Reviewing land acquisition documents.

Introduction

Finding out that the government intends to acquire your land, has issued a notice affecting your property, or has already entered the land can be extremely concerning. However, the fact that government wants to use the land does not mean that every acquisition or revocation is automatically lawful.

The Constitution protects the right to own immovable property, while the Land Use Act provides the legal framework for the revocation of rights of occupancy. Where the applicable legal requirements have not been followed, a landowner may have grounds to challenge the action and seek appropriate relief.

In our earlier article, Compulsory Acquisition of Land in Nigeria: Your Rights and Legal Remedies⁠, we discussed the constitutional protections, the Land Use Act, compensation and some of the remedies that may be available to a landowner. This article takes a more practical approach and explains some of the steps you should consider if you are faced with a purported compulsory acquisition or revocation of your interest in land.

What Is Compulsory Acquisition of Land?

Compulsory acquisition generally refers to the taking of private interests in land by government for a legally recognised public purpose.

Section 43 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) recognises the right of every citizen to acquire and own immovable property anywhere in Nigeria. Section 44(1), however, permits compulsory acquisition where it is carried out in the manner and for the purposes prescribed by law, including provisions requiring prompt payment of compensation and access to a court or other competent body for determination of the person’s interest and the amount of compensation.

The Land Use Act is central to the process. Section 28 empowers the Governor to revoke a right of occupancy for overriding public interest, subject to the requirements of the Act.

In the Federal Capital Territory, the administration of land is subject to the applicable statutory framework, including the Land Use Act, with the powers of the Governor under the Act exercised in the FCT by the Minister of the Federal Capital Territory in the circumstances provided by law.

Step 1: Find Out Exactly What Has Happened to Your Land

Do not assume that every government letter, site marking, demolition threat, or statement by an official amounts to a completed acquisition or revocation.

First establish exactly what has happened.

For example:

Has a formal notice of revocation been issued?
Has the government published an acquisition notice?
Has your property been marked for a public project?
Has the government entered the land?
Has another person been allocated the property?
Has your building been demolished?
Have you received an offer of compensation?
Has compensation already been assessed?
Has your title allegedly been revoked?

These distinctions can be legally important.

Under section 28(6) of the Land Use Act,revocation of a right of occupancy is to be signified under the hand of an authorised public officer, and notice is to be given to the holder. Section 28(7)further provides for when the title of the holder is extinguished following the notice.

Therefore, if you have merely heard that your land has been acquired, do not stop at the information you have received verbally. Obtain the documents and establish the legal basis of the government’s action.

Step 2: Gather Your Land Documents

If your land is affected by a proposed acquisition or revocation, gather all documents relating to your interest in the property.

These may include:

Certificate of Occupancy;
letter of allocation;
deed of assignment;
deed of conveyance or other title documents;
approved survey plan;
evidence of registration;
receipts and evidence of payment;
building approvals;
development permits;
photographs of the property;
valuation reports;
evidence of improvements on the land;
notices received from government authorities;
letters or emails exchanged with government agencies; and
evidence of any compensation assessment or payment.

Do not discard older documents simply because you have a more recent title document. The history of the title may become important in determining the nature and validity of your interest.

Step 3: Verify the Status of Your Title by Conducting a Legal Search

You should also verify the current status of the property at the relevant land registry or land administration authority.

This is particularly important where you have been told that:

your title has been revoked;
the land has been acquired;
the land has been allocated to someone else;
the property falls within a government acquisition area; or
your property has been affected by a new layout or development scheme.

Where possible, obtain documentary evidence rather than relying solely on verbal assurances.

A legal search may also reveal information that you did not previously know, such as a purported revocation, reallocation or competing interest.

Step 4: Examine the Notice of Revocation Carefully

If you have received a notice of revocation, do not simply file it away.

Have the notice examined carefully.

Among other things, you should consider:

Who issued it?
Was it issued by an authorised public officer?
What legal basis is stated for the revocation?
What reason is given for the acquisition or revocation?
Does it identify the affected property correctly?
Was it properly served?
Does the stated reason fall within the circumstances recognised by the Land Use Act?
What does it say about compensation?
Does it state when the revocation takes effect?

Section 28(1) of the Land Use Act permits revocation for overriding public interest. The Act then specifies circumstances that constitute overriding public interest, including the requirement of land by government for public purposes in the circumstances stated in the Act.

A purported revocation should therefore not be considered in isolation from the statutory requirements.

The importance of proper service is reinforced by the recent Court of Appeal decision in LATEST BIZ OPTIONS INT’L LTD v. KENUJ INVESTMENTS LTD & ORS (2024) LPELR-73283(CA). The Court held:

“It is long settled that the service of the notice of revocation on the allotee is mandatory and where there is no proof of service as in the instance case, there can be no valid and effectual revocation of a right of occupancy. Section 29(7) of the Land Use Act provides that: “The title of the holders of a right of occupancy shall be extinguished on receipt by him of a notice given under Subsection (6) of this Section or such later date as may be stated in the notice. A thorough perusal of the record of appeal leaves one without any doubt that the 1st Respondent’s challenge at page 85 paragraph 4 of the records for proof of service of the notice of revocation was never established by the 2nd and 3rd Respondent. This being the case, there was no revocation of the right of occupancy, consequently, a cause of action cannot be said to have accrued against the 1st Respondent on the 17 September, 2012. See the decision in the Executors of the Estate of General Abacha Vs Eke Spiff & Ors cited supra where the Apex Court held rules alia that: “It will be most unconscionable to allow the provisions of statute of limitation to apply in a situation such as this where the 1st Plaintiff – the allotee was fraudulently denied the service of notice of revocation and more importantly where his application was never attended to. It is those who denied him all these, that now want to reap the fruit of their fraudulent misdeeds. Whatever pact that might be between 1st and 2nd defendant and the non-existent 3rd Defendant is loaded with malicious intent and no Court will even uphold any pact made from malicious intent. Any wrongful act tending to the damage another must not receive support in the seat of justice. And no one shall be allowed to benefit from his own wrongdoing, the maxim is “Ex turpi causa non oritur actio.””

Per OLASUMBO OLANREWAJU GOODLUCK, JCA (Pp 30 – 32 Paras E – C).

This decision is particularly relevant where a landowner disputes whether a purported notice of revocation was ever served. The issue is not merely whether a notice was prepared or issued. Where the validity of the revocation is challenged on the ground of non-service, the evidence of service becomes important.

Accordingly, if you receive a notice of revocation, preserve the original notice and any evidence showing how, when and by whom it was served. If you contend that no notice was served on you, that issue should be raised promptly and the available evidence preserved.

Step 5: Determine Whether Compensation Is Payable

Do not assume that the word “acquisition” automatically means that you are entitled to the market value of the land in every circumstance.

The nature of the acquisition, the nature of your interest, the applicable statutory provisions and the improvements on the land can affect the compensation payable.

Under section 29 of the Land Use Act, where a right of occupancy is revoked for the public-purpose grounds specified in section 28,the holder and occupier may be entitled to compensation for the value of unexhausted improvements.

The Act also provides specific methods for assessing compensation for land, buildings, installations, improvements and crops.

This is one reason why you should preserve evidence of improvements made to the property.

For example, if there is a building on the land, retain documents capable of establishing the cost and nature of the development. Similar evidence should be preserved in relation to other qualifying improvements.

Step 6: Do Not Automatically Accept the First Compensation Offer

If compensation has been offered, examine the basis upon which the amount was calculated.

Ask:

What exactly has been valued?
Was the property properly identified?
Were the buildings and other improvements included?
Were crops or economic trees considered where applicable?
What valuation methodology was used?
Does the assessment comply with the applicable statutory provisions?
Has interest or any other applicable component been considered?

Where the dispute concerns the amount of compensation calculated under section 29, section 30 of the Land Use Act provides for reference of such a dispute to the appropriate Land Use and Allocation Committee.

However, not every claim arising from government action is necessarily a simple dispute about the amount of compensation under section 29.The nature of the claim matters.

The Supreme Court and Court of Appeal decisions in this area demonstrate the importance of distinguishing between a dispute over the statutory compensation calculation and a claim challenging the legality of the underlying government action.

This is another reason to obtain legal advice before deciding how to challenge the acquisition.

Step 7: Keep Evidence of What the Government Has Done

If officials have entered the property, demolished structures, removed property, fenced the land or otherwise interfered with your possession, document what happened.

Keep:

photographs;
videos;
notices;
correspondence;
names and designations of officials where known;
dates of visits or demolition;
evidence of damage;
receipts and invoices;
valuation reports; and
statements from persons who witnessed relevant events.

Do not put yourself in danger to obtain evidence.

Where possible, obtain evidence lawfully and preserve the original documents, photographs and electronic records.

Step 8: Obtain Legal Advice Before Taking Further Action

Compulsory acquisition disputes can involve questions of title, statutory interpretation, compensation, limitation, jurisdiction and the appropriate form of proceedings.

The appropriate legal strategy will depend on the facts.

A lawyer may need to examine:

the nature of your interest in the land;
the documents creating or evidencing that interest;
the government’s legal basis for the acquisition;
whether there was a valid revocation;
whether the required notice was given;
whether the acquisition falls within a recognised public purpose;
whether compensation is payable;
whether compensation has been properly assessed;
whether another person has been allocated the property; and
what reliefs are legally available.

It is therefore generally better to obtain legal advice before signing documents, surrendering possession, accepting a settlement or commencing proceedings.

Can You Challenge the Acquisition in Court?

Potentially, yes.

Where government action affecting land is alleged to be unlawful, the appropriate proceedings and reliefs will depend on the facts and the legal basis of the challenge.

A landowner may, depending on the circumstances, seek reliefs such as:

a declaration concerning the validity of the purported acquisition or revocation;
an order relating to the claimant’s interest in the property;
compensation;
damages where legally available; and
other appropriate reliefs.

The availability of any particular remedy should not be assumed. It depends on the nature of the claimant’s interest, the government’s action and the applicable law.

Section 44(1) of the Constitution is particularly important because it recognises the right of a person claiming compensation to have access to a court of law, tribunal or other body with jurisdiction for determination of the person’s interest and the amount of compensation.

What If the Government Has Already Entered the Land?

Do not assume that entry onto the land automatically means that you have lost every legal remedy.

The first question is what legal authority the government is relying upon.

If there has been a valid acquisition or revocation carried out in accordance with the applicable law, the issues may principally concern possession, compensation and the other consequences of the acquisition.

If, however, the government or its agency has interfered with your property without lawful authority or without complying with applicable statutory requirements, different legal issues may arise.

The distinction is important.

What If the Land Has Been Reallocated to Someone Else?

This situation can be particularly complicated.

You should obtain evidence of the alleged reallocation and have the history of the property investigated.

The fact that another person now has a document relating to the property does not, by itself, answer the question of whether the earlier interest was lawfully extinguished.

Where there are competing claims, the court may need to determine questions concerning the validity and priority of the respective interests.

What Should You Avoid Doing?

If your property is affected by a purported government acquisition or revocation, avoid making rushed decisions.

In particular:

Do not destroy or discard your title documents.

Do not sign a surrender, settlement or compensation document without understanding its legal effect.

Do not assume that a verbal statement by an official is the same thing as a formal statutory notice.

Do not ignore a revocation notice because you disagree with it.

Do not wait indefinitely before obtaining legal advice.

Do not confront officials physically or put yourself at risk while attempting to prevent entry or demolition.

A Practical Checklist for Landowners

If you are facing a compulsory acquisition issue, consider taking the following steps:

Obtain copies of all notices and government correspondence.
Gather your title and land documents.
Obtain evidence of the buildings, improvements and other developments on the land.
Verify the current status of the property at the appropriate land authority.
Find out the legal basis for the proposed acquisition or revocation.
Check whether a formal notice of revocation has been issued and served.
Obtain details of any compensation assessment or offer.
Preserve photographs, videos and other evidence.
Avoid signing documents without obtaining appropriate advice.
Consult a lawyer promptly about your options.

Conclusion

Government has legal powers to acquire or revoke interests in land in circumstances recognised by law. Those powers, however, are not necessarily unlimited.

If your land is affected, the important question is not simply whether the government says that it has acquired the property. The important questions include what legal power is being exercised, whether the statutory requirements have been complied with, whether your interest has been lawfully extinguished, and what compensation or other remedies may be available to you.

If you are personally affected by an acquisition or revocation, it is advisable to have the relevant documents reviewed by a qualified lawyer before taking steps that could affect your rights.

Disclaimer:

This article is for general information purposes only and does not constitute legal advice. Land acquisition and revocation disputes are highly fact-specific. If your land is affected by a proposed or completed government acquisition, you should consult a qualified lawyer for advice based on the particular facts and documents of your case.

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How to Challenge Compulsory Acquisition of Land in Nigeria