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
CHAPTER 1
GENERAL
INTRODUCTION
1.0.0.INTRODUCTION
1.1.0.BACKGROUND TO THE STUDY
1.2.0.OBJECTIVE OF THE STUDY
1.3.0.FOCUS OF THE STUDY
1.4.0.SCOPE OF THE STUDY
1.5.0.METHODOLOGY
1.6.0.LITERATURE REVIEW
1.7.0.DEFINATION OF TERMS
1.8.0.CONCLUSION.
CHAPTER 2
THE NECESSITY OF
THE LAND USE ACT OF 1978
2.0.0INTRODUCTION
2.1.0NATURE OF LAND HOLDING PRIOR TO THE PROMULGATION OF THE ACT
2.1.1CUSTOMARY SYSTEM OF LAND TENURE
2.1.2NON CUSTOMARY SYSTEM OF LAND TENURE
2.1.3THE SPECIAL LAND TENURE SYSTEM IN THE FORMER NORTHERN
NIGERIA
2.2.0HISTORICAL BACKGROUND OF THE LAND USE ACT
2.3.0IDEOLOGICAL AND PHILOSOPHICAL BASIS FOR THE
PROMULGATION OF THE LAND USE ACT
2.4.0EFFECT OF THE LAND USE ACT ON THE PRE-EXISTING LAND
LAWS IN NIGERIA
2.4.1THE LAND USE ACT AND CUSTOMARY LAND LAW AND TENURE
2.4.2THE LAND USE ACT AND THE RECEIVED ENGLISH LAND LAW AND
TENURE.
2.4.3THE LAND USE ACT AND THE LAND TENURE LAW, 1962
2.5.0CONCLUSION.
CHAPTER 3
THE LAND USE ACT:
REFORMS & INNOVATIONS
3.0.0.INTRODUCTION
3.1.0.POLICIES INTENDED BY THE ACT
3.1.1UNIFORM LAND POLICY
3.1.2STATE OWNERSHIP, CONTROL AND TRUSTEESHIP POLICY
3.1.3PLANNED DEVELOPMENT AND ENVIRONMENTAL PROTECTION POLICY.
3.1.4LAND USE POLICY
3.1.5RIGHT OF OCCUPANCY OR LEASEHOLD POLICY
3.1.6CERTIFICATE OF OCCUPANCY
3.1.7REDISTRIBUTION AND EQUITABLE POLICY
3.1.8ALIENABILITY OF A RIGHT OF OCCUPANCY
3.1.9PROSCRIPTION OF
DISCRIMINATION AGAINST FELLOW
NIGERIANS
3.1.10REVOCATION OF A RIGHT OF OCCUPANCY UNDER THE ACT
3.1.11THE ACT, A SOURCE OF GOVERNMENT REVENUE
3.2.0
CONCLUSION
CHAPTER 4
THE LAND USE ACT,
PROBLEMS AND PROSPECTS
4.0.0INTRODUCTION
4.1.0PROBLEMS OF THE ACT
4.1.1 PROBLEMS
IN RESPECT OF TRUST CONCEPT INTODUCED BY THE ACT
4.1.2
PROBLEM IN RESPECT OF POWER CONTROL AND MANAGEMENT BY THE STATE
4.1.3 THE
ATTITUDE OF FORMER LAND OWNERS TO THE ACT
4.1.4 CONSENT
REQUIREMENT AND ITS ATTENDANT PROBLEMS
4.1.5
THE GOVERNOR’S UNFETTERED POWER TO DESIGNATE CERTAIN AREAS AS URBAN LAND.
4.1.6 THE HALF
HECTARE RULE BY THE ACT IS CONFISCATORY.
4.1.7 FINALITY
OF DECISION OF THE LAND USE AND ALLOCATION COMMITTEE.
4.1.8 THE GOVERNOR CONCURRENT POSSESSION WITH THE
OCCUPIER’S RIGHT, A BAR TO ACTIONABLE TRESPASS
4.1.9 THE
GOVERNOR’S EXCLUSIVE POWER OF REVOCATION UNDER THE ACT
4.1.10 THE
DISCRMINATORY AND RESTRICTIVE NATURE OF THE ACT
4.1.11 THE ACT
AND THE CONSTITUTION
4.2.0
CONCLUSION
CHAPTER 5
CONCLUSION AND
RECOMMENDATION
5.0.0.CONCLUSION
5.1.0.RECOMMENDATION
BIBILOGRAPHY
TABLES
OF CASES
•
Abioye v. Yakubu (1991) 5
NWLR(pt 190) p.30
•
A.G of Lagos State v.
N.E.P.A Suit No. LD/372/81 delivered on 5/7/82
•
A.G of Ogun State v.
A.G.F(1982) 3 NCLR pp. 193-194
•
A.G of Southern Nigeria
v. John Holt(1910) 2 NLR 1
•
Akpan Sam Adua v. Akpan
Udo Essien (2010) 8ALL FWLR(pt. 535) p.361
•
Amodu Tijani v. Secretary
of Southern Nigeria(1921) AC 399 at 404
•
Animashaun v. Sufiami
Suit No. LD 19/77 dated 10/6/08
•
Chief Christopher I.
Monkom & Ors v. Augustine Odili (2010) 9 ALL FWLR (pt.
536) p.552
•
Chief R. Nkwocha v.
Governor Anambra State & Ors (1983)4 NCLR 719
•
Davies v. Ilo Suit No.
Ik/3/73
•
Eze v. Igiliegbe &
Ors 14 WACA 61
•
J.M. Aina & Co. Ltd
v. Commissioner for Lands and Housing, Oyo State of Nigeria (1983)4 NCLR 643
•
Madam Safuratu Salami
& Ors v. Eniola Oke (1987) 9-11 SC 43
•
Makeri v. Kafinta (1990)
7NWLR 158
•
National Bank of Nig. Ltd
v. Adedeji (1989) 1NWLR (pt. 76) 212
•
Oduntan Osiniwo v. A.G of
Southern Province (1912) 2NWLR p.77
•
Ogunche v. Iliyasu (1974)
NNLR (1972) 2 UILR (pt. iv) 424
•
Ogunleye v. Oni (1990)
2NWLR (pt.135) 745
•
Ogunola v. Eiyekole
(1990) 4NWLR (pt.146) 632 at 647
•
Okunola v. Oluwo (1987) 4NWLR (pt.64) p.141
•
Otunba Bola Adewumi v.
Mile ogunbowale & Ors. Suit No ID/115/81, High Court Ikeja, 28/05/82.
•
Provost of Lagos State
college of Education & Ors v. Dr Kolawole Edun & Ors (2004) 6NWLR
(pt.870) 476 at 509.
•
Queen v. The Minister for
Land and Survey Exparte, the Bank of the North
(1963) NWLR 58
•
Savannah Bank (Nig) Ltd
Plc v. Ajilo (1989)NWLR (pt.97) p.35
•
Tijani Akinloye v. Chief
Oyejide Suit No. HC3/9A/83 of 17/9/8
•
Umar Ali & Co. (Nig)
Ltd v. Commissioner for LandsS and Survey & Ors (1983)
4 NCLR 571
•
Upper Benue River Basin
Development Authority v. Auta Alka &
(1998)
2NWL. (pt.537) 328
TABLE OF STATUTES STATUTE:
*The
Constitution of the Federation 1963 No.20
*The
Constitution of the Federal Republic of Nigeria 1979
*The
Constitution of the Federal Republic of Nigeria (Promulgation) 1999 Cap.24 LFN
2004
*The Land and
Native Rights of Proclamation, 1910
*The Land and
Native Rights of Ordinance, 1916
*The Land Use
Act No.6 March 29, 1978 Cap L5 LFN 2004
*The Public
Land (Miscellaneous) Decree, 1976
*The Public
Land Acquisition (Miscellaneous Provisions) Act Cap 167, 1976
LAWS
*The High
Court Law Cap 61 Laws of Eastern Nigeria, 1963
*The Land Tenure
Law No.25 April 22 of 1962, Cap 59 Laws of Northern Nigeria 1963
TREATY
*Treaty of
cession 1861
LIST
OF ABBREVIATIONS
ABU……………………………………………………….………Amadu
Bello University
AG…………..…………………………………………………….………Attorney
General
AGF………………………………………………………Attorney
General of the Federation
ALL
FWLR……….……………………………………………All Federation Law Report
LFN……………………………………………………..Laws
of the Federation of Nigeria
NEPA……………………………………………………….National
Electrical Power Authority
NCLR……………………………………………….….Nigerian
Constitution Law Report
NLR……………………………….……………………………………
Nigeria Law report
NNLR………………………………………………….……
Northern Nigeria Law Report
NRNLR………………………….……….……….Northern
Region of Nigeria Law Report
NWLR……………………………………………………….Nigerian
Weekly Law Report
SC……………………………………………………………………………Supreme
Cases
UI…………………………………………………………..………….University
of Ibadan
UILR……………………..……………………………………University of Ife Law Report
UNIFE…………………………………………………………………..University of Ile-Ife
UNILAG…………………………………..………….………………..University
of Lagos
WACA………………………………………………………West
African Court of Appeal
CHAPTER 1
GENERAL INTRODUCTION
1.1.0 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, 1978[1]when the Land Use Act was enacted, there wereland laws[2]
which governed land tenure systems in
Nigeria before, during and after the advent of the colonial masters. These laws
continued to be in operation until they were found to be defective because
despite their existence, the problems of land tenure persisted in Nigeria. 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 compensation[3]
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 1977[4]
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, 1978[5].
[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
[3] 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
[4] The Land Use Panel set up on the 16th April 1977 headed by Justice Chike Idigbo
[5] Ibid