Section 43-52 of the Land Use Act (2004)

Section 43-52 of the Land Use Act (2004)

Section 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 of the Land Use Act (2004) is under PART VIII (Supplemental) of the act.

Section 43 of the Land Use Act (2004)

Prohibition of, and penalties for, unauthorised use of land

(1) Save as permitted under Section 34 of this Act, as from the commencement of this Act no person shall in an urban area –
(a) erect any building, wall, fence or other structure upon; or
(b) enclose, obstruct, cultivate or do any act on or in relation to, any land which is not the subject of a right of occupancy or licence lawfully held by him or in respect of which he has not received the permission of the Governor to enter and erect improvements prior to the grant to him of a right of occupancy.

(2) Any person who contravenes any of the provisions of subsection (1) shall on being requires by the Ministry Governor so to do any
within the periods of obstruction, structure or thing which he may have caused to be placed on the land and he shall put the land in the same condition as nearly as may be in which it was before such contravention.

(3) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and liable on conviction to imprisonment for one year or to a fine of N5,000.
(4) Any person who fails or refuses to comply with a requirement made by the Governor under subsection (2) Shall be guilty of an offence and liable on conviction to a fine of #100 for each day during which he makes default in complying with the requirement of the Governor.

Section 44 of the Land Use Act (2004)

Service of notices

Any notice required by this Act to be served on any person shall be effectively served on him
(a) by delivering it to the person on whom it is to be served: or
(b) by leaving at the usual or last known place of abode of that person: or
(c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode: or
(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at its registered or principal office or sending to in a prepaid registered letter addressed to the secretary or clerk of the company or body at that office.
(e) if it is not practicable after reasonable inquiry to ascertain the name or address of a holder or occupier of land on whom it should be served by addressing it to him by the description of “holder” or “occupier” of the premises (naming them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it con be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

Section 45 of the Land Use Act (2004)

Delegation of powers

(1) The Governor may delegate to the State Commissioner all or any of the powers conferred on the
Governor by this Act, subject to such restrictions, conditions and qualifications, not being inconsistent with the provisions, or general intendment, of this Act as the Governor may specify.
(2) Where the power to grant certificates has been delegated to the State Commissioner such certificates shall be expressed to be granted on behalf of the Governor.

Section 46 of the Land Use Act (2004)

Power to make regulations

(1) The National Council of States may make regulations for the purpose of carrying this Act into effect and particularly with regard to the following matters
(a) the transfer by assignment or otherwise howsoever of any rights of occupancy, whether statutory or customary, including the conditions applicable to the transfer of such rights to persons who are not Nigerians:
(b) the terms and conditions upon which special contracts may be made under section 8:
(c) the grant of certificates of occupancy under section 9:
(d) the grant of temporary rights of occupancy;
(e) the method of assessment of compensation for the purposes of section 29 of this Act.

(2) the Governor may, subject to subsection (1) make regulations with regard to the following matters:-
(a) the method of application for any licence or permit and the terms and conditions under which licences may be granted;
(b) the procedure to be observed in revising rents;
(c) the fees to be paid for any matter or thing done under this Act.
(d) the forms to be used for any document or purposes.

Section 47 of the Land Use Act (2004)

Exclusion of certain proceedings

(1) Act shall have effect notwithstanding anything to the contrary in any law or rule of law including the Constitution of the Federation or of a State and, without prejudice to the generality of the foregoing, no court shall have jurisdiction to inquire into:-
(a) any question concerning or pertaining to the vesting of all land in the Governor in accordance with the provisions of this Act: or
(b) any question concerning or pertaining to the right of the Military Governor to grant a statutory right of occupancy in accordance with the provisions of this Act; or
(c) any question concerning or pertaining to the right of a Local Government to grant a customary right of occupancy under this Act.

(2) No court shall have jurisdiction to inquire into any question concerning or pertaining to the amount or adequacy of any compensation paid or to be paid under this Act.

Section 48 of the Land Use Act (2004)

Modification of existing laws

All existing laws relating to the registration of title to, or interest in, land or the transfer of title to or any interest in land shall have effect subject to such modifications (whether byway of addition, alteration or omission) as will bring those laws into conformity with this Act or ifs general intendment.

Section 49 of the Land Use Act (2004)

Exemption with respect to Federal Government lands, etc.

(1) nothing in this Act shall affect any title to land whether developed or undeveloped held by the Federal Government or any agency of the Federal Government at the commencement of this Act and, accordingly, any such land shall continue to vest in the Federal Government or the agency concerned.
(2) In this section, “agency” includes any statutory corporation or any other statutory body (whether corporate or unincorporated) or any company wholly-owned by the Federal Government.

Section 50 of the Land Use Act (2004)

Validity of laws, etc.

(1) notwithstanding anything to the contrary in this Act or any other enactment. All laws and subsidiary
legislation made at any time between the commencement of this Act and 30th September 1979 by an Administrator (or former Governor) the Executive Council, a Commissioner or any other authority or any public officer of a State shall be deemed to have been validly made and shall have effect as if they have been under or pursuant to the Act and accordingly, shall hereafter continue have effect according to their tenor and intendment as if they were regulations made under or pursuant to section 46 of this Act.

(2) For the purposes of subsection (1) of this section
(a) all contracts and all executive and judicial acts, including acts pertaining to the establishment, membership and functions of any Land Use Allocation Committee or of any other authority or to the appointment of any person, shall be deemed to have been validly entered into or done and shall hereafter continue to have effect as provided in the said subsection; and
(b) any instrument or other evidence relating to the allocation of any land, whether or not expressed to have been made under this Act, shall be deemed to have been validly issued or given under or pursuant to this Act and shall continue to have effect according to its tenor and intendment accordingly.

Section 51 of the Land Use Act (2004)

Interpretation

(1) In this Act, unless the context otherwise requires:- “agricultural purposes” includes the planting of any crops of economic value:
“appropriate officer” means the Chief Lands Officer of a state and in the case of the Federal Capital Territory means the Chief Federal Lands Officer;
“customary right of occupancy” means the right of a person or community lawfully using or occupying
land in accordance with customary law and includes a customary right of occupancy granted by a
Local Government under this Act.
“developed land” means land where there exists any physical improvement in the nature of road
development services, water, electricity, drainage, building, structure or such improvement that may
enhance the value of the land for industrial, agricultural or residential purposes;

“easement” means a right annexed to land to utilize other land in different holding in a particular manner
(not involving the taking of any part of the natural produce of that land or of any part of its soil) or to
prevent the holder of the other land from utilizing his land in a particular manner;
“Government” means the Government of the Federation or the Government of a State;
“grazing purposes” includes only such agricultural operations as are required for growing fodder for
livestock on the grazing area;
“High Court” means the High Court of the State concerned;
“holder” in relation to a right of occupancy, means a person entitled to a right of occupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortgagee, sub lessee or sub-under lessee;

“improvements” or “unexhausted improvements” means anything of any quality permanently attached to the land, directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf, and increasing the productive capacity, the utility or the amenity thereof and includes buildings. plantations of long lived crops or trees, fencing, wells, roads and irrigation or reclamations works, but does not include the result of ordinary cultivation other than growing produce: “interest at the bank rate”
means a simple interest payable at the rate per cent per annum at which the Central Bank of Nigeria will rediscount bills of exchange;
“Local Government” means the appropriate Local Government or any other body having or exercising the powers of a Local Government as provided by law in respect of the area where the land in question is situated;
“Governor” means the Governor of the State concerned;
“mortgage” includes a second and subsequent mortgage and equitable mortgage;
“occupier” means any person lawfully occupying land under customary law and a person using or occupying land in accordance with customary law and includes the sub-under lessee of a holder;

“public purposes” includes:-
(a) for exclusive Government use or for general public use;
(b) for use by any body corporate directly established by law or by any body corporate registered under the Companies Act 1968 as respects which the Government owns shares, stocks or debentures;
(c) for or in connection with sanitary improvements of any king;
(d) for obtaining control over land contiguous to any part or over land the value of which will be enhanced by the construction of any railway, road or other public work or convenience about to be undertaken or provided by the Government;
(f) for obtaining control over land required for or in connection with mining purposes;
(g) for obtaining control over land required for or in connection with planned urban or rural development or settlement;
(h) for obtaining control over land required for or in connection with economic, industrial or agricultural development;
“statutory right of occupancy” means a right of occupancy granted by the Governor under this
Act;
“urban area” means such area of the state as may be designated as such by the Governor pursuant to section 3 of this Act;
“sub-lease” includes sub-underlesse.

(2) The powers of a Governor under this Act shall, in respect of land comprised in the Federal Capital Territory or any land held or vested in the Federal Government in any State, be exercisable by the Head of the Federal Military Government or any Federal Commissioner designated by him in that behalf and references in this Act to Governor shall be construed accordingly.

Section 52 of the Land Use Act (2004)

Short title

This Act may be cited as the Land Use Act 1978


Credit:
fao.org
https://www.lawyard.ng/wp-content/uploads/2015/11/LAND-USE-ACT-2004.pdf

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