Author(s): DR. JOHN ERIAYE THOMPSON & DR. (MRS) SOIBITEINYIM GEORGE-IBIKIRI | Volume 18 (2)April, 2023

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Abstract

The land tenure system that had existed during the pre-colonial, colonial and independence in the northern part and southern part of Nigeria had posed challenges to the Government. It therefore, became expedient to reevaluate the land tenure system in Nigeria as a whole and come up with a uniform system that would be acceptable. As a result of the challenges faced in the entire nation by the Government, the then Federal Military Government in 1977, set up a land use panel. The panel swung into action and submitted its report which brought about the promulgation of the Land Use Decree now the Land Use Act, 1978. The Act is one of the most essential piece of legislation affecting land in Nigeria currently while all other laws had been regional, the Land Use Act 1978 is general and nationwide in its application and effect. This article interrogates the controversies arising from the Act and what it has caused communities, individuals, organizations, institutions and so on with the aim of proffering suggestions for the improvement of the law. To achieve this primary and secondary sources of law were utilized. The study found that there were conflicting judgements emanating from various High Courts on matters arising from Land Use on questions whether or not the Act is an Act of the National Assembly or part of the Constitution of the Federal Republic of Nigeria. Furthermore, there has been contention whether or not the Land Use Act nationalized interest in real property in Nigeria. The study recommends suggestions for a review of the Constitution.

Keywords: Land Use Act, Expropriation, Controversy