From the provisions of sections 28(1), (2)(b) and 29 of the land Use Act and section 44(1) of the 1999 Constitution (as amende d) , it is a sine qua non for a valid compulsory acquisition of land that there must be evidence of prompt payment of compensation to the owners of the land by the acquiring authority. Both the 1999 Constitution and the land Use Act, 1978 make compensation for unexhausted improvements on the land a contingent requirement of the law before a Governor can validly exercise his power of revocation of land. Therefore, a Governor cannot validly exercise his power of revocation of land from the holder of the right of occupancy without payment of compensation. G overnment cannot acquire land from an individual or community without the payment of adequate compensation . I n the instant case, there were sufficient pleadings before the trial court for it to consider and determine whether any compensation was paid to the original owners of the land in compliance with section 44(1) of the 1999 Constitution. The purported acquisition of the land in dispute by the Governor of Imo State in 1980, the allocation of same to the appellant, the subsequent revocation of same by the Government of Abia State in 2004 and the allocation to the 1 st respโฆ
See, Messrs Singoz & Co. (Nig.) Ltd. v. U.M. Co. Ltd. (2022) 18 NWLR (Pt. 1862) 203 SC
