THE LAND USE ACT IS A FEDERAL ENACTMENT OVER ALL LAND WITHIN THE TERRITORY OF NIGERIA AND S.315,(6) VEST LAND WITHIN IN THE FEDERAL GOVERNMENT UNDER THE EXCLUSIVE LEGISLATIVE LIST FOR WHICH STATES GOVERNORS ONLY EXERCISE A LEGACY CREATED BY WAY OF TRUST IN THEIR FAVOUR AND FOR THE BENEFIT OF NIGERIA CITIZENS.
THEIR IS NEVER A TIME IT IS ENVISAGED THAT THE FEDERAL GOVERNMENT INTEND TO DIVEST ITSELF OF ITS OWN OWNERSHIP OF LAND IN NIGERIA UNDER THE LAND USE ACT AND FOR WHICH THE POSITION UNDER THE LAND USE ACT CANNOT OVERRIDE THE POSITION UNDER S.315(6) OF THE CONSTITUTION … THE AGREEMENT TO VEST IN GOVERNORS ONLY EXIST UNDER TRUST.
The LUA only make specification for the kind of relationship that should exist between the State and citizen in the form of trust between the trustee and beneficiary who are the beneficial owners over the trust created by the testator.
“Part I – General
1. Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.
NOTE: the word benefit of all Nigerians.
Considering the fact that the LUA soecifically made use of the word for then benefit of all Nigerians then their is no time a trust that is created will ever becomes the property of the person in control or administration of that trust property and for State Governors to now be claiming ownership on behalf of state.
S.315(5) & (6) vest land in the Federal Government under the exclusive legislative list.
S.315(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.
41. (1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.
42. (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.
(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.
46. (1) Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress.
Part III – Supplemental and Interpretation
1. Where by this Schedule the National Assembly is required to designate any matter or thing or to make any declaration, it may do so either by an Act of the National Assembly or by a resolution passed by both Houses of the National Assembly.
2. In this Schedule, references to incidental and supplementary matters include, without prejudice to their generality, references to:
(c) the acquisition and tenure of land.
315( 5) Nothing in this Constitution shall invalidate the following enactments, that is to say –
(a) the National Youth Service Corps Decree 1993;
(b) the Public Complaints Commission Act;
(c) the National Security Agencies Act;
(d) the Land Use Act,
and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except in accordance with the provisions of section 9 (2) of this Constitution.
(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.
The Federal Government can exercise overriding public interest also under the LUA:
(3) Overriding public interest in the case of a customary right of occupancy means –
(a) the requirement of the land by the Government of the State or by a Local Government in the State in either case for public purpose within the State, or the requirement of the land by the government of the Federation for public purposes of the Federation
Save and except that land is needed for public purpose then by implication, the Federal government cannot take over land for purpose of which grazing is of private nature except on consent.
The question now is that which of the interest that should be taken into considering as public interest:
1 the private grazing? or
2. the conflict or killing that the Government set out to curb?
Population has increased and people have had need for lands that were formerly used for grazing and the government is trying to resolve this problem by moving herdsmen away from people and their social life … what’s the problem with that?
The Federal government is trying to resolve the conflict by settling herdsmen away from people and their social activities
Its people that are seeing other things where non existed.
Their is no exclusive ownership in land by any Nigerian because land can only be given for a specified period.
You can’t sell a trust property but can only pass your interest in them.
Please Nigerians should relate with the comments of most IGBOS and you will come to see that they have a common trait to always rush to one another’s defence on every Federal Government proposal because they now suffer from Biafra syndromes that most of their opinions are now are blinded by tribal sentiments and hardly make common sense of most national issues.
Now is the time for Nigeria to abolish state of origin … this is causing problems on Nigeria because somebody someday will soon ask you to leave their state if we continue in this line
Zak Babah
