In other words, the provisions of Land Tenure Law is to be followed in the administration of land under the control and management of the Military Governor under the Land Use Act. Further, the provisions of the Land Tenure Law applicable for the purpose are to be modified so as to bring the law into conformity with the Act or its general intendment. It is not the Land Tenure Law that is in operation but the Land Use Act. The provisions of the Land Tenure Law has therefore been incorporated into the Decree for the purpose of administering the lands under the control and management of the Military Governor. Since the Land Use Act came into force in March, 1978, the power a Governor/Military Governor has to grant a statutory right of occupancy and to revoke the statutory right of occupancy is derived from the Land Use Act and NOT the Land Tenure Law or State Land Law. It is a gross misconception of the true state of the law to think or hold the view that because the Land Use Act orders the administration of lands under the control of the Military Governor to be in accordance with the provisions of the Land Tenure Law in the Northern States that the powers exercised are powers under the Land Tenure Law. Both the plaintiff and the 3rd defendant/applicant could only have obtained their grant of statutory right of occupancy under the Land Use Act. The revocation of the right of occupancy could equally only have been exercised under the Land Use Act although in compliance with the procedure prescribed by the Land Tenure Law. The reference to the Land Tenure Law in the Deed of Revocation was a mistake occasioned by a misreading of section 4(a) of the Land Use Act.
— Obaseki, JSC. Saude v. Abdullahi (1989) – SC.197/1987
