THE LAND USE ACT, 1978 AND ITS CONTROVERSIES IN NIGERIA

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 re-evaluate
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.