LEGAL PRINCIPLE: LAND LAW — Land Use Act — Section 5(2) — Vested Rights Not Extinguished Without Section 28 Compliance
PRINCIPLE STATEMENT
Section 5(2) may defeat existing rights to use and occupation but not vested rights unless such vested rights are first revoked under section 28 of the Act.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC (adopting Uwaifo, JSC's view), in Ibrahim v. Mohammed (2003) NLC-591997(SC) at p. 31; Paras B–D.
"It is not in doubt that under s.5(1)(a) of the Act, it shall be lawful for the Governor to grant statutory rights of occupancy to any persons in respect of land, whether or not in an urban area. Under s.5(2), when such a grant is made, all existing rights to the use and occupation of the land which is the subject of the statutory right of occupancy shall be extinguished. But these provisions so far referred to are certainly not to be applied to defeat vested rights recognised under the Act itself. They may admittedly, defeat 'existing rights to the use and occupation of the land' but not vested rights unless such vested rights are first revoked under s.28 of the Act as appropriate."
EXPLANATION / SCOPE
Vested rights cannot be extinguished by section 5(2) without prior revocation under section 28. The principle applies to the Land Use Act. The rule protects vested interests. The Governor must follow revocation procedures. The principle is well-established.
