Land Use Act
Chapter
202
Laws of the Federation of Nigeria 1990
Arrangement of Sections
Part I
General
1.
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Vesting of
land in the state.
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2
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Control
and management of land advisory bodies.
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3
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Designation
of urban areas.
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4.
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Applicable
law for the interim management of land.
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Part II
Principles of Land tenure
5.
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Powers of
the Governors in relation to land.
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6.
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Powers of
Local Government in relation to land not in urban areas.
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7.
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Restriction
on right of person under age of 21.
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8.
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Special
contracts.
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9.
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Certificate
of occupancy.
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10.
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Conditions
and provisions implied in certificate of occupancy.
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11.
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Power of
Governor or public officer to enter and inspect land and improvement.
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12.
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Power of
Governor to grant licences to take building materials.
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13.
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Duty of
occupier of statutory right of occupancy to maintain beacons.
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14.
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Exclusive
rights of occupiers.
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15.
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The right
to improvements.
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Part III
Rents
16
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Principles
to be observed in fixing and revising rents.
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17
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Power of
Governor to grant rights of occupancy free of rent or at reduced rent.
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18
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Acceptance
of rent not to operate as a waiver of forfeiture.
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19
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Penal
rent.
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20
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Additional
Penal rent for unlawful alienation.
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Part V
Revocation of Right of Occupancy and compensation thereof
21.
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Prohibition
of alienation of customary right of occupancy except with requisite consent
or approval..
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22.
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Prohibition
of alienation of statutory right of occupancy without consent of Governor.
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23.
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Sub-underleases.
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24.
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Devolution
of rights of occupancy on death.
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25.
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Effect of
deed or will where non- customary law applies.
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26.
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Null and
void transactions and instruments.
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27.
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Surrender
of statutory rights of occupancy.
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Part VI
Revocation of Rights of Occupancy and Compensation therefor
28.
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Power of
Governor to revoke rights of occupancy.
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29.
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Compensation
payable on revocation of right of occupancy by Governor in certain cases.
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30.
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Reference
of dispute as to compensation.
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31
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Exclusion
of the application of the public Land Acquisition (Miscellaneous Provisions)
Act 1976.
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32
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Debt due
to Government not extinguished by revocation.
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33
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Option to
accept re-settlement in case of revocation of right of occupancy.
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Part VI
Transitional and other relative provisions
34.
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Transitional
provisions on land in urban areas.
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35.
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Compensation
for improvements in certain cases.
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36.
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Transitional
provisions on land not in urban areas.
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37.
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Penalty
for false claims etc. in respect of land.
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38.
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Preservation
of power of Governor to revoke rights of occupancy.
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Part VII
Jurisdiction of High Courts and other Courts
39.
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Jurisdiction
of High Courts.
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40
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Special
provisions in respect of pending proceedings.
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41
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Jurisdiction
of area Courts or customary courts, etc.
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42.
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Proceedings
for recovery of rent in respect of certificate of occupancy, etc.
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Part VIII
Supplemental
43.
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Prohibition
and penalties for unauthorised use of land.
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44
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Service of
notices.
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45
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Delegation
of powers.
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46
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Power to
make regulations.
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47
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Exclusion
of certain proceedings.
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48
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Modification
of existing laws
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49
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Exemption
with respect to Federal Government lands etc.
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50
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Validity
of Laws, etc.
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51
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Interpretation.
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52
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Citation.
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Land Use Act
Chapter
202
Laws of the Federation of Nigeria 1990
An Act to
Vest all Land compromised in the territory of each State (except land vested in
the Federal government or its agencies) solely in the Governor of the State ,
who would hold such Land in trust for the people and would henceforth be
responsible for allocation of land in all urban areas to individuals resident
in the State and to organisations for residential, agriculture, commercial and
other purposes while similar powers will with respect to non urban areas
are conferred on Local Governments.(27th March 1978)
Commencement.
29th March 1978
Part I
General
1.
Subject to the provisions of this Act, all land comprised in the territory of
each State in the Federation are hereby vested in the Governor of that State
and such land shall be held in trust and administered for the use and common
benefit of all Nigerians in accordance with the provisions of this Act.
2.
(1) As
from the commencement of this Act -
(a)
all land in urban areas shall be under the control and management of the
Governor of each State. And
(b)
all other land shall, subject to this Act, be under the control and management
of the Local Government, within the area of jurisdiction of which the land is
situated.
(2)
There shall be established in each State a body to be known as "the Land
Use and Allocation Committee" which shall have responsibility for:-
(a)
advising the Governor on any matter connected with the management of land to
which paragraph (a) of subsection (1) above relates;
(b)
Advising the Governor on any matter connected with the resettlement of persons
affected by the revocation of rights of occupancy on the ground of overriding
public interest under this Act; and
(c)
determining disputes as to the amount of compensation payable under this Act
for improvements on land.
(3)
The Land Use and Allocation Committee shall consist of such number of persons
as the Governor may determine and shall include in its membership:-
(a)
not less than two persons possessing qualifications approved for appointment to
the public service as estate surveyors or land officers ad who have had such
qualification for not less than five years; and
(b)
a legal practitioner.
(4)
The Land Use and Allocation Committee shall be presided over by such one of its
members as may be designated by the Governor and, subject to such directions as
may be given in the regard by the Governor, shall have power to regulate its
proceedings.
(5)
There shall also be established for each Local Government a body to be known as
"the Land Allocation Advisory Committee" which shall consist of such
persons as may be determined by the Governor acting after consultation with the
Local Government and shall have responsibility for advising the Local
Government on any matter connected with the management of land to which
paragraph (b) of subsection (1) above relates.
3.
Subject to such general conditions as may be specified in that behalf by the
National Council of States, the Governor may for the purposes of this Act by
order published in the State Gazette designate the parts of the area of the
territory of the State constituting land in an urban area.
4.
Until other provisions are made in that behalf and, subject to the provisions
of this Act, land under the control and management of the Military Governor
under this Act shall be administered -
(a)
in the case of any State where the Land Tenure Law of the former Northern
Nigeria applies; in accordance with the provisions of that law; and
(b)
in every other case, in accordance with the provisions of the State Land Law
applicable in respect of State Land in the State, and the provisions of the
Land Tenure Law or the State Land Law, as the case may be, shall have effect
with such modification as would bring those laws into conformity with this Act
or its general intendment.
Part II
Principles of Land Tenure, Powers of Governor and
Local Governments, and Rights of Occupiers
5.
(1)
It shall be lawful for the Governor in respect of land, whether or not in an
urban areas:-
(a)
to grant statutory rights of occupancy to any person for all purposes;
(b)
to grant easements appurtenant to statutory rights occupancy;
(c)
to demand rental for any such land granted to any person.
(d)
to revise the said rental -
(i)
at such intervals as may be specified in the certificate of occupancy; or
(ii)
where no intervals are specified in the certificate or occupancy at any time
during the term of the statutory rights of occupancy;
(e)
to impose a penal rent for a breach of any covenant in a certificate of
occupancy requiring the holder to develop or effect improvements on the land
the subject of the certificate of occupancy and to revise such penal rent as
provided in section 19 of this Act
(f)
to impose a penal rent for a breach of any condition, express or implied, which
precludes the holder of a statutory right of occupancy from alienating the
right of or any part thereof by sale, mortgage, transfer or possession,
sub-lease or request or otherwise howsoever without the prior consent of the
Governor;
(g)
to waive. Wholly or partially, except as otherwise prescribed; all or any
of the covenant or conditions of which a statutory right of occupancy is
subject where, owing to special circumstances, compliance therewith would be
impossible or great hardship would be imposed upon the holder;
(h)
to extend except as otherwise prescribed, the time to the holder of a statutory
right of occupancy for performing any of the conditions of the right of
occupancy upon such terms and conditions as he may thing fit.
(2)
Upon the grant of a statutory right of occupancy under the provisions of
subsection (1) of this section all existing rights to the use and occupation of
the land which is the subject of the statutory right of occupancy shall be
extinguished.
6.
(1)
It shall be lawful for a Local Government in respect of land not in an urban
area.
(a)
to grant customary rights of occupancy to any person or organisation for the
use of land in the Local Government areas for agricultural residential and
other purposes.
(b)
to grant customary right of occupancy to any person or organisation for the use
of land for grazing purposes and such other purposes ancillary to agricultural
purposes as may be customary in the Local Government area concerned.
(2)
No single customary right of occupancy shall be granted in respect of an
area of land in excess of 500 hectares if granted for agricultural purposes, or
5,000 hectares if granted for grazing purposes, except with the consent of the
Governor.
(3)
It shall be lawful for a Local Government to enter upon, use and occupy for
public purposes any land within the area of its jurisdiction which is not
(a)
land within an area declared to be an urban area pursuant to Section 3 of this
Act;
(b)
the subject of a statutory right of occupancy;
(c)
within any area compulsorily acquired by the Government of the Federal or of
the State concerned;
(d)
the subject of any laws relating to minerals or mineral oils, and for the
purpose to revoke any customary right of occupancy on any such land.
(4)
The Local Government shall have exclusive rights to the lands so occupied
against all persons except the Governor.
(5)
The holder and the occupier according to their respective interests of any
customary right of occupancy revoked under sub-section (2) shall be entitled to
compensation for the value at the date of revocation of their unexhausted
improvements.
(6)
Where land in respect of which a customary right of occupancy is revoked under
this Act was used for agricultural purposes by the holder, the Local Government
shall allocate to such holder alternative land for use for the same purpose.
(7)
If a Local Government refuses or neglects within a reasonable time to pay
compensation to a holder and an according to their respective interests under
the provisions of subsection (5), the Military Governor may proceed to the
assessment of compensation under section 29 and direct the Local Government to
pay the amount of such compensation to the holder and occupier according to
their respective interests.
7.
It shall not be lawful for the Governor to grant a statutory right of occupancy
or consent to the assignment or subletting of a statutory right of occupancy to
a person under the age of twenty-one years; Provided that -
(a)
Where a guardian or trustee for a person under the age of 21 has been duly
appointed for such purpose the Governor may grant or consent to the assignment
or subletting of a statutory right of occupancy to such guardian or trustee on
behalf of such person under age;
(b)
a person under the age of twenty-one years upon whom a statutory right of
occupancy devolves on the death of the holder shall have the same liabilities
and obligations under and in respect of his right of occupancy as if he were of
full age notwithstanding the fact that no guardian or trustee has been
appointed for him.
8.
Statutory right of occupancy granted under the provisions of section 5
(1) (a) of this Act shall be for a definite term and
may be granted subject to the terms of any contract which may made by the
Governor and the holder not being inconsistent with the provisions of this Act.
9.
(1)
It shall be lawful for the Governor--
(a)
when granting a statutory right of occupancy to any personal or
(b)
when any person is in occupation of land under a customary right of occupancy
and applies in the
prescribed manner; or
(c)
when any person is entitled to a statutory right of occupancy, to issue a
certificate under his hand in
evidence of such right of occupancy.
(2)
Such certificate shall be termed a certificate of occupancy and there shall be
paid therefore by the
person in whose name it is issued,
such fee (if any) as may be prescribed.
(3)
If the person in whose name a certificate of occupancy is issued, without
lawful excuse, refuses or
neglects to accept and pay for the
certificate, the Governor may cancel the certificate and
recover from such person any
expenses incidental thereto, and in the case of a certificate evidencing a
statutory right of occupancy to be
granted under paragraph (a) of subsection (1) the Governor
may revoke the statutory right of
occupancy.
(4)
The terms and conditions of a certificate of occupancy granted under this Act
and which has been
accepted by the holder shall be
enforceable against the holder and his successors in title,
notwithstanding that the acceptance
of such terms and condition is not evidenced by the signature of
the holder or is evidenced by the
signature only of some person purporting to accept on behalf of the
corporation.
10.
Every certificate of occupancy shall be deemed to contain provisions to the
following effect:-
(a)
that the holder binds himself to pay to the Governor the amount found to be
payable in respect of any unexhausted improvements existing on the land at the
date of his entering into occupation;
(b)
that the holder binds himself to pay to the Governor the rent fixed by the
Governor and any rent which may be agreed or fixed on revision in accordance
with the provisions of section 16 this Act.
11.
The Governor or any public officer duly authorised by the Governor in that
behalf shall have the power to enter upon and inspect the land comprised in any
statutory right of occupancy or any improvements effected thereon at any
reasonable houses in the day time and the occupier shall permit and give free
access to the Governor or any such officer so to enter and inspect.
12.
(1)
It shall be lawful for the Governor to grant a licence to any person to enter
upon any land which is not
the subject
of a statutory right of occupancy or of a mining lease, mining right or
exclusive prospecting
licence
granted under the Minerals Act or any other enactment, and remove or extract
therefrom any
stone,
gravel, clay, sand or other similar substance (not being a mineral within the
meaning assigned
to that term in the Mineral Act)
that may be required for building or for the manufacture of building materials.
(2)
Any such licence may be granted for such period and subject to such conditions
as the Military
Governor may thing proper of
as may be prescribed.
(3)
No such licence shall be granted in respect of an area exceeding 400 hectare.
(4)
It shall not be lawful for any licensee to transfer his licence in any manner
whatsoever without
the consent of the Governor first
had and obtained, and any such transfer effected without the
consent of the Governor shall be
null and void.
(5)
The Governor may cancel any such licence if the licensee fails to comply with
any of the
conditions of the licence.
13.
(1) The
Occupier of a statutory right of occupancy shall at all times maintain in good
and substantial
repair to
the satisfaction of the Governor, or of such public officer as the Military
Governor
may appoint
in that behalf, all beacons or other land marks by which the boundaries of the
land
comprised in
the statutory right of occupancy are refined and in default of his so dong the
Military
Governor or
such public officer as aforesaid may by notice in writing require the occupier
to define the
boundaries
in the manner and within the time specified in such notice.
(2)
If the occupier of a statutory right of occupancy fails to comply with a notice
served under subsection
(1)of this section he shall be
liable to pay the expenses (if any) incurred by the Governor in defining the
boundaries which the occupier has neglected to define.
14.
Subject to the other provision of this Act and of any laws relating to way
leaves, to prospecting for minerals or mineral oils or to mining or to oil
pipelines and subject to the terms and conditions of any contract made under
section, the occupier shall have exclusive rights to the land the subject of
the statutory right of occupancy against all persons other than the Governor.
15.
During the term of a statutory right of occupancy the holder -
(a)
shall have the sole right to and absolute possession of all the improvements of
the land;
(b)
may, subject to the prior consent of the Governor, transferor, assign or
mortgage any improvements on the land which have been effected pursuant to the
terms and conditions of the certificate of occupancy relating to the land.
Part III
Rents
16.
In determining the amount of the original rent to be fixed for any particular
land and the amount of the revised rent to be fixed on any subsequent revision
of rent, the Governor -
(a)
Shall take into consideration rent previously fixed in respect of any other
like land in the immediate neighbourhood, and shall have regard to all the
circumstances of the case;
(b)
shall not take into consideration any value due to capital expended upon the
land by the same or any previous occupier during his term or terms of
occupancy, or ay increase in the value of the land the rental of which is under
consideration, due to the employment of such capital.
17.
(1) The Governor
may grant a statutory right of occupancy free of rent or at a reduced rent in
any case in
which he is
satisfied that it would be in the public interest to do so.
(2)
Where a statutory right of occupancy has been granted free of rent the Governor
may, subject to the express provisions of the certificate of occupancy,
nevertheless impose a rent in respect of the land the subject of the right of
occupancy if and when he may think fit.
18.
Subject to the provisions of sections 20 and 21, the acceptance by of or
behalf of the Governor of any rent shall not operate as a waiver by the
Governor of any forfeiture accruing by reason of the breach of any covenant or
condition, express or implied, in any certificate of occupancy granted under
this Act.
19. (1)
When in any certificate of occupancy
the holder has covenanted to develop or effect improvements on the land the
subject of the certificate of occupancy and has committed a breach of such
covenant the Governor may
(a)
at the time of such breach or at any time thereafter so long as the breach
remains unremedied, fix a
penal rent which shall be payable
for twelve months from the date of such breach; and
(b)
on the expiration of twelve months from the date of such breach and on the
expiration of every
subsequent twelve months so long as
the breach continues revise the penal rent to be paid.
(2)
Such penal rent or any revision thereof shall be in addition to the rent
reserved by the certificate of
occupancy and shall be recoverable
as rent:
Provided that the first penal rent
fixed shall not exceed the rent so reserved and any revised penal rent
shall not exceed double the
penal rent payable in respect of the twelve months preceding the date of
revision.
(3)
If the Governor fixes or revises a penal rent he shall cause a notice in
writing to be sent to the holder informing him of the amount thereof and
the rent so fixed or revised shall commence to be payable one calendar moth
from the date of the receipt of such notice.
(4)
If the breach for which a penal rent has been imposed is remedied before the
expiration of the period for which such rent has been paid, the Governor may in
his discretion refund such portion of the penal rent paid for such period as he
may think fit.
(5)
The fact that a penal rent or a revised penal rent has been imposed shall not
preclude the Military Governor, in lieu of fixing a subsequent penal rent, from
revoking the statutory right of occupancy.
Provided
that the statutory right of occupancy shall not be revoked during the period
for which a penal
rent has
been paid.
20. (1) If there
has been any breach of any of the provisions of section 22 or 23 the Governor
may in lieu of revolving the statutory right of occupancy concerned demand
that the holder shall pay an additional and penal rent for and in
respect of each day during which the land subject of the statutory right
of occupancy or any portion thereof or any building or other works
erected thereon shall be or remain in the possession, control or occupation of
any person whomsoever other than the holder.
(2)
The acceptance by or on behalf of the Governor of any such additional and penal
rent shall not operate as a waiver by the Governor of any breach of section 22
or 23 which may continue after the date up to and in respect of which such
additional and penal rent has been paid or is due and owing and the Military
Governor shall accordingly be entitled to exercise in respect of any such
continuing breach all or any of the powers conferred upon him by this Act.
Part IV
Alienation and surrender of Rights of Occupancy
21.
It shall not be lawful for any customary right of occupancy or any part thereof
to be alienated by assignment, mortgage, transfer of possession, sublease or
otherwise howsoever -
(a)
Without the consent of the Governor in cases where the property is to be sold
by or under the order of any court under the provisions of the applicable
Sheriffs and Civil Process Law; or
(b)
in other
cases without the approval of the appropriate Local Government.
22.
It shall not be lawful for the holder of a statutory right of occupancy
granted by the Governor to alienate his right of occupancy or any part
thereof by assignment, mortgage, transfer of possession, sublease or
otherwise howsoever without the consent of the Governor first had and obtained:
(1)
Provided that the consent of the Governor-
(a)
shall not be required to the creation of a legal mortgage over a statutory
right of occupancy in favour of a person in whose favour an equitable mortgage
over the right of occupancy has already been created with the consent of the Governor:
(b)
shall not be required to the reconveyance or release by a mortgage to a holder
or occupier of a statutory right of occupancy which that holder or occupier has
mortgaged and that mortgage with the consent of the Governor:
(c)
to the renewal of a sub-lease shall not be presumed by reason only of his
having consented to the grant of a sub-lease containing an option to renew the
same.
(2)
The Governor when giving his consent to an assignment mortgage or sub-lease may
require the holder of a statutory right of occupancy to submit an instrument
executed in evidence of the assignment, mortgage or sub-lease and the holder
shall when so required deliver the said instrument to the Governor in order
that the consent given by the Governor under subsection (1) may be signified by
endorsement thereon.
23. (1)
A sub-lease of a statutory right of occupancy may with the prior consent of the
Governor and with the approval of the holder of the statutory right of
occupancy, demise by way of sub-underlease to another person the land comprised
in the sub-lease held by him or any portion of the land.
(2)
The provisions of subsection (2) shall apply mutatis mutandis to any
transaction effected under subsection (1) of this section as if it were a
sub-lease granted under section 22.
24. The devolution of the rights of an
occupier upon death shall -
(a)
in the case of a customary right of occupancy, (unless non customary law or any
other customary law applies) be regulated by the customary law existing in the
locality in which the land is situated; and
(b)
in the case of a statutory right of occupancy (unless any non customary law or
other customary law applies) be regulated by the customary law of the deceased
occupier at the time of his death relating to the distribution of property of
like nature to a right of occupancy:
Provided that -
(a)
no customary law prohibiting, restricting or regulating the devolution on death
to any particular class of persons or the right to occupy and land shall
operate to deprive any person of any beneficial interest in such land (other
than the right to occupy the same) or in the proceeds of sale thereof to which
he may be entitled under the rule of inheritance of any other customary law;
(b)
a statutory right of occupancy shall not be divided into two or more parts on
devolution by the death of the occupier, except with the consent of the
Governor.
25.
In the case of the revolution or transfer of rights to which any non customary
law applies, no deed or will shall operate to create any proprietary right over
land except that of a plain transfer of the whole of the rights of occupation
over the whole of the land.
26.
Any transaction or any instrument which purports to confer on or vest in any
person any interest or right over land other than in accordance with the
provisions of this Act shall be null and void.
27.
The Governor may accept on such terms and conditions as he may think proper the
surrender of any statutory right of occupancy granted under this Act.
Part V
Revocation of Rights of Occupancy and compensation
therefor
28.
(1) It shall be
lawful for the Governor to revoke a right of occupancy for overriding public
interest.
(2)
Overriding public interest in the case of a statutory right of occupancy
means--.
(a)
the alienation by the occupier by assignment, mortgage, transfer of possession,
sublease, or otherwise of any right of occupancy or part thereof contrary to
the provisions of this Act or of any regulations made thereunder;
(b)
the requirement of the land by the Government of the State or by a Local
Government in the State, in either case for public purposes within 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 or for any
purpose connected therewith.
(3)
Overriding public interest in the case of a customary right of occupancy means
-
(a)
the requirement of the land by the Government of the State or by a Local
Government in the State in either case for public purpose within the State, or
the requirement of the land by the government of the Federation for public
purposes of the Federation.
(b)
the requirement of the land for mining purposes or oil pipelines or for any
purpose connected therewith;
(c)
the requirement of the land for the extraction of building materials;
(d)
the alienation by the occupier by sale, assignment, mortgage, transfer of
possession, sublease, bequest or otherwise of the right of occupancy without
the requisite consent or approval.
(4)
The Governor shall revoke a right of occupancy in the event of the issue of a
notice by or on behalf of the (Head of the Federal Military Government)
if such notice declares such land to be required by the Government for public
purposes.
(5)
The Military Government may revoke a statutory right of occupancy on the ground
of -
(a)
a breach of any of the provisions which a certificate of occupancy is by
section 10 deemed to contain;
(b)
a breach of any term contained in the certificate of occupancy or in any
special contract made under section 8;
(c)
a refusal or neglect to accept and pay for a certificate which was issued in
evidence of a right of occupancy but has been cancelled by the Military
Governor under subsection (3) of section 10.
(6)
The revocation of a right of occupancy shall be signified under the hand of a
public officer duly authorised in that behalf by the Governor and notice
thereof shall be given to the holder.
(7)
The title of the holder of a right of occupancy shall be extinguished on
receipt by him or a notice given under subsection (5) or on such later date as
may be stated in the notice.
29. (1)
If a right of occupancy is revoked for the cause set out in paragraph (b) of
subsection (2) of
section 28 or (c) of subsection (3)
of the same section, the holder and the occupier shall be entitled to
compensation for the value at the date of revocation of their unexhausted
improvements.
(2)
If a right of occupancy is revoked for the cause set out in paragraph (c) of
subsection (2) of section 28 or in paragraph (b) of subsection (3) of the same
section the holder and the occupier shall
be entitled to compensation under the appropriate provisions of the Minerals
Act or the Mineral Oils Act or any
legislation replacing the same.
(3)
If the
holder or the occupier entitled to compensation under this section is a
community the Governor may direct that any compensation payable to it shall be
paid -
(a)
to the community; or
(b)
to the chief or 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 utilised or
applied for the benefit of the community.
(4)
Compensation under subsection (1) of this section shall be, as respects -
(a)
the land, for an amount equal to the rent, if any, paid by the occupier during
the year in which the right of occupancy was revoked;
(b)
building, installation or improvements thereon, for the amount of the
replacement cost of the building, installation or improvement, that is to say,
such cost as may be assessed on the basis of the prescribed method of
assessment as determined by the appropriate officer less any depreciation,
together 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 appropriate officer;
(c)
crops on land apart from any building, installation or improvement thereon, for
an amount equal to the value a prescribed and determined by the appropriate
officer.
(5)
Where the
land in respect of which a right of occupancy has been revoked forms part of a
larger area the compensation payable shall be computed as in subsection (4) (a)
above less a proportionate amount calculated in relation to that part of the
area not affected by the revocation but of which the portion revoked forms a
part and any interest payable shall be assessed and computed in like manner.
(6) Where
there is any building, installation or improvement or crops on the land to
which subsection (5)
applies, then compensation shall be
computed as specified hereunder, that is a respects -
(a)
such land, on the basis specified in that subsection;
(b)
any building, installation or improvement or crops thereon (or any combination
or two or all of those things) on the basis specified in that subsection and
subsection (4) above, or so much of those provisions as are applicable, and any
interest payable under those provisions shall be computed in like manner.
(7)
For the purposes of this section, "installation" means any mechanical
apparatus set up or put in position for use or materials set up in or on land
or other equipment, but excludes any fixture in or on any building.
30.
Where there arises any dispute as to the amount of compensation calculated in
accordance with the provisions of section 29, such dispute shall be referred to
the appropriate Land Use and Allocation Committee.
31.
The provisions of the Public Lands Acquisition (Miscellaneous Provisions) Act
1976 shall not apply in respect of any land vested in, or taken over by, the
Governor or any Local Government pursuant to this Act or the right of occupancy
to which is revoked under the provisions of this Act but shall continue
to apply in respect of land compulsorily acquired before the commencement of
this Act.
32.
The revocation of a statutory right of occupancy shall not operate to
extinguish any debt due to the Government under or in respect of such right of
occupancy.
33.
(1)
Where a right of occupancy in respect of any developed land on which a
residential building has
been erected is revoked under
this Act the Governor or the Local Government, as the case may be, may in his
or its discretion offer in lieu of compensation payable in accordance with the
provisions of this Act resettlement in any other place or area by way of a
reasonable alternative accommodation (if appropriate in the circumstances).
(2)
Where the value of any alternative accommodation as determined by the
appropriate officer of the Land Use and Allocation Committee is higher than the
compensation payable under this Act the parties concerned may by agreement
require that the excess in value in relation to the property concerned shall be
treated as a loan which the person affected shall refund or repay to the
Government in the prescribed manner.
(3)
Where a person accepts a resettlement pursuant to subsection (1) of this
section his right to
compensation shall be deemed to have
been duly satisfied and no further compensation shall be
payable to such person.
Part VI
Transitional and other related provisions
34.
(1)
The following provisions of this section shall have effect in respect of land in
an urban area
vested in
any person immediately before the commencement of this Act.
(2)
Where the land is developed the land shall continue to be held by the person in
whom it was vested immediately before the commencement of this Act as if the
holder of the land was the holder of a statutory right of occupancy issued by
the Governor under this Act.
(3)
In respect of land to which subsection (2) of this section applies there shall
be issued by the Governor on application to him in the prescribed form a
certificate of occupancy if the Governor is satisfied that the land was,
immediately before the commencement of this Act, vested in that person.
(4)
Where the land to which subsection (2) of this section applies was subject to
any mortgage, legal or equitable, or any encumberence or interest valid in law
such land shall continue to be so subject and the certificate of occupancy
issued, shall indicate that the land is so subject, unless the continued
operation of the encumberance or interest would in the opinion of the Governor
be inconsistent with the provisions, or general intendment of this Act.
(5)
Where on the
commencement of this Act the land is undeveloped, then
(a)
one plot or portion of the land not exceeding half hectare in area shall
subject to subsection (6) below, continue to be held by the person in whom the
land was so vested as if the holder of the land was the holder of a statutory
right of occupancy granted by the Governor in respect of the plot or portion as
aforesaid under this Act; and
(b)
all the rights formerly vested in the holder in respect of the excess of the
land shall in the commencement of this Act be extinguished and the excess of
the land shall be taken over by the Governor and administered as provided in
this Act.
(6)
Paragraph (a) of subsection (5) above shall not apply in the case of any person
who on the commencement of this Act also the holder of any undeveloped land
elsewhere in any urban area in the State and in respect of such a person
all his holdings of undeveloped land in any urban area in State shall be
considered together -
(a)
one plot or portion not exceeding 1/2 hectare in area shall continue to be held
by such a person as if a right of occupancy had been granted to him by the
Governor in respect of that plot or portion; and
(b)
the remainder of the land (so considered together) in excess of 1/2 hectare
shall be taken over by the Governor and administered in accordance with this
Act and the rights formerly vested in the holder in respect of such land shall
be extinguished.
(7)
No land to which subsection (5) (a) or (6) above applies held by any person
shall be further subdivided or laid out in plots and no such land shall be transferred
to any person except with the prior consent in writing of the Governor.
(8)
Any instrument purporting to transfer any undeveloped land in contravention of
subsection (7) above shall be void and of no effect whatsoever in law and any
party to any such instrument shall be guilty of an offence and liable on
conviction to imprisonment for one year or a fine of N5,000.
(9)
In relation to land to which subsection (5) (a) or (6) (a) applies there shall
be issued by the Military Governor on application therefore in the prescribed
form a certificate of occupancy if the Military Governor is satisfied that the
land was immediately before the commencement of this Act vested in that person.
35.
(1)
Section 34 of this Act shall have effect notwithstanding that the land in
question was held under a leasehold, whether customary or otherwise, and
formed part of an estate laid out by any person, group or family in whom the
leasehold interest or reversion in respect of the land was vested immediately
before the commencement of this Act so however on, group of family in whom the
leasehold interest or reversion was vested that if there has been any
improvements on the land effected by the person; as aforesaid the Governor
shall, in respect of the improvements, pay to that person, group or family
compensation computed as specified in section 29 of this Act.
(2)
There shall be deducted from the compensation payable under subsection (1) of
this section any levy by way of development or similar charges paid in respect
of the improvements on the land by the lessee to the person, group or family in
whom the leasehold interest or reversion was vested and the amount to be
deducted shall be determined by the Governor taking into consideration all the
circumstances of the case.
36.
(1)
The following provisions of this section shall have effect in respect of land
not in an urban area which
was
immediately before the commencement of this Act held or occupied by any person.
(2)
Any occupier or holder of such land, whether under customary rights or
otherwise howsoever, shall if that land was on the commencement of this Act
being used for agricultural purposes continue to be entitled to possession of
the land for use for agricultural purposes as if a customary right of occupancy
had been granted to the occupier or holder thereof by the appropriate Local
Government and the reference in this subsection to land being used for
agricultural purposes includes land which is, in accordance with the custom of
the locality concerned, allowed to lie fallow for purposes of recuperation of
the soil.
(3)
On the production to the Local Government by the occupier of such land, at his
discretion, of a sketch or diagram or other sufficient description of the land
in question and on application therefore in the prescribed form the Local
Government shall if satisfied that the occupier or holder was entitled to the
possession of such land whether under customary rights or otherwise howsoever,
and that the land was being used for agricultural purposes at the commencement
of this Act register the holder or occupier as one to whom a customary right of
occupancy had been issued in respect of the land in question.
(4)
Where the land is developed, the land shall continue to be held by the person
to whom it was vested immediately before the commencement of this Act as if the
holder of the land was the holder of a customary right of occupancy issued by
the Local Government, and if the holder or occupier of such developed land, at
his discretion, produces a sketch or diagram showing the area of the land so
developed the Local Government shall if satisfied that that person immediately
before the commencement of this Act has the land vested in him register the
holder or occupier as one in respect of whom a customary right of occupancy has
been granted by the Local Government.
(5)
No land to which this section applies shall be sub-divided or laid out in plots
and no such land shall be transferred to any person by the person in whom the
land was vested as aforesaid.
(6)
Any instrument purporting to transfer any land to which this section relates
shall be void and of no effect whatsoever in law and every party to any such
instrument shall be guilty of an offence and shall on conviction be liable to a
fine N5,000 or to imprisonment for 1 year.
37.
If any person other than one in whom any land was lawfully vested immediately
before the commencement of this Act enters any land in purported exercise of
any right in relation to possession of the land or makes any false claim in
respect of the land to the Military Government or any Local Government for any
purpose under this section, he shall be guilty of an offence and liable on
conviction to any imprisonment for one year or to a fine of N5,000.
38.
Nothing in this Part shall be construed as precluding the exercise by the
Governor or as the case may be the Local Government concerned of the powers to
revoke, in accordance with the applicable provisions of this Act, rights of
occupancy, whether statutory or customary, in respect of any land to which this
Part relates.
Part VII
Jurisdiction of High Courts and other Courts
39.
(1) The
High Court shall have exclusive original jurisdiction in respect of the
following proceedings:-
(a)
proceedings in respect of any land the subject of a statutory right of
occupancy granted by the Governor or deemed to be granted by him under this
Act; and for the purposes of this paragraph proceedings include proceedings for
a declaration of title to a statutory right of occupancy.
(b)
proceedings to determine any question as to the persons entitled to
compensation payable for improvements on land under this Act.
(2)
All laws, including rules of court, regulating the practice and procedure of
the High Court shall apply in respect of proceedings to which this section
relates and the laws shall have effect with such modifications as would enable
effect to be given to the provisions of this section.
40.
Where on the commencement of this Act proceedings had been commenced or were
pending in any court or tribunal (whether at first instance or on appeal) in
respect of any question concerning or pertaining to title to any land or
interest therein such proceedings may be continued and be finally disposed of
by the court concerned but any order or decision of the court shall only be as
respects the entitlement of either of the parties to the proceedings to a right
of occupancy, whether statutory or customary, in respect of such land as
provide in this Act.
41.
An area court or customary court or other court of equivalent jurisdiction in a
State shall have jurisdiction in respect of proceedings in respect of a
customary right of occupancy granted by a Local Government under this Act; and
for the purposes of this paragraph proceedings include proceedings for a
declaration of title to a customary right of occupancy and all laws including
rules of court regulating practice and procedure of such courts shall have
effect with such modification as would enable effect to be given to this
section.
42.
(1)
Proceedings for the recovery of rent payable in respect of any certificate of
occupancy may be taken before a Magistrate Court of competent jurisdiction by
and in the name of the Chief Lands Officer or by and in the name of any other
officer appointed by the Governor in that behalf.
(2)
Proceedings for the recovery of rent payable in respect of any customary right
of occupancy may be taken by and in the name of the Local Government concerned
in the area court or customary court or any court of equivalent jurisdiction.
Part VIII
Supplemental
43. (1)
Save as permitted under Section 34 of this Act, as from the commencement of
this Act no person shall in an urban area -
(a)
erect any building, wall, fence or other structure upon; or
(b)
enclose, obstruct, cultivate or do any act on or in relation to, any land which
is not the subject of a right of occupancy or licence lawfully held by him or
in respect of which he has not received the permission of the Governor to enter
and erect improvements prior to the grant to him of a right of occupancy.
(2)
Any person who contravenes any of the provisions of subsection (1) shall on
being requires by the Ministry Governor so to do any within the periods of
obstruction, structure or thing which he may have caused to be placed on the
land and he shall put the land in the same condition as nearly as may be in
which it was before such contravention.
(3)
Any person
who contravenes any of the provisions of subsection (1) shall be guilty of an
offence and liable on conviction to imprisonment for one year or to a fine of N5,000.
(4)
Any person who fails or refuses to comply with a requirement made by the
Governor under subsection (2) Shall be guilty of an offence and liable on
conviction to a fine of #100 for each day during which he makes default in
complying with the requirement of the Governor.
44.
Any notice required by this Act to be served on any person shall be effectively
served on him
(a)
by delivering it to the person on whom it is to be served: or
(b)
by leaving at the usual or last known place of abode of that person: or
(c)
by sending it in a prepaid registered letter addressed to that person at his
usual or last known place of abode: or
(d)
in the case of an incorporated company or body, by delivering it to the
secretary or clerk of the company or body at its registered or principal office
or sending to in a prepaid registered letter addressed to the secretary or
clerk of the company or body at that office.
(e)
if it is not practicable after reasonable inquiry to ascertain the name or
address of a holder or occupier of land on whom it should be served by
addressing it to him by the description of "holder" or
"occupier" of the premises (naming them) to which it relates, and by
delivering it to some person on the premises or, if there is no person on the
premises to whom it con be delivered, by affixing it, or a copy of it, to some
conspicuous part of the premises.
45.
(1)
The Governor may delegate to the State Commissioner all or any of the powers
conferred on the
Governor by this Act, subject to
such restrictions, conditions and qualifications, not being inconsistent with
the provisions, or general intendment, of this Act as the Governor may specify.
(2)
Where the power to grant certificates has been delegated to the State
Commissioner such certificates shall be expressed to be granted on behalf of
the Governor.
46.
(1) The National Council of States may make regulations
for the purpose of carrying this Act into effect and particularly with regard
to the following matters
(a)
the transfer
by assignment or otherwise howsoever of any rights of occupancy, whether
statutory or customary, including the conditions applicable to the transfer of
such rights to persons who are not Nigerians:
(b)
the terms
and conditions upon which special contracts may be made under section 8:
(c)
the grant of
certificates of occupancy under section 9:
(d)
the grant of
temporary rights of occupancy;
(e)
the method
of assessment of compensation for the purposes of section 29 of this Act.
(2)
the Governor may, subject to subsection (1) make regulations with regard to the
following matters:-
(a)
the method of application for any licence or permit and the terms and
conditions under which licences may be granted;
(b)
the procedure to be observed in revising rents;
(c)
the fees to be paid for any matter or thing done under this Act.
(d)
the forms to be used for any document or purposes.
47.
(1) Act shall have effect notwithstanding anything to the
contrary in any law or rule of law including the Constitution of the Federation
or of a State and, without prejudice to the generality of the foregoing, no
court shall have jurisdiction to inquire into:-
(a)
any question concerning or pertaining to the vesting of all land in the
Governor in accordance with the provisions of this Act: or
(b)
any question
concerning or pertaining to the right of the Military Governor to grant a
statutory right of occupancy in accordance with the provisions of this Act; or
(c)
any question
concerning or pertaining to the right of a Local Government to grant a
customary right of occupancy under this Act.
(2)
No court
shall have jurisdiction to inquire into any question concerning or pertaining
to the amount or adequacy of any compensation paid or to be paid under this
Act.
48. All
existing laws relating to the registration of title to, or interest in, land or
the transfer of title to or any interest in land shall have effect subject to
such modifications (whether byway of addition, alteration or omission) as will
bring those laws into conformity with this Act or ifs general intendment.
49.
(1) nothing in
this Act shall affect any title to land whether developed or undeveloped held
by the Federal Government or any agency of the Federal Government at the
commencement of this Act and, accordingly, any such land shall continue to vest
in the Federal Government or the agency concerned.
(2)
In this section, "agency" includes any statutory corporation or any
other statutory body (whether corporate or unincorporated) or any company
wholly-owned by the Federal Government.
50.
(1) notwithstanding anything to the
contrary in this Act or any other enactment. All laws and subsidiary
legislation made at any time between
the commencement of this Act and 30th September 1979 by an
Administrator (or former Governor) the Executive Council, a Commissioner or any
other authority or any public officer of a State shall be deemed to have been
validly made and shall have effect as if they have been under or pursuant to
the Act and accordingly, shall hereafter continue have effect according to
their tenor and intendment as if they were regulations made under or
pursuant to section 46 of this Act.
(2) For the purposes of subsection (1)
of this
section
(a)
all contracts and all executive and judicial acts, including acts pertaining to
the establishment, membership and functions of any Land Use Allocation
Committee or of any other authority or to the appointment of any person,
shall be deemed to have been validly entered into or done and shall hereafter
continue to have effect as provided in the said subsection; and
(b)
any
instrument or other evidence relating to the allocation of any land,
whether or not expressed to have been made under this Act, shall be deemed to
have been validly issued or given under or pursuant to this Act and shall
continue to have effect according to its tenor and intendment
accordingly.
51.
(1)
In this Act, unless the context otherwise requires:- "agricultural
purposes" includes the planting of any crops of economic value:
"appropriate officer"
means the Chief Lands Officer of a state and in the case of the Federal Capital
Territory means the Chief Federal Lands Officer;
"customary
right of occupancy" means the right of a person or community lawfully
using or occupying
land in
accordance with customary law and includes a customary right of occupancy
granted by a
Local
Government under this Act.
"developed
land" means land where there exists any physical improvement in the nature
of road
development
services, water, electricity, drainage, building, structure or such improvement
that may
enhance the
value of the land for industrial, agricultural or residential purposes;
“easement"
means a right annexed to land to utilize other land in different holding in a
particular manner
(not
involving the taking of any part of the natural produce of that land or of any
part of its soil) or to
prevent the
holder of the other land from utilizing his land in a particular
manner;
"Government"
means the Government of the Federation or the Government of a State;
"grazing
purposes" includes only such agricultural operations as are required for
growing fodder for
livestock on
the grazing area;
"High
Court" means the High Court of the State concerned;
"holder" in relation to a
right of occupancy, means a person entitled to a right of occupancy and
includes any person to whom a right of occupancy has been validly assigned or
has validly passed on the death of a holder but does not include any person to
whom a right of occupancy has been sold or transferred without a valid
assignment, nor a mortgagee, sub lessee or sub-under lessee;
"improvements" or
"unexhausted improvements" means anything of any quality
permanently attached to the land, directly resulting from the expenditure
of capital or labour by an occupier or any person acting on his behalf, and
increasing the productive capacity, the utility or the amenity thereof and
includes buildings. plantations of long lived crops or trees, fencing, wells,
roads and irrigation or reclamations works, but does not include the result of
ordinary cultivation other than growing produce: "interest at the
bank rate" means a simple interest payable at the rate per cent per
annum at which the Central Bank of Nigeria will rediscount bills of exchange;
"Local Government" means
the appropriate Local Government or any other body having or exercising the
powers of a Local Government as provided by law in respect of the area where
the land in question is situated;
"Governor" means the
Governor of the State concerned;
"mortgage" includes a
second and subsequent mortgage and equitable mortgage;
"occupier" means any
person lawfully occupying land under customary law and a person using or
occupying land in accordance with customary law and includes the sub-under
lessee of a holder;
"public purposes"
includes:-
(a)
for exclusive Government use or for general public use;
(b)
for use by any body corporate directly established by law or by any body
corporate registered under the Companies Act 1968 as respects which the
Government owns shares, stocks or debentures;
(c)
for or in connection with sanitary improvements of any king;
(d)
for obtaining control over land contiguous to any part or over land the value
of which will be enhanced by the construction of any railway, road or other
public work or convenience about to be undertaken or provided by the
Government;
(f)
for obtaining control over land required for or in connection with mining
purposes;
(g)
for obtaining control over land required for or in connection with planned
urban or rural development or settlement;
(h)
for obtaining control over land required for or in connection with economic,
industrial or agricultural development;
"statutory right of
occupancy" means a right of occupancy granted by the Governor under this
Act;
"urban area" means such
area of the state as may be designated as such by the Governor pursuant to
section 3 of this Act;
"sub-lease"
includes sub-underlesse.
(2)
The powers of a Governor under this Act shall, in respect of land comprised in
the Federal Capital Territory or any land held or vested in the Federal
Government in any State, be exercisable by the Head of the Federal Military
Government or any Federal Commissioner designated by him in that behalf and
references in this Act to Governor shall be construed accordingly.
52.
This Act may be cited as the Land Use Act 1978.
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