Section 5: Power to acquire land

(1) The Agency may, subject to the Land Use Act, acquire any land for the purpose of discharging its functions under this Act. (Cap. L5.)
(2) If there is any hindrance to the acquisition of any land by the Agency under this Act, (including any failure by the Agency to reach an agreement as to the amount to be paid in respect of the acquisition), the Agency may apply to the Minister for a declaration under subsection (3) of this section.
(3) The Minister may, on receiving an application from the Agency and after such enquiry as he may think fit, request the Governor of the State in which the land is situated to declare that the land is required for the service of the Agency and accordingly for an over-riding public purpose.
(4) Where a declaration is made under subsection (2) of this section, the land to which the declaration relates shall be deemed to be land required for the public purpose of the Federal Government within the meaning of the Land Use Act and the Agency shall acquire the land accordingly. (Cap. L5.)
(5) Where a declaration has been made under subsection (3) of this section in respect of any land, and-
(a) the land has been acquired pursuant to subsection (4) of this section; or
(b) the Governor of the State concerned is satisfied that there is no right subsisting in respect of the land,
the Governor may vest the land in the Agency by issuing a certificate of occupancy in respect of the land in favour of and in the name of the Agency.
(6) The compensation, if any, payable under the Land Use Act for the acquisition of any land under this section or for the revocation of any rights relating to the land, where applicable, shall in the first instance be paid for by the Federal Government, but the Agency shall refund to the Government any compensation so paid and all incidental expenses incurred by that Government. (Cap. L5.)
(7) A plan of any land referred to in subsection (2) of this section-
(a) containing measurements of the boundaries of the land;
(b) showing the relationship of the land to any sufficient identifying mark; and
(c) signed by the Director,
shall be sufficient description of the land for purposes of an application under that subsection.
(8) The Agency shall not, without the approval in writing of the Governor of the State in which the land is situated, alienate, mortgage, charge or demise any immovable property which has vested in the Agency under this section or in respect of which a right of occupancy has been so granted to the Agency.