Author(s): CHINEDU A. ONAH & M.V.C. OZIOKO | Volume 18 (2)April, 2023

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Abstract

Land occupies a central position in economic development in developing countries. This stems from the fact that most of the developmental projects executed by the government, individuals or corporate bodies are done on land. It is based on the foregoing reasons that the Constitution has guaranteed the rights of all Nigerians to lands. The Land Use Act also introduced the right of occupancy system and empowers persons to alienate same subject to Governor‟s consent. However, by virtue of section 36(5) of the Act, the Act places an absolute restriction on the alienation of land subject to deemed customary grant. In the light of the fact that the current trend on agricultural development and indeed any other kind of development requires the acquisition of land, this work undertakes a critical examination of the non-alienation policy under the Land Use Act with a view to ascertaining whether it serves or can serve its purpose. It was found that the non-alienation policy will, if implemented to the letters, form a clog in the wheel of development in land use and administration. In response, the work recommends that the provisions of the Act relating to the non-alienation policy be expunged so as to bring deemed customary rights of occupancy under the general scheme of the Act.