TITLE:
A Critical Appraisal of the Method of Revocation in the Nigerian Land Use Act and Government’s Compliance
AUTHORS:
Emuobo Emudainohwo
KEYWORDS:
Land Use Act, Revocation, Right of Occupancy, Compliance, Nigeria
JOURNAL NAME:
Beijing Law Review,
Vol.12 No.3,
July
26,
2021
ABSTRACT: A Critical Appraisal of the Method of Revocation in the Nigerian Land Use
Act and Government’s Compliance
The paper inquires whether there is government’s compliance with the method of revocation of right of occupancy stipulated in the Land Use Act (LUA) (1978). The LUA has prescribed the procedure for the revocation of right of occupancy. It is expected that government complies with the procedure. There have been cases where government did follow laid down procedure for the revocation of right occupancy. Therefore, when government flouts laws regulating the procedure for the acquisition of private property, it is the obligation of the Nigerian courts to intervene in favour of the private citizen. Though the courts are obliged to intervene, the question is: what happens, when government disobeys court orders? Or what happens when private citizens for lack of means did not challenge in court any wrong procedure adopted by government? Apart from calling for more judicial activism in this area, the paper argued that government should follow laid down procedure for the acquisition of private property; for even God who has laid down the procedure for man to be holy has also subjected himself to holiness.