Native Lands Acquisition Law

1. Citation and application This Law may be cited as the Native Lands Acquisition Law and shall apply to the whole of Delta State.

2. Interpretation In this Law- "alien" means- (a) any individual other than a native of Nigeria; and (b) any company or association or body of persons corporates or incorporate other than- (i) a corporate body established specifically by or under any Act or Law which empowers that body to acquire and hold land; or (ii) a corporate body incorporated under provisions of the Land (Perpetual Succession) Act or any other Act or Law containing general provisions for incorporation where the corporate body is composed solely of natives of Nigeria; [No. 1 of 1948.] (iii) a corporate body established under any Law of the State relating to local government or education and empowered by that law to acquire and hold land; (iv) a co-operative society the majority of the members of which are natives of Nigeria and which is registered under the provisions of any Law of the State relating to co-operative societies; (v) a company or association or body of persons corporate or incorporate which the Executive Council may by order made under subsection (2) of section 7 of this Law declare to be exempt from the provisions of this Law; "court" means High Court of the State and a Magistrate's Court- "instrument" means any document in writing affecting land, and includes a will; "native" means any individual, company or association or body of persons corporate or unincorporate that is not an "alien" for the purpose of this Law.

3. Alien not to acquire land except with approval of Governor or unless exempted (1) Except as provided by any regulations or orders made pursuant to section 7, no alien shall acquire any interest or right in or over any land from a native unless the transaction under which the interest or right is acquired has been approved by the Governor in accordance with the provisions of this Law. (2) Except as provided by any regulations or orders made pursuant to section 7, where any such interest or right has been lawfully acquired by an alien, that right shall not be transferred, alienated, demised or otherwise disposed of to any other alien, or be sold to any other alien under any process of law, without the approval of the Governor of the transaction or sale, as the case may be, in accordance with the provisions of this Law. (3) Any agreement and any instrument in writing or under seal or under which an alien purports to acquire any interest in or right over any land (other than a right or interest acquired pursuant to any regulations or order made under subsection (1) or subsection (2) of section 7) and which forms part of or gives effect to a transaction that has not been duly approved in accordance with the provisions of this Law, shall be void and of no effect.

4. Unlawful occupation of land by alien (1) It shall be unlawful for any alien or for any person claiming under an alien to occupy any land, belonging to a native unless the right of the alien to occupy or authorize the occupation of the land- (a) was acquired in a transaction which has received the approval of the Governor in accordance with section 3; or (b) was acquired by virtue of any regulations or order made pursuant to subsection (1) or subsection (2) of section 7; or (c) is evidenced by an instrument which has received the approval of the Governor in writing under any statutory provision in force, at the time of the approval; or (d) was acquired, if the land is situate in that part of Delta State which in the year 1900 was included in the Protectorate of Southern Nigeria before the 1st of January, 1900, and in the case of lands situate elsewhere, before the 30th of March, 1908; or (e) is authorised by or under any Act or Law. (2) Any alien or any other person who is in unlawful occupation of land belonging to a native, shall be guilty of an offence and liable on summary conviction to a fine of two thousand naira or imprisonment for twelve months.

5. Procedure for ejection of alien in unlawful occupation (1) Where it appears to the court that any alien, or person claiming to be entitled under an alien, is in unlawful occupation of any land belonging to a native the court may, on the application of the Attorney-General or the Commissioner of Lands, Survey and Urban Development or any person authorised by the Governor or on its, own motion, cause a summon to be issued to such alien or person aforesaid, requiring him to appear before the court and produce the instrument by virtue whereof the alien who is occupying the land or under whom the land is occupied is entitled to occupy or authorised to occupy the same, or a copy of such instrument certified in accordance with the law relating to the registration of instruments. (2) If on the hearing of such summons the court shall find that such alien or person claiming under him is occupying land belonging to a native, and such alien or person fails to satisfy the court that such occupation is lawful, the court shall order such alien or person aforesaid to give up possession of the land, and shall issue such process as may be necessary for enforcing such order.

6. Institution and conduct of legal proceedings Notwithstanding the provisions of any written law to the contrary, proceedings for an offence against any provision of this Law and all civil proceedings shall be Drought in the name of the Commissioner of Lands Survey and Urban Development and may be instituted and conducted by him or any person authorised by him generally or specifically by writing under his hand in relation to any particular proceedings or class of proceedings.

7. Power to make regulations and orders (1) The Executive Council may make regulation with respect to all or any of the folic wing matters- (a) prescribing the procedure for application for approval in accordance with section 3 of the acquisition of any right or interest in land by an alien; (b) specifying the stage in any transaction for the grant of any right or interest in land to an alien at which application is to be made for approval in accor1 dance with section 3; (c) requiring that any agreement for the grant of any right or interest in land to an alien or any instrument granting such right or-interest shall be in writing or in any other specified form; (d) prescribing the terms and conditions to be included in agreements in writing or other instruments submitted for approval in accordance with section 3; (e) prescribing the form in which approval in accordance with section 3 may be given; (f) exempting from the provisions of section 3 (1) or (2)- (i) the acquisition by all or any specified class of aliens of such rights or interests in land as may be prescribed; or (ii) the acquisition by any alien or any specified class of aliens of rights or interests in land for any specified purpose. (g) prescribing the fees (if any) to be paid in connection with applications for, and the grant of approval of a transaction. (2) The Executive Council may by order declare any company or association or body of persons corporate or incorporate and not already exempt from the provisions of this Law to be so exempt, subject to such conditions (if any) as the Executive Council may deem fit to impose.

8. Chapter 144 of the Laws of Nigeria, 1948 of no force or effect in the State For the avoidance of doubt, it is hereby declared that the Native Lands Acquisition Ordinance, 1948 has no force or effect in the State.