LEGAL PRINCIPLE: LAND LAW — Land Use Act — Section 5(2) — Later grant cannot extinguish earlier statutory right of occupancy without revocation
PRINCIPLE STATEMENT
Where a right of occupancy (statutory or customary) is already vested, a later grant under section 5(1) cannot, by operation of section 5(2), extinguish the earlier right. The earlier right must first be revoked under section 28 for overriding public interest.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Dantsoho v. Mohammed (2003) NLC-511996(SC) at pp. 20–21; Paras E–A.
"Where a right of occupancy is involved, either in the nature of a statutory or customary right of occupancy upon the issuance of a right of occupancy or through a deemed right of occupancy by operation of sections 34(2) and 36(4) of the Act, a later grant of a right of occupancy under section 5(1) cannot ipso facto, by operation of section 5(2), extinguish the earlier right already vested. It will be necessary first to revoke that earlier right of occupancy for overriding public interest or for any of the other reasons as specified under section 28."
EXPLANATION / SCOPE
An existing right of occupancy cannot be extinguished by a later grant without prior revocation. The principle applies to land under the Land Use Act. The later grant is invalid if the earlier right still subsists. The rule protects vested rights. The Governor must follow revocation procedures. The principle is well-established.