What is a Gazette and Excision in Ogun State Land Law?
Introduction
Land is one of the most important assets in Nigeria. It holds both economic and cultural value. For many families and communities, land is a source of identity, inheritance, wealth, and development. Yet, land ownership, or even acquiring secure title over land, often remains complex and confusing. This is especially true where terms like Excision, Gazette, Certificate of Occupancy (C of O), Governor’s Consent, Land Use Act, and others are involved.
In Ogun State (and across Nigeria), understanding what an excision is, how a piece of land becomes gazetted, and what legal rights and risks attach to these statuses is crucial—especially if you are buying, selling, or inheriting land. This article aims to provide a very detailed, practical, legal, and user-friendly guide to what a Gazette is, what Excision means, how they work in Ogun State land law, their implications for you, and how you can protect yourself.
By the end of this article, you should be able to:
Understand what Excision and Gazette mean, in law and in practice, in Ogun State
Know the legal framework governing land, excision, and gazette in Ogun State
Learn the procedural steps for applying for and completing excision, and how gazette fits in
Appreciate risks associated with “excision in progress” and lands not yet gazetted
Know how to verify that an excision/gazette is valid before purchase
Make informed decisions during land transactions
If you plan to purchase land, allocate land, or otherwise transact in land, having this knowledge can save you from loss, disputes, or legal invalidation of title. If by the end you feel unsure, you should consult a qualified property lawyer in Ogun State to assist with your specific case.
Now, let’s begin with some legal and historical context.
1. Legal and Statutory Framework
1.1 Land Use Act of 1978
The Land Use Act 1978 (Federal law) is central in the Nigerian land system. Under this law, all land in each state of the Federation is vested in the State Governor, who holds it in trust for the people. The law established the concept of Governor’s control over land allocation and the power to vest rights over land.
Many of the practices of excision and gazette stem from, and are regulated by, the Land Use Act – how it interacts with state laws and regulations is critical.
1.2 Ogun State Lands Laws & Regulations
Ogun State, like other states, has laws, regulations, and administrative policies governing land, allocation, survey, excision, registration, and gazette.
While the Land Use Act gives general powers, Ogun State has specific procedures for excision, survey, issuance of titles, the registry of lands, and publication of land records (gazette).
1.3 Definition of Key Terms in Law
Excision: The process by which the state government releases or carves out a portion of land that was previously under government acquisition (or which may have been acquired or reserved under government powers) and returns or grants it to a community, family, or individual. This means that the land is no longer held as acquisition by the government.
Gazette / Official Gazette: The government’s official publication where statutory notices, legal instruments, proclamations, policies, and recognized land excisions are published. Publication in Gazette gives public notice, formal recognition, and enforceability.
These definitions are drawn from practice across Nigerian states, including reports and property-law commentary. mobrealtyservices.com+2HG.org+2
2. What Exactly is an Excision?
2.1 What Excision Means
Excision is derived from the word “to cut out.” In land law, it refers to cutting a portion of land out of a larger tract held by the government (or considered under acquisition) and restoring or granting that piece to rightful claimants (often indigenous communities, families, or individuals).
Historically, many lands were under customary occupancy before colonial and post-colonial administrations acquired them, or declared them “government land.” Excision is often a way to reverse or adjust those acquisitions (where legally possible). HG.org+2Nigerian property info+2
2.2 Why Excision is Needed
To recognize ancestral or customary ownership where lands were acquired without compensation or recognition.
To allow families or communities to have security of tenure over lands they have always considered theirs.
To enable land to be developed, sold, transferred, or invested in properly, via issuance of titles, etc.
To reduce land disputes, litigation, unauthorized sales, and encroachment.
2.3 What Excision Does and What It Does Not Do
What it does:
It removes a portion of land from government acquisition. This means that land can no longer be easily seized under land acquisition laws without due process and compensation.
It creates a legal interest in that land for the persons or community to whom the excision is granted.
It allows that land to be documented, registered, and in many cases, to become capable of being used as collateral or title-based investment.
What it does NOT necessarily do, immediately:
It does not always equal issuance of a Certificate of Occupancy (C of O). Sometimes, even after excision, further steps are needed to convert the excised portion into formal legal titles.
Excision does not guarantee that the exact area applied for will be granted. The government may grant less. Nairaland+1
It does not ensure that all documents are perfect. If not properly gazetted or surveyed, there may still be risk.
3. What is a Gazette (in this Context)
3.1 Definition and Purpose
A Gazette (or Official Gazette) is a formal publication issued by the government, usually under statutory control. It is used to publish legal notices, new statutes, regulations, public policies, land excisions, survey approvals, allocations, and so on.
In relation to land, the Gazette is where approved excisions are published, making the excision a matter of public record. That means others—other citizens, government agencies, potential buyers—can see the notice, the boundaries, etc. This enhances transparency.
3.2 Legal Importance of Gazette Publication
Publication in Gazette gives legal recognition of excision or other land matter.
It provides notice to the public which is essential under Nigerian legal principles – you cannot claim ignorance indefinitely if it is published.
It can be used in court as evidence that the excision was approved.
3.3 Gazette vs. “Excision in Progress”
A land may be said to have “excision in progress” or “excision pending,” but until the excision is approved and gazetted, legal risks remain high. Many purchasers are misled by claims of “file number” or “application pending” without verification. omonilelawyer.com+1
Only after gazette publication do you usually get a stronger basis that the excised land is legally recognized and less likely to be reclaimed or revoked.
4. Excision and Gazette in Ogun State – How It Works
This section focuses specifically on how the processes of excision and gazetting are carried out in Ogun State, with local examples, procedure, and special considerations.
4.1 Recent Excision Activities in Ogun State
Ogun State has recently (as of 2025) granted excision to 9 villages on lands previously under government acquisition, particularly in the Hill Crest Estate area near the Secretariat Complex in Abeokuta. The Governor released portions of land to these villages and “Letters of Excision” were presented. EDU-BIZNEWS+1
This is an example of a state government recognizing rights of indigenous or local communities and returning land or portions thereof.
4.2 Procedural Steps (Typical) for Excision in Ogun State
Based on public information, legal commentary, and practice, here are steps involved in applying for, approving, and gazetting an excision in Ogun State:
| Step | Description |
|---|---|
| 1. Application | The community, family, group or individual submits an application to Ogun State’s Ministry of Lands and Housing (or Bureau of Lands and Survey), requesting that a parcel be excised. This includes proving ownership or claim (often customary tenure) and historical occupancy. |
| 2. Survey Plan | A licensed surveyor draws up a perimeter survey plan (or detailed survey) that identifies the exact boundaries, area (in hectares or acres), neighbouring features, etc. This is important to avoid boundary disputes later. |
| 3. Government Assessment | The State Ministry reviews the application: checks land history, overlappings (e.g. whether part of reserved lands, or required for government project), whether there are competing claims, or whether any acquisition has been lawfully done. |
| 4. Approval in Principle | If satisfied, the Governor or appropriate authority may approve the excision in principle, subject to conditions. This means the state is willing to release the portion. |
| 5. Gazette Publication | Once excision is approved, it must be published in the Official Gazette of Ogun State. This acts as public notice and legal affirmation. The Gazette identifies the community/family, the land area, boundaries, etc. This step is essential for full legal recognition. |
| 6. Allocation / Letter of Excision | With gazette in place (or sometimes as part of the process), the State issues Letters of Excision to the rightful claimants. This is a document showing that the land has been excised, giving claimants right to use, develop, sell, assign, etc., subject to local laws. |
| 7. Registration and Title Upgrade (if desired) | After excision and gazette, claimants may proceed to upgrade the land title (for example, applying for Certificate of Occupancy, registration, governor’s consent if required for transfers). Also, survey plan must be lodged or registered with the Surveyor-General or lands registry. |
4.3 Legal Effect of Excision + Gazette in Ogun
When land has been excised and gazetted, the claimants/community has a recognized legal interest in the land. It limits the government’s ability to treat the land as under acquisition, or to revoke it without proper legal process and compensation.
It makes the land more attractive for investment, sale, mortgages, improvements, because potential buyers are more confident.
However, excision/gazette does not always equal perfection of title; often further steps are needed to regularize the title fully (C of O, survey registration, governor’s consent for sale or transfer).
5. Risks, Challenges and Common Pitfalls
Even with excision and gazette, there are still risks. People often misunderstand or misrepresent land status. Below are important challenges and pitfalls to watch out for, especially in Ogun State.
5.1 “Excision in Progress” Scams and Ambiguity
Real estate agents or communities sometimes advertise lands as having “excision in progress” or having a “file number.” This may give buyers the false impression that the land is already fully excised and safe. omonilelawyer.com+1
The truth is, an “application filed” or “file number assigned” does not guarantee that the excision will be granted, nor that it will be gazetted.
5.2 Partial Excision
Sometimes, the government may grant less land than was applied for. If you buy from a community based on anticipated acreage, you may get less than expected. The portion not excised may be reclaimed or stay as government acquisition. Nairaland+1
5.3 Boundary Disputes & Survey Errors
If survey plans are not properly prepared, boundary descriptions may overlap with other lands. If survey is not lodged or registered, or if the surveyor is unlicensed, disputes may arise.
The gazette must accurately reflect these boundaries. If it doesn’t, or the survey isn’t properly tied to the registry, risk remains.
5.4 Delay in Gazette Publication
One major risk is delay. Even after approval in principle, sometimes the process to publish in the Official Gazette is delayed. During that period, the land can be sold, or the government may attempt acquisition.
5.5 Lack of Proper Documentation
Missing or incomplete documents: lack of survey, lack of Title Registration, lack of Letters of Excision, etc.
Failure to get governor’s consent when required (especially in transfers of land) can invalidate or weaken title.
5.6 Government Acquisition / Revocation
Although excision is meant to remove land from government acquisition, in some cases there may be conflicting law or policy, or future policies may attempt to reclaim land. Proper excision, gazette publication, registration, and court protection help reduce this risk.
6. Verifying Excision & Gazette – What to Look Out For Before You Buy
If you are planning to purchase land in Ogun State, here’s a checklist and guide to verify whether a piece of land is properly excised, gazetted, and whether the title is secure.
6.1 Documents & Evidence
Letter of Excision: The document that confirms the land has been excised and granted to the community or individual.
Survey Plan: Must be prepared by licensed surveyors, with clear boundaries, area, adjoining plots, coordinates.
Official Gazette Publication: Get the Gazette reference (volume/page) and, if possible, a copy of the gazette notice. Confirm that it is from the Official Gazette of Ogun State.
Record at Lands Registry / Surveyor-General: Check with Ogun State Lands Registry, Surveyor‑General’s Office, Ministry of Lands and Housing to verify that the land is registered as excised/gazetted.
Title Documents: If there is a Certificate of Occupancy, Governor’s Consent (if applicable), Deed of Assignment, etc., ensure they are valid, properly registered.
6.2 Physical and Local Checks
Visit the land; confirm landmarks, boundaries as per survey.
Talk to neighbors; sometimes local knowledge helps identify disputed areas.
Check if the land is overlapping with public roads, reserves, or reserved areas (forests, utility corridors).
6.3 Due Diligence on Seller
Does the seller have authority to sell? If land belongs to a family/community, are all key stakeholders informed?
Are there pending applications or disputes?
6.4 Legal Advice
Engage a lawyer who is versed in Ogun State land law. He or she can help verify documents, conduct title search, draw up or review Deed of Assignment, ensure Governor’s Consent for transfers if needed.
7. Excision & Gazette vs Certificate of Occupancy and Other Titles
Since many people hear about C of O, Governor’s Consent, etc., it’s useful to compare these to excision/gazette, to see the differences, overlaps, and which is better in given circumstances.
7.1 Certificate of Occupancy (C of O)
Under the Land Use Act and state laws, a Certificate of Occupancy is a legal document issued by the State Governor that grants the right of occupancy to a person or entity for a specified period (often 99 years, renewable), subject to terms and conditions.
7.2 Governor’s Consent
When land or rights under a C of O are sold, assigned, transferred, or otherwise disposed of, the law often requires Governor’s Consent for the transaction to be lawful. Without it, a deed may be void or unenforceable in part.
7.3 Where Excision & Gazette Fit In
Excision/gazette can act as the root or foundational title. For many communities, a land that is excised and gazetted is already safer to hold, sell, or transact than land under mere oral customary title or “undocumented occupancy.”
But usually, for large urban development, for mortgages, or loans, a C of O is preferred or required. Sometimes excised/gazetted land can be upgraded to C of O.
8. Case Studies & Examples in Ogun State
To illustrate the principles above, here are some real examples and case stories.
8.1 Ogun Grants Excision to 9 Villages around Hill Crest Estate
As mentioned above, Ogun State Government in 2025 excised portions of land previously under acquisition to nine villages around the Hill Crest Estate, behind the Secretariat Complex in Abeokuta. Letters of Excision were issued, restoring rights to the communities. This is a recent example of excision in practice. thedailycrucible.com.ng+1
Implications: the villages can now hold, sell, transfer portions of those lands more securely; future disputes over acquisition are reduced; gives greater certainty.
8.2 Other Communities Benefiting
Though information is less documented, there are reports in Ogun State of other excisions being granted in order to maintain peaceful development and community existence. These suggest that excision is used by the state government as a tool of reconciling government acquisition with community/customary rights. thedailycrucible.com.ng+1
8.3 Common Disputes
Disputes often arise where boundary descriptions (survey) differ from what is stated in the gazette, or the community believes the excised area should include more land than what is officially given.
Another issue is when selling land based on anticipated excision which never materializes or is delayed.
9. Nigeria-wide Comparisons & Learning from Other States
While this article focuses on Ogun State, many of the issues, procedures, and challenges are common across other states (Lagos, Oyo, etc.). Comparing them helps to see best practices and pitfalls.
For example, in Lagos State, land excision is fairly common, but many buyers fall into traps with “excision in process” claims. HG.org+2Nairaland+2
There are also examples of states pushing to convert excision/gazette lands into full Certificates of Occupancy for ease of legal recognition and to minimize disputes.
Lessons for Ogun State:
Be extra diligent where survey records, gazette references, and registration are delayed.
Use state-specific offices (Surveyor-General, Lands Registry) for verification.
Community engagement and clarity of boundaries are critical.
10. Practical Advice for Land Buyers & Investors
If you are or will be involved in buying, selling, or investing in land in Ogun State, here are practical steps to protect yourself, and ensure you are dealing with properly excised/gazetted land.
Ask for all relevant documents up front: Letter of Excision, survey plans, gazette reference, title documents if any.
Visit the site: ensure what is on paper matches the physical geography.
Confirm with registry and government offices: Surveyor-General’s office, Ogun State Lands Registry, Ministry of Lands & Housing.
Engage professional help: Surveyor, lawyer, notary.
Ensure proper payment of fees and taxes: Check whether fees have been paid, and whether Land Use and Amenities Charge is up to date.
Get Governor’s Consent for transfers: If the land is being sold or transferred after excision, ensure that governor’s consent is obtained if law requires it.
Ensure documentation is lodged and registered: Survey lodgments, registration of title, registration or filing of Land Registry records.
Check for any overlapping acquisition or reserved lands: Sometimes lands are reserved for public purposes (roads, utilities, etc.), which can complicate excision.
11. Legal Precedents & Statutory Provisions Specifically in Ogun State
(This section you might want to have your lawyer fill with up‑to‑date constitutional case law, Ogun State laws, and any judicial decisions regarding excision, gazette, or land acquisition in Ogun. I’ll outline what to look for.)
Check whether Ogun State has passed specific laws or regulations requiring that excision must be gazetted within a particular time frame.
Any relevant court decisions in Ogun State that have adjudicated title disputes arising out of excisions or failure to gazette.
How Ogun State implements the Land Use Act with respect to excisions: whether there are guidelines, administrative manuals, or policy documents.
Ogun State’s rules for governor’s consent, issuance of C of O for excised lands.
12. Summary & Key Takeaways
Excision is the legal release by the government of a portion of land previously under acquisition or control, returning rights to a community, family, or individual.
Gazette is the official publication that gives notice and formal legal recognition of that excision. Without gazette, even excision is less secure.
Ogun State has been active in granting excision to communities, issuing Letters of Excision, etc. But the process is procedural, and buyers must insist on seeing concrete documentation.
Many risks arise when one assumes “pending excision,” “file number,” or unverified claims are enough. They may not be.
Verification with government offices, survey plans, gazette notices, and legal counsel is essential before making any payment or entering into contracts for land.
