Land Use Act

Chapter 202

Laws of the Federation of Nigeria 1990

Arrangement of Sections

Part I

General

Part II

Principles of Land tenure

Part III

Rents

Part V

Revocation of Right of Occupancy and compensation thereof

Part VI

Revocation of Rights of Occupancy and Compensation therefor

Part VI

Transitional and other relative provisions

Part VII

 Jurisdiction of High Courts and other Courts

Part VIII

 Supplemental

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.(27^th March 1978) Commencement.

29^th 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: