May 7, 2019

Legal Term via Olumide Babalola Law Dictionary



Revocation of Right Of Occupancy

A right of occupancy may be revoked by the Governor for overriding public interest.

The term ‘overriding public interest’ has been clearly defined by the law as follows:


a)  Where the holder of a statutory right of occupancy parts with the land in any manner contrary to the law or other regulatory provisions;

b)  Where the land over which statutory right of occupancy is granted is required by the State or Federal Government for public purposes;

c)  Where the land over which a statutory right of occupancy is granted is required for oil pipeline or any related purpose;

d)  Where the holder of a customary right of occupancy parts with the said land without the requisite consent;

e)  Where the land over which customary right of occupancy is granted is required by the Federal or State Government for public purpose

f)  Where the land over which customary right of occupancy is granted is required for mining purposes, oil pipeline or related purposes;

g)  Breach of any provisions or any term contained in the certificate of occupancy or any special contract made in accordance with the law in relation to the grant of the right of occupancy;

h)  Refusal to accept to pay for certificate of occupancy granted by the Governor.

Compensation would depend on the reason for revocation and may take the form of resettlement in any other place or area by way of reasonable alternative.

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