Governors, NBA And SANs Fault Planned Review Of Land Use Act By FG, Say Is Unconstitutional And Only NASS Can Make Such Review

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*I Am A Believer Of Constitution, I Will Not Support Any
Step Taken Outside The Constitution – Gov. Makinde
*While Silver And Gold Were Bequeathed To Some States, Our
Forefathers Left Land For Us – Ebonyi Governor
*Review Of Land Use Act Is Duty Of NASS, Not President – NBA
*I View Buhari’s Obsession For Grazing With Suspicion – Ifedayo
Adedipe, SAN
*President Buhari Lacks Power To Singlehandedly Review Land Use Act
– Yusuf Ali, SAN
*Review Of Land Use Act Has To Pass Through NASS – Tayo Oyetibo,
SAN

Reactions have trailed the move by Federal Government to review
the Land Use Act. Governments of some states, the Nigerian Bar
Association and some Senior Advocates of Nigeria are unanimously in
opposition to the move.

Recall that the Secretary to the Government of the Federation,
SGF, Boss Mustapha, had on Thursday at the 51st annual conference
of the Nigerian Institution of Estate Surveyors and Valuers in
Abuja, said that the Federal Government was reviewing the Land Use
Act of 1978 to take out sections of the Act that inhibited economic
development.

However, the governors of Oyo and Ebonyi states have kicked
against it. While responding to an inquiry on Wednesday, Governor
Makinde of Oyo State through his Chief Press Secretary, Taiwo
Adisa, said he is believer of constitution and would not support
any step taken outside the constitution. According to him, the
constitution has already vest land in states, thus, he wouldn’t
support anything to the contrary.

“Governor Makinde is a believer in the constitution of the land.
He will not support anything that is outside the stipulations of
the constitution.

“As much as we know, the Land Use Act is a constitutional matter
and the states must be involved in anything that has to do with its
review.

“The act has vested the lands in the governor of the state and
we don’t envisage anyone taking contrary steps.” Makinde said

Similarly, the Ebonyi Government State through its Commissioner
for Agriculture and Natural Resources, Chief Ogodo Ali, stated on
Tuesday, that they are not in support of the review. That while
gold and silver was bequeathed to some states, their own
forefathers left them lands so they wouldn’t support anything that
will hurt the people of the state

The commissioner, “I am a man under command and whatever my
governor says, is what I stand for. But I know that the Land Use
Act cannot be reviewed just like that. And to review the Act, it
has to go through a lot of processes.

“I am of the opinion that once the state governments begin to
kick against this kind of move from the Federal Government, I know
my own governor. He will oppose it.

“I heard him (my governor) speak today, that in the South-East,
what our forefathers left for us is land. Some people bequeath gold
and silver; but a few others, like in the South-East, bequeath
land.

“And I know that my governor loves his people and he wouldn’t
like anything to hurt his people and that was why he opposed Ruga.
So, we have to toe the path where our people must be protected,
without attacking any arm of the government.”

In its part, the Nigerian Bar Association said President lacks
power to review the Land Use Act. That only the National is
empowered to do so. The Assistant Publicity Secretary of the NBA,
Ferdinand Naza, said, “In Nigeria, there are procedures which have
been laid down for the amendment of a law, such the Land Use Act in
this case. According to the Nigerian constitution, only the
National Assembly can review or amend the Land Use Act.

“If there is any proposed review to the Act, my advice to the
President is that it should first be submitted to the floor of the
National Assembly for debate.”

Some Senior Advocates of Nigeria, SANs, held the same view as
NBA and warned that the President and the Federal Government lack
power to singlehandedly review the Land Use Act.

Ifedayo Adedipe (SAN) wondered why President Buhari is obsessed
over grazing which is a private business and not of government.
According to him, the stance of the president is unfortunate.

He said, “As a Nigerian citizen, I really worry about the
obsession of our President over this grazing issue.

“First of all, the National and State Houses of Assembly have to
be involved before any amendment or review can take place.
Nevertheless, I view with suspicion the attempt by the President to
review the Land Use Act, considering his stance on this grazing
issue.

“At this point, it is important to state that people engaging in
animal husbandry do so for their own personal benefits. Grazing is
simply one of many private businesses run by individuals, not the
government. It is really unfortunate that the President has chosen
to obsess over this issue.”

On his part, Yusuf Ali (SAN), said the Land Use Act is now part
of the Nigerian Constitution. Thus, only the National Assembly can
review same, not the president. He can only propose reviewed to the
National Assembly.

“The Land Use Act is part of the Constitution of the Federal
Republic of Nigeria 1999 (as amended) and the constitution
expressly states the method by which the Act can be reviewed. It is
clear that the President cannot singlehandedly review a law; he has
to first propose a review or amendment to the National Assembly
before anything can be done.

“I am eager to see the changes the President wants to effect in
the Land Use Act so I can ascertain the true purpose of this
intended review.” Ali said

Tayo Oyetibo (SAN) made the same point as Ali. He said, “The
Land Use Act has been integrated into the constitution so the
procedure for amending the Act invariably involves the National
Assembly. Although the President can initiate this process, it has
to first pass through the National Assembly; there is no other
way.

“What matters the most is that the constitutional provisions for
the amendment of an Act must be complied with.”