By Sylvester Udemezue

MEMORY VERSE:

“Governance in large cities succeeds when those affected by policy are also involved in policy.” ~ Richard Stren

• INTRODUCTION

Leadership in a complex urban space such as Lagos requires more than regulatory zeal; it demands pragmatism, inclusiveness, creativity, and deep understanding of the city’s socio-cultural and economic diversity. Regrettably, many of the current administrative approaches reflect a significant disconnect from the practical realities facing the State’s residents and stakeholders.

• PROFESSIONAL REGISTRATION WITHOUT LEGAL BACKING?

Some agencies in Lagos now insist that persons engaging in real estate consultancy or property-related services must register with them before practicing. The Lagos State Government through the Lagos State Real Estate Regulatory Authority (LASRERA) recently declared it an offence to practice real estate without registration with LASRERA. While professional regulation can promote accountability and curb unethical practices, such directives must be rooted in law. Regulatory powers cannot exist in a vacuum; they must be traceable to enabling statutes or delegated legislative instruments. The principle of legality (enshrined in Section 36(12) of the 1999 Constitution of Nigeria) requires that no one be penalized for any conduct that is not defined and punishable by a written law. Unless an express provision in a valid statute authorizes such compulsory registration, the imposition is not only procedurally questionable but constitutionally suspect. Where regulation is necessary, it must be fair, reasonable, and accessible, not cost-prohibitive or burdensome. For instance, the Council of Registered Estate Surveyors and Valuers (via the Estate Surveyors and Valuers Registration Board of Nigeria—ESVARBON) already regulates real estate professionals under the ESVARBON Act, Cap E13 LFN 2004. Additional local regulation must therefore harmonize, not conflict, with national frameworks.

• REPORTING EXCESSIVE AGENCY FEES::IS IT PRACTICAL?

Some directives expect tenants to report real estate agents who charge more than 10% as agency fee. LASRERA recently emphasized that estate agents in Lagos State must not charge agency fees beyond the approved limit of 10%, warning that exceeding this constitutes professional misconduct. Members of the public are encouraged to report violations to LASRERA. While this is aimed at curbing exploitation, one must question the practicality. In a city with a significant housing deficit, many tenants often feel they have little choice but to comply with agency demands in order to secure shelter. To expect them to further engage bureaucratic complaint processes, with little assurance of redress, risks appearing disconnected from their lived experience. As the economist Thomas Sowell once said, “There are no solutions, only trade-offs.” A more practical approach may be to empower and sensitize tenants through public legal education, install Impregnable legal and regulatory systems, and strengthen existing regulatory frameworks that target erring professionals directly, rather than relying on victims to initiate enforcement.

• THE LAGOS TENANCY LAW, 2011: GOOD INTENTIONS, DIFFICULT ENFORCEMENT:

The Lagos Tenancy Law (2011) prohibits landlords from collecting more than one year’s rent in advance for residential properties. While laudable in principle (aimed at protecting tenants from extortion) its enforcement has faced serious challenges. Tenants desperate for accommodation are often compelled to accept two or even three years’ rent demand. In theory, both the landlord and tenant who contravene this provision are liable, but in practice, enforcement is negligible. This places tenants in a legal and moral dilemma: comply with the law and face homelessness, or break the law and survive. Laws that contradict everyday economic survival are likely to be ineffective or selectively applied. The Lagos Judiciary should be commended for designating Rent Courts under the Tenancy Law, but broader implementation mechanisms (including accessible alternative dispute resolution (ADR) platforms) must be deepened. Administrative measures without realistic enforcement do little more than express good intentions. Immediate reforms efforts should be initiated to make Lagos Tenancy Law Impregnable as a the only way to effectiveness and real impact.

• THE IMPERATIVE OF INCLUSIVE GOVERNANCE IN MANAGING A MEGA-CITY:

Lagos is arguably Nigeria’s most cosmopolitan city in Nigeria, with a population of over 20 million people, representing virtually all Nigerian ethnic groups and a sizable community of foreign nationals. While Lagos is historically a Yoruba land and must retain its cultural integrity, the reality of its multi-ethnic character should inform governance philosophy. Inclusiveness in governance does not mean political dilution; rather, it reflects the best practices in metropolitan management worldwide. London, for instance, while deeply British in identity, thrives through inclusive policies that tap into the talents of residents irrespective of ethnic background. Nigeria’s Federal Character principle, enshrined in Section 14 of the 1999 Constitution, was established to foster national unity and equitable representation. Although Lagos is a State and not bound by federal appointment structures in its local affairs, it may voluntarily emulate the spirit of that principle to reflect fairness, equity, and strategic inclusion towards effectiveness and productivity. By appointing competent residents (regardless of ethnic origin) into key leadership positions, such as heads of agencies, boards, and departments, Lagos would be signaling maturity, confidence, and a commitment to the common good. Such appointments must be merit-based, of course, but the merit pool should not be limited by ethnicity.

• WHY NOT A NON-YORUBA COMMISSIONER OR DEPUTY GOVERNOR?

What is the rationale for limiting key leadership roles to only one ethnic group, when there are qualified and committed residents from across the country and abroad, who have contributed significantly to the growth of Lagos? There is no legal impediment to appointing an Igbo, Hausa, Ijaw, Edo, Igala , Nupe, Idoma, Benin, Chinese, Indian or American technocrat into such positions, provided the person meets constitutional and statutory requirements. As a matter of fact, Lagos already benefits from non-indigene contributions in sectors like commerce, construction, education, technology, economy and taxation. A more inclusive public administration will not only boost trust and cooperation but also increase innovation and a sense of belonging among diverse communities. Consider the case of South Africa’s post-apartheid model of “Broad-Based Black Economic Empowerment (BBBEE),” which, though different in origin, reflects an attempt to correct historical exclusion through strategic inclusion.

• TAXATION WITHOUT PRODUCTION – LAGOS AS A CONSUMPTION ECONOMY:

Lagos State is reputed to generate the highest Internally Generated Revenue (IGR) among Nigerian states. According to the National Bureau of Statistics (NBS), Lagos State accounted for over N651 billion in IGR in 2022—over 30% of the national total. Yet, many have questioned: What is Lagos producing in return? Beyond taxes, levies, fines, and land charges, there is limited evidence of significant public sector-led industrialization, agriculture, or technology innovation. The State is heavily reliant on consumption and service sectors, especially real estate, banking, and commerce. While the Lagos State Government deserves commendation for initiatives such as the Lekki Free Trade Zone, the Blue Line Rail, and the BRT system, more can be done. A modern mega-city must drive innovation, not merely manage consumption. Establishing State-led industrial parks, agri-processing centers, and public-private tech incubators, manufacturing and production companies, etc, would diversify revenue and provide sustainable jobs.

• THE PATH FORWARD IS INCLUSIVENESS, PRAGMATISM, AND INNOVATION:

Unless Lagos State embraces broader-minded, inclusive, and evidence-based policies, it risks underperforming despite its massive potential. The problems of urban congestion, housing shortages, regulatory overreach, and informal power structures (such as street-level enforcers) will persist unless addressed through collaborative, not exclusionary, governance. Urban management expert, Prof. Richard Stren, once argued that “governance in large cities succeeds when those affected by policy are also involved in policy.” Prof. Richard Stren is a Professor Emeritus of Political Science and the former Director of the Centre for Urban and Community Studies at the University of Toronto. He coordinated a world-wide network of researchers looking at policy questions and urban governance, was a Fellow at the Wilson Center (in 2000–2001), co-chair of the Panel on Urban Population Dynamics of the National Academy of Sciences (1999- 2003) and currently the Chair of HS-Net, the advisory group behind the publication of the bi-annual Global Report on Human Settlements for UN-HABITAT. The concept being promoted by Prof Stren emphasizes the importance of citizen engagement and involvement in shaping urban policies for better outcomes. Lagos must thus learn to involve its entire population in both dialogue, decision-making and policy implementation and program formulation and enforcement, because ownership inspires responsibility.

• FINAL WORDS:

Successful governance in large cities like Lagos often depends on participatory governance, where those affected by policies are actively involved in their creation and implementation. This approach enhances trust and legitimacy, results in better-informed and more equitable policies, reduces resistance and improves compliance, and leads to more effective policy outcomes by incorporating diverse perspectives and anticipating implementation challenges. Lagos must rise above ethnic exclusivity and regulatory rigidity and embrace what truly makes a city great: diversity of thought, equity in inclusion, and innovation in governance. Mega-cities like Lagos do not thrive merely because of size or resources; they succeed because they are inclusive, dynamic, and pragmatic in leadership. It is time for Lagos to match its demographic and economic prominence with the quality of governance it deserves. Anything short of this is a missed opportunity, not just for Lagosians but for Nigeria.

Long live Lagos State!

Respectfully,

Sylvester Udemezue (Udems),

Proctor, The Reality Ministry of Truth, Law and Justice (TRM).

Tel: +2348021365545

Email: mails@therealityministry.ngo | udems@therealityministry.ngo

Website: www.therealityministry.ngo.

Date: 29 June 2025.