Revocation (revocation of right of occupancy)

Section 28 of the Land Use Act lets the governor revoke a right of occupancy for overriding public interest. The Act lists what that covers, including:

• the state or federal government needing the land for public purposes;
• land needed for mining, oil pipelines or similar uses;
• the holder breaching the conditions of the grant, such as transferring without consent or not paying rent.

Procedure matters. The revocation must be signed by an authorised officer and the notice served on the holder. Courts have set aside revocations where notice was not properly served or the stated purpose was not a genuine public purpose.

Compensation. Under section 29, the holder of a revoked right is compensated mainly for improvements: buildings at replacement cost less depreciation, crops, and the rent paid for the land for the year. The value of the land itself is not paid at market rates. This is one of the most criticised parts of the Act.

Abuja revocations. The FCT Administration has revoked large numbers of titles in recent years, including grants whose holders did not pay their C of O bills and titles with long-unpaid ground rent.

• Abuja (FCT): mass revocations for unpaid bills and ground rent, with lists published by the FCTA; checks at AGIS are essential.
• Lagos: revocations are linked mostly to road and public projects, such as the coastal highway corridor.
• Other states: governors revoke for public projects and breach of conditions under the same Act.