REVOCATION!

To revoke means to reverse, invalidate, withdraw etc.

Revocation of right of occupancy which was termed Compulsory Acquisition before the enactment of the Land Use Act of 1978 refers to the withdrawal of the rights a person has over a piece of land. In simple terms, it is the withdrawal of land ownership.

Under the Land Use Act 1978, revocation is provided for under Section 28.

Section 28 of the Act

(1)It shall be lawful for the Governor to revoke a right of occupancy for overriding public interest.

However, in accomplishing revocation, certain conditions must be met.

1. Notice must be given: The revocation of right of occupancy must be communicated to the deemed holder of either statutory or customary rights of occupancy noting the purpose which must be for overriding public interest as indicated by the law. There is nothing in the Act that says the requirement of notice can be waived where the land is not developed. The publication in the gazette of the revocation right of occupancy is a constructive notice to the whole world and not a substitute for personal service enjoined by the enabling legislation. A careful consideration of the Act (sections 28 and 44) would reveal that publication in gazette and newspaper is to further emphasize to acquiring authorities that the legislature has in mind personal service only and no alternative.
2. Compensation: Compensation is given to the land owner whose right of occupancy has been revoked and is not a penalty. His pecuniary loss must be ascertained by determining the value of the property taken from him. According to section 44(1) 1999 CFRN, compensation payment must be prompt, and the right of access to courts to determine the amount of compensation must be given to the land owner. Compensation should restore individuals to a situation where they are neither better nor worse off after revocation. In essence, compensation must be appropriate, fair, acceptable, and adequate.
3. Public Interest: the revocation must be for an overriding public interest, which could be for road construction, mining, etcetera. It must be for the benefit of the public and not a private individual.

PROCEDURE FOR VALID REVOCATION OF A RIGHT OF OCCUPANCY

It is essential to note that only the Governor of the State or his agent (a person acting on behalf of the governor exercising such authority) that can duly revoke (See section 28 LUA 1978);

Reasonable Notice of the revocation must be made and given to the holder stating the particular purpose for the revocation (See section 28(7));

It is essential to note that a valid revocation does not extinguish any debt due to the government under such R of O, that is if someone was owing any fee or debt accrued under the Right of Occupancy that was consequently revoked, such person will still be liable to pay such debts. However, by section 44 of the 1999 Constitution of the Federal Republic of Nigeria (as altered) and section 29 of the Land Use Act 1978, compensation should be paid where a person’s right of occupancy has been revoked. In a situation where such revocation is penal, there is no need to pay compensation.

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