THE LAND USE ACT OF 1978-CHALLENGES AND PROSPECTS

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THE LAND USE ACT OF 1978-CHALLENGES AND PROSPECTS

ABSTRACT

From time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. It is a source of wealth to those who have it and the mother of all properties. In other words, virtually all the basic needs of human existence are land dependent. In view of the importance and usefulness of land to man and his development as well as the development of his society, every person generally desires to acquire and own a portion of land to achieve the various ends for which the land is meant. Therefore, to make land in Nigeria available to all and to ensure that land is acquired and put to a

proper use for the needed development, governments during and after colonial period enacted laws to govern the use or administration of land in Nigeria.

Before the arrival of the colonial masters, there were customary laws which governed the administration of land in Nigeria. These customary laws varied from one locality to another because of the differences in customs of the people. This accounted for the multiplicity of land laws in Nigeria prior to the promulgation of the Land Use Act of 1978. These laws were applied in each region to regulate land in the region.

Notwithstanding the existence of laws regulating land, the problems of land tenure and land administration persisted both in the Northern and Southern Nigeria. There were new problems such as land racketeering and speculations. Exorbitant compensations were demanded by landowners whenever the government acquired land for development.

Thus, acquisition of land by government or individuals was becoming almost impossible in Nigeria.

In fact, one of the major factors that was said to be a stumbling block against efficient implementation of the Second Development Plan 1975-1980, was lack of land for development project. To break this barrier and monopolies of landlords, the Federal

Military Government set up some panels to consider how best to solve the problems associated with land tenure and administration in Nigeria. The report of one of these panels i.e., the Land Use Panel of 1977 eventually formed the basis of the Land Use Act No. 6 of 1978.

The purpose of this essay therefore, is to critically examine the Land Use Act of 1978 to see the extent to which it has enhanced the administration of land in Nigeria. In this connection, reforms and innovations introduced by the Act to improve the administration

of land are critically examined. Bearing in mind that every being has its scar, the Act is not without shortcomings. In this regard, this study further beams its search lights in figuring out the inherent problems of the Act. Finally, this work makes recommendations on how to improve the Act in view of the recent proposal by Government to review the

Act.

TABLE OF CONTENTS

COVER PAGE……………………………………………………………………………i

CERTIFICATION PAGE……………………………..………………..………………ii

ABSTRACT……………………………………………………………………………..iii

TABLE OF CONTENTS……………………………….………………………………iv

DEDICATION……………………………………………………………………..……vii

ACKNOWLEDGMENT…………………..……………………………………………viii

TABLE OF CASES…………………………………….……………………………..…x

TABLE OF STATUTES…………………………………………………………..……xii

LIST OF ABBREVIATIONS………………………………………………………….xiii

CHAPTER 1

GENERAL INTRODUCTION

1.0.0. INTRODUCTION…………………………………………………………………1

1.1.0. BACKGROUND TO THE STUDY………………………………………………1

1.2.0. OBJECTIVE OF THE STUDY……………………………………………………3

1.3.0. FOCUS OF THE STUDY…………………………………………………………3

1.4.0. SCOPE OF THE STUDY…………………………………………………………..3

1.5.0. METHODOLOGY……………………………………………………………………4

1.6.0. LITERATURE REVIEW…………………………………………………………..5

1.7.0. DEFINATION OF TERMS………………………………………………………15

1.8.0. CONCLUSION. ……………………………………………………………………..18

CHAPTER 2

THE NECESSITY OF THE LAND USE ACT OF 1978

2.0.0 INTRODUCTION…………………………………………………………………..19

2.1.0 NATURE OF LAND HOLDING PRIOR TO THE PROMULGATION OF THE

ACT……………………………………………………………………………….19

2.1.1 CUSTOMARY SYSTEM OF LAND TENURE…………………………………20

2.1.2 NON CUSTOMARY SYSTEM OF LAND TENURE………………………….23

2.1.3 THE SPECIAL LAND TENURE SYSTEM IN THE FORMER NORTHERN

NIGERIA…………………………………………………………………………26

2.2.0 HISTORICAL BACKGROUND OF THE LAND USE ACT…………………..28

2.3.0 IDEOLOGICAL AND PHILOSOPHICAL BASIS FOR THE

PROMULGATION OF THE LAND USE ACT………………………………….33

2.4.0 EFFECT OF THE LAND USE ACT ON THE PRE-EXISTING LAND LAWS

IN NIGERIA……..………………………………………………………………….34

2.4.1 THE LAND USE ACT AND CUSTOMARY LAND LAW AND TENURE…..34

2.4.2 THE LAND USE ACT AND THE RECEIVED ENGLISH LAND LAW AND

TENURE. ………………………………………………………………………………36

2.4.3 THE LAND USE ACT AND THE LAND TENURE LAW, 1962………………37

2.5.0 CONCLUSION. ……………………………………………………………………..38

CHAPTER 3

THE LAND USE ACT: REFORMS & INNOVATIONS

3.0.0. INTRODUCTION…………………………………………………………………..39

3.1.0. POLICIES INTENDED BY THE ACT…………………………………………39

3.1.1 UNIFORM LAND POLICY…………………………………………………….40

3.1.2 STATE OWNERSHIP, CONTROL AND TRUSTEESHIP POLICY………….41

3.1.3 PLANNED DEVELOPMENT AND ENVIRONMENTAL PROTECTION

POLICY. …………………………………………………………………………………..45

vii

3.1.4 LAND USE POLICY………………………………………………………………48

3.1.5 RIGHT OF OCCUPANCY OR LEASEHOLD POLICY…………………….…49

3.1.6 CERTIFICATE OF OCCUPANCY……………………………………………..52

3.1.7 REDISTRIBUTION AND EQUITABLE POLICY……………………………..55

3.1.8 ALIENABILITY OF A RIGHT OF OCCUPANCY……………………………56

3.1.9 PROSCRIPTION OF DISCRIMINATION AGAINST FELLOW

NIGERIANS.…………………………………………………………………………58

3.1.10 REVOCATION OF A RIGHT OF OCCUPANCY UNDER THE ACT………..59

3.1.11 THE ACT, A SOURCE OF GOVERNMENT REVENUE…………………..…61

3.2.0 CONCLUSION…………………………………………………………………..62

CHAPTER 4

THE LAND USE ACT, PROBLEMS AND PROSPECTS

4.0.0 INTRODUCTION…………………………………………………………………..63

4.1.0 PROBLEMS OF THE ACT……………………………………………………..63

4.1.1 PROBLEMS IN RESPECT OF TRUST CONCEPT INTODUCED BY THE

ACT………………………………………………………………………………………….64

4.1.2 PROBLEM IN RESPECT OF POWER CONTROL AND MANAGEMENT BY

THE STATE……………………………………………………………………………..65

4.1.3 THE ATTITUDE OF FORMER LAND OWNERS TO THE ACT…………….66

4.1.4 CONSENT REQUIREMENT AND ITS ATTENDANT PROBLEMS…………68

4.1.5 THE GOVERNOR’S UNFETTERED POWER TO DESIGNATE CERTAIN

AREAS AS URBAN LAND. ……………………………………………………….70

4.1.6 THE HALF HECTARE RULE BY THE ACT IS CONFISCATORY…………72.

4.1.7 FINALITY OF DECISION OF THE LAND USE AND ALLOCATION

COMMITTEE. …………………………………………………………………………….72

4.1.8 THE GOVERNOR CONCURRENT POSSESSION WITH THE OCCUPIER’S

RIGHT, A BAR TO ACTIONABLE TRESPASS………………………………74

viii

4.1.9 THE GOVERNOR’S EXCLUSIVE POWER OF REVOCATION UNDER THE

ACT……………………………………………………………………………………………..76

4.1.10 THE DISCRMINATORY AND RESTRICTIVE NATURE OF THE ACT……77

4.1.11 THE ACT AND THE CONSTITUTION………………………………………….79

4.2.0 CONCLUSION……………………………………………………………………………..82

CHAPTER 5

CONCLUSION AND RECOMMENDATION

5.0.0. CONCLUSION …………………………………………………………………………….83

5.1.0. RECOMMENDATION ………………………………………………………………..86.

BIBILOGRAPHY………………………………………………………………………….91

CHAPTER ONE

Background to the study

The importance of land to man on earth through all ages can hardly be overemphasized.

Land, though represents only about two-fifth of the earth’s surface, it provides a platform on which man’s activities are predicated. It is however ironical that while the world population increases, the land in supply appears to be receding. Hence land is never

thought to be sufficiently available to meet the need of man in a society. The ownership of land is jealously guarded against. Wars are fought, territories conquered to assert and preserve the ownership of land. The rift between Nigeria and Cameroon over Bakassi

Peninsula, wars between Ife and Modakeke and that between Erinle and Offa attest to the above claim.

For few available land to be equitably administered among the people and be maximally utilized there is need for a good land policy to be put in place for effective control and management of land in order to witness the desired development in the society.

Prior to 29th March, 19781 when the Land Use Act was enacted, there were land laws2 which governed land tenure systems in Nigeria before, during and after the advent of the

1 The Land Use Act No. 6 March 29, Cap L5. LFN 2004

2 These pre-existing land laws include-customary, received English land laws and the Land Tenure Law

One the most serious of these problems was the difficulty in acquiring land by the government in major urban centres for national development because of land speculations, racketeering and high cost of compensation3 usually demanded by the land

owners whenever government acquired land to execute its projects.

Against this background, the Federal Government in a deliberate effort to unify land tenure, streamline and simplify ownership of land in Nigeria, set up the Land Use Panel in 19774 with certain terms of reference. The recommendations of this panel were

particularly related to the land tenure system in the Southern States. The recommendations were studied and adopted by government which promulgated the Land Use Act, 19785.

This study is carried out against the background of the Land Use Act to evaluate it in the light of its laudable objectives to see whether land is better managed and controlled under the Act. It also points out the inherent problems of the Act which range from interpretation to practical implementation of its provisions. This essay also considers the

The Public Land (Miscellaneous) Decree, 1976 which provided for the amount of compensation throughout the whole country. But it has been repealed by the Land Use Act 1978

1.2 Objectives of the study

The importance of land to man, its immense contributions to national development and the yearning for efficacious land legislation has led to a careful and deliberate choice of this topic with the following objectives in view: Firstly, to assess the effectiveness or

otherwise of the management of land under the Land Use Act6. Secondly, to make useful recommendations on how to improve upon the Act, particularly its provisions that seem most unclear and controversial. Thirdly, to make substantial contributions to our

knowledge of land law in general and the Land Use Act in particular.

1.3 Focus of the study

The study particularly appraises the Land Use Act of 1978, concentrating on its problems

and prospects. Therefore, a holistic study of this Act is done.

1.4. Scope of the study

The enormity of the subject matter has led to the selection of some aspects of our land laws in Nigeria. In general, reference is made to virtually all our land and property laws which were in existence before the enactment of the Act in 1978.

1.5 Research Hypothesis

H0: The land use act of 1978 does not have a significant positive impact in the development of Nigeria

H1: The land use act of 1978 have a significant positive impact in the development of Nigeria

1.6 Limitations of the study

There was limited time and finance during the research.

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