Judiciary-Poetry-Logo
JPoetry

PROVISION ON COMPULSORY ACQUISITION OF A PERSON’S LAND MUST BE CONSTRUED STRICTLY

Reach more audience. Place advert here.

Dictum

Any provision of the law which gives or governs compulsory acquisition of a person’s property must be construed by the court fortissimo contra preferentes. Such a statute should be construed by the court strictly against the acquiring authority and sympathetically in favour of the complainant or the owner or possessor of the property against any irregularity in the procedure for acquisition as laid down by the enabling statute. See Peenock Investments Ltd. v. Hotel Presidential Ltd. (1983) 4 NCLR 122 at 115; Alhaji Bello v. Diocesan Synod of Lagos (1973) 1 All NLR (Pt. 1) 247 at 268; Nigerian Telecommunications Ltd. v. Chief Ogunbiyi (1992) 7 NWLR (Pt 255) 543; Osho v. Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157.

— Niki Tobi, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

Was this dictum helpful?

SHARE ON

SERVICE OF NOTICE MUST BE EFFECTED ON LAND OWNER FOR REVOCATION TO BE VALID

One cannot but continue to emphasize that where a statute specifically provides for a particular way in which Government or any party can obtain title, the Government or the party can only acquire title by strict compliance with the statute, unless the statute or its wording is against the constitution of the Land. Another way of stating it is that there should be strict compliance with the issue of serving notice on land owners or interested persons in compulsory acquisition of land in accordance with the provisions of the law aforesaid. See Provost Lagos State College of Education & Ors v Dr. Kolawole Edun & Ors (2004) 6 NWLR (Pt.870) 476 at 506; Okeowo v Attorney-General Ogun State (2010) 16 NWLR (Pt.1219) 327.

— M. Peter-Odili, JSC. Goldmark & Ors. v. Ibafon Co. & Ors. (2012) – SC.421/2001

Was this dictum helpful?

REASON FOR REVOCATION OF A PERSON’S LAND MUST BE SPELT IN THE REVOCATION NOTICE

Where 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. See Osho v. Foreign Finance Corporation, supra; Ereku v. Military Governor of Midwestern State (1974) 10 SC 59; Adukwu v. Commissioner for Works, Lands and Transport, Enugu State (1997) 2 NWLR (Pt. 489) 588. The reason for revoking a person’s right of occupancy must be stated in the notice of revocation notwithstanding that the Act did not expressly state that the specific ground of the revocation must be stated in the notice. See Adukwu v. Commissioner for Works, Lands and Transport, Enugu State, supra; Nigeria Engineering Works Ltd. v. Denap Limited (1997) 10 NWLR (Pt. 525) 481.

— Niki Tobi, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

Was this dictum helpful?

ONCE LAND IS REVOKED, PARTY HAS CLAIM IN COMPENSATION ONLY

My lords, once Exhibit B is revoked, the appellant and respondent no longer have any rights to the Plot. All their rights stand extinguished. Their only remedy is compensation as provided by Section 44(1) of the Constitution. It is strange to suggest that with the revocation of Exhibit B the appellants interest therein is transferred to Exhibit A. That is not the position in Law or Equity. The appellant’s interest in Exhibit B died with the revocation. Consequently, the appellant forcefully entering Exhibit A confers on the respondent an enforceable cause of action. The respondent was right to go to court to seek redress and the court was correct to enter judgment for him.

— Rhodes-Vivour, JSC. Ibekwe v. Nwosu (2011) – SC.108/2006

Was this dictum helpful?

NOTICE OF REVOCATION MUST BE SERVED ON OCCUPIER OF LAND

A person who is not the proven owner or occupier of land in respect of which notice of acquisition or revocation is issued has no locus standi in law to seek nullification of the acquisition. Elegushi v. Oseni (2005) 14 NWLR (Pt.945) pg.348. It would amount to sufficient service of a notice of acquisition of a piece of land or of revocation of grant in respect of the land if service of the notice is effected on the occupier of the land. Elegushi v. Oseni (2005) 14 NWLR (pt.945) pg.348. Obikoya & Sons Ltd. v. Gov. Lagos State (1987) 1 NWLR (pt.50) pg.385.

— O.O. Adekeye, JSC. Goldmark & Ors. v. Ibafon Co. & Ors. (2012) – SC.421/2001

Was this dictum helpful?

REVOCATION OF LAND MUST BE IN COMPLIANCE WITH SECTION 28 OF THE LAND USE ACT

It is not at all in doubt that the provisions of section 28 of the Act contains comprehensive provisions to guide the Governor of a State in the exercise of his vast powers of control of land within the territorial areas of his State particularly the power of revocation of a right of occupancy. One of the preconditions for the exercise of this power of revocation is that it must be shown clearly to be for overriding public interest. In order not to leave the Governor in any doubt as to the conditions for the exercise of his powers, the law went further to provide adequate guidance by defining in clear terms what overriding public interest means in the case of a statutory right of occupancy under the Act in subsection (2) of section 28. What this means of course is obvious. Any revocation of a right of occupancy by the Governor in exercise of powers under the Act must be within the confine of the provisions of section 28 of the Act. Consequently, any exercise of this power of revocation for purposes outside those outlined or enumerated by section 28 of the Act or not carried out in compliance with provisions of the section, can be regarded as being against the policy and intention of the Land Use Act resulting in the exercise of the power being declared invalid, null and void by a competent court in exercise of its jurisdiction on a complaint by an aggrieved party.

— Mohammed, JSC. C.S.S. Bookshops v. Muslim Community & Ors. (2006) – SC.307/2001

Was this dictum helpful?

REVOCATION BY GOVERNOR MUST BE FOR OVERRIDING PUBLIC PURPOSE

By the provisions of Section 28(1) of the Land Use Act, 1978, it shall be lawful for the Governor to revoke a right of occupancy for overriding public interest. At no time was the appellant’s validly subsisting right of occupancy over the land in dispute revoked by the Borno State Governor nor even was notice of such revocation served on the appellant or on his predecessors in title. It is also not in dispute that no compensation in respect of the land was ever paid to the appellant. It ought also to be borne in mind that the purported grant made by the State Government to the 1st respondent was not for any overriding public interest but for his personal use for farming purposes. In these circumstances, it seems to me that Exhibit B is equally tainted with illegality and is as incurably defective as Exhibit A.

— Iguh, JSC. Kyari v Alkali (2001) – SC.224/1993

Was this dictum helpful?

Load More
No more related dictum to show.

What do you need help with?

Join Judicial Poets!
Recent answers
Recent Questions

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.