Ogun State Denies Constancy Farms Land Revocation, Cites Non-Payment

• The Ogun State Government denies arbitrarily revoking an 11-acre land allocation for Constancy Farms, stating the provisional offer was cancelled due to non-payment.
• The applicant, Alhaja Adijat Busari, failed to pay the assessed land cost of N334,493,200 within the 60-day deadline specified in the provisional offer.
• A payment of N2,304,200 was made, but this only covered ancillary statutory charges, not the principal land cost.
• The Busari family claims the proposed takeover has led to intimidation and damage to their N1 billion poultry business.
• Following the cancellation, the land was reallocated to another company for industrial development, though the government stated the original applicant was not permanently excluded from future opportunities.

The government's position is that the applicant therefore failed to pay for the land itself, despite the clear 60-day deadline specified in the provisional offer.

The Ogun State Government has firmly refuted allegations of arbitrarily revoking an 11-acre (4.646-hectare) land allocation intended for a poultry farm in the Obafemi/Owode Local Government Area. This denial comes in response to an appeal made by the children of the late Ganiyu Busari and the management of Constancy Farms, located in Fere Village, Jibowu. The family had publicly urged Governor Dapo Abiodun and President Bola Tinubu to intervene, claiming that the state was attempting to reallocate their property to a Chinese-owned company.

The Busari family asserted that the proposed takeover had led to constant threats and intimidation against them and their employees. They also reported property damage and financial losses to their poultry business, valued at over N1 billion, due to alleged attempts to demolish parts of the farm. Azeez Busari, one of the late Busari’s children, stated that government officials and representatives of the Chinese company had been pressuring the family to vacate the premises since 2025, despite what he described as valid documents supporting their land acquisition. The farm, he noted, boasts facilities capable of housing 27,000 laying birds and a 10,000-capacity rearing pen.

Furthermore, Azeez Busari expressed surprise at the government's actions, given that the family had initiated partial payment of the assessment fee demanded by the state. He questioned the rationale behind the government's decision to seemingly undermine local investors in favor of a foreign firm. This assertion formed the core of the family's public plea for intervention, highlighting a perceived injustice in the land allocation process.

In a statement issued by Kayode Akinmade, the Special Adviser to Governor Dapo Abiodun on Information and Strategy, the Ogun State Government clarified that the provisional land offer was cancelled due to the applicant's failure to remit the full assessed cost of the land within the stipulated 60-day period. According to official records, Alhaja Adijat Busari, the original applicant, submitted an application for the allocation on January 7, 2025, under reference number OW/SL/C.1302.

Following a mandatory site inspection and investigation, the Bureau responsible for land allocation proceeded to issue a Provisional Letter of Offer to Alhaja Busari on March 25, 2025. The assessment letter, which clearly outlined the financial obligations, was subsequently received by the applicant on April 2, 2025. This letter explicitly stated that the required payment for the land, assessed at N334,493,200, had to be completed within 60 days from the date of receipt. However, the government maintained that this critical condition was not met by the applicant.

The Ogun State Government emphasized a crucial distinction regarding the payments made by the applicant. While a payment of N2,304,200 was indeed made on June 17, 2025, this amount exclusively covered ancillary statutory charges. These charges included fees for execution, annual ground rent, government survey, preparation, and registration. Critically, this payment did not contribute towards the substantial N334,493,200 assessed cost of the land itself.

Key principal land charges, such as the Premium Fee, Capital Contribution Fee, and Special Infrastructural Development Charge, remained unpaid. The government's position is that the applicant therefore failed to pay for the land itself, despite the clear 60-day deadline specified in the provisional offer. This highlights the importance of understanding the full scope of financial obligations in land acquisition compliance within Nigeria.

Due to the non-payment of the principal land charges within the stipulated timeframe, the provisional offer was formally cancelled in strict accordance with its terms. The applicant was duly notified of this decision. Following the cancellation, the 4.646-hectare parcel of land became available for other interested parties. It was subsequently allocated to a different company for industrial development after a fresh application process.

Despite the reallocation, the government, through Mr. Akinmade, indicated that it had not permanently closed the door to the original applicant. This suggests that while the specific provisional offer was rescinded due to non-compliance with payment terms, avenues for future engagement or alternative land allocations might still exist for the Busari family, provided they adhere to established Ogun State Bureau of Land procedures.

This case highlights the critical importance for lawyers and compliance officers to advise clients on strict adherence to payment terms and deadlines stipulated in provisional land allocation offers from state governments. Failure to meet these conditions, specifically full payment within the specified timeframe (e.g., 60 days), can lead to the cancellation of the offer and re-allocation of the land, even if ancillary charges have been paid.

Source: Original reporting via Taiwo Bankole