Control And Management Of Land

Question 1

Under section 2 of the land use act what is land divided into

Answer 1

1. Land in Urban Areas
2. Land in Rural Areas

Question 2

The Urban and Rural land in controlled and managed by different tiers

Answer 2

Urban land is the Governor of the state
While Rural is the Local Government

Question 3

Land in Urban area are administered by a body called

Answer 3

The land use and allocation committee which is a creation of section 2(2) of the act

Question 4

The composition of the land use allocation committee

Answer 4

It may consist of the number of persons the governor deems fit. But must have

1. Not less then two persons possessing qualifications as a estate surveyor and Land officer not less then 5 years standing
2. A legal practitioners

Question 5

What are the three systems of land holding created in Nigeria

Answer 5

1) individual Land Holdings
2) State and
3)Federal Land Going by provisions 49 (1-2)

Question 6

What does section 49(1-2)

Answer 6

This refers to land that were owned by the state or federal government before the act was enacted. Whether developed or underdeveloped shall continue to be held by the federal government

Question 7

Who is in charge of urban land

Answer 7

The land use allocation committee created by section 2(2) of the act

Question 8

What is the committee for rural area

Answer 8

Land allocation advisory commission and shall advise the local government on section 2(2) of the act

Question 9

What the responsibility of the Land use act

Answer 9

1. Advising the appropriate authorities in connection to the management of land according to section 2(a)
2. Advising the appropriate authorities on connected with resettlement of persons affected by the revocation of rights of occupancy due to overriding public interest
3. Determining the disputes as to the amount of compensation payable under the act.

Question 10

The land use act created two types of occupancy

Answer 10

1. Statutory right of occupancy
2. Customary right of occupancy

Question 11

Define CRO

Answer 11

“customary right of occupancy” means the right of a person or community lawfully using or occupying land in accordance with customary law and incudes a customary right of occupancy granted by a Local Government under this Act;

Question 12

Define SRO

Answer 12

“statutory right of occupancy” means a right of occupancy granted by the Governor under this Act;

Question 13

Can the govern grant a SRO in a rural area

Answer 13

Yes nothing stops a governor from doing such

Question 14

What is the composition of the land use allowance committee

Answer 14

1. Not less then five years standing land officer and estate surveyor
2. Legal practitioners

Question 15

Responsibility of the committee

Answer 15

The committee has the responsibilities of
(a) advising the appropriate authority on any matter connected with the management of land to which section 2(1) (a) of the Act relates;
(b) advising the appropriate authority on any matter connected with the resettlement of persons affected by the revocation of rights of occupancy on the ground of overriding public interest: and

(c) determining the disputes as to the amount of compensation payable under this Act for improvement on land.

Question 16

Who does section 9 of the land use act empower

Answer 16

It is submitted that in terms of the provision of section 9 of the Act quoted above, a certificate of occupancy is to be issued by the Governor in evidence of a right which already exists as such no right may be granted by means of a certificate of occupancy.
Whether it is a statutory right or it is a customary right it is paid by the person’s whose name is on it.

Question 17

How does the act define C of O

Answer 17

The terms of certificate of occupancy does not have a definition in the act, but it is quite different from a deed of conveniency or assignment, which is an instrument of transfer 

Question 18

How do you prove your right before the governor to determine if the claim is genuine

Answer 18

The Land Use Act provides no guidance as to the kind of evidence that a Governor may act upon or how he/she is to go about the task of investigating the claim of the applicant. However, under the Registration of Titles Law, the Registrar, in addition to advertising the application, must also make enquiries from the neighbourhood and act only on acceptable document of title.

Question 19

Why is advertising a bad means of proving your right before the governor

Answer 19

It should be pointed out that there are no such provisions in the Land Use Act. In the absence of necessary guidelines, governors have discretions and they may act on different evidence including advertisements.* It is submitted that the arrangement under the Land Use Act is unsatisfactory:
A large percentage of Nigerians is still illiterates who may be unable to read or write. If the application is advertised, such category of persons may not know or read with understanding such advertisement for them to enter a caveat. In addition, there are many newspapers in circulation as such, even the literates, at times, may not be aware of when and which newspaper carries the advertisement so as to enter a caveat. The procedure under the Registration of Titles Law is preferred and same is recommended for the purpose of the Land Use Act.

Question 20

Is a C of O conclusive proof of ownership of land

Answer 20

A certificate of occupancy is prima face evidence of exclusive possession of land to which it relates and the onus of proof is on the person who asserts the contrary. It is important to note, however, that a certificate of occupancy is not a conclusive proof of title and ownership of land, as such, the issuance of a certificate of occupancy in respect of any land would not validate any defect in the title of the holder. See
Mrs Mojisola Edebiri v Prince Omotayo Daniel & Anor 2009

Question 21

Can a certificate of occupancy be granted twice

Answer 21

In C.s.S. Bookshops Lid v Registered Trustees of Muslim Community in Rivers State & 3 Ors,4 the Supreme Court emphasised it that the mere grant of a right of occupancy over a land in respect of which there is already a right of occupancy, or an existing interest in favour of another person, does not amount to the revocation of the prior right of occupancy or existing interest. Any person without title to a parcel of land in respect of which the certificate of occupancy is issued acquires no right or interest which he did not have before.

Question 22

Can a customary right owner right be extinguished

Answer 22

Thus, where it is shown that another person has a better right to the grant, the court will set aside the certificate wrongly issued. In the same vein, in First Bank of Nigeria Ple vOkelewu,” it was held that the grant of a certificate of occupancy to a person does not extinguish the right of an existing customary owner. This is because the prior holder is deemed to be the holder of a customary right of occupancy over such a land, unless and until such a prior holder’s interest is revoked a subsequent grant is not valid.

Question 23

Content of certificate of occupancy

Answer 23

Contain section 10 of the act provides for the content of c of o

1. The amount of rent to be paid it’s called ground rent
2. The particular and details to the holder of such certificate
3. The exact description size and location of a land which the certificate covers
4. The certificate must contain the purpose of the grant whether for industrial, connected, residential or mixed development
5. The governors the signature
6. The duration of the grant which is usually 99 years

Question 24

What does Alienation of right to property

Answer 24

Alienation simply means to transfer basic ownership of property or property rights or an conveyance of interest of property to another person

Question 25

What does section 22 deem as unlawful

Answer 25

For a statutory right holder to alienate his right with seeking the consent of the governor first regard and obtain

Question 26

Failure to obtained the consent of the governor when expressly required lead to what?

Answer 26

Revocation of right of occupancy and also invalidate any interest that may have been created

Question 27

What does section 26 that 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.
What does this translate to

Answer 27

That any SRO who does not comply with the provisions of section 22 cannot alienate his interests or transfer them without the consent of the governor

Question 28

What happens if it was discovered that such transfer or property was voluntarily and freely made with the consent of the governor

Answer 28

This will not invalidate the transaction

Question 29

What was stated in Adedeji v National Bank of Nigeria Ltd,7 the Court of Appeal

Answer 29

Subsequent judgements of both the Supreme Court and the Court of Appeal are now in support of equities of a case rather than strict interpretation of Land Use Act which may lead to injustice. In Adedeji v National Bank of Nigeria Ltd,7 the Court of Appeal refused a mortgagor who sought to rely on the provisions of the Land Use Act to invalidate a mortgage to which no governor’s consent had been obtained. The court distinguished the case from Ajilo’s case by noting that the issue was not raised in Ajilo’s case when it came before it.

Question 30

What did the court frown at in Chief Belonwu Unochukwu v Cooperative & Commerce Bank Nigeria

Answer 30

was hot canvassed by the appellant.” The court should
do more than that and move forward to do substantial justice and provide answer to social problems to enable the law to grow.7
However, there is a wave of change and Nigerian courts are now inclined to doing substantial justice rather than relying on technicalities. Thus, in Chief Belonwu Ugochukwu v Cooperative & Commerce Bank Nigeria Lid,” the Supreme Court frowned at conducts similar to that in Allo case. In that case, the appellant sometimes in 1978 obtained loan facilities from the respondent bank. He was not paying the loan and the interest, ten years later the bank informed him of its intention to exercise its right under the mortgage deed to sell the mortgaged property. The appellant promptly filed a suit seeking declaratory reliefs and challenged the validity of the deed of mortgage, on the ground of non-compliance with the Land Use Act

Question 31

How do you terminate right of occupancy

Answer 31

1. Effluxion
2. By surrender
3. Forfeiture or revocation of the evidence breaches any of the conditions of the grant
4. Determination of Rights of Occupancy
   A right of occupancy may be terminated by effluxion of time, surrender, forfeiture or revocation. By effluxion of time, a right of occupancy granted for a definite term terminates automatically upon the expiration of the term granted. In practice, the right of occupancy under the Land Use Act is normally granted for a term of ninety nine (99) years.
   Also, in terms of section 27 of the Act, a holder of statutory right of occupancy may surrender or yield up his interest on the land and the governor may accept the surrender on such terms and conditions as hemay think proper. Also, if a holder of right of occupancy breaches any covenant or condition, express or implied, in any certificate of occupancy granted, the right may be forfeited to the government.

Question 32

Is the right of occupancy granted by the governor whether statutory or customary is not absolute and can be revoked one of the grounds for revocation explain

Answer 32

Section 28 of the Act says that a right of occupancy may be revoked by the governor for overriding public interest. 11 This power is exercisable in respect of either statutory right of occupancy or customary right of occupancy. 2 The power of revocation is also exercisable in respect of right of occupancy granted or deemed granted by the government.!?

Question 33

What does overriding public interest include

Answer 33

For the purpose of section 28 of the Act, overriding public interest includes the following: alienation by the occupier of any right of occupancy or part thereof contrary to the provisions of the Act or any regulations made there under; requirement of the land by the government for public purpose; requirement of the land for mining purposes or oil pipelines or for any purpose connected therewith; and requirement of the land for the extraction of building materials, in the case of customary rights of occupancy.

Question 34

What will happen to any revocation not carried out in compliance with the act

Answer 34

It should be noted that revocation under section 28 of the Act must accord with the intendment of the provisions of the Act. Any exercise of the power of revocation for purposes outside those outlined or enumerated by section 28 of the Act, or not carried out in compliance with the provisions of the section will be against the policy and intention of the Act and will be declared void.
Although the Land Use Act does not expressly state that the specific ground(s) of the revocation of a right of occupancy must be stated in the notice, however, following judicial decisions, where a right of occupancy is stated to be revoked for public purpose, there is the need to spell out the public purpose in the notice of revocation.

Question 35

What was stated in The Administrators/Executors of the Estate of General Sani Abacha (Deceased) v Samuel David Eke-Spiff & 3 Others,

Answer 35

Where is court held that the reallocation in Gen Sami Abacha cannot be seen as an action taken in the overall public interest

Question 36

Is notice of revocation important

Answer 36

Notice of Revocation and its Service
In terms of section 28(6) of the Act, any 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.”* Notice of revocation is very important under the Land Use Act. The governor is empowered to revoke a right of occupancy only after issuing a notice. IS The notice must state the particular public purpose for which the land is required.” The mode of service must comply with provision of the Act otherwise, the notice would be void.

Question 37

What was held in FGN v Rasaki Akande

Answer 37

By virtue of the act any revocation of the right of occupancy shall be signified under under the hand of the public officer duly authorized by the governor’s and shall be served on the holder with any of the modes of service

Question 38

What are the modes do service

Answer 38

1. Personal service
2. By leaving it in the last known abode
3. Sending it through letters