By OLUSOJI DAOMI
There is a scene that plays out too often across Nigeria. A landlord dies. His children gather after the burial. They inspect the properties left behind. Then someone points at one apartment and says, “That tenant has stayed too long. Let us recover our father’s house.” The family agrees. A few days later, while the tenant is away at work, they arrive with bricklayers, carpenters and labourers. The locks are changed. The roof is removed. The windows disappear. Household items are thrown into confusion. By evening, the tenant returns home only to discover that the house is no longer fit for human habitation.
To many people, this may appear justified. After all, is it not the family’s property? Did their late father not own it? Why should a tenant continue to occupy another person’s house against the wishes of the new owners?
Those are understandable questions. They are also the very questions that expose one of the greatest misconceptions in Nigerian property law. Ownership of a house and the lawful recovery of possession are not the same thing.
This distinction is simple, yet many Nigerians have paid dearly for failing to understand it.
One of the enduring achievements of civilized society is that it replaced force with law. Long before modern courts existed, the strongest person often determined who owned land, occupied property or exercised authority. The wealthy intimidated the poor. The powerful displaced the weak. The law emerged precisely to prevent such chaos. It insists that even where you are right, you must pursue your rights through the proper legal process. Otherwise, your lawful claim may itself become unlawful.
That principle is particularly important in landlord and tenant relationships.
Many landlords sincerely believe that once a tenancy expires, every right of the tenant disappears instantly. That is not how the law operates. A tenancy agreement creates legal rights and obligations for both parties. The landlord retains ownership of the property. The tenant enjoys a legal right to occupy the premises until the tenancy is lawfully determined and possession is lawfully recovered. These rights do not evaporate merely because emotions are running high or family members have become impatient.
The situation becomes even more complicated when the landlord dies.
The death of a property owner undoubtedly affects ownership of the estate, but it does not automatically authorise every child, beneficiary or relative to assume control of existing tenancy arrangements. Depending on the circumstances, questions may arise regarding who has legal authority to administer the estate, collect rent, negotiate with tenants or commence legal proceedings. A tenant confronted by several children each claiming to be the new landlord may legitimately be uncertain about whom to recognise. The law does not encourage confusion. It encourages order.
This is why heirs should resist the temptation to confuse inheritance with immediate enforcement powers.
Children who inherited their late father’s property believed they had grounds to recover possession of an apartment occupied by a tenant. Instead of following the legal process, they allegedly locked the entrance, removed the roof, dismantled the windows and interfered with the tenant’s belongings while the apartment was still occupied. The tenant subsequently approached the court. Nigerian law has consistently frowned upon self help in disputes involving possession of property. The courts have repeatedly emphasised that no one should become judge, jury and executioner in his own cause simply because he believes he has a valid claim.
Self help often disguises itself as common sense.
“It is my father’s house.”
“The tenant has refused to leave.”
“The rent has expired.”
“The agreement has ended.”
“The tenant has become troublesome.”
“We only wanted to pressure him to vacate.”
Such statements may indeed be relevant when a court is determining whether a landlord is entitled to recover possession. They do not, however, automatically justify locking a tenant out, removing roofing sheets, disconnecting electricity, cutting off water supply, removing doors, throwing personal belongings outside or intimidating occupants into leaving. The law distinguishes between having a right and enforcing that right. That distinction protects everybody.
Imagine a tenant who has faithfully paid rent for several years. Suddenly, the landlord dies. Four children appear, each claiming ownership. One demands rent. Another orders the tenant to leave immediately. A third threatens to demolish part of the building. Without legal rules, such situations would descend into anarchy.
Equally, imagine a landlord whose tenant stopped paying rent two years ago but continues occupying the premises while frustrating every attempt at dialogue. The landlord is understandably angry. Yet even then, the law expects him to pursue the recognised legal procedure instead of taking the law into his own hands.
This balance is deliberate.
The law protects landlords from perpetual occupation by defaulting tenants. At the same time, it protects tenants from force, intimidation and arbitrary eviction. Contrary to popular belief, possession enjoys legal protection even where ownership is undisputed.
This sometimes surprises many Nigerians. They ask, “How can somebody else’s tenant have rights against the owner?”
The answer lies in the nature of a tenancy itself. A tenancy is not merely an act of kindness by the landlord. It is a legal relationship created by agreement and regulated by applicable law. While that relationship lasts, both parties acquire rights and obligations that neither side should disregard. This does not mean tenants can remain forever. Far from it.
Tenants remain under a duty to pay rent where due, comply with the tenancy agreement, avoid damaging the premises, use the property for lawful purposes and surrender possession when the tenancy has lawfully ended. Legal protection is not a licence for irresponsibility. The law does not reward tenants who deliberately exploit procedural safeguards to remain indefinitely without meeting their obligations.
The next time someone says, “It is my house. I can do whatever I like,” the wiser response is this. Ownership gives you rights, but the law determines how those rights must be exercised.
Similarly, landlords retain the right to recover possession where the law permits. The critical point is that the method must itself be lawful.
That is why notices, where applicable under the governing tenancy arrangement and the relevant state law, play an important role. A notice informs the tenant that the landlord intends to determine the tenancy or recover possession. It is not the same thing as a court order. Even after the appropriate notice process, where required, physical eviction ordinarily requires compliance with the applicable legal procedure rather than unilateral force. The exact procedure depends on several factors, including the tenancy agreement, the nature of the tenancy, the location of the property and the law applicable in the relevant state.
Many Nigerians mistakenly believe that because litigation consumes time, self help is cheaper. Experience suggests otherwise.
The landlord who removes a roof may later face claims relating to damage caused by rainfall. Household appliances may be destroyed. Furniture may become unusable. Clothing, books and electronic devices may suffer extensive damage. Additional claims may arise from interference with possession, damage to personal property or other recognised legal wrongs depending on the particular facts. Legal fees accumulate. Relationships deteriorate. Litigation becomes prolonged. The apparent shortcut often becomes the longest and most expensive route.
There is also a broader public interest.
If everyone were permitted to enforce perceived rights through force, Nigeria would become a nation governed not by law but by physical strength. Every commercial dispute could end with padlocks. Every tenancy disagreement could end with demolition. Every inheritance dispute could become a contest of intimidation.
That is precisely what the rule of law seeks to prevent.
The rule against self help is therefore not merely a technical legal doctrine. It is one of the pillars of organised society. It reminds citizens that justice is not measured only by the correctness of a claim but also by the fairness of the process adopted to enforce it.
Property owners should therefore preserve tenancy agreements, rent records, correspondence and other relevant documents. Where ownership changes following death, those entitled to administer the estate should ensure that authority is properly established before dealing with tenants. Where recovery of possession becomes necessary, the legally recognised procedure should be followed with the guidance of a qualified Nigerian legal practitioner.
Tenants equally have responsibilities. They should not mistake legal protection for permanent occupation. Rent should be paid when due. Tenancy obligations should be honoured. Valid notices should not be ignored. Where disputes arise, dialogue should be attempted before positions harden into litigation.
The next time someone says, “It is my house. I can do whatever I like,” the wiser response is this. Ownership gives you rights, but the law determines how those rights must be exercised. In a constitutional democracy, the path to justice is not through force, anger or impatience. It is through due process. That is what separates a society governed by law from one governed by power alone.
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