LEGAL PRINCIPLE: LAND LAW — Land Use Act Interpretation — Local Government Powers — Acquisition for Public Purpose — Requirement of Proof
PRINCIPLE STATEMENT
A Local Government has no right to abolish a customary law agreement between parties or authorise trespass. Until it acts under sections 6(3) and 28(3) of the Land Use Act, it cannot be said that the respondent has been dispossessed.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Awaogbo v. Eze (1995) NLC-691991(SC) at pp. 18–19; Paras. D–A.
"Section 6(3) of the Land Use Act makes it lawful for a Local Government to enter upon, use and occupy any land within its area of jurisdiction for 'public purposes'. There was no evidence that Offia Okaji farmland of respondent was required or acquired for any public purpose. The Ikwo Local Government had no right, statutory or common law, to abolish the customary law agreement between the parties nor can it authorize an act of trespass. Until the Local Government acts under section 6(3) and section 28(3), it cannot be said that the respondent has been dispossessed of the land in his possession."
EXPLANATION / SCOPE
Local Government powers under the Land Use Act are limited to public purposes. There must be evidence of acquisition for public purpose. The Local Government cannot abolish customary agreements or authorise trespass. The principle applies to all Local Government actions. The party alleging acquisition must prove it. The court will examine compliance with the Act. The rule protects customary tenants. Until the proper procedure is followed, the tenant’s rights remain.