in this wise would not be out of place as
overtime such advances in establishing other rights have been recognized as binding by
the Courts in spite of their baselessness in the provisions of the Constitution19.

Against this backdrop, it is important to note that human rights are such important
concepts in the society that without their judicious enforcement, the progress, peace and
happiness of the society cannot be preserved. In Ransome Kuti vs. Attorney General of
the Federation20, the learned Justice Kayode Eso JSC held that:

“…it is a right which stands above the ordinary laws of the land and
which, in fact, is antecedent to political society itself. It is a primary
condition for a civilized existence, and what has been done by our
constitution since independence is to have these rights enshrined in the
constitution so that the rights could be immutable to the extent of the non-
immutability of the constitution itself”

While this is appreciated, it is worth noting that three grand categories of rights have
been distinguished by legal analysts over the years to wit the first generation rights
otherwise known as the civil and political rights, the second generation rights
alternatively known as the economic, social and political (ESC) Rights and the third
generation rights also known as the solidarity rights.

18
See the Preamble of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)
19
See Legal Defence and Assistant Project (LEDAP) GTE & LTD V Federal Ministry of Education & Anor;
(unreported) Suit No: FHC/L/CS/1512/2010-183 where Justice T. Tosho held that Nigerians had a legal right to
education despite it not being provided under Chapter IV of the 1999 Constitution of the Federal Republic of
Nigeria (as amended).
20
Ransome Kuti vs. Attorney General of the Federation, (1985) 2 NWLR (Pt 61) 211 at 230.

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The first generation rights are said to be liberty-oriented rights and include the right to
life; right to personal security; right to freedom of thought, conscience and religion;
right to freedom of opinion and expression, peaceful assembly and association; right to
freedom from slavery and servitude, and the right to freedom from torture or cruel,
inhuman or degrading treatment or punishment. These are rights asserted against the
State for the protection of the liberty of the individual. They are the category of rights
essentially guaranteed by the provisions of Chapter IV of the Constitution.

The second generation rights on the other hand are deemed security-oriented rights and
include the right to work, to just and favourable condition of work, to form and join
trade unions, to social security, to protection of family life, to adequate standard of
living, to shelter, to education, and to take part in the cultural life of one's society. These
form part the Fundamental Objectives and Directive Principles of State Policy as
contained in Chapter II of the Nigerian Constitution and has by the provisions of Section
6(6) (c) of the Constitution been declared to be unjusticiable in any Court within
Nigeria.

The final category of rights, the third generation deemed the solidarity rights essentially
include the right to health and balanced environment, the right to communicate, the right
to be different, the right to benefit from the common heritage of mankind and the right
to humanitarian assistance. This category of rights is however still evolving and is
oftentimes included in the second generation category of rights.

In the light of the foregoing, right to housing or shelter therefore forms part of the
Second generation rights also known as the Economic, Social and Cultural rights. For
a Constitutional provision, Section 16 (2) (d) reads:

“(2) The State shall direct its policy towards ensuring:

(d) that suitable and adequate shelter, suitable and adequate food,
reasonable national minimum living wage, old age care and pensions,
and unemployment, sick benefits and welfare of the disabled are
provided for all citizens.” (Emphasis mine)

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While it is true that no legal right can be enforced in Nigeria on the basis of it forming
part of the Fundamental Objectives and Directive Principles of State Policy, it does not
necessarily follow that Nigerians lose the rights provided in other binding legal
instruments simply because these same rights form part of the Fundamental Objectives
and Directive Principles of State Policy or are not provided under Chapter IV of the
Constitution. In Otteh’s view:

“When lawyers classify socio-economic rights as unjusticiable, they

confuse in my mind, two important rights – bearing normative orders –
the Constitution as a rights founding source on one hand, and
legislation as rights empowering source on the other. Although
fundamental rights claims are often founded on the authority of the
Constitution, there is no requirement that this must be invariably so.
Constitutional protection of rights may offer the best guarantees, but
sometimes Constitutions themselves can be used to found new legal
claims arising from a state’s greater capacity and ability to realise
human rights...”21

However, it is to be noted that the right to housing in question does not amount to the
right to housing on demand as this would be grossly irrational, hence the reason the
framers of the constitution decided to divest the government of the day from any legal
duty or responsibility of providing housing or shelter to persons within the territories of
Nigeria through the provision of the clause in an unjusticiable part of the Constitution.
Nevertheless, it does not follow that the government has no legal (or at least moral)
responsibility towards housing or shelter provisions for persons within its territories.
Hence, while there is no duty on demand to provide housing facilities, the making of
policies to aid and guarantee that everyone has access to shelter remains constitutionally
binding. The government is therefore expected to direct its policies and gear its
objectives towards the adequate provision of shelter to everyone within its territories in
furtherance and in accordance with the provisions of other relevant legal instruments

21
Joseph Otteh, The Challenges for Socio-Economic Right litigation in Nigeria: Hurdles and Prospects in
Economic, Social and Cultural Rights in Developing a Training Agenda for Nigeria. (Lagos, Legal Research and
Resource Development Centre Roundtable Series, 1998).

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such as the various Rent Control and Recovery of Residential Premises Laws of
Constituent States of Nigeria, with the Land Use Act22, which guarantees access to land
for housing purposes and with other International Legal Instruments such as the
International Convention on the Elimination of all Forms of Racial Discrimination,
1965 which under its Article 2 prohibits discrimination in the enjoyment of “the Right
to Housing23”, the International Covenant on Economic, Social and Cultural Rights
which under its Article 11(1) obliges all States parties to recognise the right of everyone
to housing amongst other things24 and the Universal Declaration of Human Rights
(1948) which provides wordings under its 25 (1) which could by extended interpretation
guarantee the right to housing to humans25.

AN ASSESSMENT OF THE RIGHTS OF TENANTS UNDER NIGERIAN

LAWS

Through the analysis of relevant laws, the following could be proffered as some of the
most elementary the right accruing to the tenant within the territories of Nigeria.

1. Right to an Agreement: By dint of Section 3 of the Tenancy Laws, 2011 of Lagos

State every tenant of whatever status or location in Lagos State is entitled to an
agreement which could be oral or written. (Similar provisions are made in other laws
applicable in other States in Nigeria) This agreement, if written is expected to
specify in clear terms the names of a landlord and his tenant; as parties to the tenancy

22
Op cit.
23
See Article 2 of the International Convention on the Elimination of all Forms of Racial Discrimination, 1965
which states that: “parties undertake to prohibit and to eliminate discrimination on ground of race, colour or
national or ethnic origin, to guarantee equality before the law in the enjoyment of the following rights.... (e) In
particular (iii) the right to housing…”
24
International Covenant on Economic, Social and Cultural Rights, Article 11(1): The state parties to the present
covenant recognise the right of everyone to an adequate standard of living for himself and his family, including
adequate food, clothing and housing, and continuous improvement of living conditions. The state parties will take
appropriate steps to ensure to this effect the essential importance of international appreciation based on enforced
consent.
25
Universal Declaration of Human Rights (1948), Article 25 (1): Everyone has the right to a standard of living
adequate before the health and wellbeing of himself and his family, including food, clothing and medical care and
necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood,
old age, or other lack of livelihood in circumstances beyond his control.

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 agreement, the description of the land or house to be rented out showing its location
and basic features, the duration of the tenancy, the rent payable and the date at which
such rent would become payable, the modalities for reviewing rent price (increment
in price) etc.
2. Right to be Issued a Receipt of Rent Payment: This is in tandem with the
provisions of Section 5 (1) of the Tenancy Laws, 2011 of Lagos State. By this, as a
matter of right on the part of the tenant and duty on the part of the landlord, the latter
is under obligation to issue payment receipt to their tenants in respect of rent
payments.
Such receipts are expected to state:
a. Date on which rent was received;
b. Names and addresses of the landlord and the tenant;
c. Description and location of premises in respect of which the rent
is paid;
d. Amount of rent paid; and
e. Period to which the payment relates. (See 5 (2) of the Tenancy
Laws, 2011 of Lagos State)
3. Right to Quiet and Peaceable Enjoyment of the Premises: This essentially is an
offshoot of Section 6 of the Tenancy Laws, 2011 of Lagos State and involves the
right to privacy, the right to freedom from unreasonable disturbance, the right to
exclusive possession of the premises subject to the landlord's restricted right of
inspection and the right to the use of common areas for reasonable and lawful
purpose.
4. Right to be Issued a Valid Quit Notice as a Necessary Step Before Eviction: By
the provisions of the law relative to the procedure for the eviction of tenants cum
recovery of premises, the tenant is entitled to being issued a valid (in full compliance
with all requirements) quit notice. Upon the peremption of the notice whereupon the
tenant fails to deliver up possession of the premises, he is further entitled to a
Compulsory (7) Seven Days’ Notice of owners intention to Recover Premises.

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 Note that a valid “Quit Notice” must contain the name of the landlord, the name of
the tenant, the address of the property occupied by the tenant, the duration given to
the tenant included.

EXPOSING THE PROCEDURES FOR EVICTION OF TENANTS CUM

RECOVERY OF PREMISES UNDER NIGERIAN TENANCY LAWS

Having regards to the recovery of premises or the eviction of tenants in Nigeria, it is

worthy of note a priori that there is no perfectly uniform procedure applying to every
State within Nigeria as the processes are governed by the respective Rent Control &
Recovery of Residential Premises Laws of every State within Nigeria. In this analyses
however, emphases and references will be made to the Rent Control & Recovery of
Residential Premises Law of Lagos State, 200326 and the Recovery of Premises Act
(Abuja) 199027 as they to a large extent serve as prototypes for the myriad of other Rent
Control & Recovery of Residential Premises Laws extant within Nigeria as a sovereign
country.

In light of the foregoing, the following refer to the procedures for the eviction of tenants
cum recovery of premises as provided by Nigerian tenancy laws.

1. Issuance of a Notice to Quit: The attempt to recover the possession of his premises
before the expiration of the tenancy (effluxion of time) is as a matter of obligation
to be formally commenced vide a notice to quit served upon the tenant by the
landlord or by an authorized agent or Solicitor.
Having regards to the period of notice to be given, its determination lies on the
agreement between the parties. However, in the absence of any agreement, the
period of notice will be determined by statutory provisions. In this light, Section 8
of the Recovery of Premises Act, (Abuja) 1990, provides that:

26
Rent Control & Recovery of Residential Premises Law, Vol. 7, Laws of Lagos State, 2003
27
Recovery of Premises Act Cap 544 Laws of the Federation of Nigeria (Abuja) 1990

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 “in the absence of express agreement to the contrary, the period of
notice to be given by either party shall be as follows:
a. Tenancy at will or weekly tenancy- a week’s notice
b. Monthly tenancy- a month’s notice
c. Quarterly tenancy- a quarter’s notice
d. Yearly tenancy- half a year’s notice.
e. Tenancy exceeding one year is regarded as a yearly tenancy
and 6 months’ notice is sufficient.”

The nature of tenancy shall in the absence of any evidence to the

contrary be determined by reference to the mode of payment and
demand for rents.

2. Notice of Owner’s Intention to Recover Possession: This notice emanates from

the provisions of Section 13 of the Rent Control and Recovery of Residential
Premises Law of Lagos State, 2003 and is alternatively known as 7 days’ notice.
This notice is to be issued on the expiration of the notice to quit or the determination
of the interest of the tenant where the tenant or any person actually in possession of
the premises or any part thereof fails to quit and deliver up possession of the
premises or any part thereof. Note however that this notice cannot be served until
after the cessation of a landlord-tenant relationship between the parties sanctioned
by the expiry of the notice to quit or effluxion of time in the case of a fixed tenancy.
3. Writ or Plaint Against Person Refusing to Deliver up Possession: On the
expiration of the time stated in the notice of intention to recover possession, if the
tenant or any person in possession of the premises fails, refuses or neglects to give
up possession, then the owner of the premises (landlord) or his agent may apply to
the court or tribunal having jurisdiction in the district or division where the premises
is lying and situated for the issuance of a writ or enter a plaint against the tenant or
such other person neglecting to refusing to deliver up possession. (See Section 16
(1) of the Rent Control Law of Lagos and Section 10 Recovery of Premises Act.
Abuja).

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 Upon the obtention of the writ, the owner of the premises sought to be recovered is
to serve the other party being the occupier of the property (tenant) with the processes
through a personal service or a substituted service under instances and circumstances
permitted by law.
At this point, it rests on the courts to determine and order the fate of the reliefs
sought.

CONCLUSION

In conclusion, the subject matters of housing and tenancy are very delicate ones as has
been shown by this study. While it is settled that a good number of legislations has been
evolved to the effect of regulating these matters, it is nonetheless true that certain issues
particularly intrinsic practices regarding evictions and furthermore, the right to housing
within Nigeria remain largely vexed. However, it is expected that in the earnest, as the
courts continue to weave fabrics of relevant cases, the matters will be effectively laid to
rest.

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