BALANCING REFORM AND REALITY: A PRACTICAL PERSPECTIVE ON EBONYI STATE’S BAN ON REAL ESTATE AND LAND AGENTS

BALANCING REFORM AND REALITY: A PRACTICAL PERSPECTIVE ON EBONYI STATE’S BAN ON REAL ESTATE AND LAND AGENTS

By: David G. Enang Esq. MICIArb, AICMC

The recent announcement by the Ebonyi State Government to ban land and estate agents by 1st January 2026 has stirred significant debate across legal, economic, and social circles. As a Legal Practitioner with in-depth understanding of the Nigerian real estate industry, a client portfolio of property owners, real estate firms and new home finders, I find myself at the intersection of law, livelihood, and public interest.

The Ebonyi State policy, while well-intentioned, demands a refined approach to ensure it delivers justice without unintended negative clapbacks.

Understanding the Government’s Rationale

His Excellency, Governor Francis Nwifuru’s administration has cited widespread exploitation by agents who charge exorbitant fees for their services, misrepresent property ownership, inflate rents for personal gains and further increase housing deficit. These are some of the core motivation behind the ban of estate and land agents in Ebonyi.

These concerns by the government of the day are indeed valid. The housing sector in Ebonyi, particularly in Abakaliki, has seen a troubling rise in unaffordability, with agents often acting without regulation or accountability.

From a legal standpoint, the absence of a licensing framework has allowed many unqualified individuals to operate freely, eroding trust and fairness in property transactions. This is not just an Ebonyi State problem but a National problem that requires immediate attention by stakeholders. The Ebonyi State government’s move signals a desire to restore order and protect vulnerable tenants and home finders.

The Role of Agents: Not All Middlemen Are Villains

As a legal practitioner who has preferred legal advice to real estate firms and equally assisted home finders with due diligence and safe property acquisition, I must also acknowledge the indispensable role that professional agents play in the real estate ecosystem.

Some of these roles include:

  1. Market Access: Agents connect buyers and renters to properties they might never find on their own. As an individual, how often do you go around town or even your community looking for houses available for rent, or for landed properties up for sale? That is the market gap agents typically fill.
  2. Due Diligence: Professional and well experienced agents vet tenants, verify ownership documents, and help prevent fraud. As a legal practitioner, I have worked with skilled estate agents who understand their industry. They are not merely agents but professionals. These individuals have taken the extra steps to gain professional trainings about the real estate ecosystem and this knowledge guides their dealings with clients. These are the types of agents home owners and home finders typically want to work with.
  3. Efficiency and ease of stress: An individual who owns multiple properties will understand the key role estate agents play in streamlining negotiations, marketing and visibility of their properties to willing tenants and buyers. This service is very invaluable to landlords or home owners who do not have the luxury of time to manage the multiple properties they own.

A blanket ban risks throwing out the baby with the bathwater. While rogue agents exist, some operate ethically and provide real value to both landlords, tenants, and home finders.

A Call for Structured Reform, Not Elimination

Rather than an outright prohibition, I advocate for a regulated framework that preserves the benefits of agency while eliminating abuse. Just as we have a regulated framework for Middlemen in the purchase and sell of securities (stocks and shares), we can develop a framework that works for the Real Estate Sector.

The Ebonyi State House of Assembly currently has a Rent Regulation Bill on its floor. Here are key recommendations I have for the incoming legislation:

  1. Licensing & Accreditation: The Ebonyi State Government should create a regulatory authority to man the registration of certified agents. Only those who pass background checks, trainings, and ethical reviews should be allowed to operate. The system in Lagos may be used as a case study or guide.
  2. Fee Caps & Transparency: Introduce standardized fee structures that are accessible to members of the public and require agents to disclose all charges upfront. This will prevent price overcharging, pricing unpredictability, and restore trust in the system.
  3. Digital Property Registry: Develop a centralized digital platform where verified property listings are posted by owners or licensed agents. This reduces misinformation and improves access to properties by home finders and tenants.
  4. Tenant Protection Laws: Ensure tenants have accessible and responsive legal recourse against agent exploitation, eviction protocols, and dispute resolution mechanisms.
  5. Public Housing Partnerships: Encourage public-private partnerships to build affordable housing, with incentives for developers who prioritize low-income residents.

CONCLUSION

The Ebonyi State Government has taken a bold step towards housing justice. But boldness must be matched with balance. As a lawyer, I urge lawmakers to craft legislation that is enforceable, fair, and inclusive. I call for systems that support ethical business while protecting the public. I hope for a future where every resident of Ebonyi and all States in Nigeria can access safe and affordable housing, without fear, exploitation, or exclusion.

We must not dismantle the bridge between people and property.

David G. Enang Esq. MICIArb, AICMC is a Legal Practitioner, Construction Industry Arbitrator and an Associate in the Real Estate, Construction and Infrastructure Law Practice Group at Law Corridor.