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INTERPRETATION OF S.22 LAND USE ACT

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Firstly, the position of section 22 of the Act, is undoubtedly, that a holder of a right of occupancy, may enter into an agreement or contract, with a view to alienating his said right of occupancy. In entering into such an agreement or contract, he does not need the consent of the Governor. He merely operates within the first leg/stage of a “transfer on sale of an estate in land” which leg/stage ends with the formation of a binding contract for a sale constituting an estate contract at best. However, when he comes to embark on the next leg/stage of alienating or transferring his right of occupancy which is done or effected, by a conveyance or deed, which culminates in the vesting of the said right in the particular “purchaser”, he must obtain the consent of the Governor in order to make the transaction valid. If he fails to do so, then the transaction, is null and void under Section 22 of the Act.

– Ogbuagu, JSC. Brossette v. Ilemobola (2007)

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GENERAL PROVISION MUST GIVE WAY FOR SPECIFIC PROVISION

The law is trite that where there is a specific legislation on a matter, the general principle of law must give way and cannot override the specific provisions of law on the subject. See Orubu v. INEC (1988) 12 SCN) 256 at 349, Unity Bank Plc. v. Kay Plastic Nig. Limited & anor (2011) LPELR 8839 (CA).

– T. Akomolafe-Wilson, JCA. Onnoghen v. FRN (2019) – CA/A/44C/2019

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WHEN STATUTE MAY BE CONSTRUED RETROSPECTIVELY

The retrospective nature of a statute may concern the whole provisions of the Statute, as where the commencement date so indicates; or may concern only a section of the statute – see Lauri v. Renad. (1892) 3 Ch. 402 at p. 421; Pardo v. Bingham, (1868 -69) 4 L.R.Ch. App. 735 at p. 739 and West v. Gwynne (1911) 2 Ch. 1. Where a statute is passed for the purpose of supplying an obvious omission in a former statute, the subsequent statute has relation back to the time when the prior Act was passed – see p. 395 of Craies on Statute Law. 7th Edition. Where a statute is in its nature declaratory, the presumption against construing it retrospectively is inapplicable – See A – G v. Theobald. (1890) 24 Q.B.D. 557. If by necessary implication from the language employed that the legislature intended a particular section to have a retrospective operation, the courts will give it such an operation- Lane v. Lane (1896) P. 133.

Ibrahim v Barde (1996) – SC.74/1995

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DUTY OF JUDGE TO INTERPRETE THE LAW

I agree that a judge should be firm and pungent in the interpretation of the law but such should be short of a judge being a legislator. This is because it is the duty of the legislature to make the law and it is the assigned duty of the judge to interpret the law as it is; not as it ought to be. That will be flouting the rule of division of labour as set out by the Constitution of the Federal Republic of Nigeria, 1999. The provisions of sections 2(1) and 24 of the Act as reproduced above remain the law and shall continue to be so until when same is repealed or amended. For now, I see nothing amiss about the law.

— J.A. Fabiyi, JSC. FBN v. Maiwada (2012) – SC.269/2005

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COMPENSATION FOR REVOCATION UNDER THE LAND USE ACT

Compensation under sub-section (1) of section 28 of the Act would be as respects:- (a) the land for an amount equal to the rent if any paid by the occupier during the year in which the right of occupancy was revoked, i.e. 1979; (b) buildings, installation or improvements thereon for the amount of the replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation together with interest at the bank rate of delayed payment of compensation and in respect of any improvement in the nature of reclamation works being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer; (c) crops on land apart from any building, installation or improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer.

— Obaseki, JSC. Foreign Finance Corp. v Lagos State Devt. & Pty. Corp. & Ors. (1991) – SC. 9/1988

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DICTA SHOULD NOT BE READ OUT OF CONTEXT

Dicta should not be taken and read out of context.

– Obaseki, JSC. Adegoke v. Adesanya (1989)

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MEANING OF THE WORD “SHALL” – IT IS A COMMAND

At para. 2.19: In the case of Dr. Arthur Agwuncha Nwankwo and Ors V. Alhaji Umaru Yar’Adua and Ors. (2010) LPELR-2109(SC), the apex Court held as follows on the interpretation to be accorded the word ‘shall’ in a statute, “The word shall when used in a statutory provision imports that a thing must be done. It is a form of command or mandate. It is not permissive, it is mandatory. The word shall in its ordinary meaning is a word of command which is normally given a compulsory meaning as it is intended to denote obligation. Bamaiyi V. A.G. Federation (2001) 12 NWLR Pt. 722 pg. 468 Ifezue V. Mbadugha (1984) 1 SCNLR pg. 427 Chukwuka V. Ezulike (1986) 5 NWLR pt. 45 pg. 892, Ngige V. Obi (2006) 14 NWLR pt. 991, pg. 1.” See also Chika Madumere and Anor V. Barrister Obinna Okwara and Anor (2013) LPELR-20752(SC).

— (Relied upon in FRN v ASUU (2022) – NICN/ABJ/270/2022)

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