Buying land directly from the Lagos State Government may appear safer than purchasing from private individuals, families or property developers. Government allocations often come with official documentation, designated schemes and established administrative procedures. However, there is a fundamental legal issue that prospective purchasers must understand: the government cannot lawfully acquire private land under the pretext of overriding public interest merely to transfer it to another private person for that person’s private benefit. This principle is especially important in Lagos, where some government land allocations involve land previously acquired from individuals, families or communities. A buyer must therefore investigate not only whether the allocation is genuine, but also whether the government lawfully acquired the land and possesses the legal authority to allocate it for the intended purpose. This article explains how to buy government land in Lagos, the legal restrictions on compulsory acquisition, the relevant Supreme Court decisions, the allocation procedure and the precautions buyers should take. Can You Legally Buy Government Land in Lagos? Yes. The Lagos State Government may lawfully grant interests in land in accordance with its statutory powers. Under section 5 of the Land Use Act, the Governor has power to grant statutory rights of occupancy for all purposes, subject to the Act. However, the legality of a particular government allocation depends on the nature of the land and the circumstances surrounding its acquisition. There is an important difference between: Land lawfully available for government allocation. Land acquired from private holders for a genuine public purpose. Land purportedly acquired for public purposes but subsequently transferred for an unrelated private benefit. The fact that the government issues an allocation letter or Certificate of Occupancy does not automatically resolve a defect in the underlying acquisition. Can Government Acquire Private Land and Sell It to Another Private Person? As a general principle, the government cannot validly invoke compulsory acquisition for overriding public interest as a device for taking land from one private holder and transferring it to another for an unrelated private purpose. Section 28 of the Land Use Act authorises revocation of rights of occupancy on specified statutory grounds, including overriding public interest. For statutory rights of occupancy, section 28(2) identifies the circumstances constituting overriding public interest. Where the government relies on the requirement of land for public purposes, the acquisition must genuinely satisfy that statutory ground. The government’s power of compulsory acquisition is not an unrestricted commercial power to dispossess existing landholders and redistribute their property to preferred private purchasers. Osho v. Foreign Finance Corporation In Osho v. Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157, the Supreme Court considered the purported revocation of an existing right of occupancy in Lagos on the ground of overriding public interest. The land was subsequently granted to a private party for its private business. The Supreme Court rejected the attempt to justify that transaction under the statutory power of revocation for overriding public interest. The case establishes an important limitation: the government cannot rely on a purported public purpose to extinguish an existing landholder’s right merely to confer the land on another private party for private business. Goldmark Nigeria Ltd v. Ibafon Co. Ltd In Goldmark Nigeria Ltd v. Ibafon Co. Ltd (2012) 10 NWLR (Pt. 1308) 291, the dispute concerned land acquired for purposes connected with the Nigerian Ports Authority and subsequently leased to private commercial operators. The litigation raised questions about compliance with compulsory acquisition procedures and whether the land was being used for the public purpose relied upon. The decision reinforces the need for government acquisition to comply with statutory requirements. It also demonstrates that a subsequent private allocation or lease can become part of a legal challenge to the original acquisition. However, the mere involvement of a private company does not necessarily invalidate an acquisition. The actual purpose of the transaction, the statutory authority and the facts must be examined. Does Every Government Allocation to a Private Person Violate the Law? No. This distinction is critical. The Land Use Act empowers the Governor to grant statutory rights of occupancy. It would therefore be incorrect to suggest that every allocation of government land to a private individual or company is unlawful. For example, a government may lawfully allocate land that is properly available for allocation under the applicable legal framework. A private entity may also participate in a genuinely public infrastructure project under a legally authorised arrangement. The legal problem arises where compulsory acquisition is used improperly to extinguish an existing private interest for a purpose that does not satisfy the law. Accordingly, buyers should investigate the government’s source of title and purpose of acquisition, rather than assuming that every government allocation is valid or invalid. What Types of Government Land May Be Available for Purchase in Lagos? The precise legal status must be verified, but prospective purchasers may encounter: Land Within Government Residential or Commercial Schemes These may be parcels offered under formally established government allocation programmes. The buyer should verify the scheme, the issuing authority, the applicable conditions and the legal status of the land. Land Lawfully Available for Allocation Certain land may be legally available for the Governor to grant without an unlawful displacement of existing protected interests. Its status must be established through official records. Land Released or Regularised Under a Lawful Process Where an appropriate release, regularisation or other legally recognised process has occurred, the resulting interest must be examined. A purported release does not automatically establish that a particular private seller or allottee holds a valid title. Land Acquired for a Public Project This category requires particular caution. A purchaser should not assume that land originally acquired for a road, school, hospital or other public project can subsequently be sold for an unrelated private development. The applicable law, original acquisition purpose and legal authority for the proposed disposal must be investigated. How to Buy Government Land in Lagos Step 1: Identify a Genuine Government Allocation Scheme Start by confirming that the land is being offered under an authentic government programme.