Punitive Revocation of Title to Land in Nigeria: What You Need to Know

This article provides a comprehensive analysis of punitive revocation of land title in Nigeria.

• Concept of Punitive Revocation
  Once a right of occupancy is validly granted by the Governor under the LUA, the Certificate issued in respect of that right serves as official confirmation of the holder’s interest and the conditions attached to the grant. Where any of those conditions, such as payment of ground rent, commencement of development within a stipulated period, or compliance with permitted land use, are breached, the Governor may exercise the statutory power to revoke the right of occupancy. In such instances, the revocation is not carried out for public purpose or infrastructural need, but rather as a response to the holder’s non-compliance or default of the terms set out in the Certificate. The implication is that the right of occupancy held in the land is annulled by the state as a penal consequence of a specific conduct or omission by the titleholder.
• Legal Framework Governing Revocation of Title in Nigeria
  The legal foundation for revocation of land rights in Nigeria is rooted in the Constitution of the Federal Republic of Nigeria and the LUA. While the Constitution guarantees the right to own immovable property, this right is not absolute. The Constitution allows the State to extinguish interest in land in deserving circumstances.

  In furtherance of the above, the LUA, a statute expressly recognised and validated by the Constitution, empowers the Governor to revoke a right of occupancy on the limited grounds of (i) overriding public interest, and (ii) breach of the terms of the grant, or failure to comply with land use conditions.

  Also, there exists several State land regulations, which often set out specific requirements regarding land use and conditions of grant, in addition to the terms set-out in the Certificate or instrument evidencing a right of occupancy in land. In most State land regulations, failure to meet any of the requirements or terms of grant of the rights of occupancy may result in revocation. Breach of provisions of other statutes, such as environmental or urban planning laws, may also lead to cancellation or forfeiture of land rights in response to violations.

• Grounds for Punitive Revocation of Right of Occupancy
  Punitive revocation of right of occupancy typically arises where the holder has committed specific acts or omissions that amount to a breach of the terms of the grant or a violation of applicable statutory provisions. Section 28(5) of the LUA expressly empowers the Governor of a state to revoke a statutory right of occupancy in instances where there has been a breach of any condition attached to the grant, including the terms set out in the Certificate or any special contract between the Governor and the holder. The Governor may also revoke a right of occupancy where the holder has refused to accept or pay for the Certificate or on any other legally recognised ground. The key grounds commonly relied upon for punitive revocation are outlined below:

  (i) Breach of terms and conditions of the Grant
  Certificates of Occupancy often contain binding terms and conditions which the holder is expected to comply with. A typical condition is the requirement to develop the land within a specified period, which may include a prescribed minimum value of the intended development. Failure to comply with this obligation constitutes a breach and may result in revocation. Similarly, if the land is used for a purpose other than that for which it was granted for example, using residential land for commercial or industrial purposes, this may be treated as a breach of the terms of the grant. In addition, failure to pay ground rent or other applicable statutory charges for a prolonged period may also expose the right of occupancy to revocation.

  (ii) Unlawful alienation
  Pursuant to Section 22 of the LUA, any assignment, mortgage, transfer of possession, sublease, or other form of alienation of a right of occupancy requires the prior consent of the Governor. Where a holder purports to alienate the land without obtaining this consent, such a transaction is void under the Act. The Governor is therefore entitled to revoke the right of occupancy on the basis of this statutory violation.

  (iii) Non-compliance with Planning or Zoning Regulations
  Many states have enacted town planning and development control laws which regulate building activities and land use. These laws set out requirements relating to zoning classifications, approved building plans, setbacks, and other physical development controls. Where a holder develops the land in breach of these regulations, such as erecting structures without approval or using the land in a manner contrary to its designated zoning, the right of occupancy may be revoked.

  (iv) Other grounds
  In addition to the grounds listed above, revocation may also be based on conduct that, while not expressly stated in the LUA, is prohibited under other legislation or recognised through judicial precedent. Examples include violations of environmental laws, use of the land for criminal purposes, or any other conduct that the state considers sufficiently serious to warrant the forfeiture of the land interest.

Should you have any questions on this legal alert, please do not hesitate to contact Adeola Kembi.

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Contributor
Asiya Ali – Associate