What is Revocation of Rights of Occupancy for Overriding Public Interest?
According to the provision of the
Nigerian Urban and Regional Planning Decree of 1992, Section 75(1) states that:
“where it
appears to the Commission, the Board or the Authority that it is necessary to
obtain any land in connection with planned urban or rural development in
accordance with the policies and proposals of any approved plan, any right of
occupancy subsisting on that land shall be revoked on the recommendation of the
appropriate authority”.
These rights of occupancy shall
be revoked in accordance with the relevant provision of the Land Use Act
(Section 75(2)). The revocation of the rights of occupancy by the Governor for
overriding public interest is categorically stated in Section 28(1) of the Land
Use Act of 1978:
“It shall be
lawful for the Military Governor to revoke a right of occupancy for overriding
public interest”.
The Land Use Act never set out to
abolish all existing title and rights to possession of land (Section 34). It
vested the land in the Governor who holds it in trust and administered for the
use and common benefits of the general public (Section 1). This in long way as
made it easy for the government to acquire land for public purpose and also it
has made the issue of compensation easier.
Before going further, it is
pertinent to say here that there are two types of rights of occupancy as
provided by the Section 5 and 6 of the Land Use Act and each stand as a case
for overriding public interest. These are statutory right of occupancy and
customary rights of occupancy.
Statutory right occupancy is
granted by the Governor in respect of land, whether in rural or urban area, to
any person for all purposes (Section 5(1a) of Land Use Act), while, customary
rights of occupancy is granted by the local government in respect of land not
in urban area (rural area) to any person or organization for the use of land in
local government area for agricultural, residential, grazing and other purposes
(Section 6(1a, b)).
Revocation
of statutory rights of occupancy for overriding public interest means:
- 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 Decree or of any regulations made under;
- The requirement of the land by the Government of the state or by 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;
- The requirement of the land for mining purposes or oil pipelines or for any purpose connected therewith.
Revocation of customary rights of
occupancy for overriding public interest means:
- 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;
- The requirements of the land for mining purposes or oil pipelines or for any purpose connected therewith;
- The requirement of the land for the extraction of building materials;
- 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.
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