Tinubu directs Wike to allocate land to Abdulsalami in Abuja for resource centre

President Bola Tinubu's directive to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, for the allocation of land in Abuja to establish the Abdulsalami Abubakar Africa Resource Centre, raises pertinent legal considerations within Nigeria's land administration framework. This development, intended as a tribute to a former Head of State, underscores the intricate interplay between presidential prerogative, delegated ministerial powers, and the statutory provisions governing land use in the FCT. The article delves into the legal basis for such allocations, particularly under the Land Use Act and the Federal Capital Territory Act, examining the scope of the President's and the FCT Minister's authority and the concept of 'public purpose' in land grants. It highlights the importance of adherence to due process and transparency in land administration, which are critical for maintaining public trust and avoiding potential legal challenges.

President Bola Tinubu recently issued a directive to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, to allocate a substantial parcel of land along the Airport Road corridor in Abuja for the establishment of the Abdulsalami Abubakar Africa Resource Centre. This presidential instruction, announced during the 84th birthday celebration of former Head of State General Abdulsalami Abubakar, signifies a significant federal commitment to honouring a statesman whose legacy is tied to peace-building, democratic governance, and national unity. President Tinubu described the proposed centre as a "worthy initiative" that aligns with General Abubakar's values and promised federal funding for its construction.

While the gesture is commendable, it brings to the fore critical legal questions concerning land administration in the Federal Capital Territory, particularly regarding the exercise of presidential powers and the delegated authority of the FCT Minister. For legal practitioners, understanding the statutory framework governing land allocation in Abuja is paramount, as it dictates the validity and enforceability of such directives. This article will explore the legal underpinnings of land ownership and allocation in the FCT, analyze the roles of the President and the FCT Minister, and discuss the implications of this directive within the existing legal landscape.

The legal framework for land administration in Nigeria is primarily governed by the Land Use Act of 1978 (LUA), which fundamentally altered the concept of land ownership across the country. The LUA vests all land comprised in the territory of each state in the Governor of that state, who holds it in trust for the use and common benefit of all Nigerians. This effectively means that individuals or entities do not own land outright but are granted rights of occupancy by the government.

For the Federal Capital Territory, Abuja, a unique legal regime is established by the Federal Capital Territory Act of 1976. This Act created the FCT and vested all lands within its 8,000 sq. km. territory absolutely in the Government of the Federal Republic of Nigeria. Section 297(2) of the 1999 Constitution (as amended) further reinforces that the ownership of all lands in the FCT vests in the Government of the Federal Republic of Nigeria. The President of Nigeria exercises ultimate authority over these lands. However, by virtue of Section 18 of the FCT Act and Section 55 of the LUA, the President delegates administrative powers over land allocation and management to the Minister of the FCT, who effectively acts as the "Governor" for land matters within the Territory. This delegation empowers the Minister to grant, revoke, or renew statutory rights of occupancy and regulate land use and development, subject to due process.

The President's directive to the FCT Minister to allocate land for the Abdulsalami Abubakar Africa Resource Centre is an exercise of the President's overarching authority over FCT lands, channeled through the delegated powers of the Minister. While the ultimate ownership of FCT land rests with the Federal Government, the day-to-day administration, including allocation, is a statutory responsibility of the FCT Minister. Indeed, judicial pronouncements have consistently affirmed that, apart from the Minister, no other authority has the power to allocate land in the FCT. This implies that while the President can direct, the actual legal instrument of allocation, such as a Certificate of Occupancy, must be processed and issued by the FCT Minister or his authorized agents, acting under the delegated powers.

A key aspect of land allocation under the LUA is that it must be for a "public purpose" or "overriding public interest." Section 51 of the LUA provides an inclusive definition of public purpose, encompassing uses by government, public use by a body corporate, and the provision of public services like education, infrastructure, and planned urban development. The establishment of a "resource centre" dedicated to peace-building, democratic governance, national unity, and public service, as described by President Tinubu, would likely fall within the broad ambit of "public purpose" or a purpose beneficial to the economic development of Nigeria. Courts have held that for a purpose to qualify as public, it must be bona fide and its benefit to the public at large must be demonstrable.

Practitioners should note that while the President's directive provides the political impetus, the legal validity of the allocation will depend on strict adherence to the procedural requirements of the Land Use Act and the FCT Act. This includes proper documentation, survey, and the formal grant of a statutory right of occupancy by the FCT Minister. Any deviation or perceived lack of transparency in the process could expose the allocation to legal challenges, particularly if it is argued that the land was not genuinely for a public purpose or that due process was not followed. The principle of *delegatus non potest delegare* generally applies, meaning the Minister, as a delegate of the President, cannot further delegate the power to allocate land to another person, though administrative processes for signing offer letters by directors are common. This distinction is crucial for ensuring the legal robustness of the land title.

President Tinubu's directive for land allocation in the FCT for the Abdulsalami Abubakar Africa Resource Centre, while a significant political statement, must navigate the established legal framework for land administration in Nigeria. Practising attorneys must appreciate that the FCT Minister, as the President's delegate, holds the statutory authority to effect such allocations, ensuring that all procedural requirements under the Land Use Act and the Federal Capital Territory Act are meticulously followed. The classification of the resource centre as serving a "public purpose" is crucial for the legal defensibility of the grant.

Practitioners advising clients on land matters in the FCT should conduct thorough due diligence, verifying that any land allocation, regardless of its origin, is properly documented, gazetted, and issued by the competent authority (the FCT Minister). The potential for legal scrutiny over land grants, especially those involving high-profile individuals or entities, necessitates strict adherence to the rule of law and transparency. Moving forward, the implementation of this directive will serve as a case study in the delicate balance between executive directives and the statutory requirements of land governance in Nigeria, underscoring the continuous need for legal certainty and public accountability in land administration.