the land use act of 1978: appraisal, problems and prospects

109 Pages·2011·0.29 MB·English

THE LAND USE ACT OF 1978: APPRAISAL, PROBLEMS
AND PROSPECTS

BY

SADIQ EMMANUEL RASAK

MATRIC NO. O6/40IA168

BEING A LONG ESSAY SUBMITTED TO THE FACULTY OF LAW,
UNIVERSITY OF ILORIN, ILORIN, NIGERIA, IN PARTIAL FULFILMENTS
OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF
BARCHELOR OF LAW (LL.B HONS.) IN COMMON LAW

MAY 2011

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CERTIFICATION

This is to certify that this long essay: THE LAND USE ACT 1978: APPRAISAL,
PROBLEMS AND PROSPECTS was written by SADIQ EMMANUEL RASAK It
has been read and approved as meeting parts of the requirements for the award of
Bachelor of Law (LL.B Hons.) Degree in Common Law in the Faculty of Law,
University of Ilorin, Ilorin, Nigeria.

MRS. M.B JAIYEOLA DATE SIGNATURE
Supervisor ………………. …………………..

DR. HAKEEM IJAYA DATE SIGNATURE
H.O.D of Host Dept.
Dept. of Private and Property Law …………….… …………………

PROF. A. ZUBAIR DATE SIGNATURE
H.O.D of Graduating Dept.
Dept. of Islamic Law ………………… ………………….

DR. WAHAB O. EGBEWOLE DATE SIGNATURE
Dean, Faculty of Law ……………….. ………………..

……………………………. DATE SIGNATURE
EXTERNAL EXAMINER ………………… ………………….

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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

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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.

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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

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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

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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

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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

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DEDICATION

This work is dedicated to God, the Father of my Lord Jesus Christ, my Saviour and my
very hope of existence. The Father of mercy and God of all sufficient, sustaining and
encouraging grace in whom I live, move and have my being.

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ACKNOWLEDGMENT
I deeply appreciate the Lord, my King and my Redeemer for His faithfulness, love,
strength, protection, provisions and sustaining grace over me which have kept me secured
and seen me through these years of my academic sojourn. Through the thicks and thins in
these years that the soul went in search of knowledge, God indeed has been all in all and
most sufficient to me. His banner over me has been love. I will ever be grateful to Him who
ever cares for me-spirit, soul and body, and who alone has made me what I am today.
I also acknowledge my uncle and his wife, Mr. & Mrs. Sunday John with whom I stay ever
since I found myself in Ilorin. You have really taken care of me. The pages of this work
will not be enough to express my gratitude for all that God has used you to do for me both
in kind and in cash. May you never lose your reward. The Lord will promote you in all
ramifications and take your children to the height he desires for them in life in Jesus name!
To my Aunt, Mummy Debo (Mrs. Daodu), you are just too wonderful to me. Your timely
encouragements, prayers and gifts have ministered strength to me in the course of this
academic pursuit. You and your family are highly blessed!
My grandma (Mama Alice John), you are really a role model of an affectionate mother that
any grandson will love to have for a grandmother. You have not only told me you love and
care for me, but I have seen you demonstrated it through untiring love, care and generosity.
You have been a great encouragement to me during those years of my academic pursuit. I
am proud to have you for a grandma. You will fulfill your days in health and sound
relationship with the Lord Jesus. Amen!
Mum, (I call you by your maiden name: Iyabo!) really, there is no one like you to me. I
bless God for bringing me into the world through you. I have confirmed it to my soul in the
course of my academic pursuit that you really cherish and care for your only son. I deeply
appreciate your motherly love over me and all that you have contributed to my

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