The New FCT Minister: Legality or Otherwise of Title Revocation

This article by Ochima George which is a response to the statement of the newly appointed Minister of FCT, Abuja, in his inaugural press conference, about the revocation of title to land which has not been developed by allotees, attempts to set the record straight, by telling us that though indeed, State Governors and the FCT Minister are empowered to revoke certificates of occupancies, such revocation can only be done subject to certain conditions set out in the Land Use Act 

Introduction

The Land Use Act (LUA) Cap. 202 (Laws of the Federation of Nigeria) 1990, governs all land in Nigeria, including the FCT Abuja. The law vests the entire land comprised in the territory of every State (except land vested in the Federal Government or its agencies) solely in the Governor of the State, who holds the land in trust for the use and common benefit of all Nigerians. An individual is granted a certificate of occupancy upon successfully applying and fulfilling all requirement, a grant of such a certificate is for a period of 99 (ninety-nine) years. However, for the FCT, the lands are vested in the Minister; Section 55 of the LUA empowers the Minister in matters of administration of land in the FCT. The FCT Act vests all the 8000 sq. km. of the FCT landmass in the Federal Government, invariably, the powers to administer land in the FCT are powers of the President, which are delegated to the FCT minister.

The Minister is acting on delegated powers of the President by virtue of Section 18 of the FCT Act. Consequently, under the delegated powers of the President, the Minister can allocate and administer land within the FCT in line with the provisions of the law. Apart from the Minister, no one has the authority to allocate land in the FCT. A Certificate of Occupancy is an instrument prepared at the Land Registry, signed by the Minister (the Governor, in the case of any State of the Federation), registered in the Land Registry, and given to the holder of a Right of Occupancy as evidence of a grant. The Land Use Act made provision, for the issuance of a C of O over every grant.

FCT Minister’s Address: Concerns 

To the crux of the matter, the address by the new FCT Minister, Nyesom Wike, CON, has raised a lot of concerns, as well as concerns from residents in the nation’s capital. The Minister in his appointment day address, had amongst other things stated he will revoke titles to lands which are yet to be developed by the holders; this particular statement has caused fears, and many wonder the legality or otherwise of such revocation.

The question arises: Can the FCT Minister revoke a title to land, legally granted by a valid certificate of occupancy? The answer is Yes. However, can such a valid certificate of occupancy legally obtained, be revoked by virtue of non-development of the land? The answer is in the negative. The FCT Minister has no such power, where he does,  he will be acting ultra vires. 

Reasons for Revocation of Certificate of Occupancy 

The Land Use Act states expressly, the conditions for the revocation of a certificate of occupancy. The revocation of a Certificate of Occupancy (C of O) in Nigeria can occur under certain circumstances, as specified by the Land Use Act of 1978. Section 28 of the Land Use Act empowers the Governor to revoke a right of occupancy earlier granted for the following reasons:

Public Interest 

Section 28(1) of the Land Use Act 1978 states that a C of O can be revoked if the land is required for public purposes or for public use. The provisions of Section 51 of the LUA outline what constitutes public purpose, which includes construction of public buildings, roads, or other infrastructure. Therefore, where a land falls under this, it can be revoked.

Breach of the Conditions of the C of O 

By virtue of Section 28(5) of the Land Use Act 1978, where the holder of a C of O breaches the condition/function stipulated for the grant, it can be revoked if the holder of the C of O fails to comply with any of the conditions attached to the C of O. Sections 8, 9(3) & 10 LUA expressly states these terms. This includes where, if the land is to be used for agricultural purposes, but the holder of the C of O converts it to a residential or commercial property, the C of O can be revoked. Therefore, where the purpose for which the C of O is granted is violated, and it can be revoked.

Misrepresentation:The C of O can be revoked if it was obtained by fraud, misrepresentation, or other unlawful means

Now, where the FCT Minister is satisfied that the holder of the grant of C of O has violated the above, he does not just go ahead to demolish or revoke the title, as they are steps to be fulfilled before it can be revoked. The procedure for the revocation of a Certificate of Occupancy in Nigeria, are governed by the Land Use Act of 1978. Unless land is revoked in accordance with the provisions of the Land Use Act, such revocation is invalid.

The Procedure that must be followed for Revocation 

1.Notice of Revocation: Section 28(6) of the Land Use Act 1978: This provides that the holder of C of O is given a notice prior to revocation, the Government must give notice to the landowner before revoking the C of O. While Section 44 of the LUA outlines how the notice should be effectively served on the holder of the C of O.

2. Payment of Compensation: Section 29 of the LUA requires the Government to pay compensation to the landowner, for the land and any improvements made on the land. The amount of compensation, is usually determined by an independent assessor appointed by the Government. The land owner also has an option to accept resettlement to another location.

Appeal

If the landowner is not satisfied with the revocation or the compensation offered, they can challenge the decision in court. The Land Use Act provides for a legal challenge, to the revocation of a C of O.

Conclusion

It is agreed that the law vests power of all lands in the Federal Capital Territory on the President, which is delegated to the FCT, Minister; it is equally pertinent to note that the Minister has the power to revoke any grant of certificate of occupancy, however the Minister will be acting ultra vires where he revokes the title as against the stipulated conditions or reasons provided in Section 28 of thr Land Use Act 1978. Therefore, aside from the conditions for revocation in the Land Use Act, no Governing or FCT Minister can revoke a certificate of occupancy for any other reasons.

Ochima George Esq, Senior Associate,  Marble Partners LP