EXAMINATION OF THE OF REQUIREMENTS FOR PUBLIC PURPOSE IN THE ACQUISITION OF LAND IN NIGERIA

Abstract

The provision of basic needs like food, clothing, shelter, heat, production of goods, exchange of goods and services, leisure and recreation, spiritual engagements and satisfaction, territorial sovereignty, wealth creation, and many others have been satisfied with the use of land. There are two rights of occupancy introduced by the Land Use Act. The first is the Statutory Right of Occupancy granted by the State Governor pursuant to Section 5(1) of the Land Use Act and Customary right of Occupancy grated by the Local Government Chairman pursuant to Section 6 (1) of the Act. Section 5(2) provides that upon the grant of a statutory right of occupancy under the provisions of sub-section (1) of this section, all existing rights to the use and occupation of the land, which is the subject of the statutory right of occupancy, shall be extinguished. This section has been misconstrued to mean that the vested right under sections 34 and 36 of the Act are automatically extinguished once the Governor grants a statutory right of occupancy over the same parcel of land. In this article, we shall consider the interpretations given by our courts to truly appreciate the intendment of the drafters of the provisions of Section 5(2) of the land Use Act 1978.