Revocation of land can be painful. It is more painful when the land has been fully developed or even inhabited.
However, the Land Use Act, which is the major law on lands in Nigeria, vests the ownership of all lands in a state in the governor of that state
Who’s the Real Landlord?
While it appears you “own” the land you’ve acquired through purchase, gift, or inheritance, the legal reality is different. The governor of a state is, in essence, the landlord of all lands in that state.
This unique arrangement is reflected in the 99-year term of a typical Certificate of Occupancy, making you essentially a tenant of the state.
A crucial aspect of land transactions is the need for the Governor’s Consent or that of the FCT Minister (for lands in Abuja). This requirement underscores the state’s authority in regulating land transactions.
This is why, in certain states, there are strict rules on what you can do with land. For instance, purchasing land beside major highways without immediate development may be deemed speculative, and the governor holds the power to revoke such land ownership. Similar authority lies with the FCT Minister in Abuja.
Public Purposes
This is the major reason the government revokes land ownership.
You have validly acquired land, done all the proper documentation, and proceeded to develop it. All of a sudden, you get a notice for revocation, stating what the government intends to do with the land.
The government’s move to revoke your right to the land would be valid if:
- The land is intended for public use
- Ownership is not revoked so that the land can be gifted to a person or a company
- The intent of the land is one that will benefit the public
Note that if the purpose of revoking the land ownership is not for public benefit or purposes, the revocation will be invalid. This position was confirmed by the Supreme Court in Osho & Anor. V. Foreign Finance Corporation (1991) LPELR-2801 (SC)
Compensation for Revocation of Land
The Land Use Act, which empowers the government of a state to revoke land ownership, also mandates that it pays adequate compensation to the affected owner and occupier of such property.
Note that the law only provides for the refund of ground rents for undeveloped land. However, for developed land or farm land, the fair value of the development or crops will be estimated and paid to the affected owner.
Compensation can also take the form of resettlement to a new area or location. Where this is the case, the affected persons would be deemed compensated.
Preventing Revocation: The Power of Due Diligence
Many individuals face land revocation due to their failure to conduct proper due diligence. Conducting thorough searches before property acquisition is essential, ensuring the land is fit for its intended purpose. This involves confirming that the property doesn’t fall within areas earmarked by the government for future developments.
For instance, unknowingly buying land along designated railway lines can be very dangerous, as the risk of future government intervention looms. The key is to ensure your land aligns with earmarked residential or industrial areas.
In the realm of land ownership, the price of freedom is eternal vigilance.
Conclusion
Understanding the intricacies of land revocation is crucial for property owners. With knowledge comes empowerment, enabling individuals to navigate the legal landscape and protect their valuable assets. As the custodian of your land, stay vigilant, conduct due diligence, and ensure your property is not just a piece of earth but a secure investment in your future.
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