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Land acquisition is the one topic that sends shivers down every landowner’s spine. Being told your land is needed for public purposes. Fast forward a few years, and instead of that promised hospital or school, you find a shopping mall with a suspicious number of government officials cutting ribbons. But what happens when the government doesn’t follow through with its promises? Can you reclaim your land?

 The answer is: Yes, you can if you know your rights.

A public purpose refers to an objective or activity carried out for the benefit, use, or welfare of the general public, rather than for private individuals or specific entities.

The Legal Framework:

Under Section 28(4) of the Land Use Act 1978, if land acquired by the government for a stated “public purpose” is not used for that purpose, the original landowners or their heirs have the right to reclaim it. This provision ensures that the government doesn’t treat compulsory acquisition as a free-for-all land grab.

The law states:

          “Where the land is not being utilized in accordance with the purpose for which it was acquired, the right of occupancy may be revoked, and the land shall revert to the original owner.”

Now, in order to reclaiming that land, there’s a catch: You’ll need to prove that the government hasn’t fulfilled the stated purpose.

At SHOLA LAMID & CO., we handled the case of DE- FORTUNE GATE ESTATE V HONEY WELL GROUP NIG that perfectly illustrates the right to reclaim land when its intended purpose is unfulfilled.

Our team skillfully argued before the court that private companies is not a public purpose.

This case not only resulted in a favorable judgment for our client but also reinforced the legal principles surrounding land use agreements and public purpose in Nigeria.

Also, in the case of MR LATIPH JIMOH v OGUN STATE PROPERTY & INVESTMENT CORP AND SAKR POWER GENERATION LIMITED

where the government had acquired land for public purpose but sold to a private entity.

The court held that the sale of the land to the second defendant was null and void.

Asides Reclaiming land, the section 44 (1) of 1999 constitution requires the government to pay prompt and fair compensation for any compulsory acquisition of property and gives the owner the right to challenge the acquisition or compensation in court.

At Shola Lamid & Co., we not only assist individuals and organizations in reclaiming their land from the government when it is not being used for its intended public purpose, but we also work with the government to ensure that land acquisitions are carried out lawfully and in alignment with constitutional and public interest mandates.

Our services include advising government agencies on the legal processes for acquiring land for public purposes, ensuring compliance with statutory provisions, and defending the government’s position in court when acquisitions are challenged. Our role is to promote fairness, accountability, and adherence to the law, whether representing private landowners or public authorities.

For any legal inquiries or assistance, please feel free to contact Shola Lamid & CO., Fortune Chambers. We are here to provide expert guidance and support.