By Abdulaleem Haruna, Esq.
Introduction
Land is the foundation of any university. It defines its physical identity, determines its growth, and safeguards its long-term strategic vision. For the University of Abuja, Nigeria’s premier “university of National Unity” located at the heart of the Federal Capital Territory, land is even more critical. It was conceived as a national educational institution built on land specially set aside by the Federal Government, and therefore insulated from the pressures of urban expansion, political interference, and administrative encroachment.
Yet, over the past years, attempts (both overt and subtle) have been made by individuals, developers, and sometimes government agents to encroach upon, reallocate, or even excise portions of this land. This article continues my earlier analysis by taking a deliberate, straight, and authoritative look at Section 21 of the University of Abuja Act (now Section 22, LFN 2004) to establish, beyond argument, why no authority, including the Minister of the Federal Capital Territory, can lawfully take, allocate, or interfere with any portion of the University of Abuja land.
Section 21 of the University of Abuja Act provides:
“Without prejudice to the provisions of the Land Use Act, the University shall not dispose of or charge any land or an interest in any land… except with the prior written consent, either general or special, of the President.”
Two foundational legal principles immediately arise:
(a) The Act subordinates the University’s land dealings to the Land Use Act. The phrase “without prejudice to the Land Use Act” means that any transaction under Section 21 must conform to the Land Use Act. In practical terms, the Land Use Act remains the ultimate authority on land tenure and revocation.
(b) The provision imposes an absolute prohibition on the University. The University is completely barred from:
- disposing of its land,
- transferring title,
- assigning interest,
- mortgaging land,
- creating debentures or charges,
- or entering transactions that alienate land
without the prior written consent of the President of the Federal Republic of Nigeria.
This prohibition is sweeping. It is intentional. And it is unmistakable.
What exactly does Section 21 prohibit? The law prohibits the University from:
i. Disposing of land. This includes:
- sale,
- assignment,
- allocation letters,
- transfer of interest by deed,
- gifting or donation,
- joint venture arrangements that transfer equity in land,
- powers of attorney conferring authority over land.
ii. Charging land. A “charge” refers to a security interest, usually for a loan or obligation. Thus, the University cannot:
- mortgage land,
- use land as collateral,
- allow a bank, individual, or institution to hold a lien over it,
- enter financial instruments that transfer risk over land.
iii. Charging or disposing of any interest in any land. The prohibition applies not only to University land, but to any land anywhere, meaning the institution is not to be used as a vehicle for land transactions. The law protects the University from becoming a conduit for land speculation or manipulation.
The Only Lawful Possibility is the Written Consent of the President
The Act requires: “…prior written consent, either general or special, of the President…” This is the pivotal point. Only one person, just ONE person, can approve any dealing in the University land and that person is THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA. Not the Minister. Not the FCT Administration. Not Development Control. Not AGIS. Not any department or agency of the FCT.
The Consent must be:
- prior (before the transaction),
- written,
- from the President,
- specific or general,
- and addressed to the University.
This represents a deliberate legal safeguard to protect University lands from executive or administrative encroachment.
Why Not the FCT Minister? The FCT Minister is not mentioned anywhere in Section 21. Nor is he granted implied authority. Nor can he exercise “consent powers” on behalf of the President. The reasons are clear:
- The land is Federal Government land reserved for a Federal University. Federal land allocated for a federal educational purpose cannot be unilaterally overridden by an FCTA Minister.
- The President is the Visitor to the University. Not the FCT Minister. The University Act places ultimate oversight in the President, not in any ministerial office.
- Statutory powers must be exercised exactly as written. Where a statute prescribes how something must be done, it must be done in that manner alone. Or not at all.
- The FCT Minister’s powers derive from the FCT Act, not from the University of Abuja Act. Therefore, the FCT Minister cannot intrude into the internal management of the University land.
- Administrative law forbids implied extension of powers. A Minister cannot assume a statutory role simply because he is “in charge of the territory.”
The Only Window of Flexibility is the Proviso. The Act provides an exception that consent of the President is not required for (1) a rack-rent lease not exceeding 21 years, or (2) a residential lease to members of the University.
This is insightful. It means the University may, without presidential consent:
- lease land at open-market rent,
- for a maximum term of 21 years,
- for commercial, educational, or institutional purposes.
It may also allocate residential land to staff for 21-year leases. This is an underutilized opportunity for:
- staff housing,
- revenue generation,
- orderly estate development,
- controlled expansion,
- and protection of unused land from encroachment.
For over 30 years, the University has scarcely used this power, leaving large portions of land unoccupied and vulnerable.
The FCT Minister cannot encroach, excise, or allocate University Land because it will amount to ENCROUCHMENT. Encroachment by any FCTA institution is:
- Illegal – because Section 21 denies all powers except that of the President.
- Ultra vires – because the Minister’s authority does not extend to federal university land.
- Void – because the University itself cannot dispose of land without presidential consent.
- Contrary to the Land Use Act – because the land is already vested for a federal purpose.
- Administratively improper – because it constitutes interference with an autonomous federal institution.
Even Development Control has zero jurisdiction within the boundaries of University land.
The National Importance of University of Abuja Land
The University of Abuja is not just another institution. It was planned as:
- the Federal University that represents all Nigerians. Its catchment area for admission of students is the whole country. Employments are also based on Federal Character Principles.
- a university of National Unity,
- a future mega-campus modelled after the best international institutions.
Its land was not acquired casually; it was set aside with long-term vision. Losing portions of it to external encroachers would cripple growth, distort planning, and destroy decades of investment.
The message of Section 21 of the University of Abuja Act is clear, emphatic, and unambiguous:
- The University itself cannot lawfully dispose of or alienate its land.
- No government ministry or agency, including the FCT Minister, can tamper with the University land.
- Only the President can approve any dealings involving the University land.
- Any attempt to encroach upon or excise the University land is null, void, and without legal effect.
Accordingly, the University of Abuja land is a federal asset, a national legacy, and a protected statutory space. It must remain inviolable. Not just for today, but for future generations of Nigerians.
What Private Developers and Communities Must Know
- No individual, developer, company, or community can lawfully obtain UniAbuja land from anyone other than the University; and only in accordance with the law.
- Any allocation or “letter of offer” related to the University land from an external body is illegal and worthless.
- Buyers, developers, and trespassers will risk:
- losing their money,
- demolition of structures,
- legal actions for trespass,
- injunctions,
- and even criminal liability in severe cases.
- Ignorance of the law is not an excuse and therefore not a defence.
What Government Agencies Must Understand
FCTA departments such as: Development Control. AGIS, Parks & Recreation Department, AEPB, Area Councils (especially Gwagwalada Area Council), and Satellite Towns Development Department, all have no jurisdiction over the University of Abuja land. Any attempt to assume jurisdiction contradicts a federal law and is therefore null and void. Federal land allocated to a federal university cannot be redrawn through administrative action.
The University of Abuja was envisioned as a large, globally competitive institution capable of expanding over decades. Its land was reserved with this future in mind. Allowing encroachment would destroy the University’s long-term development plan, compromise academic and research activities, endanger national investment, and permanently damage the future of higher education in the FCT.
As stated earlier, the University of Abuja land is a national asset and not an urban real estate opportunity. I therefore hereby offer the following free legal and administrative advice.
- To the General Public: Do not buy, develop, or occupy any portion of University of Abuja land without due verification directly from the University.
- To Private Developers: Be aware that any land obtained from sources outside the University of Abuja will not be honoured, recognized, or protected by law.
- To Government Agencies: Respect the provisions of the University of Abuja Act.
Only the President can authorize land transactions involving the University. - To the University Community: Remain vigilant and report any attempted encroachment or unauthorized activity.
In conclusion, I repeat for emphasis that the University of Abuja land is protected by federal statute. No Minister, official, or agency – not even the FCT Minister – can lawfully take, allocate, or interfere with it. All stakeholders are hereby advised to comply with this statutory directive in the interest of legality, institutional integrity, and national educational development.Bottom of Form
– Abdulaleem Haruna Esq
Deputy Registrar and Special Assistant to the Pro-Chancellor on Information, Strategy and Legal Matters, University of Abuja.
