As shown above, it is your right to own land in any part of Nigeria and be equally protected from compulsory acquisition of such by government. Although for specific purposes and in given manner government has powers to compulsorily acquire any land. Note that none observance of the legal grounds and means for compulsory acquisition of land by government, invalidates such compulsory acquisition.  Below are the special cases under which government can exercise such powers;

1.     LEGAL GROUND FOR COMPULSORY ACQUISITION OF LAND

“Overriding public interest” is the sole and only purpose under the Land Use Act 1978 upon which a governor can compulsorily acquire the land of any person. “Overriding public interest” arises where;(1.)a statutory right of occupancy holder sells, mortgages, transfers or alienates his title without a prior consent of governor as demanded by the law or (2.) there is a requirement of land by Federal Government or State Government or even Local Government for a “Public Purposes” in the federation or state respectively (See, Section 28 of the Land Use Act, 1978). With reference to the provisions of Section 51 subsection 1 paragraphs (a) to(h)of the land Use Act, 1978, “Public Purposes” include things that are: forexclusive government use or general use; for use by government companies, corporations, ministries, departments and agencies; for sanitation of environment, urban or rural planning and development; for mining, oil pipelines purposes and extraction of building materials; for economic, industrial or agricultural developments and for construction of railways, road or other public works undertaken or provided by government. Please note that the “extraction of building materials” is a “public purpose” for compulsory acquisition of lands under customary right of occupancy, only.  Unfortunately, the interpretation of the words “Public purpose” is too wide that many undemocratic governors have hibernated under them to wind-up businesses of their opponents and enrich their own personal businesses. Under the two vague words, a governor can compulsorily acquire someone’s gigantic cement company and turn it into swimming pool and bar while he turns a privately owned university into his hotel. Note that a governor needs not give any further reasons or report for his compulsory acquisition to any person or thing; once he tags it for “overriding public interest”.

In the light of Section 44 of Constitution of the Federal Republic of Nigeria 1999 (as amended) the other grounds among which land/property can be compulsorily acquired are:a) where there is prompt payment of compensation on such land/property b) where the holder of right of occupancy of such compulsorily  acquired property is afforded right of access for determination of his interest and compensation in a court of law c) where land/property is in a dangerous state or injurious to the health of human beings, plants or animals d) where land/property relates to enemy of state e) where it is for execution of court judgement or f) for imposition of tax, rate or duty etc.

2.     LEGAL MEANS OF  COMPULSORY ACQUISITION OF LAND

Once the need for a compulsory land acquisition is for overriding public interest, the means is simple and easy. Where Governor wants to compulsorily acquire land, the governor (or through his staff) is to issue a “NOTICE” to the holder of the right of occupancy of the desired land. The Notice must declare that the land is required by the government for public purpose. At the issuance of such notice the right of occupancy will be revoked. Once such is done, the governor has compulsorily acquired the land. There cannot be a valid compulsory acquisition of land without a “Notice” to the holder of the right of occupancy, (See, Section 28 sub section 4 of the Land Use Act, 1978).