The Nigerian Bar Association Gombe Branch has faulted Governor Muhammadu Yahaya’s Executive Order 007 on BAP 4, revoking the rights of occupancy.
According to a communiqué jointly signed by the Chairman; Barrister Benjamin Sati, and the Legal Adviser; Barrister Abubakar Bafeto, the governor’s order has generated confusion.
The association appealed to Yahaya to reverse the order, adding that it contravened the Land Use Act.
The Communiqué partly read, “We urge Your Excellency through the authorities to take the following steps: Reversal of the Revocation: We call for the immediate reversal of this declaration as it contravenes the Land Use Act and the Constitution of the Federal Republic of Nigeria 1999 (as amended) and judicial authorities.
“Suspension of Documentation: To suspend the documentation processes related to this revocation to prevent unnecessary litigation.
“Enforce Legal Protections: Ensure all land revocations adhere to established legal frameworks, safeguarding the rights of landholders.”
While emphasising the association’s desire, the communiqué added, “We are united in defending the rights of landholders and promoting justice in land governance. Addressing these issue is essential for fostering a fair and equitable society.”
Full-Text: Revocation Of Bap 4 Expressed Executive Order No. 7.
Background:
Land is a vital resource for our communities, providing homes and economic stability. However, Your Excellency’s Executive Order No. 7 which purportedly revokes ALL Allocations in BAP 4, has generated confusion regarding its legality and rationale. The Nigeria Bar Association Gombe Branch, in the exercise of its constitutional mandate convened to scrutinize this matter in its meeting of 26th September, 2024 and has taken the following stance:
Key Issues:
Section 28 (1):
“It shall be lawful for the Governor to revoke a right of occupancy for overriding public interest.”
– This includes reasons like public use or government projects.
-Section 28(4):
The Governor must issue a notice, typically on behalf of the President, stating the public purpose.
Section 28(6):
“The revocation of a right of occupancy shall be signified under the hand of a public officer duly authorised by the Governor and notice thereof shall be given to the holder.”
Section 28(7):
The right of the holder is extinguished upon receipt of the notice or on the date specified in the notice.
Section 44:
This section mandates how the notice of revocation must be served. Any deviation from these prescribed methods may render the revocation illegal.
Breach of Constitutional Rights (1999 Constitution)
Section 44(1):
The Constitution protects citizens from arbitrary seizure or deprivation of their property without due process.
– The failure to serve a notice of revocation directly to the affected party breaches constitutional safeguards.
– Revocation on a ground other than a breach of the term of grant or for public purpose is null, void and of no legal effect ab initio.
Call to Action:
We urge Your Excellency through the authorities to take the following steps:
Reversal of the Revocation: We call for the immediate reversal of this declaration as it contravenes the Land Use Act and the Constitution of the Federal Republic of Nigeria 1999 (as amended) and judicial authorities.
Suspension of Documentation: To suspend the documentation processes related to this revocation to prevent unnecessary litigation.
Enforce Legal Protections: Ensure all land revocations adhere to established legal frameworks, safeguarding the rights of landholders.
Establish Oversight Mechanisms: Create independent bodies to investigate any allegations of non-development of allocated land and if found wanting, can be revoked individually.
Promote Transparency: Implement policies for clear communication regarding land ownership and revocation processes.
Conclusion:
We are united in defending the rights of landholders and promoting justice in land governance. Addressing these issue is essential for fostering a fair and equitable society.
Thank you for your attention.
Yours sincerely,
Signed.
Benjamin SATI, Esq.
Chairman
Nigerian Bar Association, Gombe Branch
For further information, please contact:
[+2348039140112]Abubakar Bafeto Esq.
Legal Adviser, NBA Gombe Branch.
