A Senior Advocate of Nigeria, SAN, Dr Monday Ubani, has criticized a recent statement by Governor Abdullahi Sule of Nasarawa State, who claimed that “all lands belong to the state.”;
Dr Ubani described the assertion as a misrepresentation of the law and called for a more accurate understanding of land rights under the Nigerian Land Use Act.
In a statement issued to journalists on Tuesday, Dr Ubani explained that while the Land Use Act vests control of land in the state, it does not eliminate the rights of lawful or customary occupants of the land.
He stressed that the governor’s interpretation was incorrect and potentially harmful to the rights of indigenous landholders.
“The governor appears to misinterpret his role under the law,”; Dr. Ubani stated. “As a trustee, the governor is tasked with managing land for the benefit of all citizens, but this does not give him the authority to override the legitimate rights of people whose lands are under lawful or customary occupation.”;
The legal expert referenced the 1984 Supreme Court case Nkwocha v. Governor of Anambra State to reinforce his argument.
In the case, the court held that the Land Use Act does not extinguish the rights of land occupants but rather recognizes these interests and provides mechanisms for their regulation and management.
Ubani stated further that the law was never intended to facilitate arbitrary land seizures.
“The Land Use Act provides a framework for regulating land, but it does not allow for the indiscriminate confiscation of land from its rightful occupants,”; Ubani said.
He further pointed out that governors, in their capacity as trustees, must act responsibly and within the confines of the law, ensuring that the rights of people and communities are respected.
Any attempt to forcibly displace communities from their ancestral lands without due process, he warned, would not only be unjust but also unlawful.
