Can the FCT minister revoke a statutory right of occupancy over non-development?

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It is no longer news that the federal capital territory , Abuja, has a new sheriff in town. Since assuming office as the FCT minister, Nyesom Wike, CON has without a doubt taken calculated steps aimed at overhauling the FCT and restoring the Abuja Master Plan.

Let’s quickly take a tour of the act to ascertain the extent of these revocation powers. Per Section 28 and of the act, the FCT minister is vested with the powers to revoke a granted right of occupancy on the ground of a breach of the provisions of Section 10 of the Act, which relate to payment for any unexhausted improvements existing on the land on the date of the allottee’s entering into occupation of such land and payment for ground rents on the land.

A breach of any term contained in the certificate of occupancy or in any special contract made under section 8 To further strengthen the provision of section 28 of the act, section 28 of the act provides that the revocation would only become effective on receipt of such notice or on such later date as may be stated in the notice.

By sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode; or Having unveiled what our jurisprudence holds on the revocation of rights of occupancy and notice to the holder of such rights, it is safe to say that unless prior notice of revocation was issued individually to the concerned 167 allottees whose rights of occupancy were revoked by the statement, it is the writer’s view that the statement merely constitutes a constructive notice and heavily falls short of the combined provisions of sections 28, , and 44 of the Land Use Act.

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thecableng /  🏆 2. in NG

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