Section 5 Land Use Act
Section 5 of the Nigerian Land Use Act is about Powers of the Governors in relation to land. It is under Part II (Principles of Land tenure) of the Act.
(1) It shall be lawful for the Governor in respect of land, whether or not in an urban areas:-
(a) to grant statutory rights of occupancy to any person for all purposes;
(b) to grant easements appurtenant to statutory rights occupancy;
(c) to demand rental for any such land granted to any person.
(d) to revise the said rental –
(i) at such intervals as may be specified in the certificate of occupancy; or
(ii) where no intervals are specified in the certificate or occupancy at any time during the term of the statutory rights of occupancy;
(e) to impose a penal rent for a breach of any covenant in a certificate of occupancy requiring the holder to develop or effect improvements on the land the subject of the certificate of occupancy and to revise such penal rent as provided in section 19 of this Act
(f) to impose a penal rent for a breach of any condition, express or implied, which precludes the holder of a statutory right of occupancy from alienating the right of or any part thereof by sale, mortgage, transfer or possession, sub-lease or request or otherwise howsoever without the prior consent of the Governor;
(g) to waive. Wholly or partially, except as otherwise prescribed; all or any of the covenant or conditions of which a statutory right of occupancy is subject where, owing to special circumstances, compliance therewith would be impossible or great hardship would be imposed upon the holder;
(h) to extend except as otherwise prescribed, the time to the holder of a statutory right of occupancy for performing any of the conditions of the right of occupancy upon such terms and conditions as he may thing fit.
(2) Upon the grant of a statutory right of occupancy under the provisions of subsection (1) of this section all existing rights to the use and occupation of the land which is the subject of the statutory right of occupancy shall be extinguished.
