LEGAL PRINCIPLE: LAND LAW — Land Use Act — Section 28 — Revocation of Right of Occupancy — Mandatory Compliance Required for Validity
PRINCIPLE STATEMENT
The Governor can revoke a right of occupancy only for overriding public interest. The holder must be notified in advance. Revocation does not include vesting it in another. All terms and conditions laid down by the Act must be strictly adhered to.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Ibrahim v. Mohammed (2003) NLC-591997(SC) at p. 12; Paras C–E.
"The Governor can only revoke a right of occupancy for 'overriding public interest'... If such powers of revocation are to be exercised, the holder of the right of occupancy must be notified in advance. Revocation of a right of occupancy for public purpose or in the public interest does not include the revocation of the right of a grantee for the purpose of vesting it in another. Therefore, since revocation of the grant involves the deprivation of the proprietary right and obligations of a grantee, all the terms and conditions laid down by the Act must be strictly adhered to and complied with."
EXPLANATION / SCOPE
Revocation requires strict compliance with section 28. The principle applies to the Land Use Act. The rule protects the grantee’s rights. Non-compliance renders revocation invalid. The principle is well-established.
