The Revocation of Rights Of Occupancy Of Land Under Nigerian Law

This article will be dealing with the revocation of rights of occupancy under Nigerian law, particularly :-

– The extent of a governor’s power to revoke titles of occupancy under Nigerian law

– Overriding Public Interests

– Compensation payable on revocation of rights of occupancy under Nigerian law

What is the extent of a governor’s power to revoke rights of occupancy under Nigerian law?

– It shall be lawful for a governor to revoke a right of occupancy for overriding public interests.

– The governor shall revoke a right of occupancy in the event of the issue of a notice by or on behalf of the president if such notice declares such land to be required by the Federal Government for public purposes.

What exactly are overriding interests?

– Overriding public interests in the case of a statutory of occupancy means :-

a). The alienation by the occupier contrary to the provisions of the act or any regulations.

b). The requirement of the land by the governor of the state, or the requirement of the land by the government of the federation for public purposes of the federation.

c). The requirement of the land for mining purposes or oil pipelines.

– Overriding public interests in the case of a customary right means :-

a). The requirement of the land by a governor or local government of the state, in either case for public purposes within the state, or the requirement of the land by the Federal Government for public purposes of the Federation.

b). The requirement of the land for mining purposes or oil pipelines.

c). The requirement of the land for the extraction of building materials.

d). The alienation by occupier without the consent required.

What are the grounds for the revocation of a statutory right of occupancy?

– The governor may revoke a statutory right of occupancy on the grounds of :-

a). A breach of any of the provisions which a certificate of occupancy is by the Land Use Act deemed to contain.

b). A breach of any term contained in the certificate of occupancy or in any contract made under the Act. 

c). A refusal or neglect to accept and pay for a certificate which was issued on evidence of a right of occupancy buy has been cancelled by the governor. 

What is the provision of law on compensation payable on revocation of a right of occupancy by a governor?

– If a right is revoked for the reasons mentioned above (public purposes), the holder and the occupier shall be entitled to compensation for the valie at the date of revocation of their inexhausted improvements.

– Where mining or oil pipelines are involved, the holder and occupier shall be entitled to compensation under the appropriate provisions of the Mineral & Mining Act or the Petroleum Industry Act or subsidiary/subsequent regulations.

– If the holder or the occupier entitled to compensation under the

Land Use Act is a community tje governor may direct that any compensation payable to it shall be paid :-

a) . To the community

b). To the chief of leader of the community to be disposed of by him for the benefit of the community in accordance with the applicable customary law, or

c). Into some fund specified by the governor for the purpose of being utilized or applied for the benefit of the community.

What exactly is the extent of compensation applicable under Nigerian law?

– Compensation shall be as respects:-

a). The land, for an amount equal to the rent,if any, paid by the occupier being the year in which the right of occupancy was revoked. 

b). Buildings, installation or improvements thereon, for the amount of the replacement of the building, installation or improvement, i.e. such cost as may be assessed on the basis of the prescribed method of assessment as determined less ant depreciation, togerher with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the government.

What is the provision of law on the reference of disputes as to compensation?

– Where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of the Land Use Act, such dispute shall be referred to the appropriate Land Use Allocation & Committee .

– Debts due to the government will not be extinguished by a revocation concerning such right of occupancy.

What is the extent of the governor’s powers to offer resettlement in case of revocation of a right of occupancy in lieu of compensation?

– An offer of resettlement in lieu of compensation based on the discretion of a state governor or local government chairman.

– Where the resettlement value is higher than the monetary value of the original landed property being the subject of a revocation, the balance will be automatically taken as a loan from the state government.