What is Land Excision in Ogun State and Why is it Important?
Introduction
Land is one of the most valuable assets in Nigeria, and in Ogun State, its importance cannot be overstated. Families, communities, investors, and property developers all rely on land either as a place to live, a source of livelihood, or an investment for future generations. Yet, despite its importance, many people do not fully understand the legal processes that govern land ownership in Ogun State. One of the most crucial of these processes is land excision.
Land excision is a concept under Nigerian property law that has a direct impact on the validity, safety, and legality of land transactions. Unfortunately, many buyers, investors, and even some land developers jump into land deals in Ogun without understanding what excision means, how it works, and why it is so important. This ignorance has led to countless disputes, loss of money, demolitions, and heartbreak for unsuspecting families and investors.
This article provides a comprehensive guide to land excision in Ogun State. It explains what excision means, how it is done, the laws that govern it, why it matters for safe property transactions, and how families and developers can protect themselves. Whether you are an individual buying land, a developer planning an estate, or a family seeking to protect ancestral land, understanding excision will help you make informed decisions.
Understanding Land Ownership in Ogun State
To fully understand excision, it is necessary to first appreciate how land ownership works in Ogun State. Like every state in Nigeria, Ogun operates under the Land Use Act of 1978. This law vests ownership of all land in each state in the hands of the Governor, to be held in trust for the people.
This means that no person or family can claim absolute ownership of land. Instead, individuals, communities, or organizations only enjoy rights of occupancy (customary or statutory) that are subject to the control of the Governor.
Thus, even if a family has occupied land for generations, such land technically belongs to the State until it is formally recognized and released to them through excision or similar processes.
What is Land Excision?
Land excision is the legal process by which the government releases a portion of land back to a community, family, or group that originally occupied it before the enactment of the Land Use Act.
When the Land Use Act came into effect, all land automatically vested in the Governor. However, the law recognized that many families and communities had been living on and using land long before the law. To avoid displacing these people, the law allows the Governor to excise portions of land and formally return them to such communities.
Once excision is granted, the land becomes free from government acquisition and the community or family can lawfully allocate or sell it.
Why is Excision Important in Ogun State?
Excision is critical for several reasons:
Security of Title – Land that has been excised is legally recognized, reducing the risk of government takeover.
Safe Transactions – Buyers who purchase excised land are protected from future disputes or demolitions.
Access to C of O – Only excised land can later qualify for a Certificate of Occupancy (C of O), which is the highest proof of land ownership in Nigeria.
Investment Value – Developers and investors prefer excised land because it is safer and increases in value over time.
Prevention of Loss – Many families in Ogun have lost land because it was under government acquisition and not excised.
The Legal Framework Governing Excision
Excision in Ogun State is primarily governed by the Land Use Act of 1978, as well as state-level regulations. The Governor has discretionary powers to grant excision, usually through the Ministry of Lands and Housing. Communities and families apply formally for excision, and the government evaluates such applications based on history, land use, and development plans.
The Process of Land Excision in Ogun State
Although the process can vary slightly depending on government policy, the typical steps include:
Application for Excision – The community or family submits an application to the Ministry of Lands and Housing.
Survey Plan – A perimeter survey of the land is prepared by licensed surveyors to define the exact boundaries.
Assessment by Government – The Ministry reviews the history of the land, its use, and whether it overlaps with government schemes or acquisitions.
Approval in Principle – If satisfied, the Governor may approve the excision in principle.
Publication in Gazette – Once approved, the excision is published in the Official Gazette of Ogun State, which serves as proof of legal recognition.
Allocation and Registration – The excised land is then recognized as community land and can be allocated, sold, or transferred by the rightful family or group.
Excision and Gazette: The Link
An excision is not complete until it is published in the gazette. A gazette is the official government record that lists all lands excised by the Governor. For buyers, the gazette is the first place to check before purchasing land in Ogun State. If the land is not gazetted, it is likely still under government acquisition and unsafe for investment.
Categories of Land in Ogun State
When dealing with excision, it is important to understand the different categories of land:
Global Acquisition – Land still fully under government control, not safe for purchase.
Committed Acquisition – Land reserved for specific government projects (e.g., schools, roads, housing). Buying this land is highly risky.
Free Land – Land that has been excised and gazetted, safe for transactions.
Only free land is safe for buyers and investors.
Risks of Buying Non-Excised Land
Many unsuspecting buyers in Ogun have lost millions by buying land that was not excised. The risks include:
Demolition of buildings by the government.
Loss of money without compensation.
Endless disputes with communities or government agencies.
Inability to obtain valid documents like C of O.
How to Verify Land Excision in Ogun State
Before buying land, always:
Request a copy of the survey plan.
Check the land against the official gazette at the Ministry of Lands.
Engage a professional estate lawyer to conduct due diligence.
Avoid verbal assurances from community members or agents.
Excision vs. Certificate of Occupancy (C of O)
While excision is the first step, a C of O is the ultimate proof of land ownership. Land must first be excised before a Certificate of Occupancy can be processed. Therefore, excision and C of O go hand in hand for secure land ownership in Ogun.
Case Studies of Excision in Ogun State
Families Regaining Control – Several indigenous families in Abeokuta and Ifo successfully secured excision, protecting their ancestral lands from government takeover.
Developers Building Estates – Many modern estates in Mowe, Ibafo, and Sagamu are built on excised land, making them attractive to investors.
Buyers Losing Investments – Some buyers in Ewekoro lost properties because they bought land under committed acquisition without excision.
Why You Need an Estate Lawyer for Excision Matters
Excision is a technical and legal process. A lawyer helps to:
Verify excision status of land.
Conduct due diligence at the Ministry of Lands.
Draft proper agreements for safe purchase.
Protect clients from fraud and land scams.
Guide families in applying for excision.
Conclusion
Land excision in Ogun State is one of the most important safeguards for buyers, families, and developers. It is the process by which land originally held by communities is legally released by the government, making it safe for ownership and investment. Without excision, land remains under government acquisition and any purchase on such land is risky and unsafe.
For anyone looking to buy, sell, or develop land in Ogun State, understanding excision is non-negotiable. It protects your money, secures your title, and provides peace of mind.
Contact Us
At Chaman Law Firm, we specialize in land law, excision, property verification, and real estate transactions in Ogun and Lagos States. We help clients conduct due diligence, verify excision status, process land documents, and protect their investments from fraud.
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115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671, 08096888818, 08024200080
📧 chamanlawfirm@gmail.com
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