International Journal of Multidisciplinary and Educational Research (IJMER)
An Analysis of the Power of Revocation of Right of Occupancy under the Land Use Act, 1978
E-ISSN: 6575-5565
P-ISSN: 3427-2556
DOI: https://iigdpublishers.com/article/1601
Section 28 of the Land Use Act, 1978 has been described as the part of the Act which frightens many land users. Although the section has been entrenched in the Act to make it easy for government to acquire land for public purpose, it is arbitrarily used to revoke right of occupancy. Some of the problems this research deals with are: Is the right holder entitled to be heard before his right of occupancy can be revoked? Does the Local Government have power to revoke customary right of occupancy under the Act? In this paper, the writer critically examined, and with masterly dexterity, the questions identified above. With the aid of judicial authorities, and statutes, the writer thus has shown that a right holder is entitled to be heard before his right can be revoked. More so, the Local Government has no power to revoke right of occupancy for overriding public interest; it can only revoke for public purpose. It is therefore recommended that section 28 of the Act be amended to remove the ambiguities contained therein, and the revoking authorities should always afford the right holder fair hearing before his right of occupancy is revoked.
Ahmed II Jalaludeen BALA, LLB, BL, LLM, PhD
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