Local Governments Have Powers Under the Law to Acquire Land: Setting the Records Straight on Obingwa vs. Promise Uzoma Okoro

Local Governments Have Powers Under the Law to Acquire Land: Setting the Records Straight on Obingwa vs. Promise Uzoma Okoro

The recent commentary by Promise Uzoma Okoro, titled “Obingwa Local Government Has No Powers Under the Law to Acquire Land”, is a deliberate misrepresentation of the Nigerian Constitution and the Land Use Act. It is important to set the records straight, especially for the benefit of the public who may be misinformed by such half-truths.

The 1999 Constitution of the Federal Republic of Nigeria (as amended), in Section 7(1), guarantees the system of local government administration by democratically elected councils. The Fourth Schedule further outlines their responsibilities, including the establishment and regulation of markets, parks, and other public facilities. These functions cannot be performed without land. Therefore, it is legally sound that local government councils must have the authority to acquire land to discharge these functions effectively.

The Land Use Act, 1978, which is constitutionally entrenched by Section 315(5), places all land in a state under the trust of the Governor. However, contrary to Uzoma’s claims, the Act does not exclude local governments from land administration powers. Section 6(1) of the Land Use Act expressly empowers local governments to grant customary rights of occupancy to individuals and organizations in rural areas for residential, agricultural, and other public purposes. Local Governments are also empowered to allocate land for markets, parks, cemeteries, and other communal uses within their jurisdiction. This shows clearly that Local Government Councils, including Obingwa, possess lawful authority to engage in land-related matters, especially when it concerns public interest projects such as markets.

The controversy around the Ehere Electronics Market land is being deliberately twisted. The claim that the issue was “conclusively settled in 2007 by a competent court of law” ignores the fact that public interest land matters remain under the supervisory authority of government. If indeed compensatory plots were issued to donor families, that further proves government involvement and oversight, not private ownership in perpetuity. Hon. Maxwell Nwadike, Mayor of Obingwa LGA, acted within his mandate by entertaining a petition from concerned citizens. His move to involve the Surveyor-General in July 2025 was not “arrogant showmanship” as Uzoma claims, but a demonstration of due process in verifying land status before final decisions are made.

One cannot claim that Obingwa LGA has no business with land when the Constitution itself mandates councils to establish and regulate markets. How can a council regulate a market without having the authority to acquire or secure the land where such a market operates? What Mayor Nwadike is doing is not an abuse of power but rather a defense of public interest, ensuring that lands originally meant for communal facilities are not quietly converted into private holdings through questionable means.

Uzoma’s suggestion that Mayor Nwadike was reckless in his response to the property owner is an attempt to paint lawful governance as lawlessness. If indeed the property in question is surrounded by other private properties, that does not strip the local government of its right to reclaim or regulate land originally designated for public use. As for the claim that the PDP did not sell the land in 2023, that is a mere distraction. The key issue is whether the land in question still falls within the jurisdiction of the local government’s authority to protect public facilities.

The narrative that “no local government has the power to acquire land” is simply false. The law provides that while the Governor holds land in trust for the people, local governments have statutory powers under the Land Use Act to administer, allocate, and protect land for communal and developmental purposes within their jurisdiction. 

Mayor Maxwell Nwadike, by moving to protect the Ehere Electronics Market land, is acting within the law and in the best interest of Obingwa people. Political propaganda should not be allowed to distort constitutional facts.

Written By:

@𝑻𝒉𝒆𝑲𝑬𝑳𝑽𝑰𝑵𝑨𝑻𝑶𝑹 …✍🏼

(𝗧𝗛𝗘 𝗘𝗬𝗘𝗦 𝗢𝗣𝗘𝗡𝗘𝗥)