land acquisition – by federal & state governments

Q390. Can Service of compulsory acquisition Notice by the Governor on an occupier of land be deemed a sufficient notice?

Where a notice of acquisition of a piece of land or of revocation of a grant in respect of land is duly served on the occupier thereof, in accordance with Section 28 of the Land Use Act, and also being done in a way that does not offend the provisions of Section 44 of the Constitution of the Federal Republic of Nigeria, 199 (as amended), it will be a sufficient. Goldmark (Nig) Ltd. & Ors V. Ibafon Co. Ltd. & Ors (2012) 10 NWLR (Pt. 1308) 291; (2013) All FWLR (Pt. 663) 1830 SC; Wuyah V. Jama’a Local Gov’t, Kafanchan (2013) All FWLR (Pt. 659) 1171 CA; OLOMODA V MUSTAPHA & 3 ORS (2019) HELAR ratio 2

Q391. Do the governments have the right to acquire land compulsorily?

Yes, the State Government (and the Federal Government in the Federal Capital Territory, and the Local Government to a limited extent, for land in non-urban areas) are constitutionally empowered, as provided under **Section 44 of the Constitution of the Federal Republic of Nigeria, 1999, and Sections 28 and 29 of the Land Use Act, Cap L5, Laws of the Federation of Nigeria, 2004, to acquire land compulsorily for overriding public interest upon the payment of the due compensation for the un-exhausted improvements on the land. Goldmark (Nig.) Ltd. V. Ibafon Co. Ltd. (2013) All FWLR (Pt.663)1830; Adegbite & Anor v. Amosu (2016) 15 NWLR (Pt. 1536) 405

Q392. Can Government acquire land compulsorily and later alienate, allot or transfer to individuals for private use?

No, the law does not empower the government to acquire someone’s land compulsorily and have same granted or alienated or transferred to another individual for his private use. Wuyah V. Jama’a Local Gov’t., Kafanchan (2013) All FWLR (Pt. 659) 1171 CA; Ndoma-Egba V. Chukwuogor (2004) All FWLR (Pt. 217) 735; Adole V. Gwer (2008) All FWLR (Pt. 423) 1217; (2008) 11 NWLR (Pt. 1099); Regd. trustees A.C.C v Regd. trustess G.C.C (2021) HELAR ratio 8

Q393. Is it true that the issuance of Notice of Revocation is a condition precedent to valid acquisition of land by government?

Yes, it is true. Valid or effective service of a notice of revocation is a sine quo non to any valid acquisition of land by any government, be it Federal, State or Local government. In government revocation of land title, the owner of the property or title does not get divested of his title until the notice of revocation is served in the manner prescribed by law on him (the original owner). The manner of service of the Revocation Notice as prescribed under Section 28(6) and (7) of the Land Use Act is that the Notice SHALL be given to (served on) the holder(s) of the right of occupancy. This means that mere publication in a government gazette, newspaper or some public announcement is not enough. See Wuyah V. Jama’a Local Gov’t., Kafanchan (2013) All FWLR (Pt. 659) 1171 CA; Provost Lagos State College of Education & Ors. V. Dr. Kolawole Edun & Ors. (2004) 6 NWLR (Pt. 870) 476 at 506; Okeowo V. Attorney-General Ogun State (2010) 16 NWLR (Pt. 1219) 327; Goldmark (Nig) Ltd. & Ors V. Ibafon Co. Ltd. & Ors (2010) 10 NWLR (Pt. 1308) 291; OLOMODA V MUSTAPHA & 3ORS (2019) HELAR ratio 2

Q394. As the Land Use Act has transferred all the land any State of the Federation of Nigeria, with the exception of the Federal Capital Territory, are there other roles reserved for the Federal Government as it relates to land acquisition, use, planning and management?

Yes, there are still many areas left for the Federal Government to play principal roles. These include the responsibilities assigned to it by Section 2 of the Urban & Regional Planning Act 1992 for the formulation of national policies for urban and regional planning and development, etc. etc. under which it was held that Federal Government has exclusive powers in those matters in A.G. Lagos State V. A.G. Federation (2003) 12 NWLR (Pt. 833) 1. Under Section 3 (5) of the Federal High Ways Act, Cap. 135, LFN 2004 the Federal Government holds the levers of power and authority for acquisition of land for road construction and erection of buildings for that purpose, and the State Governors have no power to obstruct it the exercise of its will and powers hereunder. See A.G. Lagos State V. A.G. Federation (2003) 12 NWLR (Pt. 833) 1. Under Section 1 of the same Federal High Ways Act, the Minister for Works & Housing, an agent of the FG, has unfettered powers to plan, research and design Federal High Ways, just as same law, under Sections 21 and 24 empowers the Minister to compulsory acquire for Federal High Way purpose. Other laws that give the Federal Government some very strong say over land in Nigeria include Sections 1 and 7 of the National Boundary Commission Act, Cap. N10 of the LFN 2004, and Sections 7, 9 and 13 of the National Inland Water Ways Act, Sections 16 and 17 of the Nigerian Railway Corporation Act, Cap 323. All of these issues of the responsibilities and powers of the Federal Government over land matters were all settled by the Supreme Court of Nigeria in that case of A. G. Lagos State V. A.G. Federation (supra).