CRITICAL APPRAISAL OF REVOCATION PROVISIONS RELATING TO RIGHTS OF OCCUPANCY UNDER THE LAND USE ACT 1978 IN NIGERIA

Abstract

Frankly speaking, every power has legal limit howsoever wide the language of the empowering Act. The power granted by Section 281 of the Land Use Act to the Governor to revoke the proprietary interest in land is not without limitation, circumscription but they are certain procedural guides, which must be observed. In the interpretation of the Land Use Act, particularly as it affects the revocation of interests of private citizens, the courts have given a restrictive interpretation to the relevant provisions of the Act. This paper examines the statutory provisions relating to the power of Governor to revoke the interest in land for public purpose and the altitude of the courts to ensure compliance.