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Academic Forum Volume 19 No.1, Nov. 2010

This paper examines the ample power and duties of a state Governor as prescribed by the Land Use Act 1978 (Cap. 202, L.F.N.1990). The powers and duties were accorded the Governor to enable him to effectively control and manage the land in his state. This position is taken by the legislature in order to make land acquisition easy for prospective investors, and for agricultural, industrial and residential purposes. To this end, all land comprised in the territory of a state has been vested in the governor, in trust, to be administered for the use and common benefit of all Nigerians. These powers and duties so vested in the Governor are not absolute. The Governor must act in accordance with the provisions of the Act. The paper concludes through exiting case laws that the courts have taken a firm stand by declaring any act of a state governor which is contrary to the provisions of the Act invalid. The paper therefore recommends that it is only by strict adherence to the provisions of the Act to achieve its objectives. It is also recommended that the court should invoke its equitable and inherent jurisdiction to allow the provisions of the Act to be effective. This will in no small measure whittle down the inadequacies and deflects in some provisions of the Act.

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