Section 43 - Prohibition against unauthorized building

(1) Save as permitted under section 34 of this Act, as from the commencement of this Act no person shall in an urban area -

(a) erect any building, wall, fence or other structure upon; or

(b) enclose, obstruct, cultivate or do any act on or in relation to,

any land which is not the subject of a right of occupancy or licence lawfully held by him or in respect of which he has not received the permission of the Governor to enter and erect improvements prior to the grant to him of a right of occupancy.

(2) Any person who contravenes any of the provisions of subsection (1) shall on being required by the Governor so to do and within the period specified by the Governor remove any building, wall, fence, enclosure, obstruction, structure or thing which he may have caused to be placed on the land and he shall put the land in the same condition as nearly as may be in which it was before such contravention.

(3) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and liable on conviction to imprisonment for one year or to a fine of N5,000.

(4) Any person who fails or refuses to comply with a requirement made by the Governor under subsection (2) shall be guilty of an offence and liable on conviction to a fine of N100 for each day during which he makes default in complying with the requirement of the Governor.