Section 28 Land Use Act
Section 28 of the Nigerian Land Use Act is about Power of Governor to revoke rights of occupancy. It is under Part V (Revocation of rights of occupancy and compensation therefore) of the Act.
(1) It shall be lawful for the Governor to revoke a right of occupancy for overriding public interest.
(2) Overriding public interest in the case of a statutory right of occupancy means–.
(a) 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 Act or of any regulations made thereunder;
(b) 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;
(c) the requirement of the land for mining purposes or oil pipelines or for any purpose connected therewith.
(3) Overriding public interest in the case of a customary right of occupancy means –
(a) the requirement of the land by the Government of the State or by a Local Government in the State in either case for public purpose within the State, or the requirement of the land by the government of the Federation for public purposes of the Federation.
(b) the requirement of the land for mining purposes or oil pipelines or for any purpose connected therewith;
(c) the requirement of the land for the extraction of building materials;
(d) 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.
(4) The Governor shall revoke a right of occupancy in the event of the issue of a notice by or on behalf of the (Head of the Federal Military Government) if such notice declares such land to be required by the Government for public purposes.
(5) The Military Government may revoke a statutory right of occupancy on the ground of –
(a) a breach of any of the provisions which a certificate of occupancy is by section 10 deemed to contain;
(b) a breach of any term contained in the certificate of occupancy or in any special contract made under section 8;
(c) a refusal or neglect to accept and pay for a certificate which was issued in evidence of a right of occupancy but has been cancelled by the Military Governor under subsection (3) of section 10.
(6) The 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.
(7) The title of the holder of a right of occupancy shall be extinguished on receipt by him or a notice given under subsection (5) or on such later date as may be stated in the notice.
