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Letter to Defence Minister: If it’s not too late…(2)

Previous: Fulani herdsmen, farmers and the rest of us In 2001, the Lagos State government consolidated all property and land-based rates and charges previously applicable under Land Rates, Tenement Rates and Neighbourhood Improvement Charge into a single rate.  Thus, the Land Use Charge as prescribed by the Land Use Charge Law, No 11 of 2001 applicable to landed properties in Lagos State commenced on June 22, 2001. This was done with the dual aim of simplifying the payment of property tax and generating additional revenue for the state through efficient enforcement. However, the land use charge of 2001 was not effective in Lagos State as only a few residents were aware of it and even fewer complied with the provisions. A member of the Lagos State House of Assembly (LSHA), Hon. Gbolahan Yishawu, was reported to have lamented in December 2017 that only about 300,000 out of an estimated 2 million eligible properties pay their land use charge. It was no surprise, therefore, that the LSHA on January 16, 2018 organized a public hearing to intimate the citizens of Lagos on the rationale and details of a new bill to repeal the land use charge law 2001. It was an interactive session during which the House also received inputs from stakeholders from across commercial businesses, religious organizations, NGOs, real estate professionals, and the media, among others. Subsequently, the LSHA passed the Land Use Charge Bill 2017 on Monday, January 29, 2018, and signed into law by Governor Akinwunmi Ambode on Monday, February 5, 2018. This law has effectively consolidated all land based rates and also incorporated several improvements to enable it correct the inadequacies of the previous land use charge law and reflect current economic realities.  The land use charge is now based on the commercial value of a property and valuation will be assessed by professional estate valuers appointed by the state. Valuation will also now be updated every five years. This will bring more fairness to the annual charge rate as a property owner in Ikorodu, for instance, will pay a markedly lower charge than a property owner in Ikoyi where property values are much higher. It also effectively removes any obsolescence in previous charges that were based on outdated valuations, some dating as far back as 2001. Fairness is also further entrenched in the new law with the establishment of an assessment appeal tribunal where people may appeal the decision that their property is chargeable or any perceived overvaluation of their assets. The scope has also been expanded as the elements of property were broadened to include a building; any improvement on land; a parcel of land, whether or not reclaimed, waterlogged or otherwise; a wharf or pier; and leaseholds of up to ten years. Thus, even that which is commonly called “a bare land” will now be charged an annual rate. This is partly designed to encourage the owners to develop such property. The bill provides a delineation of properties exempted from payment. Such properties like registered educational institutions and public or private libraries are now only exempted once they are certified by the commissioner to be non-profit making. Property owned and occupied by a religious body will be exempt if used exclusively as a place of worship or religious education. If used otherwise, they become chargeable. Other exemptions include public cemeteries and burial grounds, all palaces of recognized Obas and Chiefs, and any property specifically exempted by the executive governor of Lagos State. Properties occupied by non-profit making organizations may get only partial relief and not complete exemptions The law also makes provision for self-billing and electronic payment of the land use charge by owners. This is an indication that the government is employing technology to make compliance much easier. To further ease the burden on citizens as well as incentivize prompt payments, reliefs have been included in the bill. Lagos State retirees will get 100% relief (no charge) while factors like the age of a property owner, any physical challenges (or disability), and duration of residency may confer some partial relief. Prompt payments will confer some relief as well. In line with its pledge to carry stakeholders along, the government has kicked off an awareness campaign through multiple communication and media channels to enlighten the populace on the imperative of taxation. In the mix include the print media, television and radio; the internet and social media as well as engagement with key influencers in the state.  In this way, citizens will become fully aware of the details of the new land use charge, understand their obligations and act accordingly. The government is also publicizing the process of paying the new land use charge. To achieve its ultimate goal, enforcement of the law must be vigorous. The incentives and reliefs embedded in the law clearly shows that government intends to employ moral suasion. A successful enlightenment campaign will undoubtedly make enforcement much seamless. When citizens better understand the necessity of the charge and their roles in the scheme of things, it’s easier to get their buy in. Enforcement should be strict nonetheless and will require courteous displays of discipline, diligence and consistency on the part of the agencies of government that will pursue compliance to the provisions of the law. The previous effort through the land use charge law of 2001 was largely ineffective due to several factors.  For one, the general attitude towards taxation has been fraught with indifference and suspicion of government. This is due in part to over-reliance on funding from the federal government from the proceeds of crude oil sales and also a lack of transparency and accountability on the part of governments on the details of state expenditure.  There was also very low public enlightenment on the importance and usefulness of the Lagos land use charge as well as the duties and responsibilities of citizens. The responsibility of tenants versus property owners/landlords generated lots of conflicts, mainly due to ignorance. Enforcement of the policy by government also left a lot to be desired. Land owners continued to receive charges such as ground rent and tenement rate which were consolidated in the land use charge. This was coupled with the poor state of information on property ownership resulting in difficulties in administering charges to owners of properties. The Lagos State government with its declared aspiration to become a megacity as well as grow the state’s economy to become Africa’s third largest faces a monumental task of creating an environment that can trigger the level of productivity required for this growth and development. However, it is a task the government has set itself to accomplish. To achieve this, the government, apart from shaping the context and institutional structure to create a favourable business environment, has also identified the need to close the huge infrastructure gap that exists in the state. The dearth of physical and social infrastructure has continued to make unattainable the level of productivity required to achieve sustainable growth and development. It is in this regard that the Lagos State government is overhauling the tax regime in the state to enthrone efficient taxation as a major revenue source to fund infrastructure development among other initiatives. To its credit, the Lagos State government under Governor Akinwunmi Ambode has since its inception taken on the Lagos infrastructure burden headlong. Notable improvements and projects on Lagos infrastructure include street lighting and construction of lay bys across the state; the Jubilee Bridge that has decongested traffic around the Ajah axis; the reconstruction of the roundabouts on Lekki-Epe Expressway; the AbuleEgba Bridge; the Pen Cinema Bridge; contracts already concluded for the fourth mainland bridge and light rail construction projects; the expansion/reconstruction of International Airport Road currently underway. According to Governor Ambode, Lagos State requires funds in the region of $50 billion to fund its infrastructure gap. The source of revenue remains the monthly allocations from the federation account, capital receipts and Internally Generated Revenue (IGR). The steady growth in the population of Lagos (currently estimated at some 24m), the decline in the funds allocated from the federation and expanding infrastructure gap constrains the government to fashion creative ways to fund its developmental needs. This translates essentially to finding ways to improve IGR which should not, however, impose a heavy burden on the citizens. The Land Use Charge law is a welcome step in this direction, a win-win situation for all. Everyone looks forward to a Lagos that works for its entire people. Obagbemi writes from Lagos.
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FELIX OBOAGWINA

State’s Right to Make Laws: Partly, you blamed these killings on the anti-grazing laws. Let us assume, without necessarily agreeing, that the states did provoke these attacks through enacting livestock regulating laws.

For your information, sir, states DO have a constitutional right (duty, in fact) to make laws for themselves. Believe it or not, despite the unitary bastardisation of our Republican Constitution, it still allots that kind of power to the states. In the specific, the Constitution, the grundnorm of all laws, and the parameter against which all laws must be tested, in Section 4(7) concerning the responsibility of states, posits that: “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 ….” I guess this provision formed the peg upon which some states in the North adopted Sharia law.

General, have you studied these laws to see if they are totally loaded against the Fulani? They are not anti-Fulani but anti-open grazing, open grazing that has resulted in preventable losses of lives. For example, not only do the Ekiti and the Taraba statutes forbid open grazing in favour of ranching, they went further to protect herders by specifically forbidding cattle rustling. By the way, people who are not Fulani also own cattle; and they do not graze openly.

Feudalism of over federalism: Your address to the Aso Rock Press corps ignored the urgency this issue deserves. This was the same way that the Boko Haram issue was politicised and allowed to fester until it mushroomed into the global dimension it has assumed today. What is most troubling for people like me is the fact that all key government functionaries are speaking one language, a language that belittles this festering genocide but fires blames in the direction of every stakeholder except the parasitic Fulani herdsman and his cowherds. It makes it sound like you are endorsing Fulani feudalism over national Federalism. Are you not in essence saying that the shepherd is lord over the farmer?

The Fulani have their roots and their homes. If the global climate change and desertification have combined to push the herdsmen to seek greener pastures Southward, they must approach the host communities with decorum and civility. But the Fulani are not the only victims of climate change.

South-East and South-South Nigeria suffer flooding, erosion, mudslides, ocean surge and coastline erosions, all of which unleash harsh effects on people and property. Those displaced do not go on the rampage against their new hosts. If Fulani cannot graze on grasses without destroying farmers’ crops and killing farmers, they should be compelled to stay back home in their native lands.

Or do you also subscribe to the 97-5 percent formula of the President? Like him, do you too believe that those who gave him the most votes should be satisfied at the expense of areas who gave him fewer votes? Or does your stance reflect the lopsided arrangement in the Security Council? Like many other Nigerians, I wonder if this problem would not have received its deserved urgency were the Security Council otherwise constituted.

Today, we have a council composed of a preponderance of Muslim Northerners, a composition that is a clear affront on Section 14(3), which demands that, “The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria… ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies”

Where are our real Fulani? But, are these the real Fulani of my childhood? I remember growing up between Lagos and Ibadan. Those days, the sight of the Fulani herder with his cattle sent us kids into frenzied singing: “Malu gongo, labalaba gongo.” The Fulani man, with his wide-brim hat, sheathed dagger and amulets strapped to his arm, would smile and wave at us, directing the cows from doing us harm, as we kept a safe distance from their huge horns and hoofs. Their women came, hawking wara and fura.

Those were the Fulani we knew! Who are these ones armed with AK47 rifles? Did the DSS not say the other day that these are foreigners and mercenaries from the wars in Mali and Chad and Libya? They are ISIS and ISIL. And yet they are being allowed to dig in, take root and turn Nigeria into the next theatre of war.

General Dan Alli, you must speak up and act tough. God forbid the heavens to fall, sir, people will always remember you as the Minister of Defence who provided neither defence nor security. Israel invaded Lebanon in 2006 to recover two slain soldiers whose bodies were abducted by Hezbollah. This feat mirrored 1976 when Israel invaded Uganda to liberate a hijacked airplane forced to land at Entebbe Airport with Israelites on board.  Israel demonstrated that Jewish lives mattered. Such is the stuff that breeds patriotism! Oppositely, your posture and the Commander-in-Chief’s insinuate that non-Nigerian Fulani in Nigeria rate above non-Fulani Minorities Nigerians.

This posturing (and your posture on the Cameroon agitators, by the way) contradicts not only our Constitution but international laws like the 1993 “Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities.” Its Article 1 proclaims: “States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.”

Violation is enforceable by the International Criminal Court, ICC’s prerogative of detection, arresting, extradition and punishment of persons guilty of war crimes and crimes against humanity, as adopted by the General Assembly Resolution 3074 (XXVIII) of 3rd December 1973. This statute can be invoked not only against the herdsmen and the Cameroonians, but against you and the President –anytime, for time never runs against crime.

What is the way out? Government must construct a paradigm shift that not only makes these demons realise that they no longer have official backing but that they will be confronted OFFICIALLY! This, Mr. Defence Minister, is the change that must begin with you and your Commander-in-Chief. I wish you well.

Oboagwina writes from Lagos.

FELIX OBOAGWINA, A JOURNALIST, WRITES FROM LAGOS


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