Renowned legal practitioner Dr. Monday O. Ubani, SAN, has issued a strong rebuttal to Nasarawa State Governor Abdullahi Sule’s assertion that “all lands belong to the State,” labeling the statement as misleading, constitutionally flawed, and legally inaccurate. The governor’s remark, made during an inspection of farmlands in Tiv communities, has sparked controversy, particularly amid reports of ancestral land seizures without adequate consultation or compensation. Ubani’s critique, grounded in Nigeria’s Land Use Act of 1978 and constitutional provisions, underscores the governor’s role as a trustee, not an absolute owner, and warns of potential conflict if customary land rights are disregarded.
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Governor Sule’s claim hinges on a misinterpretation of the Land Use Act, embedded in the 1999 Constitution, which governs land tenure in Nigeria. Section 1 of the Act vests all land in a state in the governor, to be held in trust for the benefit of all Nigerians. Ubani clarifies that this provision does not confer ownership on the governor or the state but imposes a fiduciary duty to manage land equitably. “The governor is not the owner of land, nor is the land owned by the state in an absolute sense,” Ubani stated, emphasizing that the trust doctrine requires governors to prioritize citizens’ interests over arbitrary control.
Citing the Supreme Court’s ruling in Nkwocha v. Governor of Anambra State (1984), Ubani noted that the Land Use Act does not extinguish existing rights of occupancy. Instead, it regulates and manages these rights, requiring due process for any acquisition. The governor’s assertion, he argues, risks undermining these legal safeguards.
Ubani highlighted the significance of customary land tenure, particularly in Tiv communities, where land ownership predates colonial and post-colonial laws. He referenced the Privy Council’s decision in Amodu Tijani v. The Secretary, Southern Nigeria (1921), which upheld indigenous land rights under customary law. The reported seizure of Tiv farmlands without consent or compensation, Ubani warned, violates Section 44 of the 1999 Constitution, which protects property rights, and Sections 28 and 29 of the Land Use Act, which mandate compensation and public interest justification for land revocation.
“The expropriation of ancestral lands without due process is not only illegal but also a recipe for unrest,” Ubani said, noting that land is a source of livelihood and cultural identity for agrarian communities.
Ubani criticized Sule’s statement as a misrepresentation of his role as a trustee under the Land Use Act. “By declaring that ‘all lands belong to the State,’ the governor appears to misinterpret his authority,” he said, stressing that trusteeship does not permit overriding legitimate land rights, especially those under customary or lawful occupation. He cautioned that such actions exceed the governor’s legal powers and predicted judicial intervention, stating, “The court will bring him to his knees very soon.”
The controversy over land seizures in Tiv communities has heightened tensions, with Ubani warning that disregarding customary rights could incite conflict. “Land is a highly emotive issue… The reported actions are capable of breeding deep-seated resentment,” he said. To avert unrest, Ubani urged Governor Sule to engage in inclusive consultations, respect ancestral claims, and ensure any land acquisition adheres to legal and transparent processes.
He advocated for a balanced approach that aligns with human rights, constitutional protections, and the historical connection of communities to their lands. “Only through such a lawful and equitable process can government action be deemed legitimate,” Ubani asserted.
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