Need for proper revocation of land, proper titling

Following the recent jaw-jaw regarding the revocation of land in the FCT there is need for understanding of the proper procedure regarding same.

Revocation of a right of occupancy can only be done if that right to land was legally acquired, and the procedure is clearly outlined in Section 28 of the Land Use Act of Nigeria(LUA).

All revocations must be for public purposes as contained in Section 51 of the same Act, so revocation is a legal procedure of dispossessing land from an occupant or a holder of a right of occupancy.

However, where the procedures outlined for revocation are not followed it becomes illegal. For instance, where the revocation is not for public purpose it makes the revocation voidable. And where a notice of revocation is not given, in certain circumstances, the revocation would be voidable. And again, where the revocation is done in bad faith it can also be turned own by the courts.

If anyone is not satisfied with the revocation procedure on any land he can go to court because the court has power to adjudicate on issues of revocation pursuant to Section 44 of the Nigerian Constitution that guarantees right to ownership.

What you cannot challenge in court is the amount of compensation to be paid to you, for this you have to go to the Land Use and Allocation Committee.

By the provisions of the Land Use Act all land in each state of Nigeria are being administered by the Governor of that state, and in the FCT it is the President which, the FCT Minister is acting on his behalf.

Land titles that are revocable are three types, it could be a statutory right of occupancy, issued by the state government, or customary right of occupancy issued by the local government, or deemed grant.

Deemed grant involves properties like those our houses in the village, they are not captured but deemed to fall under customary rights.

It is therefore illegal for a governor to revoke a land title, not for public purpose, but to give another individual. In Nigeria there are several instances of abuse of such powers. In 1982 or so in Kano the then governor revoked the property of his predecessor and converted same to the state library.

People are calling for the amendment of the Land Use Act but this law is not being implemented the way it should, are we saying the governors shouldn’t have power over land?

We can only have a stable economy when right to access to land is protected, if you cannot be guaranteed of a secured title investment risks would be high.

Land title is a systematic activity, so the state must have processes that are open and transparent for Nigerians to key into and get their properties titled.

These properties that are deemed to be customary rights, can’t such rights be converted into documented certificates? There has to be a conscious activity by the state and local governments that will prompt people to do that. This would be a big source of revenue that governments have thrown away, its a win-win for all.

Former Gov. Nasiru El-Rufai in Kaduna State introduced the systematic land titling, I don’t know about the implementation, but they try to ensure every property owner is brought into a common pool of titling. He assigned consultants who assigned beacons to each property and then titled it and then added the owner to the Geographic Information System (GIS) pool, this way a document is issued and you will be paying ground rent, this is the way state governments should go.

Esv. Adamu Kasimu is an Estate Surveyor and Valuer  [email protected]

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