COMPENSATION FOR REVOCATION OF LAND; THE SUPREME COURT AND THE ERROR OF S. 47(2)) OF THE LAND USE ACT 1978

Abstract

This paper interrogates the vexing issue of revocation of land under Nigerian law, the
compensatory remedies in cases of revocation, and the rights of persons to ventilate in the
recognised courts of the land when their right to prompt compensation and adequacy of such
compensations arise. This paper adopting doctrinal research methods examined relevant
provisions of extant laws on land rights in Nigeria, limits of such rights especially in the face
of the exercise of the State’s right to acquire any property for public purposes of providing
infrastructure and other social amenities, the issue of compensation to be paid where there is a
revocation and the right to approach the courts on issues of compensation. It was found that
land rights, though constitutional, were limited by the provisions of the Land Use Act 1978,
particularly its provisions on consent requirements and the right to revoke granted rights for
public purposes. It was also discovered that the provisions of s.47(2) of the Land Use Act
barred citizens from approaching the courts for the determination of issues concerning payable
compensation arising from the revocation of rights contrary to the provisions of the
Constitution. This Right of a citizen to sue was finally addressed by the Supreme Court in the
case of Controller-General of Prisons v. Elema, where the provisions of S.47(2) of the Land
Use Act 1978 were declared to be inconsistent with the provisions of the Constitution,
heralding a new dawn in the exercise of rights of Nigerian citizens. This paper ended with
concluding remarks.