“The Land Use Act makes specific provisions with regard to land in an urban area, land in a non-urban area, land that is developed, and land that is undeveloped.

Section 34 of the Land Use Act dealing with land in an urban area, provides thus:

1. The following provisions of this Section shall have effect in respect of land in an urban area vested in any person immediately before the commencement of this Act.
2. Where the land is developed the land shall continue to be held by the person in whom it was vested immediately before the commencement of this Act as if the holder of the land was the holder of a statutory right of occupancy issued by the Governor under this Act.
3. In respect of land to which subsection (2) of this section applies there shall be issued by the Governor on application to him in the prescribed form a certificate of occupancy if the Governor is satisfied that the land was, immediately before the commencement of this Act, vested in that person.
4. Where the land to which subsection (2) of this Section applies was subject to any mortgage, legal or equitable, or any encumbrance or interest valid in law such land shall continue to be so subject and the certificate of occupancy issued, shall indicate that the land is so subject, unless the continued operation of the encumbrance or interest would in the opinion of the Governor be inconsistent with the provisions or general intendment of this Act.
5. Where on the commencement of this Act the land is undeveloped, then –

(a)  One plot or portion of the land not exceeding half hectare in area shall subject to subsection (6) below, continue to be held by the person in whom the land was so vested as if the holder of the land was the holder of a statutory right of occupancy granted by the Governor in respect of the plot or portion as aforesaid under this Act; and

(b)   All the rights formerly vested in the holder in respect of the excess of the land shall in the commencement of this Act be extinguished and the excess of the land shall be taken over by the Governor and administered as provided in this Act

6. Paragraph (a) of subsection (5) above shall not apply in the case of any person who on the commencement of this Act also the holder of any undeveloped land elsewhere in any urban area in the State and in respect of such a person all his holdings of undeveloped land in any urban area in State shall be considered together –

(a)  One plot or portion not exceeding 1/2 hectare in area shall continue to be held by such a person as if a right of occupancy had been granted to him by the Governor in respect of that plot or portion; and

(b)  The remainder of the land (so considered together) in excess of 1/2 hectare shall be taken over by the Governor and administered in accordance with this Act and the rights formerly vested in the holder in respect of such land shall be extinguished.

7. No land to which subsection (5) (a) or (6) of this Section applies held by any person shall be further subdivided or laid out in plots and no such land shell be transferred to any person except with prior consent of the Governor.
8. Any instrument purporting to transfer any undeveloped land – -shall be void and of no effect whatsoever in law and any party to such instrument shall be guilty of an offence and liable on conviction to imprisonment for one year or a fine of N5, 000.
9. In respect of land to which subsection (5) (a) or (6) (a) of this section applies there shall be issued by the Governor on application to him in the prescribed form a certificate of occupancy if the Governor is satisfied that the land was, immediately before the commencement of this Act, vested in that person.

Thus, by virtue of Section 34(2) of the Land Use Act, where the land is developed, it shall continue to be held by the person in whom it was vested immediately before the commencement of the land Use Act as if the holder of the land was the holder of a Statutory right of occupancy issued by the Governor under the Land Use Act – see Orianzi V. Att.-Gen., Rivers State (2017) 6 NWLR (Pt. 1561) 224 SC”. PER A.A.AUGIE, J.S.C, in

GENERAL COTTON MILL LIMITED VS TRAVELLERS PALACE HOTEL LER [2018]SC. 297/200 https://legalpediaonline.com/general-cotton-mill-limited-vs-travellers-palace-hotel/