A CRITICAL ANALYSIS OF ALIENATION OF LAND UNDER NIGERIAN LAW

Abstract

This study examines the concept of alienation of land within the Nigerian legal
framework, with particular emphasis on the interplay between statutory provisions and
customary law. It analyzes the legal meaning, forms, and processes of alienation under
the Land Use Act of 1978, as well as the role of consent in validating land transactions.
The work further explores the peculiar challenges associated with alienation of family
land, especially under customary law, where the concurrence of the family head and
principal members is essential. Judicial interpretations are also considered,
highlighting the strict enforcement of statutory requirements such as the Governor’s
consent and the evolving equitable approach of the courts. It critically evaluates
judicial decisions on alienation of land, including the court’s strict interpretation of
statutory requirements and the gradual development of equitable principles aimed at
preventing injustice in genuine principles. The study evaluates the importance of legal
instruments such as deeds, certificate of occupancy, and registration processes in
perfecting tittle and ensuring certainty of ownership. It highlighted on the socioeconomic implications of ineffective land administration, including delays in obtaining
consent, corruption, multiple sales of land, and conflicts arising from the coexistence
of statutory and customary land tenure systems. Additionally, the study evaluates the
importance of legal instruments such as deeds in perfecting title and ensuring
enforceability of transactions. The paper concludes by identifying systemic challenges,
including bureaucratic inefficiencies, corruption, and conflicts arising from dual
tenure systems, and proposes reforms aimed at improving the efficiency, transparency,
and certainty of land alienation in Nigeria. It further advocates for the adoption of
digital land administration mechanisms and stronger institutional oversight to enhance
efficiency, reduce fraudulent transactions, and ensure certainty in land alienation
processes in Nigeria.