Since lands in state are vested on governors, governors have lots of power to exercise in managing and administering the entire land for the benefit of Nigerians. Understanding the powers of a governor over land matters will help us find and identify the limits to their powers (especially as it affects compulsory acquisition and compensation). Below are some of the powers of a governor over land matters:

1.     POWER TO GRANT AND REVOKE RIGHTS OF OCCUPANCY AND EASEMENTS.

As a real owner of lands, a governor has the exclusive right to grant statutory right of occupancy to any person over any part of the state (urban and rural areas) for any purpose whatsoever. A Governor also has powers to grant easement appurtenant, (street ways, avenues etc). The grant of right of occupancy must be for a definite term/period on specified terms and conditions. Most states offer grants for a term of 55 or 99 years after which the right of occupancy reverts back on the government while the former certified occupier may seek for a renewal of term. Please not that Local government Chairmen have rights over lands in the rural area although subject to the exclusive right of governors. Hence, a local government has power to grant any person acustomary rights of occupancy for a defined period of time. (See, Section 5, 6 and 8 of Land Use Act, 1978).Most grants of right of occupancy are for a rent; the occupiers are expected to pay yearly rent to government. Please note that the governor has powers to grant right of occupancy free of rent or at a reduced rent where that will be in the interest of the public, (see Section 17 of the Land Use Act, 1978).

A governor equally has powers to revoke grants of rights of occupancy madeby him or his predecessors.Failure to observe terms and condition of a grant,failure to pay rent, or the use of land against its specified purposes or the need of land by government for over-riding public interest are all possible grounds for revocation of grant. (See, Sections 28 and 38 of the Land Use Act, 1978)

2.     POWER TO ISSUE CERTIFICATE OF OCCUPANCY

As stated above, governors are land owners while the other persons in a state are “land occupiers” (tenants to government). Land occupiers have exclusive right and possession over their lands against any other person whatsoever. To identify, announce and authenticate, the occupancy of any person (human and corporate) the state government will issue Statutory Right of occupancy over lands both in urban and rural areas. A certificate of occupancy contains a clear description of the land in question, details of the occupier, the details government, duration of the approved occupancy, rent to be paid yearly and the purpose of the land (ie, whether it is for residential or commercial, industrial or agriculture). Hence, it is justifiable to state, that a certificate of occupancy is an abridged lease agreement between government and a person over a specified land. It contains the terms and conditions which any occupier undertakes and must observe to continue his occupation at the pleasure of government. (See, Sections 8 and 10 of the Land Use Act, 1978)

Upon granting of a right of occupancy or an application by an occupier of a customary right of occupancy to his state government, a certificate of occupancy shall be issued to such person upon his payment of appropriate fees. Certificate of occupancy is a prima facia evidence of possession of land. Upon the issuance of a certificate of occupancy to any person, such a person has a better and higher title above and beyond any other person; (See, Section 9 of the Land Use Act, 1978).  Apart from government, a certificate of occupancy negates and invalidates the rights, powers and privileges of other persons over a land including the indigenes of such land. (See, Section 5 Sub-Section 2 of the Land Use Act, 1978)

3.     POWER TO ENTER AND INSPECT

Just like any true landlord will do, a governor (including any public officer duly authorised by the governor) has the power to enter upon any land in the state. Such inspection is to ensure strict observance of the terms and conditions of the occupation which the tenant undertook to observe at all times. Such inspection ensures that no industrial plant is erected in a residential area or a residential house in a commercial zone and avoids the erection of unapproved structures. It is upon this power and other laws that the agents of Ministries of land, environment and other public office holders rest on to enter and inspect people’s property.

Please note that such entry and inspection must be done during the day time. The occupier of such land is expected by the law to permit and give free access to the governor and the public officers (see Section 11 of the Land Use Act, 1978).

4.     POWER TO GRANT AND CANCEL LICENSES

Being the exclusive owner of all lands in a state, a governor has powers to grant licenses to any person(s) to enter upon any land to which no one has a statutory right of occupancy to, or mining lease, to remove/extract stone, clay, sand, gravel and other building materials from such land. A governor cannot grant such license over an area exceeding 400 hectares. A governor issues such license for a specified period of time and upon specified terms and conditions. A governor equally has power to cancel licenses wherein the licensee (person(s) granted license) fails to observe the terms and condition of his license, (see Section 12 of the Land Use Act, 1978).

5.     POWER TO CONSENT AND REJECT LAND TRANSACTIONS

In the eyes of law, the landlords of the lands across the 36 states of Nigeria are the respective governors of the states of the federation of Nigeria. They are vested with the lands, to administer and manage them for the good of all, hence they decide who to “lease” such lands to, who further gets a “sub-lease” and “sub-underlease”. A governor of a state is the only person (whether in person or through his commissioners and others agents) that can consent or reject the sale, assignment, sublet, transfer, mortgage and change of ownership of any land in the state. Any of the above transactions ever done without an express and written consent of the governor of the states wherein the land is located is illegal and null. It is expected that, the land agreements/instruments (deed of sale, deed of mortgage, deed of gift, deed of assignments, deed of transfer and registerablePower of Attorney, etc. ) are sent to the concerned Governor (Commissioner for Land) to peruse, consent or reject land transaction. Consent of a governor must be in writing and often on land agreement itself. (See, sections 21, 22, 23 and 26 of the Land Use Act, 1978)  Even after payment of money, taking of possession of land and building on same, a land transaction is not complete until governor consents to such land transaction. To be on the safe side, in my law practise I protect the interest of my land purchasing clients by inserting a “Rectification Clause” in their land agreements/instruments. A Rectification Clause is an undertaking by a land seller to a land buyer that he the seller will repay and indemnify the buyer all his money and costs if governor fails to consent to their land transaction.

May I quickly correct a wrong practise I have observed; land agreements (deeds of sale, assignment, purchase, transfer, mortgage, gift and power of attorney etc) do not need or require the stamps and signatures of Court staff (Commissioners of Oath, Court Clerk and Registrars etc). Such stamps and signatures are useless and enrich court officers who don’t remit such fund to government. Do not be deceived the Consent, signature and stamp of a Governor or his Commissioner for lands are not same with those of a mere court staff referred above. Many people have suffered from the above deceit, consult a good lawyer. No doubt, in special cases the name, address and signature of aNotary Public or a Commissioner of Oathwith date are expected on a land agreement ONLY where a party (buyer or seller)is an illiterate, in view of a Jurat. Please, further note that consent of a governor is not needed over land transactions done through court sales (like public auction done by an order of court).

6.     POWER TO DEMAND AND SUE FOR RENT

Like every other lease agreement, a Governor being the “LEASOR” (person to grantlease) expect rent from his “LEASEE” (person to whom lease is granted). All persons having rights of occupancy are expected to pay rent as at when due subject to the terms and conditions evidenced on their certificates of occupancy. Right of occupancy can be revoked by a governor where a holder of right of occupancy fails to pay his rent as at when due (See, Sections 28 and 38 of the Land Use Act, 1978).

To recover rent, a Governor through and in the name of his Chief Land officer (Commissioner for land) or any of his appointees can institute a legal action in a magistrate Court of competent jurisdiction, (See, Section 42 of the Land Use Act, 1978). Owing to the immunity of governors from being sued or suing both in civil and criminal proceedings, they cannot sue for such recovery themselves, (See, Section 308 of the Constitution of the Federal Republic of Nigeria 1999 (as amended)).

7.     POWER TO COMPULSORILY ACQUIRE LAND, DEMOLISH/CONVERT PROPERTY AND TAKE OVER LAND. 

Yes, it is part of our constitutional rights to own and use land and landed property in any part of Nigeria irrespective of our tribes, colour, birth, religion, political parties  and height(See Sections 42 and  43 of Constitution of the Federal Republic of Nigeria 1999 (as amended)).The constitution went further to assure all persons that no property shall becompulsorily  taken possession of or acquired compulsorily except in the manner and for the purpose prescribed by a law, (See Section 44 of Constitution of the Federal Republic of Nigeria 1999 (as amended).  The Land Use Act of 1978 is one of the laws that in line with the constitution, provides “the manner and the purpose” for compulsory acquisition of land and property thereon. Consequently, by the joint provisions of the Constitution and Land Use Act, lands and the property on them can be acquired compulsorily by government provided that certain manner and procedures are adhered to and for certain reasons. Please note that government MUST observe the set down manners and purpose for a compulsory acquisition of land before such acquisition can be valid. We procedures were not observed; such act can be challenged in a court of law, for not even the government is above the law. The set down manner and purpose are explained below.