Can government demolish my house and take my land without compensation? Yes, government can demolish your house and take your land! Albeit, government will compensate you for all your expenditure on the land in certain circumstances. The circumstances and steps therein will be theme of this piece. I advise you to get a copy of the Land Use Act of 1978 from any bookshop to understand and appreciate land contracts and transactions in Nigeria, as a whole. A copy of the Constitution of the Federal Republic of Nigeria 1999 (as amended) will also help.

It is an inalienable fundamental human right of all persons above 21 years old to acquire and own land in any part of Nigeria (See Section 43 of Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 7 of the Land Use Act, 1978). On this, a man from Bayelsa State can acquire and own land in Bauchi State while a woman from Cross Rivers State owns land in Lagos State. Even a foreigner can own and acquire land in any part of Nigeria. Since the law reads “persons” it means both Nigerians and Non-Nigerians,juristic and “juridical” beings, human beings and corporate beings, (companies, association, churches, corporations, societies and incorporated trustees). Our constitution went further to state that no movable or immovable (land and developments on it) can be taken compulsorily in any part of Nigeria except in some specified manners and purposes (See, Section 44 of Constitution of the Federal Republic of Nigeria 1999 (as amended)). The referred “specified manners and purposes” will be explained later. All the lands in Nigeria (the 36 states) are vested on the Governors of each state and that of the Federal Capital Territory or any Federal Government ministry, department or agency in any state is on the President of Nigeria (often delegated to his various Ministers). (See, Section 1 and Section 51 subsection 2 of the Land Use Act, 1978). In simple, whatever a Governor can do on land matters, the President of Nigeria or his ministers can do same for lands under their administration. Land is vested on the Governors to hold the land in trust and administer same, for the use and common good and benefit of all Nigerians. Hence, land is not vested on a governor as an individual rather to the office of the Governor. Most governors delegate their powers to use and administer state land to their Commissioners for Land and Survey. Please note that, Federal Government owns the lands in states being used by federal government agencies, departments, corporation, ministries, quarters, estates, commissions and bodies. Dealings over such federal government lands are being administered by the President of Nigeria through his Ministersof the various ministries and not the states’ governors, (see, Section 51 subsection 2 of the Land Use Act, 1978).

On the foundation of the above, it is safe to reiterate that all lands are vested on the governors who give leases to interested persons (Nigerians and Non-Nigerians, human and corporate beings). So, people don’t own land in Nigeria rather have leases (often for a term of 99 years) from the government. Government is the sole landlord/landowner of all lands in Nigeria and grants “Rights of Occupancy” through a “Certificate of Occupancy” to interested persons (human or corporate) by land allocation. Have you ever wonders why no person in Nigeria has a “Certificate of Ownership” of land? Why do people pay rent (ground rent) to government? Why do people need the consent of a Governor to sell, lease, mortgage or sublet land in a state? They are so because people in Nigeria are tenants to the landlord’s of Nigeria (Federal, state and Local Governments), who issue certificate of occupancy and yearly receipt upon receiving ground rents and equally give consent where necessary in all deals over land.
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