The Decision of Nigerian Supreme Court in Orianzi v Attorney-General of Rivers State & ors and its Implications on Service of Revocation Notice under the Land Use Act, 1978

Abstract

A key factor in determining a valid process of revocation of property right of a landowner for
public purpose is issuance and service of revocation notice as provided by the Land Use Act
(LUA) 1978. Nevertheless, it is trite law that expropriation matters are construed fortissime
contra preferentes. Despite this, outcomes of the process are sometimes crammed with problems
and lingering disputes between the acquiring authorities and the affected landowners. This study, therefore, examined the procedure of issuance and service of notice of revocation on the evictee
as provided under the land Use Act, 1978 as well x-rayed the new genre of the espoused rule
provided in Orianzi v A-G, Rivers State &Ors to further a fair deal in the process. Results of the
finding revealed that before the Supreme Court’s decision in Orianzi’s case; an evictee in an
expropriation matter was only entitled to the notice of revocation of his interest for public
purpose by the State. With Orianzi’s decision, such an evictee is not only to be served but also
need to be heard. This latter’s position is believed to be in tandem with the common law
principle of fair hearing. With this new judicial genre, the lawmakers are expected to review the
LUA to expressly provide for the same whilst the policymaker and the executive arm of the
government is to be so guided by the new rule to avoid friction between the State and the
landowners when exercising her expropriation power.