•Governor empowered to revoke right of occupancy for public interest – Senior
•It’s treasonable felony, punishable by death, to threaten state government, says Sambo
•The governor’s decision commendable, salutary – OD Jimoh
The recent decision of the Kwara state Governor, Mallam AbdulRahman AbdulRazaq to revoke the late Olusola Saraki’s property has continued to draw reactions from lawyers.
While announcing the revocation order, the governor said that the land was originally meant for Government Secretariat and parking space of the Civil Service Clinic but was unlawfully allocated to a private firm Asa Investments Limited without any record of payment to the state government.
Saraki however countered this claim insisting that the late Olusola Saraki lawfully acquired the land from the state government like other private bodies.
“The property had been rightfully allocated to my late father under the name of one of his companies, Asa Investment Limited, since the 1980s and contrary to the claim of the Governor, the land was properly allocated and a Right of Occupancy title issued on it,” Saraki said.
LAWYERS’ REACTION
Senior Sulyman Esq.
Well, the Governor is empowered under the Land Use Act 1979 to revoke any right of occupancy for public interest which the purpose for the revocation stated falls into the category of public interest, hower such notice of revocation must be served on the holder of the right of occupancy.
However, in the instant case, if the land was originally allocated to Kwara State Government and there was no notice of revocation served on the Government, the subsequent allocation to Asa Investment Limited if any? becomes illegal, null and void.
Simply put, whether or not Asa Investment Limited has a certificate of occupancy without first extinguishing the right of the Government can not give it a valid tittle, and a tresspass no matter how long can not no matter how long translate to ownership.
In addition, sentiments and protests has no place where illegalities are perpetrated and the surplus requirement of the laws are complied with in the in the revocation exercise.
Finally, the revocation order is just a surplusage because if man must err, it must err on the side of caution, as there is ab initio no title capable of being revoked, so the revocation order is a good surplus.
Murtala Sambo Esq.
Under the land use act, the governor owns the land, not even the federal government. The governor takes land in custody and he is the owner of the land, especially in the urban areas like GRA. But he allocates the land for any member of the society that needs such on certain conditions.
In respect to Ile-Arugbo, when you look at the statement issued by the Chief press secretary to the governor, he said the land was originally for the late Saraki through one of his company, Asa Investment LTD, but they fail to take proper step to be able to claim ownership of the land. When certain conditions are laid down before you can claim ownership of a land and you fail the neccessary steps, the governor can easily take the land back from you and that’s exactly what played out.
The sentiment Saraki is bringing in cannot help him. What we expect him to do is to comply with the law. He should go to court and if he can establish that his late father is the owner of the land, then he can easily have it back regardless of the revocation orders. But playing sentiment cannot work in the eye of the law.
Mind you, even a threat to the state government is very wrong, if he is aggrieved he is expected to go to court not issue threat to the state government. The statement issued that there will be war is treasonable felony and punishable by death under the law.
Assuming without conceding that the land belongs to Saraki, and he has every documents, the governor can still revocke the land for public use.
Olayinka Dauda Jimoh Esq.
Governor Abdulrazaq Abdulrahman has done the right thing by revoking the land. In doing so he has not violated any known law. Governor has statutory power to revoke any land in the state under him for overriding public interest.
I am made to understand that the land in question originally belonged to the state Government for the expansion of the Civil service clinic before former Governor Bukola Saraki transferred it to his father’s firm, Asa investment Ltd. If this is true, the steps taken by the former Governor saraki is wrong and disservice to the state. You don’t convert the Government’s property to your individual’s property. The fact that late Saraki paid for the land and same properly allocated to him by the Former Governor is not enough from stopping the land from being revoked by the Governor. The decision of the Governor in this regard is commendable and salutary.
OD Jimoh, Chairman Arewa Young Lawyers Forum