CUSTOMARY TENANCY AND THE LAND USE ACT; A COMPLEX RELATIONSHIP

Abstract

This paper critically examined the complex relationship between Customary Tenancy and the Land Use Act in Nigeria. Customary tenancy, a landholding system indigenous to Nigeria, is based on communal ownership, where land is held by families or communities and allocated for individual use under the authority of traditional leaders. Despite the revolutionary intentions of the Land Use Act of 1978, which vested all land in state governors to manage in trust for citizens, customary land tenure remains legally recognized.  Using the doctrinal analysis and review of relevant case law, the study explores how the Act's centralization of land ownership under state governors has altered traditional landholding practices and created significant issues in legal? interpretation and implementation. Findings reveal that while the Act intended to simplify land management and ensure equitable access, it has instead contributed to tenure insecurity, undermined customary rights, and converted freehold interests into leasehold, thereby diminishing ownership autonomy. In conclusion, despite the statutory recognition of customary tenancy in several provisions of the Act, the conflicting coexistence of customary and statutory systems continues to generate legal uncertainty and socio-economic challenges, particularly in rural communities.This paper further argues for legislative reforms that explicitly recognize customary rights, the development of parallel land registration systems, increased public awareness, judicial flexibility, and strengthened alternative dispute resolution mechanisms. These recommendations seek to harmonize statutory and customary systems, ensuring inclusive, fair, and sustainable land governance in Nigeria.