A right to acquire and own property is enshrined in the Constitution and thus forms one of the strong foundations of Nigerian legal and social systems. Every Nigerian citizen has, by this right, the capability to acquire and hold an immovable property, such as land or buildings, anywhere in the country. This right, however, is not absolute. It is at the mercy of state Governors/FCT minster, who have the power to revoke land titles under specific legally recognized circumstances.
This article reviews the constitutional basis for land ownership, the statutory power of the Governor/Minister of the FCT to revoke titles, and the consequences of such revocation on the citizenry and the real estate market. The fact that there has been a mass revocation of titles of lands in the Federal Capital Territory due to non-payment of ground rents and failure of development of the said lands brings this matter to the fore.
Right to Property Ownership by Citizens
The Constitution guarantees that every Nigerian has the right to acquire and own property anywhere in Nigeria. In view of this, the law frowns on compulsory acquisition of land without paying compensation promptly and having access to the property to determine what compensation is appropriate.
Yet the Land Use Act 1978 (“the Act”) creates a dent on absolute ownership when all lands in a state became vested in the Governor as trusted for the people. Thereby, a Nigerian cannot actually own land as they had just possess a right of occupancy by such ownership, not perpetuated. Such right issued or deemed by a C of O can either be customary/ statutory and can either emanate from the governor directly and/or other local authority(s).
The Governor/FCT Minister’s Power of Revocation of Land Titles
A very key consequence or implication of the non-absolute nature of land ownership in Nigeria is the governor’s right to revoke titles over land. This he does, essentially, under two main conditions:
- Overriding Public Interest:
The right of occupancy may be revoked by the Governor for such purposes as may be in public interest, mining, or other infrastructure needs. However, such public interest shall be expressly stated in the notice of revocation for such to be in compliance with the law. Anything done outside this is subject to be nullified by the courts.
- Breach of Terms of Occupancy:
Revocation can also be done when the landowner fails to comply with the terms and conditions stipulated in the Certificate of Occupancy. Such failure to comply may include non-payment of fees, contravention of statutory provisions, or failure to develop land within a specified period.
Legal Procedure for Revocation
Any revocation should be done through a summarized process, thus being recognized in law. The Act thus provides that the notice of revocation be signed by a competent public officer to be served on the land owner. This serves to inform the landowner for his relocation and the beginnings of compensation, and thereupon, such an act is started. Without following this stated procedure, such a move is null and void.
Landowners can dispute the revocation of their rights in court, and several judicial precedents have invalidated revocations for failure to meet the requirements under the law or failure to serve a valid public purpose.
Balancing Public Interest and Property Rights
The power of the Governor to revoke land titles is essential in land management and urban planning. It ensures that land is used efficiently and that it serves the interest of the broader community. It aids in infrastructural development, preventing the hoarding of land and ensuring equal distribution of resources.
However, this has the potential for a high level of abuse. Arbitrary or politically motivated revocations undermine land tenure security and deter investment in the real estate sector. Besides, revocation without due process violates constitutional rights, displaces communities, and retards economic growth.
Reforming the Revocation Process
In balancing the rights of landowners and the government’s responsibility to manage land effectively, reforms are called for. These include:
- Transparent Procedures: Establishing clear, standardized guidelines for revocation, including mandatory public hearings and detailed documentation of decisions.
2.Pre-Revocation Engagement: Introducing a robust consultation process to give landowners adequate notice and opportunities to address violations or concerns.
3.Graduated Sanctions: Implementing alternative enforcement measures, such as fines or conditional approvals, before resorting to revocation.
4.Oversight Mechanisms: Enhancing accountability through independent oversight bodies to monitor the exercise of revocation powers.
The power of the Governors to revoke land titles is two-edged. While the same is salient for promoting the public good and sustainable management of land, its abusive application may lead to far-reaching social and economic consequences. A balanced approach that respects property rights, adheres to due process, and prioritizes public interest is crucial in fostering a fair and efficient land administration system in Nigeria.
This article provides a general overview of the subject. Please contact us directly for any specific legal assistance.