ENCROACHING on government land has become a growing concern in many parts of Nigeria, especially in Edo State where rapid urban development has increased the demand for land. To protect public assets from illegal occupation, sale, and misuse, the Edo State Government recently enacted the Edo State Public Property Protection Law, 2025.
All government properties where ever they are will be retrieved by this government whether now or later.
Such properties include government layouts as Etete layout, Iyekogba Housing Estate, Evbuoriaria layout, Ikpoba River Dam Acquisition , Evbuodia Acquisition and Oka-Oseni/Egba/Okanaruovia.
Those who have possession or occupation of these government properties and other Government Reserved Areas without governor’s due allocation are liable to 10 years imprisonment and forfeiture of same properties for life. Except otherwise decided by the government of the day.
This law makes it a serious offence to occupy, sell, or transfer government property without authorization. Beyond the criminal provisions of the law, encroachment on government lands carries far-reaching legal, financial, and social implications for individuals, professionals, and communities.
- Legal Implications
The 2025 law classifies encroachment on public property as a criminal act.
Under the provisions of this law:
Forceful or unlawful entry into any government land attracts a penalty of up to 10 years imprisonment, especially when violence or threats are involved.
Unauthorized sale, lease, or transfer of government property without the Governor’s consent can lead to five years imprisonment.
Professionals such as estate agents, lawyers, and surveyors who assist or facilitate these illegal transactions can be prosecuted and reported to their professional regulatory bodies.
These legal measures aim to discourage illegal dealings in public lands and to ensure that government property remains under lawful control.
- Civil and Administrative Consequences
Encroachers risk losing not just their freedom, but also their investments.
The government reserves the right to reclaim any public land that has been illegally occupied, with no compensation for structures or developments made on it.
The newly established Edo State Public Property Protection Committee has the power to:
- Inspect and recover government properties that have been encroached upon.
- Collaborate with law enforcement agencies to evict illegal occupants.
- Publish names of offenders as a deterrent to others.
Once government land is identified, any claim of ownership, regardless of purchase receipts or agreements, becomes invalid.
- Financial and Economic Risks
Encroachment can lead to massive financial losses.
People who buy or build on government land without proper verification risk losing their entire investment.
Banks and financial institutions often refuse to fund or insure such properties once ownership disputes arise.
Any title or deed obtained without proper authorization or the Governor’s consent is automatically null and void.
Therefore, the economic consequence of encroachment is not just personal loss but also a disruption of investment confidence within the real estate sector.
- Professional and Reputational Damage
The law also holds professionals accountable.
Surveyors, estate agents, and lawyers who prepare documents or facilitate illegal property transactions risk criminal prosecution and disciplinary action from their professional associations.
Such offences can result in suspension, fines, or even loss of professional licenses, alongside the loss of public trust.
- Social and Developmental Impact
Encroachment is not just a legal or financial issue — it also affects community development.
When government lands meant for schools, hospitals, markets, or housing projects are illegally occupied, it delays infrastructure development and deprives citizens of essential services.
In this sense, encroachment is a direct obstacle to public progress and social welfare.
The Edo State Government has made it clear that protecting public property is key to sustainable development. Respecting government boundaries ensures that projects for the collective good can proceed without disruption
DR. TUNDE GODSON EIGBIREMOLEN,
Director, Publicity and Communications Strategy, EDOGIS writes from Benin City.