State Lands Law

1. Citation. This Law may be cited as the State Lands Law.

2. Interpretation. In this Law unless the context otherwise requires— “commercial purpose” includes the use of land or building other than for residential, agricultural or industrial purposes; “Commissioner of Lands” means the Permanent Secretary, Ministry of Lands, Surveys and Urban Development; “customary right of occupancy” means the right of a person or community lawfully using or occupying land in accordance with Customary Law and includes a customary right of occupancy granted by a Local Government under this Law; “Executive Council” means the Executive Council of Delta State of Nigeria; “Government” means the Government of Delta State of Nigeria; “Governor” means the. Governor of Delta State of Nigeria; “Holding” includes any plot or piece or parcel of land vested in a person in accordance with this Law; “Land Registry” means the State Land Registry; “Loyal Government” means a local government established by virtue of Section 8 of the Constitution of the Federal Republic of Nigeria, 1999; “Ministry” means the State Ministry of Lands, Surveys and Urban Development; “State” means Delta State of Nigeria; “State land” means all public lands in the Delta State which are for the time being vested in the Governor on behalf of or, as the case may be, in trust for the benefit of the Government of the State, and all land heretofore held or hereafter acquired by an authority of the State for any public purpose or otherwise for such benefit as well as land so acquired under any written law; but does not include any such lands situated in the Delta State but which are vested in the Head of the Federal Government or in any officer of the Federation for a purpose of the Government of the Federation of Nigeria; “statutory right of occupancy” means a right in accordance with this Law; “surveyor” has the meaning assigned to it under the Survey Law.

3. Power to grant right of occupancy. (1) It shall be lawful for the Governor to grant statutory right of occupancy to any person for any purpose and for a period not exceeding ninety-nine years. (2) It shall be lawful for a Local Government in respect of land not in an urban area to grant a customary right of occupancy to any person or organisation for residential, agricultural, grazing or other purpose. (3) Every application for the grant of a statutory right of occupancy shall be as in Form A in the First Schedule to this Law or to the like effect. [Form A.] (4) Every application for the grant of a customary right of occupancy shall be as in Form B in the First Schedule to this Law or to the like effect. [Form B.] (5) Any right of occupancy granted under the provisions of subsections (1) and (2) of this section shall be made for a definite term and may be granted subject to the term of any contract which may be made between the Governor or the Local Government and the holder, not being inconsistent with the provision of this Law.

4. Principles guiding approval of application. (1) In considering an application for the grant of a statutory right of occupancy the Governor shall have regard to the following— (a) that a layout approved by the appropriate planning authority exists in which the land to which the application relates is situated; (b) the land has been surveyed and demarcated by a surveyor and the plan thereof has been examined by the Surveyor-General or any officer of the Ministry of Lands, Surveys and Urban Development acting on his behalf; (c) that the applicant is capable of developing within the period specified in the certificate of occupancy the land to which the application relates; (d) that in respect of applications for undeveloped land, the Governor satisfied himself that the aggregate of undeveloped land in respect of which a statutory right of occupancy is granted to the applicant does not exceed 14 hectares. (2) In considering an application for the grant of a customary right of occupancy, the Local Government shall have regard to the following— (a) that the paramount consideration shall be the need to preserve the customary right of the indigenes of the area in which the land is situated to use the land for residential, agricultural and grazing and other purposes; (b) that the applicant does not at the time of making his application hold more land than? (i) 500 hectares for agricultural purposes; and (ii) 5000 hectares for grazing purposes; (c) that in respect of an application for a customary right of occupancy for land intended or proposed to be used for residential purposes, all land in respect of which the applicant holds a customary or statutory right of occupancy in the same area for residential purposes shall have been developed; (d) the need to ensure that in granting the customary right of occupancy in respect of land to be used for agricultural, grazing and ancillary or related purposes, adequate land is reserved for residential purposes in the area having regard to the potential growth or expansion of the built-up portions of the area: Provided that where permanent or cash crops are cultivated on land within a built-up area or land for development for residential purposes, the Local Government shall give in writing to the owner of the crops notice to the effect that the land is required for residential purposes. (3) The land recovered under subsection (2) (d) of this section may, on the application of the person from whom it was recovered be allocated to such person for residential purposes, or, if he is not qualified under this Law for further allocation for residential purposes in the area shall be allocated to other persons in accordance with the provisions of this Law.

5. Power of Governor to accept surrender of leases. The Governor may— [F&L 1958, Cap. 45.] (a) accept on such terms and conditions (if any) as he may think proper the surrender of any lease granted under this Law or any Ordinance repealed by the State Lands Act; (b) wholly or partially remit, except as otherwise prescribed, all or any of the covenants or conditions in any lease, where, owing to special circumstances, compliance therewith would be impossible or great hardship would be inflicted upon the lessee; and (c) extend, except as otherwise prescribed, the time to the lessee for performing the conditions contained in any lease liable to forfeiture for such period, and upon such terms and conditions, as he may think fit, and the period so extended and the terms and conditions so imposed shall be deemed to be inserted in the lease, and shall be binding on the lessee.

6. Licence to take building materials. (1) It shall be lawful for the Governor to grant a licence to any person to enter upon any State land which is not the subject of a lease or a temporary occupation licence granted under this Law, or of a mining lease, mining right or exclusive prospecting licence granted under the Minerals and Mining Act, No. 34 of 1999, or of a lease or licence granted under the Petroleum and Mining Act and remove or extract therefrom any stone, gravel, clay, sand or other similar substance (not being a mineral within the meaning assigned to that term in the Minerals and Mining Act, No. 34 of 1999) that may be required for building or for the manufacture of building materials. [Exceptions. F & L 1958, Cap. 121, LFN 1990, No. 3 of 1976.] (2) A licence may be granted for such period and subject to such conditions as the Governor thinks fit or as may be prescribed. (3) A licence shall not be transferable. (4) The Governor may cancel a licence if the licensee fails to comply with any of the conditions thereof.

7. Implied covenants. (1) Except as otherwise prescribed or provided in the lease there shall in every lease under this Law be implied by virtue of this Law— (a) covenants by the lessor— (i) that he has full power to grant the lease; (ii) that the lessee, paying the rent and fulfilling the conditions therein contained shall quietly hold and enjoy the premises without any interruption by the lessor or any person claiming under him except insofar as the laws in force for the time being in Nigeria may permit; (b) covenants by the lessee— (i) that he will pay to the Commissioner of Lands or to such officer as the Governor may appoint on the issue of the lease, rent at the rate of the rent specified in the lease for the period from the commencement of the lease to the 31st day of December next following, and that he will thereafter pay in advance without demand on the 1st day of January in each year to the Commissioner of Lands or to such other officer as the Governor may appoint the yearly rent specified in the lease, or if the yearly rent be revised or a penal rent be imposed in lieu of the yearly rent, such revised or penal rent as may for the time being be payable in respect of the premises; (ii) that he will pay all taxes, rates, charges, duties, assessments or outgoings of whatever description as may be imposed, charged or assessed upon the lands comprised in such lease or the building thereon or upon the lessor or lessee; (iii) not to assign, sublet or otherwise part with the possession of the land comprised in such lease or any part thereof, without the previous consent of the Governor in writing; (iv) that the lessee shall develop the plot within the period stipulated in the lease, failing which the Commissioner of Lands may take possession of the plot after giving six months’ notice to the lessee. Thereafter, the plot shall be deemed to be vacant for re-allocation; (v) the right shall commence or be deemed to commence from the day on which the same is granted and shall continue for the term stated in the certificate, subject to the right of renewal on such terms and conditions as the Governor may impose; (vi) annual rent, if any, shall be payable in advance without demand on the 1st day of January in each year at the Treasury of the Government of the State or such office of the State as the Governor may direct; (vii) the occupier shall comply with the building or other conditions attached to the right of occupancy and in any areas in which building rules shall have been made under any written law, the occupier shall comply with such rules; (viii) there shall be reserved to the Governor the right to revise the rent at such period as may be specified in the certificate of occupancy; (ix) the occupier binds himself to the Governor to pay in accordance with the Law to any person entitled thereto adequate compensation for the value of any unexhausted improvements existing on the land at the date of the grant of the right of occupancy; (x) the occupier at all times during the continuance of the right of occupancy shall— (a) keep the land and the buildings and other improvements thereon in a clean and sanitary condition to the satisfaction of the Governor; (b) maintain any boundary beacons on the land to the satisfaction of the Governor; (c) not carry on any noisome or offensive trade on the said land without the written consent of the Governor and subject to such conditions as may be imposed; (d) maintain in good and substantial repair to the satisfaction of the Governor the buildings, works or other improvements thereon; (e) allow free access to the land and the buildings, or other improvements thereon, to the Governor or any person authorised by him to enter and view the same in pursuance of a statutory duty; (f) pay on demand the fee prescribed under this Law for anything done or to be done in connection with the right of occupancy; (xi) the Governor reserves the right to revoke the grant or to impose penal rent thereon in accordance with the provisions of this Law. (2) Subject to section 9 of this Law, the conditions set out in subsection (1) of this section shall apply with such necessary modifications and adaptations as the Local Government may think fit in relation to a customary right of occupancy. (3) No application for the grant of a right of occupancy shall be entertained by the Governor on a Local Government unless the application is accompanied with a tax certificate issued in favour of the applicant in respect of the proceeding three financial years.

8. Covenants and conditions binding on persons claiming under the lease. (1) Every covenant or condition whether expressed or implied in a lease under this Law which is binding on a lessee, shall, unless otherwise expressly provided in the certificate of occupancy, be binding on all persons claiming an interest in the land, the subject of the certificate and whose certificate of occupancy derived through or under the lessee. (2) Minors —Any minor who becomes a lessee under this Law shall be in the same position with regard to his liability and obligation under or in respect of his lease as if he were of full age.

9. Revision of rent. (1) In every lease under this Law there shall, unless expressly excepted, be reserved by virtue of this Law to the Governor the right to revise and fix the rent for such periods (hereinafter referred to as the revision periods) as may be specified in the lease. (2) a. As nearly as conveniently may be to the commencement of each, revision period the Governor shall revise and fix the yearly rent which shall be payable for such revision period, but so that the rent fixed shall not exceed the rent obtainable at the time of revision for similar lands of similar area and amenities similarly situated: Provided that if for any reason the Governor considers it desirable to postpone the revision of the rent reserved under any lease, the Governor may postpone such revision for such time, irrespective of any revision period, as he shall think fit; but should the right to revise be subsequently exercised the rent then fixed shall be payable for the remainder of the current revision period. (b) In revising the rent no improvements made by the lessee on the land shall be taken in account. (3) The amount at which the rent is fixed by the Governor shall be notified to the lessee, who if he considers that the rent fixed is in excess of that which can properly be demanded under the terms of subsection (2) may within one month of such notification appeal to the Governor. (4) If the Governor and the lessee are unable to agree as to the rent to be paid, the matter shall be referred to an arbitrator to be agreed upon by the Governor and the lessee or in the absence of such agreement to be appointed by a judge of the High Court. (5) The decision of the arbitrator shall be final and if the rent fixed by the arbitrator is not less than that demanded by the Governor the lessee shall pay the cost of the arbitration.

10. Penal rent. (1) When in any lease under this Law the lessee has covenanted to develop or effect improvements on the land leased and has committed a breach of such covenant the Governor may at the time of such breach or at any time thereafter, and at the expiration of every year thereafter so long as the breach be not remedied, fix a penal rent which shall be payable for one year from the date it is fixed and shall be paid by the lessee in addition o and at the same time and manner as the rent reserved is payable and shall be recoverable as rent. The first penal rent shall not exceed the rent reserved in the lease and penal rents subsequently fixed «hall not exceed double the penal rent payable in respect of the preceding year. (2) Notice of such penal rent being imposed and the amount thereof and the date from which it is payable shall be given in writing to the lessee. (3) The fact that a penal rent has been imposed shall not preclude the Governor, in lieu of fixing a subsequent penal rent, from taking or directing to be taken proceedings nor the forfeiture of the lease by reason of the breach in relation to which the Penal rent has been imposed, provided that such proceedings shall not be taken during the period for which a penal rent has been paid.

11. Building on leased State lands. In the absence of special provisions to the contrary in any lease under this Law all buildings and improvements on State lands, whether erected or made by the lessee or not, shall on the determination of the lease, pass to the Governor without payment of compensate on: [No. 3 of 1976.] Provided, however, that in the absence of any special provision to the contrary in the lease, when land is leased for a term not exceeding thirty years the lessee shall be at liberty within three months of the termination (otherwise than by forfeiture), of such lease to remove any building erected by him on the land leased during the currency of such lease, unless the Governor shall elect to purchase such buildings. In the event of the Governor and the lessee not agreeing to the purchase price of such buildings, the same shall be determined by arbitration. The lessee shall make good any damage done to the land by any such removal.

12. Restrictions on Sale of lease by court. No lease under this Law or under any Ordinance repealed by the State Lands Act which contains a covenant, whether express or implied, by the lessee not to assign without the consent of the Governor shall be sold by or under the orders of a court in execution of a decree or otherwise however, save to a purchaser approved in writing by the Governor and under terms, as to adequacy of price or otherwise, also so approved. [F&L 1958, Cap. 45.]

13. Rents. (1) Rents payable for land in respect of which a statutory right of occupancy is granted under this Law shall be as follows— (a) where the land is used for residential purposes, there shall be payable by the person to whom the grant is made an initial premium of N1,000.00 per hectare and thereafter a rental of N200.00 per hectare per annum; (b) where the land is used for industrial or commercial purposes, there shall be payable by the person to whom the grant is made an initial premium of N5,000.00 per hectare and thereafter a rental of Nl,000.00 per hectare per annum. (2) Subsections (1) (a) and (b) of this section to the extent that it required the payment of premium, shall not apply to the holder of any land already developed before the coming into force of this Law. (3) The Governor may classify urban areas and areas not urban for the purposes of this Law and may fix different premiums and rentals which shall be payable in respect of the occupancy granted in each of the areas so classified, provided that the premiums and rentals fixed under this subsection shall not exceed the maximum premiums and rentals prescribed in subsection (1) of this section. (4) The Governor may grant a statutory right of occupancy free of rent or at a reduced rent in any case in which he is satisfied that it would be in the public interest to do so. (5) Where a statutory right of occupancy is granted free of rent under subsection (4) of this section, the Governor may, subject to the express provisions of the certificate of occupancy, nevertheless impose a rent in respect of the land the subject of the right of occupancy if and when he may think fit. (6) The Governor shall require that such fees as may.be prescribed shall be payable by every applicant for a right of occupancy under this Law. (7) The fees which may be payable under subsection (6) of this section shall not include fees payable on application, for survey, inspection, preparation of legal instruments, and for such other purposes as the Governor may think fit. (8) The rental reserved in subsection (1) of this section shall be subject to revision every twenty-five years. (9) The rent reserved or payable in respect of a right of occupancy granted under this Law shall be a debt due to the State and may be recoverable by the State in any court of competent jurisdiction.

14. Penalty when rent in arrear. If any such rent as aforesaid shall at any time be unpaid for a space of ninety days after the same became due, and a notice shall have been served on the person in default, there shall be payable by way of penalty a sum equivalent to five per centum of the rent due. If such rent and penalty shall be unpaid for a space exceeding one hundred and twenty days after the rent became due, and a notice shall have been served as aforesaid, there shall be payable by way of penalty a further sum equivalent to five per centum of the rent due.

15. Power to sue for rent in arrear. The Commissioner of Lands or any person appointed by the Commissioner of Lands in that behalf may, without prejudice to the right of the State to recover rent in arrear in my other way, sue for the same, together with the penalty (if any) which may be payable under the last preceding section, and such suit may be instituted in the High Court or a magistrate’s court. [No. 3 of 1976.]

16. Power to distrain for rent due. The Commissioner of Lands may, on behalf of the Governor, distrain for rent due under any lease under this Law or under any Statute repealed by the State Lands Act and may authorise any person to act for him in this behalf. [F & L 1958, Cap. 45, No. 3 of 1976.]

17. Forfeiture of lease. If the rent reserved or payable under a lease under this Law or under any Ordinance repealed by the State Lands Act is in arrear, or if there shall be any breach of the lessee’s covenants or of the conditions of the lease whether express or implied, the Commissioner Lands may serve a notice upon the lessee specifying the rent in arrear or the covenant or condition of which a breach has been committed, and at any time after one month from the service of the notice may commence an action in the High Court or in a Magistrate’s Court for the recovery of the premises, and, on proof of the facts, the Court shall, subject to relief on such terms as may appear just, declare the lease forfeited, and the Commissioner of Lands may re-enter upon the premises. [F&L 1958, Cap. 45.]

18. Forfeiture of lease in special cases. (1) The Governor may by an Order published in the Gazette, forfeit any lease granted under this Law, if he is satisfied that— (a) the lease was obtained in abuse of office; or (b) there was irregularity in the grant of the lease; or (c) the leasee has more than one plot of State land; or (d) it is in the public interest to do so. [No. 1 of 1978.] (2) For the purpose of this Law a lease includes assignment of a lease and the mortgage in respect of a lease. (3) An order made under subsection (1) of this section shall have effect according to its tenor and the failure to comply with any order so made shall be an offence punishable or conviction— (a) in the case of an individual, by imprisonment for a term of not less than two years and not more than five years without the option of a fine; (b) in the case of any group of persons not being a body corporate, by the like punishment as is prescribed in paragraph (a) of this subsection; (c) in the case of a body corporate, by a fine in an amount equal to the estimated value of the property affected by the non-compliance. (4) For the avoidance of doubt the provisions of this section are without prejudice to the provisions of section 17 of this Law.

19. Debt to State not extinguished by forfeiture. No forfeiture shall operate or extinguish any debt to the State in respect of any rent or payment to be made by a lessee under a lease forfeited. [No. 3 of 1976.]

20. Acceptance of rent not to operate as a waiver of forfeiture The acceptance by or on behalf of the State of any rent shall not be held to operate as a waiver by the State of any forfeiture accruing by reason of the breach of any covenant or condition, express or implied, in any lease under this Law or under any statute repealed by the State Lands Act. [F & L 1958, Cap. 45, No. 3 of 1976.]

21. Reservation of water. A conveyance or lease under this Law shall not, unless otherwise expressly provided herein, confer any right to the water of any spring, lake or stream, other than such water as may be required for domestic purposes upon the land sold or leased.

22. Reservation of foreshore, etc. A conveyance or lease under this Law shall not, unless otherwise expressly provided herein, confer any right to the foreshore, or to the banks of any navigable waterway.

23. Reservation of minerals. (1) A conveyance or lease under this Law shall not confer any right to any mineral as defined in the Minerals and Mining Act or to any mineral oil. [F & L 1958, Cap. 121. LFN 1990, No. 3 of 1976.] (2) There is hereby reserved to the State the right to enter upon any land sold or leased under this Law, and— (a) to search for, mine and remove any mineral as aforesaid or any mineral oil; and (b) except in the case of lands for building purposes only, to remove stone, gravel, soil or other substance required for the construction or repair of any road, government building or other public work. (3) The right reserved to the State under subsection (2) (a) may be exercised by any person authorised by the competent federal authority or by or under any Act relating to minerals or mineral oil and that under paragraph (b) of the said subsection may be exercised by any person authorised by the Governor. [No. 3 of 197(5.]

24. Power of entry to erect electric lines, etc. Any person authorised by the Governor may at any time enter upon any land sold or leased under this Law and may— (a) set up poles on and carry electric lines across such land; and (b) lay sewers, drains, water pipes or electric lines therein, without paying compensation but making good all damage done.

25. Resumption of lipids for roads, railways, etc. (1) When any land sold or leased under this Law exceeds eighty-one hectares the Government may at any time enter and resume any portion of such land for roads, railways, tramways, canals, water channels or trigonometrical stations or any other public undertaking without paying compensation for the land, but compensation shall be paid for buildings or crops destroyed or damaged: Provided that in the event of a larger portion than four per centum of such land being resumed for any such purpose as aforesaid there shall be paid to the owner or lessee, as the case may be, compensation for the land taken in excess of such portion. [Decree No. 38 of 1963.] (2) When any land sold or leased under this Law does not exceed eighty-one hectares the Governor may at any time enter and resume any portion of such land for any of the purposes mentioned in subsection (1), paying compensation for the land taken. (3) Whenever land which has been leased is resumed under this section the lessee shall be entitled to a proportionate reduction in his rent. (4) The Governor may authorise any officers of the Government, their servants and agents, to exercise the powers reserved to him by this section. (5) Resumption of land under this section may be effected before the compensation (if any) is paid, either by actual entry on the (and resumed, or by service of notice of resumption on the owner or lessee.

26. Saving of public thoroughfare All public thoroughfares existing on any land sold or leased under this Law shall be deemed to be and shall be reserved and shall remain free and uninterrupted unless the same be closed or altered by the order of the Governor or by other competent authority.

27. Owners and occupiers of land abutting on State lands to keep the boundaries defined. (1) Every owner or occupier of land abutting on State land shall define and keep defined the boundary between the land owned or occupied by him and the adjoining State land to the satisfaction of the Commissioner of Lands, or of such other officer as the Governor may appoint in this behalf, and in default of his so doing the Commissioner of Lands or other officer as aforesaid may by notice in writing require such owner or occupier to define such boundary in such manner and within such time as may be specified in such notice. [No. 3 of 1976.] (2) Any owner or occupier who shall fail to comply with such requisition shall, on summary conviction, be liable to a fine of four hundred naira and in addition shall be ordered by the court to pay the expenses (if any) incurred by the Government in defining the boundary which he has neglected to define.

28. Recovery of State lands in unlawful occupation. (1) When any person without right, title or licence or whose right, title or licence has expired or been forfeited or cancelled, is in occupation of State land, the Attorney-General, or the Commissioner of Lands, or some person appointed by the Attorney-General in writing, may enter a suit in the High Court to recover possession thereof. [No. 3 of 1976.] (2) If on the hearing of such suit the defendant does not appear, or appears but fails to establish an absolute right or title to the possession of the land, the court shall order that the possession of the land sought to be recovered shall be given by the defendant to the plaintiff, either forthwith or on or before such day as the court shall think fit to name, and shall issue such process as may be necessary for carrying such order into effect.

29. Evidence in proceedings. In any action, suit or proceedings against any person for or in respect of any alleged unlawful occupation, use of or trespass upon State land, the proof that the occupation or use in question was authorised shall lie on the defendant, and in every such action, suit or proceedings, and in every action by or against the Government in which title to land shall be in issue, the averment that any land is State land shall be sufficient without proof of such fact, unless the defendant proves the contrary. [No. 3 of,1976.]

30. Right of State to sue not barred by limitation. No action or other remedy by or on behalf of the State for the recovery of the possession of State land shall be barred or affected by any Statute, Act, Law or other law of limitation. [No. 3 of 1976.]

31. Suit for rent not barred by limitation. No Statute, Act, Law or other law of limitation shall bar or affect any action or remedy or the recovery of any rent due under any lease granted under this Law or any Statute repealed by the State Lands Act. [F&L 1958, Cap 45.]

32. Service of notices. A notice served personally on the person to be served, or left at or sent by registered post to his last known address in Nigeria, or if his address is not known, published in the State Gazette shall be deemed to be good service for the purpose of this Law. [No. 3 of 1976.]

33. Service of notices. A notice served personally on the person to be served, or left at or sent by registered post to his last known address in Nigeria, or if his address is not known, published in the State Gazette shall be deemed to be good service for the purpose of this Law.

34. Lessee to permit officer to enter and inspect. A lessee of State land shall permit any officer of the Ministry of Lands; Surveys and Urban Development or any administrative officer to enter upon and inspect the same, and any person contravening the provisions of this section shall be liable to a fine of one thousand naira. [No. 3 of 1976.]

35. Penalty for unauthorised occupation of State land. Any person who shall unlawfully occupy State land in any manner whatsoever shall be liable to a fine of one thousand naira. [No. 3 of 1976.]

36. Power to make regulations. The Executive Council may make regulations for all or any of the purposes following— (a) classifying leases according to the purpose for which or the class of persons to whom the same may be granted and prescribing the form of any lease; (b) prescribing the covenants or conditions which shall be implied in any class of lease; (c) prescribing the term of years for which any class of lease may be granted; (d) prescribing the premiums and rents to be paid and for the revision of rent; (e) prescribing the manner in which application for leases shall be made and the fees to be paid; (f) providing for the survey and demarcation of State land to be sold or leased, and the fees to be paid for such survey and demarcation; (g) prescribing the fees to be paid for any instrument issued under this Law; (h) providing for and regulating the sale of leases by auction; (i) prescribing the period for which and the conditions under which licences for the temporary occupation of State land may be issued; (j) providing for the care, management and protection of unoccupied State land; and (k) generally for carrying out and giving effect to the purposes of this Law. [No. 3 of 1976.]

37. Register of rights of occupancy. (1) The Ministry shall keep and maintain or cause to be kept and maintained in the Land Registry a register of all holdings and of all statutory rights of occupancy granted under this Law together with such other records relating thereto as the Commissioner of Lands may direct. [No. 12 of 1978.] (2) There shall be established in the office of every Local Government a branch of the Land Registry which shall keep and maintain a register of all customary rights of occupancy granted by the Local Government, in such form as the Commissioner of Lands, may direct.

38. Register of rights of occupancy. (1) The Governor shall after considering an application for the grant of a right of occupancy direct that a letter of offer or a letter of rejection as in Form C in the First Schedule to this Law or to the like effect, be sent to the applicant. [No. 12 of 1978.] (2) On the receipt of a letter of acceptance of offer of the grant from the applicant, the Governor shall sign and issue to the applicant a certificate in the form set out in the Second Schedule to this Law or to the like effect. (3) Every certificate issued under subsection (2) of this section shall immediately after it is issued be registered in the appropriate registry in accordance with section 36 of this Law. (4) No certificate shall be issued under this Law unless the premium, if any, and fees required to be paid under section 13 of this Law shall have been paid by the person to whom the certificate is to be issued. (5) Subsections (1) to (4) of this section shall apply with necessary modifications in relation to a customary right of occupancy.

39. Rights of occupier. (1) Subject to the provisions of this Law the occupier of any land in respect of which a right of occupancy is granted shall have exclusive right to the land in relation to the purpose for which the right of occupancy was granted and— (a) shall have the sole right to, and absolute possession of all improvements on the land; (b) may with the prior consent in writing to the Governor transfer, assign, mortgage, lease or otherwise deal with his interest in the land to which the grant relates or any improvements thereon which have been effected pursuant to the terms and conditions of the certificate of occupancy relating to the land: Provided that the consent of the Governor shall not be required in respect of tenants for periods not exceeding ten years. [No. 12 of 1978.] (2) Every application for any consent required under subsection (1) of this section shall be as in Form D in the First Schedule to this Law, or to the like effect.

40. Offences. (1) Any person who— (a) obstructs, attacks, molests, harasses, or incites people against, or otherwise does anything calculated or with intent to hinder the Governor or any authorised person in the course of doing or on account of doing or purporting to do anything under this Law; or (b) aids, abets or conspires with any person committing an offence under paragraph (a) of this subsection, shall be guilty of an offence and liable on conviction to a fine of N500.00 or to imprisonment for six months or to both such fine and imprisonment. [No. 12 of 1978.] (2) Subject to the provisions of this Law, any person who in relation to land in an urban area in respect of which no right of occupancy has been granted to him— (a) erects any building, wall, fence or structure thereon; or (b) cultivates or does any act or thing thereon or relating thereto; or (c) obstructs any public right of way or access, right to easement, profits or similar right in relation thereto shall be guilty of an offence and liable on conviction to a fine of five thousand naira or imprisonment for six months or to both such fine and imprisonment. Schedule 1 STATE LANDS LAW. DELTA STATE OF NIGERIA Application for Statutory Right of Occupancy FORM A [Section 3 (3).] TO: SECRETARY LAND USE AND ALLOCATION COMMITTEE C/O MINISTRY OF LANDS, SURVEYS AND URBAN DEVELOPMENT ASABA (Note: 3 copies are required for an application in connection with mining) 1 Applicant's name or names in full. 2 Age. 3 Nationality: If Nigerian, indicate State of Origin. 4 Residential Address. 5 Postal Address. 6 Applicant is registered under: (i) Part A (ii) Part B (iii) Part C of the Companies and Allied Matters Act. [LFN Cap. C20.] 7 Dimensions and approximate area of land applied for. 8 Sufficient description of land. 9 Evidence of previous vested interest in land applied for. 10 Distance to the nearest dwellings. 11 Purpose for which land is required. 12 Value of improvements offered and time required for erection. 13 If land is required in connection with mining, give mining leases to be served and date of expiry of each. 14 Length of term required. 15 Particulars of all lands in Delta State held by the applicant. (Use reverse side if necessary) 16 Particulars of applicant fees paid. I hereby deposit a non-refundable application fee of -- (i) N150.00 for residential/commercial/industrial; (ii) N2,000.00 for advertisement. Date...................................., 20.......... ...................................... Signature or Mark of Applicant Note. - A sketch plan in duplicate showing the land applied for and tax Clearance Certificate for the last three years must accompany this application. DELTA STATE OF NIGERIA Application for Customary Right of Occupancy FORM B [Section 3 (4).] TO: SECRETARY, LAND USE AND ALLOCATION COMMITTEE, ............................................................ LOCAL GOVERNMENT (Note: 3 copies are required for an application in connection with mining) 1 Applicant's name or names in full. 2 Age. 3 Nationality: If Nigerian, indicate State of Origin. 4 Residential Address. 5 Postal Address. 6 Applicant is registered under: (i) Part A (ii) Part B (iii) Part C of the Companies and Allied Matters Act. [LFN Cap. C20.] 7 Dimensions and approximate area of land applied for. 8 Sufficient description of land. 9 Evidence of previous vested interest in land applied for. 10 Distance to the nearest dwellings. 11 Purpose for which land is required. 12 Value of improvements offered and time required for erection. 13 If land is required in connection with mining, give mining leases to be served and date of expiry of each. 14 Length of term required. 15 Particulars of all lands in Delta State held by the applicant. (Use reverse side if necessary) 16 Particulars of applicant fees paid. I hereby deposit a non-refundable application fee of - (iii) N150.00 for residential/commercial/industrial; (iv) N2,000.00 for advertisement. Date.....................................20........... ............................................. Signature or Mark of Applicant Note: A sketch plan in duplicate showing the land applied for and tax Clearance Certificate for the last three years must accompany this application. DELTA STATE OF NIGERIA Ministry of Lands, Surveys and Urban Development FORM C [Section 38 (a).] Our Ref. No. ................................. ................................. ................................. ................................. ................. 20.................. Sir, RE-APPLICATION FOR THE GRANT OF A RIGHT OF OCCUPANCY No........................................................

1. With reference to your application dated I am directed to inform you that the Governor has approved/not approved a grant to you of a right of occupancy in respect of on thefollowing terms -- (a) Rent: N................................................................................................ per hectare/per annum. (b) Improvements: ...................................................................... within.............................years. (c) Term: ...............................................................................................................................years. (d) Rent Revision: ....................................................................... every............................. years. (e) Purpose(s):................................................................................................................................

2. You are to note the following conditions will also be inserted in the Certificate of Occupancy evidencing the grant of this right of occupancy -- (a) "within ...........................................years from the date of commencement of this right of occupancy to erect and complete on the said land the buildings or other works specified in detail plans, to be approved by the Commissioner of Lands, Surveys and Urban Development and the appropriate planning authority, such buildings or other works to be of not less than N...............................................................................and to be erected and completed in accordance with such plans the building or works to the satisfaction of the appropriate planning authority". (b) "not to erect or build or permit to be erected by virtue of the certificate of occupancy nor to make, permit to be made any addition to the said buildings to be erected or building already erected on the land except in accordance with the plans approved by the appropriate planning authority". (c) "not to alienate the right of occupancy hereby granted or any part thereof by sale, mortgage, transfer of possession, sub-lease or bequest or otherwise howsoever without consent first had obtained from the Commissioner of Lands and Surveys".

3. The date of commencement of the right of occupancy will be the date on which the same is granted and shall continue for the term stated in the certificate, subject to the right of renewal on such terms and conditions as the Governor may impose.

4. It is also a condition of the grant that you should pay such fee e.g. survey fee, preparation fee, etc., as may be demanded by the Commissioner for Lands, Surveys and Urban Development.

5. When accepting the terms and conditions, you must state whether you require the landed property which is the subject of this right of occupancy to be demarcated and surveyed by the Surveyor-General or by a surveyor nominated by you. In the event of your nominating a licensed surveyor, and if the licensed surveyor fails to submit to the Surveyor-General within six months of the date of the issue of the Surveyor-General's authority, the Surveyor-General may, at his discretion withdraw the authority and arrange himself for the demarcation and survey.

6. The approval hereby conveyed is subject to payment of compensation where appropriate to the owner of unexhausted improvements on the site. I am, sir, Your Obedient Servant, ...................................... Secretary, Land Use and Allocation Committee, Delta State of Nigeria. DELTA STATE OF NIGERIA Application for Approval of a Subsequent Transaction FORM D [Section 39 (2).] To: HIS EXCELLENCY THE GOVERNOR OF DELTA STATE OF NIGERIA ASABA

1. Particulars of Head Lease Certificate or right of occupancy

2. Nature of grant -- state whether (i) sublease; or (ii) assignment; or (iii) mortgage

3. Grantor's (i) full names; and (ii) address

4. Granteer's (i) full names; and (ii) address

8. If assignment, agreed amount of consideration

9. Purpose for which application is made: resident, trading, security for loan, etc.

10. Other special terms and conditions (if any)

11. Treasury Receipt Voucher particulars of the current year's rent on the headlease or sublease I am prepared within one week of demand to place on deposit at the Government Treasury such amount as the Commissioner of Lands may consider sufficient to cover the approval fee. Should I withdraw the above application after making such deposit I agree to forfeit the whole or such portion thereof as the Commission of Lands may decide. ........................... .......................................................... Date Signature or Mark of Applicant (Grantor) ........................... ..................................................... Date Signature or Mark of Applicant (Grantee) Schedule 2 STATE LANDS LAW. [Section 38 (2).] DELTA STATE OF NIGERIA FORM I STATE LANDS LAW (CAP. S8 OF LAW OF DELTA STATE OF NIGERIA) Certificate of Occupancy No. DTSR ............................ (Statutory Right of Occupancy) THIS IS TO CERTIFY THAT .......................................................... of ............................................................................ (hereinafter called "the holder/holders") is/are entitled to a statutory right of occupancy in and over the land described in the Schedule hereto (or a term of............................years commencing from the ....................day of.........................................20.........................

1. (1) To pay in advance without demand to the Governor of Delta State of Nigeria (hereinafter called the Governor) or other person appointed by him and at such place as may be directed -- (a) the proportion of rent at the rate of N .....................................per hectare per annum applicable to the period (if any) from the said date of commencement of the thirty-first day of December, 20.........................................within two months from the date of this certificate; and thereafter -- (b) the yearly rent of N......................... payable in advance on the first day of January each year; and (c) the revised rent as hereinafter provided. (2) To pay and discharge all rates, taxes, assessments and other impositions whatsoever which shall at any time be charged, assessed, or imposed on the said land or any part thereof or any building thereon, or upon the occupier or occupiers thereof. (3) To pay forthwith without demand to the Governor or other person appointed by him on the issue of this certificate (if not sooner paid) survey fees and other charges due in respect of the preparation and issue and registration of this certificate. (4) Within........... years from the date of commencement of this right of occupancy to erect and complete on the said land the buildings or other purposes specified in detailed plans approved or to be approved by the Governor or other officer appointed by such buildings or other works to be* (of the value of not less than N................ (in words................................... )) and to be erected and completed in accordance with such plans and to the satisfaction of the said Governor or other officer appointed by him. (5) To maintain in good and substantial repair to the satisfaction of the Governor or other officer appointed by him, all buildings on the said land (whether now erected or to be erected in pursuance of subclause (4) hereof). (6) To clear and keep the said land clear of stagnant water, long grass, rank weeds and bush and accumulations and deposits of rubbish and other unwholesome matter, and to keep the same in all respects in a clean and sanitary condition, and acts and worlds as the military Governor or any officer authorised by him may reasonably require. (7) To conform to all rules laid down from time to time in regard to the location of buildings, refuse pits, latrines and general sanitation. (8) After the period specified in subclause (4) above, not to allow the said land to be unoccupied for any period exceeding six months at any one time, or eight months in any year. (9) Upon the expiration of the said term to surrender up to the Governor in good and substantial repair to the satisfaction of the Governor all buildings on the said land erected in pursuance hereof which have not been removed with consent of the Governor and all buildings already upon the said land at the commencement of the said term which have not been removed. (10) Not to erect or build or permit to be erected or built on the said land any building other than those covenanted to be erected by virtue of this certificate of occupancy nor to make or permit to be made any addition or alteration to the said buildings to be erected or buildings already erected on the land except in accordance with plans and specifications approved by the appropriate authority or other officer appointed by him in this behalf. (11) Not to alienate the right of occupancy hereby granted or any part thereof by sale, assignment, mortgage, transfer of possession, sub-lease or bequest or otherwise howsoever without the consent of the Governor first had and obtained except as authorized under the Law. (12) To use the said land only for................................................................................purposes.

2. For the purpose of the rent to be paid pursuant to this certificate of occupancy the term of the right of occupancy shall be divided into periods of years and the Governor may, as near as conveniently may be to expiration of each period of years, revise the rent, and fix the sum which shall be payable for the remainder of the term. If the Governor shall so revise the rent, he shall cause a notice in writing to be sent to the holder/holders informing him/them of the revision of the rent and the holder/holders shall within one month of the date of receipt of such or within seven days of the commencement of the period for which the rent has been revised, whichever shall last happen, without further demand pay to the Governor or other person appointed by him, the difference between the unrevised rent and the revised rent for the period (if any) between the date of revision and the thirty-first day in advance on the first day of January in each year without demand to the Governor N .................... such revised rent as may for the time being be payable in respect of the land.

3. If the yearly rent for the time being payable in respect of the said or any part thereof shall be in arrears for a period of three months, whether the same shall or shall not have legally demanded or if the holder/holders shall become bankrupt to make a composition with creditors or enter breach or non-observance of any of the occupier's/occupiers covenants or agreements herein contained, then and in any of the said cases it shall be lawful for any part thereof in the name of the whole and thenceforth hold and enjoy the same as if the right occupancy had not been granted but without prejudice to any right of action or remedy of the Governor for any antecedent breach of covenant by the holder/holders. Statutory Right of Occupancy No. DTSR.......................................... (Description and Dimension of Parcel to which above Certificate of Occupancy Relates) GIVEN under my hand and seal the day and year above written ...................................... Governor, Delta State of Nigeria. In the presence of - Name.................................................................. Address............................................................... Designation......................................................... Signed, sealed and delivered ................................................................................... In the presence of -- Name: ................................................................ Address:............................................................. FORM II STATE LANDS, LAW (CAP. S8 OF LAWS OF DELTA STATE OF NIGERIA) Certificate of Occupancy No. DTSR ................................................ (Customary Right of Occupancy) THIS IS TO CERTIFY THAT ........................................................................................................... on...................................................................................................................................... (hereinafter called "the holder/holders") is/are entitled to a customary right of occupancy in and over land described in the Schedule hereto for a term of..................................... years commending from the ............................. day of...................................

20.................... according to the true intent and meaning of the State Land and subject to the provisions thereof and to the following special terms and conditions -- (a) the proportion of rent at the rate of N........................................... per hectare per annum applicable to the period (if any) from the said date of commencement td the thirtieth day of December, 20.............. within two months from the date of this certificate and thereafter; (b) the yearly rent of N.............. payable in advance on the first day of January in each year; and (c) the revised rent as hereinafter provided. (2) To pay and discharge all rates, taxes, assessments, and other impositions whatsoever which shall be any time be charged, assessed, or imposed on the said or any part thereof or any building, or upon and registration of this certificate. (3) To pay forthwith demand to the Governor appointed by him on the issue of this certificate (if not sooner paid) survey fees and other charges due in respect of the preparation and issue and registration of this certificate. (4) Within............................................... years from the date of the commencement of this right of occupancy to erect and complete on the said land the buildings or other purposes specified in detailed sketches approved or to be approved by the Governor or other officer appointed by him such buildings or other works to be *(of the value of not less than N........ (............................................ ) and to be erected and completed in accordance with such plans and to the satisfaction of the Governor or other officer appointed by him. (5) To maintain in good and substantial repair to the satisfaction of the Governor or other officer appointed by him; all buildings on the land (whether now erected or to be erected in pursuance of sub-clause (4) hereto). (6) To clear and keep clear the said land of stagnant water, long grass, rank weeds and bush and accumulations and deposits of rubbish and other unwholesome matter and to keep the same in all respects in a clean and sanitary condition, and for such purposes to do and execute all such acts and works as the Governor or any officer authorised by him may reasonably require. (7) To conform to all rules laid down from time to time in regard to the location of buildings, refuse pits, latrines and general sanitation. (8) After the period specified in sub-clause (4) above, not to allow the said land to be unoccupied for any period exceeding six months at any one time, or eight months in any year. (9) Upon the expiration of the said term to surrender up to the Governor in good and substantial repair to the satisfaction of the Governor all buildings on the said land erected in pursuance hereof which have not been removed with the consent of the Governor and all buildings already upon the said land at the commencement of the said term which have not been removed. (10) Not to erect or build or permit to be erected or built on the said land any buildings other than those covenanted to be erected by virtue of this certificate of occupancy nor to make or permit to be made any addition or alteration to the said buildings to be erected or buildings already erected on the land except in accordance with plans and specifications approved by the Governor or other officer appointed by him in this behalf. (11) Not to alienate the right of occupancy hereby granted or any part thereof by sale, assignment, mortgage, transfer of possession, sub-lease or bequest or otherwise however without the consent of the Governor first had and obtained except as authorised under the Law. (12) To use the said land only for...................................................................................... purposes. (1) For the purpose of the rent to be paid pursuant to this certificate of occupancy the term of the right of occupancy shall be divided into periods of years, and the Governor may, as near as conveniently may be to the expiration of such period of years, revise the rent and fix the sum which shall be payable for the next period of years, or if less than years of the term shall remain, for the remainder of the term. If the Governor shall so revise the rent, he shall cause a notice in writing to be sent to the holder/holders informing him/them of the revision of the rent, and the holder/holders shall thereupon within one month of the date of the receipt of such notice or within seven days of the commencement of the period for which the rent has been revised, whichever shall last happen, without further demand pay to the Governor or other person appointed by him, the difference between the unrevised rent for the period (if any) between the date of revision and the thirtieth day of December in the year then current, and thereafter the holder shall pay in advance on the first day of January in each year without demand to the Governor or other person appointed by him in lieu of the said yearly rent of N.................. k...........each revised rent as may for the time being be payable in respect of the said land. (2) If the yearly rent for the time being payable in respect of the said land or any part thereof shall be in arrears for a period of three months, whether the same shall or shall not have been illegally demanded, or if the holder/holders shall become bankrupt or make a composition with creditors or enter into liquidation, whether compulsory or voluntary, or if there shall be any breach or non-observance herein contained, then and in any of the said cases it shall be lawful for the Governor at any time thereafter to re-enter upon the said land or any part thereof in the name of the whole and thenceforth hold and enjoy the same as if the right of occupancy had not been granted but without prejudice to any right of action or remedy of the Governor for any antecedent breach of covenant by the holder/holders. ...................................... Governor, Delta State of Nigeria. In the presence of - Name.................................................................. Address............................................................... Designation......................................................... (Secretary to the Local Government) Signed, sealed and delivered ................................................................................... In the presence of - Name: ................................................................ Address:............................................................. Designation.........................................................