LEGAL PRINCIPLE: PROPERTY LAW – Land Use Act – Jurisdiction to Grant Rights of Occupancy in Urban Areas
PRINCIPLE STATEMENT
In areas designated as urban areas, local governments have no jurisdiction to grant any right of occupancy; such land is under the control and management of the state governor, and rights of occupancy purportedly issued by local authorities are issued without jurisdiction and grant nothing.
RATIO DECIDENDI (SOURCE)
Ratio Decidendi (Source): "Makera having been designated an urban area, the Kaduna Local Government has no jurisdiction to grant any right of occupancy in respect of land therein. The land is clearly under the control and management of the Governor of Kaduna State: See S.2 (1)(a). Accordingly, Exhibits E1A and E1B issued by the District Head of Makera purporting to grant rights of occupancy with respect to lands therein were issued without jurisdiction and therefore granted nothing."
EXPLANATION / SCOPE
This principle interprets the jurisdictional allocation under the Land Use Act, which fundamentally restructured land administration in Nigeria. Section 2(1)(a) of the Land Use Act vests control of urban land in state governors, while section 6 vests control of non-urban land in local government chairmen (subject to gubernatorial oversight). The critical distinction is between “urban” and “non-urban” areas. Once an area is designated as urban (through Gazette notice or other official designation), several consequences follow: (1) Exclusive gubernatorial jurisdiction—only the governor can grant statutory rights of occupancy in urban areas; (2) Ouster of local government authority—local governments lose all power to grant rights of occupancy in those areas; (3) Invalidity of local government grants—any purported rights of occupancy issued by local authorities are void for lack of jurisdiction. The principle applies strictly—there is no partial jurisdiction, substantial compliance, or ratification possibility. Jurisdiction is binary: either the area is urban (governor’s exclusive jurisdiction) or non-urban (local government jurisdiction subject to approval). Documents issued by unauthorized authorities “grant nothing”—they are complete nullities. Recipients acquire no title, rights, or interests. Good faith reliance provides no protection against the jurisdictional defect. This strict approach serves several purposes: (1) it maintains the clear jurisdictional allocation of the Land Use Act; (2) it prevents confusion about land administration authority; (3) it protects against invalid grants that might cloud titles; (4) it ensures proper land use planning under gubernatorial oversight. The principle requires careful verification of: (1) whether an area has been designated urban; (2) who issued the right of occupancy; (3) whether that authority had jurisdiction. Title searches must confirm that rights of occupancy were issued by the proper authority, as jurisdictional defects render them worthless regardless of other formalities.