Section 51 Land Use Act

Section 51 of the Nigerian Land Use Act is about Interpretation. It is under Part VIII (Supplemental) of the Act.

(1) In this Act, unless the context otherwise requires:-
“agricultural purposes” includes the planting of any crops of economic value:
“appropriate officer” means the Chief Lands Officer of a state and in the case of the Federal Capital Territory means the Chief Federal Lands Officer;
“customary right of occupancy” means the right of a person or community lawfully using or occupying land in accordance with customary law and includes a customary right of
occupancy granted by a Local Government under this Act.

“developed land” means land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvement that may enhance the value of the land for industrial, agricultural or residential purposes;
“easement” means a right annexed to land to utilize other land in different holding in a particular manner (not involving the taking of any part of the natural produce of that land or of any part of its soil) or to prevent the holder of the other land from utilizing his land in a particular manner;

“Government” means the Government of the Federation or the Government of a State;
“grazing purposes” includes only such agricultural operations as are required for growing fodder for livestock on the grazing area;
“High Court” means the High Court of the State concerned;

“holder” in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgagee, sub lessee or sub-under lessee;

“improvements” or “unexhausted improvements” means anything of any quality permanently attached to the land, directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf, and increasing the productive capacity, the utility or the amenity thereof and includes buildings. plantations of long lived crops or trees, fencing, wells, roads and irrigation or reclamations works, but does not include the result of ordinary cultivation other than growing produce: “interest at the
bank rate” means a simple interest payable at the rate per cent per annum at which the Central Bank of Nigeria will rediscount bills of exchange;

“Local Government” means the appropriate Local Government or any other body having or exercising the powers of a Local Government as provided by law in respect of the area where the land in question is situated;
“Governor” means the Governor of the State concerned;
“mortgage” includes a second and subsequent mortgage and equitable mortgage;
“occupier” means any person lawfully occupying land under customary law and a person using or occupying land in accordance with customary law and includes the sub-under lessee of a holder;

“public purposes” includes:-
(a) for exclusive Government use or for general public use;
(b) for use by any body corporate directly established by law or by any body corporate registered under the Companies Act 1968 as respects which the Government owns shares, stocks or debentures;
(c) for or in connection with sanitary improvements of any king;
(d) for obtaining control over land contiguous to any part or over land the value of which will be enhanced by the construction of any railway, road or other public work or convenience about to be undertaken or provided by the Government;

(f) for obtaining control over land required for or in connection with mining purposes;
(g) for obtaining control over land required for or in connection with planned urban or rural development or settlement;
(h) for obtaining control over land required for or in connection with economic, industrial or agricultural development;
“statutory right of occupancy” means a right of occupancy granted by the Governor under this Act;
“urban area” means such area of the state as may be designated as such by the Governor pursuant to section 3 of this Act;
“sub-lease” includes sub-underlesse.

(2) The powers of a Governor under this Act shall, in respect of land comprised in the Federal Capital Territory or any land held or vested in the Federal Government in any State, be exercisable by the Head of the Federal Military Government or any Federal Commissioner designated by him in that behalf and references in this Act to Governor shall be construed accordingly.