LEGAL PRINCIPLE: LAND LAW — Land Use Act — Revocation of right of occupancy — Governor’s power — Must be exercised under section 28
PRINCIPLE STATEMENT
The Governor's power to revoke a right of occupancy must be exercised for overriding public interest or for public purposes as prescribed by section 28 of the Land Use Act. Any revocation for purposes outside those prescribed is against the policy and intention of the Act and can be declared invalid, null, and void.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Dantsoho v. Mohammed (2003) NLC-511996(SC) at p. 7; Paras C–E.
"The power of the Governor to revoke a right of occupancy must be for overriding public interest and for requirement by the Federal Government, for public purposes. So that any revocation for purposes outside the ones prescribed by section 28 of the Act is against the policy and intention of the Act and can be declared invalid, null and void by a competent court."
EXPLANATION / SCOPE
Revocation must be for prescribed purposes under section 28. Revocation for other purposes is void. The principle applies to land under the Land Use Act. The court will examine the stated purpose. The rule protects landholders from arbitrary revocation. The Governor must act within statutory limits. The principle is well-established.