Refer cases of landlords, tenants to mediation – constitutional lawyer

A Lagos-based Constitutional Lawyer, Mr Spurgeon Ataene, on Wednesday, underscored the need for a referral of tenancy matters to Alternative Dispute Resolution (ADR) channels to ensure speedy resolution.

Ataene told the News Agency of Nigeria (NAN) that cases involving landlords and tenants, dragged on for too long in courts, largely due to the “penchant” of some defence counsels, to delay trials to “buy” time for their clients.

He, consequently, urged that it became instructive to refer cases bordering on tenancy to mediation channels, to create personal interface with both landlord and tenant.

According to him, this will better fast-track the justice process and likely created a win-win situation.

“Landlord and tenant cases drag on for too long because of the penchant of defence counsels to delay same for their clients to find alternative accommodation

“Laws are not the problem. The problem we face is implementation of these laws and a repetition of existing laws

“Section 15 of the Tenancy Laws of Lagos State for instance, seeks to abridge the time within which a tenant should vacate the premises if his tenancy has expired and he appears to have abandoned the premises,” Ataene said.

According to him, the frosty relationship between landlords and tenants often are responsible for such abandonment.

“Unfortunately, some magistrates are often reluctant to outrightly terminate such tenancy, even with an originating application from a landlord.

“It is, therefore, my suggestion that in every magisterial district, there should be established mediation centres backed by law to informally intervene in the disputes between a landlord and tenant.

“After deliberations reached here, if no amicable settlement results, will form the basis of possible litigation in court.

“This will save time and enable the magistrate to reach a verdict timeously,” he said.

Ataene stressed the need for landlords by the same medium, to be enlightened as to the unruly removal of the roof of their tenants in a bid to forcefully eject them

He said that when such awareness was brought to public domain by way of radio and television jingles, it would assist in reducing the friction between landlords and tenants. (NAN)