BY MONDAY UBANI

The recent assertion credited to Governor Abdullahi Sule of Nasarawa State that “All lands belong to the State” during his inspection of farmlands in Tiv communities, though perhaps intended to justify state planning decisions, is fundamentally misleading, constitutionally flawed, and legally inaccurate within the framework of Nigeria’s extant laws, particularly the Land Use Act of 1978.

Legal Framework under the Land Use Act, 1978

The Land Use Act, which is embedded in the 1999 Constitution (as amended), remains the principal statute governing land ownership and control in Nigeria. Section 1 of the Act provides as follows:

“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.”

From this provision, it is clear that the governor is not the owner of land, nor is the land owned by the state in an absolute sense. Rather, the governor holds the land in trust for the people of the state. The trust doctrine confers on the governor a fiduciary responsibility to manage and allocate land for the benefit of the citizens, not to exercise arbitrary control or expropriation that disregards ancestral claims, customs, or established possession.

Customary Land Rights and Ancestral Occupation

In many communities across Nigeria, including those inhabited by the Tiv people, land tenure is historically based on customary ownership, often predating colonial and post-colonial statutes. The courts in Nigeria have consistently upheld the validity of customary land rights. In the case of Amodu Tijani v. The Secretary, Southern Nigeria (1921), the Privy Council recognized and protected the land rights of indigenous communities under customary law.

The expropriation or forceful acquisition of ancestral lands, without due process or adequate compensation, constitutes a violation of both Section 44 of the 1999 Constitution (which protects the right to property) and Sections 28 and 29 of the Land Use Act, which stipulate that land can only be revoked for overriding public interest and must be followed by prompt payment of compensation.

Governor’s Role as Trustee, Not Sovereign Owner

By declaring that “all lands belong to the State,” the governor appears to misinterpret his role under the law. His position as trustee does not empower him to override the legitimate land rights of the people, especially when such lands are under lawful or customary occupation.

The Supreme Court of Nigeria in Nkwocha v. Governor of Anambra State (1984) held that the Land Use Act does not extinguish rights of occupancy; instead, it recognizes existing interests and provides procedures for their regulation and management, not blanket confiscation

Implications for Peace, Development, and Justice

Land remains a highly emotive and sensitive issue, particularly in agrarian communities, where it constitutes the primary source of livelihood and cultural identity. The reported seizure of ancestral lands from the Tiv communities without adequate consultation, consent, or compensation is capable of breeding deep-seated resentment and potentially inciting conflict.

Governors must, therefore, exercise their authority under the Land Use Act with restraint, transparency, and due regard for human rights, constitutional protections, and the historical connection of communities to their lands.

The assertion that “all lands belong to the state” is a mischaracterization of the law. The Land Use Act vests land in the governor in trust, not in ownership. This trust obligation must be exercised with fidelity to the people’s interests and in accordance with due process of law.

Rather than make sweeping claims, His Excellency Governor Sule is respectfully advised to engage in inclusive consultations with affected communities, respect customary land rights, and ensure any acquisition is conducted lawfully and in good faith. Only through such a balanced approach can government action be deemed legitimate, equitable, and just. For now, the governor is exceeding his powers under the law, and the court will bring him to his knees very soon.

• By Dr. Monday O. Ubani, SAN is a former Chairman of NBA Section on Public Interest and Development Law (NBA-SPIDEL)