Land Accessibility and Implications for Housing Development in Kano Metropolis, Nigeria Volume II Ado Muhktar Bichi Thesis Submi
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Land Accessibility and Implications for Housing Development in Kano Metropolis, Nigeria Volume II Ado Muhktar Bichi Thesis Submitted in fulfilment of the requirement for the Degree of Doctor of Philosophy Department of Geography The University of Sheffield March 2010 CHAPTER SIX: POLICY PROCESS IN LAND ADMINISTRATION 6. 1: Introduction This chapter discusses the policy process concerning land and housing in Kano and considers the interface between policy guidelines, policy implementation and the success of the state housing programmes especially in the metropolitan area. Its major aim, therefore, is to investigate the impact of state policies and assess the role played by some public agencies in improving housing condition in the state. Furthermore, the chapter provides an evaluation of state-run housing programmes including 'site and services' and 'owner-occupier' schemes. 6.2: Policy Formulation on Land and Housing The development of urban land policies relevant to the socio-economic realities and cultural conditions of the people is a necessary step towards resolving the economic and environmental problems of many developing countries (Olurin, 2007). Societies hardly achieve any appreciable level of development without harmonising land and housing policies, and land tenure affects social, economic and political processes (Gordon, 2000). In Nigeria, the diversity of ethnic, tribal and cultural groups makes this statement not only relevant but also significant. Although the desires and rights of individuals to own private property are respected and preserved, the main goals of urban development policies have been to ensure public control of land use and acceptance of public responsibility for the supply of land for whatever purpose in accordance with guidelines enshrined in the Land Use Decree. Nigeria has experienced a series of developmental problems; however, the desire to develop has not deterred successive governments from their commitment to provide the necessary infrastructure for growth, which has remained a top priority. The nation cannot afford to abandon the need for sound policies and programmes in all key aspects of human endeavour. One of the areas in which government has not relented in its efforts to make amends and initiate new policies and programmes is the housing sector. This is because it has presented a major challenge especially in the urban centres, where the demand for land and housing has met fierce competition from other compelling and equally important land uses. Government realised that the success of its land and housing policies and programmes is tied to progressive land policies at 224 all the three tiers of government in the country; the federal, state and local levels. The country has a vast area of land covering over 900,000 sq kilometres, but space requirements for different kinds of land uses are limited not by availability, but other factors such as accessibility, suitability, time, distance and the cost of travel. This is more noticeable in the urban centres where as a result of high rural-urban migration, there is high demand for land for different purposes. Consequently, in the midst of plenty, a majority of urban dwellers have not been able to rationalise the available land spaces to meet their needs without encountering some major obstacles and often-serious land problems and disputes. As a result, access becomes difficult even where land is offered for sale, as the cost is prohibitive. Furthermore, among some conservative communities in different parts of the country, traditional/customary norms on land acquisition were upheld and adhered to. These situations were justifications for the government to consider corrective measures and thus, government intervened in order to regulate the entire system and process of land acquisition. The government reacted to problems of land accessibility and tenure through federal legislation. This spelt out uniform procedures for access and allocation and took all land in the country into state ownership. As a result, the federal government's land nationalisation drive came into full operation with the promulgation of the Land Use Act, 1979 (discussed at length in section 5.3 above). The Act was enacted to give legal and constitutional backing and support to the Land Use Decree, earlier enforced by the military government in 1978. Therefore, with the promulgation of the Act, all land in Nigeria was nationalised and vested in the state Governors, to be held in trust and administered on behalf of the people of each state. In metropolitan Kano, land policies are therefore strictly a reflection of the federal policies. However, prior to the enactment of the Land Use Decree of 1978, the legal instrument that governed land matters in Kano was the Land Tenure Law, 1962. This applied within the Northern region, now comprising about nineteen northern states of Nigeria. Further, the 1978 land nationalisation abrogated all former legislation, traditional and customary arrangements, titles and land rights. All land rights were vested in the Governor who gained the powers of allocation to individuals and organisations as and when the need arose, strictly in accordance 225 with the stipulated guidelines contained in the provisions of the Land Use Act. The state land policies are therefore not different from the federal policies. Land policies are intertwined with housing policies in most of the urban centres of Nigeria. For example, in Kano the problems of housing development were traced (Garba, 1997) down to the issues of access to land for housing development. Therefore, government realised that its housing policies and programmes would be ineffective without appropriate consideration being given to its land policies. Thus, the state government's land and housing policies reflect the peculiarities of its geographical, cultural and socio-economic situation while, at the same time, conforming to federal legislation and other provisions guiding land use and urban development. For example, some of the low-cost houses built by the State Government such as Ja'oji and Gwammaja housing estates adopted traditional design in the structure of the houses; instead of a living room, a main entrance (zaure) and open-air courtyard (tsakar-gida) were introduced in the design. Furthermore, the government realised that due to weak financial standing among a majority of its people it was difficult for them to acquire houses on outright sale. As a result, its housing policies now emphasise owner-occupation and sites and services schemes so that beneficiaries can build at their own pace based on their socio-economic status. In addition, State land policies now accommodate migrant communities especially from the southern part of the country in land allocation in the same neighbourhood with the natives, contrary to earlier policy restricting them to Sabo Gari. In pursuance of this, besides the state Ministry of Lands and Physical Planning, other agencies were established that work together with the ministry and also complement each other in implementing government policies and programmes. Some of the key government agencies that were established include the State Housing Corporation and Urban Planning and Development Authority (KNUPDA). The two agencies function in collaboration and full consultation with the Ministry of Lands, as was observed by a senior government official: ' ... there is a relationship because the three organisations deal with activities carried out on space, that is space planning and control guide. The only thing is Housing Corporation only builds houses and sells out, that is the key issue. But Ministry of Lands usually surveys areas and allocates whatever plots have been 226 prepared over plan, while Kano State Urban Planning and Development Authority (KNUPDA) designs the areas, I mean prepares the plan. When the Ministry of Lands and Physical Planning prepares the surveys it sends the survey plans to KNUPDA for layout preparations, on completion KNUPDA also returns back the plan layouts to Ministry of Lands for allocation to individual applicants. So we Housing Corporation, we are restricted to only our estates or any other place that we have prepared scheme' (Interview: UM/SHC/l/2007/2008). Therefore, by policy, the process of housing development has been tied to the process of land acquisition. Government organisations and private individuals wishing to engage in housing development must therefore be involved with these agencies at one stage or another in the process of executing their projects. In addition, there is a good working relationship between the state agencies involved with the development of urban infrastructure and housing facilities and their counterparts at the federal level. For example, all policies formulated by federal ministries and agencies on land and housing were in principle extended to their counterparts in the respective states for compliance. It is however not mandatory for the various state governments to implement these federal policies, though it is highly recommended. For instance, this was illustrated in the goals and objectives of the National Housing Policy, which aimed 'to develop and sustain the political will of government for the provision of housing for all Nigerians'. The citation was followed by another policy objective that clearly seeks to involve other government agencies at the state levels where it states its aim: 'to encourage and promote active participation of other tiers of government in housing delivery'