Problems and Prospects of Housing in Nigeria: A Legal Framework

Abstract

This paper examined the concept of housing in Nigeria and the need for revised policy guidelines   regarding the legal framework. The author noted that twenty five years after the National Housing Policy of 1991, Nigeria is still bedeviled by a high rate of housing deficit leading to high occupancy ratio in most urban centres across the country. The causes of this acute shortage of housing were found to include: corruption, bureaucracy, high cost of building materials, inflation, unavailability and high interest rates on housing loans, poor enlightenment, and a protracted withdrawal by government from direct construction of houses in addition to the sale of existing government estates. It was revealed that even though Section 43 of the 1999 Constitution of the Federal Republic of Nigeria provides for the right to property as a Fundamental Right, the issue of housing is however only provided for by Section 16(1)(d) of the same Constitution which is under the Fundamental Objectives and Directive Principles of State Policy and as such unfortunately not justiciable. It was recommended inter alia that the provision regarding housing, being a corollary of the rights to life and dignity should be upgraded to the status of a Fundamental Right capable of enforcement via immediate legislative action just like other provisions in Chapter four of the Nigerian Constitution. It was further recommended that the legislature should review the entire body of laws regarding land acquisition to ensure easier accessibility and transferability of land in line with modern realities, while the Federal government is enjoined to intervene in the housing sector by supporting the Mortgage Banking Sector through increased direct funding, introduction of policies that will reduce the administrative hitches attendant to accessing such loans, provision of incentives to encourage local manufacturers of building materials, and direct participation by way of development of low cost houses for citizens.