When buying land in Lagos, you may encounter sellers advertising properties as “gazetted land,” “land with government gazette” or “excision and gazette.” These descriptions are particularly common in developing areas such as Ibeju-Lekki, Epe, Ikorodu and Badagry. Some sellers present a government gazette as proof that a property is safe to purchase. Others claim that land covered by a gazette is equivalent to land with a Certificate of Occupancy. However, there is a more fundamental legal question that many property buyers overlook: Was the land lawfully acquired by the government in the first place, and does the government have the legal authority to release or allocate it? Under Nigerian law, the government cannot simply acquire land from one private landholder under the pretext of overriding public interest and subsequently transfer it to another private person for an unrelated private benefit. A gazette does not automatically cure an unlawful compulsory acquisition. Similarly, a government allocation or Certificate of Occupancy does not necessarily confer a valid title where the underlying acquisition or revocation was unlawful. You can legally buy land covered by a gazetted excision in Lagos, provided the release is legally effective, the specific plot falls within the released area, the seller has a valid transferable interest, and the transaction complies with applicable legal requirements. This article explains what a gazette means in Lagos land transactions, the difference between a gazette and a Certificate of Occupancy, the legal implications of government acquisition, how to verify gazetted land and the precautions buyers should take before making payment. What Is a Gazette in Lagos Land Transactions? A gazette is an official government publication used to record laws, notices, decisions and other matters requiring formal publication. In land administration, a gazette may contain information concerning: Government acquisition of land. Excision or release of land from government acquisition. Revocation of rights of occupancy. Government notices affecting land. Land-related regulations and administrative decisions. Other matters concerning the legal status of land. The existence of a gazette does not automatically establish that a particular parcel of land is available for private purchase. What matters is the content of the gazette, the legal authority for the decision recorded in it, and its effect on the specific property. A gazette is an official record of a government act. It is not necessarily proof that the act itself was lawful. This distinction is especially important where the gazette records a compulsory acquisition or a subsequent allocation of land previously belonging to private individuals or communities. What Does Gazetted Land Mean in Lagos? In common real estate usage, gazetted land refers to land forming part of an area that the Lagos State Government has formally released from government acquisition. Such a release is generally described as an excision. For example, the government may have acquired a large expanse of land affecting a community and subsequently approved the release of a defined portion. The release may be recorded in the Lagos State Official Gazette. However, a gazette does not ordinarily identify every individual who owns a plot within the released area. Neither does it automatically establish that the original government acquisition was valid. A prospective buyer must therefore investigate three separate matters: Whether the government lawfully acquired the land or otherwise possessed the authority to deal with it. Whether the purported excision or release is genuine and legally effective. Whether the person selling the particular plot has a valid transferable interest. Failure to investigate any of these matters may expose the purchaser to substantial legal and financial risks. Can You Legally Buy Land Under a Gazette in Lagos? Yes. Land covered by a genuine and legally effective gazetted excision may be purchased where the seller has a valid transferable interest. However, the buyer must establish that the transaction is legally permissible. The relevant considerations include: Whether the gazette is genuine. Whether it records an excision rather than an acquisition or restriction. Whether the specific plot falls within the released area. Whether the release was legally authorised. Whether the seller has a valid interest in the plot. Whether the seller has authority to transfer that interest. Whether the land is subject to competing ownership claims. Whether there is pending litigation affecting the acquisition or release. Whether the transaction complies with applicable consent and documentation requirements. A genuine gazette may establish that the government published a particular decision. It does not necessarily establish that every person claiming ownership within the affected area has a valid title. Can Government Acquire Private Land for Public Interest and Later Sell It to Another Private Person? This is one of the most important legal issues affecting government-acquired land in Lagos. Under section 28 of the Land Use Act, the Governor may revoke a right of occupancy for overriding public interest. However, that power is limited by the statutory grounds for revocation. Section 28(2)(b) recognises the requirement of land by the Federal, State or Local Government for public purposes within the applicable jurisdiction. The government cannot validly rely on this provision merely as a device to dispossess an existing private landholder and transfer the property to another private person for an unrelated private purpose. The Supreme Court’s Decision in Osho v. Foreign Finance Corporation In Osho v. Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157, the Supreme Court considered the validity of a revocation purportedly undertaken for overriding public interest. The land was subsequently granted to a private party for its private business. The Supreme Court held that the purported revocation was invalid because the power had not been exercised for a purpose permitted by the Land Use Act. The decision establishes that the government’s power to revoke rights of occupancy must be exercised strictly in accordance with the law. A purported acquisition for public purposes cannot be used to disguise an impermissible transfer of land from one private holder to another. Why This Decision Matters to Property Buyers Suppose a family originally held land in Lagos. The government subsequently revoked the family’s right of occupancy, stating
How to Buy Government Land in Lagos: Legal Risks
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.