Fundamental Right to Property and Right to Housing in Nigeria: a Discourse

• Author: Akintunde Otubu
• Position: Lecturer; Department of Private and Property Law, Faculty of Law, University of Lagos, Akoka, 234-01, Lagos State, Nigeria
• Pages: 25-42

Abstract

: Housing is one of

overall development of man

housing in the citizen to warr

be such a right? This paper s

into a discourse as to whethe

to the above is to answer the

In a doctrinal research appro

man an d the state. Unfortun

political rights for obvious

enfo

rceable right to housing

the State to create an enabli

effect on the individual and t

Keywords: right to housing

,

1. Introduction

Housing, as shelter, is

investments and a sig

economy.

2

The import

from giving protection

personal possessions; h

must offer such infrastru

1

LLB, LLM M. Phil BL,

University of Lagos, Akoka,

493.2660. Corresponding aut

2

The definition of Hous

koreenterprisesllc.com/

Housi

3 Ibidem.

J

Akintunde OTUBU

1

of the basic needs of human kind. Given its quintessential rel

an and the State; the question

is posed: whether there is a righ

arrant a demand from the State to fulfill this right; and whethe

er sets out to examine the concept of Right as it relates to housi

ther there is a fundamental right to housing under Nigeria law

the question whether such a right should be cognizable under

roach, the paper conced

es that housing is a prerequisite to opt

tunately, right to housing does not enjoy the same ranking w

us reasons enunciated in the paper. The implication is tha

ng under our law. Notwithstanding, the paper posits that it is

bling environment for the realization of this right because of

d the State.

, property, housing

is one of the basic needs of human kind. It is

significant component of the local, regional an

ortance of housing to man cannot be overemphas

ion from elements of nature and providing stor

; housing in accordance with contemporary modern

structure and

services that would make dwellings co

BL, Lecturer; Department of P rivate and Property Law, Fac

ka, 234

-01, Lagos State, Nigeria. Tel.: +234(1) 493.2660-

1, fa

author: bullet20042003@yahoo.com.

ousing K.O.R.E Enterprises, LLC 9/4/08 available onlin

using

_Market.ppt.

Fundamental Right to Property an

to Housing in Nigeria: a Discou

AUDJ, vol

. VII, no.

JURIDICA

25

relevance to t he

ight to adequate

ther there should

using and ente

rs

law. A corollary

er Nigerian law.

ptimal utility of

g with civil and

that there is no

t is desirable for

of its multiplier

is a financial

and national

hasized; apart

torehouse for

ern standards,

conducive.

3

aculty of Law,

, fax: .: +234(1)

line at: www.

and Right

course

no. 3

, pp. 25-42

ACTA UNIVERSITATIS DANUBIUS No. 3/2011

26

Housing is fundamentally important to an individual's physical welfare as well as

one's sense of self dignity and role in the community. Housing is critically

important to the well being and health of children and families. Empirical data has

proven the correlation between why certain children do not do very well in school

why they lag behind their peers vis-a-vis the relationship with stable housing

(Boehm & Schlottmann, 1999).

Given the quintessential relevance of housing to the overall development of

mankind the question is post here whether there is a right to adequate housing in

the citizen to warrant a demand by the citizen from the State to fulfill this right; and

whether there should be such a right. An answer to this pertinent question is

necessary at this point in order to appreciate the need for State intervention in this

area. There are of course practical, cost-benefit reasons to advocate for a right to

decent, affordable housing. For those living in inadequate housing conditions they

are faced with myriad of problems; these include at a minimum, the multiple health

and safety problems that arise from lead poisoning, rat bites, fires, asphyxiation

(from poorly ventilated systems), communicable diseases, asthma, other forms of

sickness, and electric shock, as well as the occasional dramatic event, such as the

collapse of an entire building. Overcrowding, apart from the physical condition of

the space, can produce or exacerbate stress and family tensions, as well as disease.

Poor neighborhood conditions are often associated with crime and a lack of

personal safety (Chester Hartman1998)

1

. A right to adequate housing is therefore a

prerequisite to healthy living and the socioeconomic growth of man and the nation.

In the light of the foregoing this paper sets out to examine the concept of Right as it

relates to housing and enters into a discourse as to whether there is a fundamental

right to housing under Nigeria law. A corollary to the above is to answer the

question whether such a right should be cognizable under Nigerian law. The paper

thus sets out seriatim.

2. Concept of Right

Rights are entitlements (not) to perform certain actions or be in certain states, or

entitlements that others (not) perform certain actions or be in certain states

2

. When

we call anything a person's right, we mean that he has a valid claim on society to

protect him in the possession of it, either by the force of law, or by that of

education and opinion. According to J.S Mill (2002) “to have a right, then, is, I

conceive, to have something which society ought to defend me in the possession of”

(Mill, 2002, p. 54). Rights dominate most modern understandings of what actions

are proper and which institutions are just. Rights structure the forms of our

1 The Case for a Right to Housing, Housing Policy Debate. Volume 9, Issue 2 (1998).

2 The Concept of Rights available at: http://plato.stanford.edu/. Accessed 29/01/08.