Niger Lands Transfer Law

1. Short title and application (1) This Law may be cited as the Niger Lands Transfer Law and shall apply throughout the Delta State.

2. With certain exceptions all lands and rights belonging to Niger Company limited in the State vested in Governor in trust for Government of the State. Save and except the pieces of land mentioned in the Second Schedule, all the lands and rights within the State belonging to Royal Niger Company Limited (formerly known as Royal Niger Company, Chartered and Limited, which with its successors in title is hereinafter referred to as the company), on the first of January, 1900, and specified and referred to in the agreements and instruments mentioned in the First Schedule which were duly registered under the Law known as The Lands Registry Regulations (1896)” (Regulation No. 42,1896) of the Royal Niger Company, Chartered and Limited, shal1 be and were vested as from the 1st January, 1900, in the Governor in the trust for Her Majesty, Her Heirs and successors, upon and subject to the terms and conditions contained or referred to in the said agreements mentioned in the First Schedule so far as such terms and conditions relate thereto, and subject to the right described in the third column of the Second Schedule and as from the date of the coming into operation of the adaptation of Laws Order, 1954, shal1 be and are hereby vested in the Governor as may be prescribed under the Constitution of the Federal Republic of Nigeria upon the same trusts and upon and subject to the same terms and conditions, and subject to the same rights as hereinbefore specified, and from the date of coming into operation of the States (Creation and Transitional Provisional (Amendment) (No.2) Decree, 1967 shall be and are hereby (but without prejudice to any orders made under section 8 before that date) vested in the President in trust for the benefit of the Federal Government or in the Governor in trust for the benefit of the Government of the Delta State, as the case may be, and upon and subject to the same terms and conditions and subject to the same rights as hereinbefore specified.

3. Certain pieces of land in the State to remain and certain rights to be vested in the Niger Company (1) The pieces of lands described in the second column of the Second Schedule, which are parts of the lands specified or referred to in the agreement and instruments mentioned in the First Schedule, shall remain vested in the Niger Company upon and subject to the terms and conditions contained or referred to in the agreement and instruments aforesaid so far as such terms and conditions relate thereto. (2) The rights specified in the third column of the Second Schedule appurtenant to the pieces of lands aforesaid, shall be and they are hereby as from the said 1st January, 1900, vested in the company upon and subject to the terms and conditions contained in the said third column of the said Second Schedule. [First Schedule, Second Schedule]

4. Plans Second Schedule The pieces of lands and rights specified in the Second Schedule are more particularly described and indicated on the plans referred to in the first column of the said Schedule, deposited in the registry at Calabar and certified by the High Commissioner of the Protectorate of Southern Nigeria.

5. Right reserved to the Government to land and embarked mails Second Schedule. Notwithstanding the provisions of this Law, the Government shall have the right to land and embark mails and passengers, with their luggage, at the regular landing places, and pass over the lands described in the second column of the Second Schedule abutting on the River Niger or any other river or creek or lake, and also over any lands on or over which any exclusive rights are vested in the company by this Law.

6. Power to require the company to fence off lands vested in them (1) The company shall if and whenever required by the Governor by notice in writing, at their own expense, fence off and keep fenced off from the adjoining lands by substantial fences, to the satisfaction of the Governor, the lands described in the Second column of the Second Schedule, or such parts thereof as the Governor may by any notice aforesaid direct. (2) If the company refuses or neglects to fence off or keep fenced off in the manner aforesaid the said pieces of land or part thereof, any person or officer authorised by the Governor in that behalf may enter upon the said pieces of land and erect or cause to be erected such fences or make or cause to be made such repairs, as in the opinion of the Governor are requisite for properly fencing off or keeping fenced off from the adjoining lands the said pieces of lands or parts thereof, and the expenses of so doing, together with a reasonable sum for supervision of the work by any officer or person aforesaid, shall be recoverable as a debt from the company by action or other appropriate proceedings in the name of the Attorney-General of the Federation or of the State as the case may be.

7. Definition For the purpose of this Law – “Vested Trust Land” means any of the lands and interests vested in the Governor in trust for the benefit of the government of the State under the provisions of this Law.

8. Governor may by order abandon title (1) Where in relation to any vested trust lands the Governor considers it desirable so to do he may by order published in the State Gazette declare that with effect from a date to be specified in such order, he abandons all the right, title or interest vested in him by virtue of this Law in the whole or any part of such vested trust lands as may be mentioned therein: Provided that no such order shall be made with regards to any lands or interests in lands which are or form part of vested trust lands and concerning which any proceedings are before, any court. (2) Where any order has been made under the provisions of the preceding subsection the provision of sections 9, 10, and 11 of this Law shall not apply to any proceedings concerning those vested trust lands, the subject of the order save that a court shall take notice of and shall record such fact in any judgment or decision made in those proceedings.

9. Stay of court proceedings concerning vested trust lands and notification of Attorney-General Where in any suit, action, motion, originating summons or other proceedings brought or being before any court concerning any land or interest in land, it shall come to the knowledge of that court that such land or any part thereof or any interest thereover is or forms part of any vested trust lands the court shall forthwith notify the Attorney-General of the Federation or of the State as the case may be in the prescribed manner and form calling upon him for reply thereto and shall, by order in the prescribed form, stay the proceedings for such reply to be lodged with the court.

10. Attorney-General to file reply The Attorney-General of the Federation or of the State as the case may be shall, on behalf of the President or Governor and as soon as practicable after the receipt of the notification from the court under the provisions of section 9, file with the court a reply in the prescribed form, stating whether the Governor claims any title or interest in the vested trust lands and setting out the nature of such claims with particulars thereof or whether he abandons all the right, title or interest vested in him by virtue of this Law in the whole or any part of such vested trust lands.

11. Procedure after reply filed Upon the filing of a reply by the Attorney-General under the provisions of section 10, the court shall - (a) where the Governor intends to pursue any claim, cause him to be joined as a party to the proceedings and make and give all necessary orders and directions in that behalf; (b) where the Governor abandons all the right, title or interest, take note of this fact and record the same in any judgment which it may give in the proceedings, but shall not cause the Governor to be joined as a party to the proceedings. and shall resume the hearing of the said proceedings at which the Governor, when he is joined as a party thereto, may be represented by a law officer, a State counsel or any legal practitioner duly appointed in that behalf by the Attorney-General: Provided that – (i) the representative of the Governor may, in any proceedings the hearing of which is ordered to be resumed under the provisions of paragraph (a) of this section, request that such proceedings be commenced de novo and on such request being made the court shall accede thereto and shall make and give all orders and directions necessary in that behalf but so that no costs shall be awarded against the Governor; and (ii) in any proceeding the hearing of which is resumed under the provisions of paragraph (b) the Governor shall be bound by the judgment of the court as if he had been made a party to such proceedings.

12. Effect of abandonment on original document of title Where the Governor abandons all the right, title or interest vested in him by virtue of this Law in any vested trust lands or part thereof in accordance with the provisions of this Law then such abandonment shall have effect as if such vested trust lands or part thereof had never been included in the instrument, agreements, or document, as the case may be, by which the same were originally transferred to the company.

13. Power to make rules of court The Chief Judge may make rules of court: (a) for prescribing any matter to be prescribed under the provisions of this Law; (b) and generally for the purpose of carrying this Law into effect. Schedule 1 NIGER LANDS TRANSFER LAW No of Agreement Grantor Grantee Date or Instrument on register

62. Asaba - Declaration Royal Niger Company, Chartered 15th June, by Obi Ouolle and and Limited. Proving right of Royal 1896 another re. Niger Company, Chartered and Limited, to land.

64. Asaba - Affidavit by Proving right of Royal Niger 15th June, Obi Amagelli re. Company, Chartered and Limited, to 1896 land.

65. Asaba - Declaration Proving right of Royal Niger 15th June, by Obi Eluaka and Company, Chartered and Limited, to 1896 Another re. land.

68. Asaba - Certification Proving right of Royal Niger 1st March, By Obi Muyah and Company, Chartered and Limited, to 1896 Another re. land.

127. King and Chiefs of Royal Niger Company, Chartered 2nd Assay. and Limited. March, 1896

138. King and Chiefs of Royal Niger Company, Chartered 20th Assay. and Limited. January, 1896 Schedule 2 NIGER LANDS TRANSFER LAW No. of Description of the land Rights appurtenant to the land Plan of the land

1. The piece of land at Aboh known as the (i) Right of access to river over land Niger Company's Station, surrounded by outlined in blue on plan. red border line on the plan. (ii) Exclusive right to load and discharge cargo on the entire frontage (804 feet according to the plan).

2. The piece of land at Asaba known as the (i) Right of access to river over land Niger Company's Station, surrounded by outlined in blue on plan. red border line on the plan. (ii) Exclusive right to load and discharge cargo on the entire frontage (758 feet on the plan).

3. The piece of land at Assay known as the (i) Right of access to river over land Niger Company's Station, surrounded by outlined in blue on plan. red borderline on the plan. (ii) Exclusive right to load and discharge cargo on bank fronting premises (470 feet and 360 on the plan).

4. The piece of land at Burutu known as (i) Exclusive right to load and the Niger Company's Station, discharge cargo on bank of river surrounded by red border line on the between "W" and "W" on plan. plan. (ii) Exclusive right to maintain and erect a red borderline on the wharf on land outlined in blue on plan.

5. The piece of land at Ekow known as the (i) Right of access to river over land Niger Company's Station, surrounded by outlined in blue on plan. red borderline on the plan. (ii) Exclusive right to load and discharge cargo on bank of river between "W" and "W" on plan.

6. The piece of land at Gana-Gana known (i) Right of access to river over land as the Niger Company's Station, outlined in blue on plan. surrounded by red borderline on the (ii) Exclusive right to load and plan. discharge cargo on bank of river outlined in blue on plan.

7. The piece of land at Idah known as the (i) Right of access to river over land Niger Company's Station, surrounded by outlined in blue on plan. red borderline on the plan. (ii) Right to load and discharge cargo on bank of river between "W" and "W" on plan.