DUE DILIGENCE IN LAND TRANSACTIONS IN NIGERIA: LEGAL ISSUES, CHALLENGES, AND COMPARATIVE INSIGHTS

Abstract

Land remains one of the most valuable assets in Nigeria, yet disputes arising from defective transactions constitute a significant proportion of civil litigation. The recurring issues; ranging from defective titles and double sales to non-registration of conveyances underscore the absence of adequate due diligence in land acquisition. This paper interrogates the doctrine of due diligence as a preventive legal mechanism within Nigeria’s land law framework, examining statutory instruments such as the Land Use Act 1978, Land Registration Law, and Property and Conveyancing Law. Through doctrinal and comparative analysis, it evaluates how judicial authorities have interpreted ownership, registration, and equitable interests in land. Comparative insights are drawn from Ghana, Kenya, South Africa, and Canada, where structured registration systems and regulatory oversight have minimized fraud and enhanced transactional certainty. The paper argues that due diligence and registration are not mere procedural formalities but fundamental safeguards for property security, investor confidence, and sustainable economic development. It concludes by recommending digital transformation, institutional reform, and professional accountability to strengthen Nigeria’s property law regime and ensure certainty in land ownership.