THE LAND USE ACT OF 1978: APPRAISAL, PROBLEMS AND PROSPECTS

CHAPTER ONE

INTRODUCTION

BACKGROUND OF THE STUDY: The importance of land to man on earth through all ages can hardly be overemphasized. Land, though represents only about two-fifth of the earth’s surface, it provides a platform on which man’s activities are predicated. It is however ironical that while the world population increases, the land in supply appears to be receding. Hence land is never thought to be sufficiently available to meet the need of man in a society(Chikare,2014). The ownership of land is jealously guarded against. Wars are fought, territories conquered to assert and preserve the ownership of land. The rift between Nigeria and Cameroon over Bakassi Peninsula, wars between Ife and Modakeke and that between Erinle and Offa attest to the above claim. For few available land to be equitably administered among the people and be maximally utilized there is need for a good land policy to be put in place for effective control and management of land in order to witness the desired development in the society. Prior to 29th March, 19781 when the Land Use Act was enacted, there were land laws Chikare,2014 which governed land tenure systems in Nigeria before, during and after the advent of the

1 The Land Use Act No. 6 March 29, Cap L5. LFN 2004

2 These pre-existing land laws include-customary, received English land laws and the Land Tenure Law colonial masters.

These laws continued to be in operation until they were found to be defective because despite their existence, the problems of land tenure persisted in Nigeria. One the most serious of these problems was the difficulty in acquiring land by the government in major urban centres for national development because of land speculations, racketeering and high cost of compensation

3 usually demanded by the land owners whenever government acquired land to execute its projects. Against this background, the Federal Government in a deliberate effort to unify land tenure, streamline and simplify ownership of land in Nigeria, set up the Land Use Panel in 1977 4 with certain terms of reference. The recommendations of this panel were particularly related to the land tenure system in the Southern States. The recommendations were studied and adopted by government which promulgated the Land Use Act, 19785. This study is carried out against the background of the Land Use Act to evaluate it in the light of its laudable objectives to see whether land is better managed and controlled under the Act. It also points out the inherent problems of the Act which range from interpretation to practical implementation of its provisions. This essay also considers the The Public Land (Miscellaneous) Decree, 1976 which provided for the amount of compensation throughout the whole country. But it has been repealed by the Land Use Act 1978

4 The Land Use Panel set up on the 16th April 1977 headed by Justice Chike Idigbo 5 Ibid 3 prospects of the Act.

1.2 STATEMENT OF THE PROBLEM

While land is the primary asset of the rural poor, the LUA has reportedly failed to meet its objectives and is said to have caused many distortions to the land rights and access to land of Nigerians. Omotola,1985 The resulting tenure insecurity impacts negatively on the productivity of the land. The poor, marginalized and vulnerable groups of the rural areas in Nigeria are most affected by tenure insecurity. They rely mainly on land as a means of livelihood and hence must have secure tenure free from the fear of being evicted or of their land being encroached upon. In a recent land dispute between Itaji-Ekiti and Ayede-Ekiti, three people were killed.Omotola,1985 This conflict was caused by trespassing and the breach of an existing court judgement by the Ayede-Ekiti. This would not have happened if their land rights had been recognized, recorded and respected. The residents of Itaji Ekiti are facing tenure insecurity as a result of land conflicts. Considering the triple indicators of tenure security Omotola, 1985. legitimacy, legality and certainty – it appears that there is uncertainty in land rights.(Omotola, 1985) This research draws a distinction between the failure of the state to provide legislation that secures customary land tenure (de jure security), and customary laws and practices that provide de facto tenure security.

1.3 OBJECTIVE OF THE STUDY

The importance of land to man, its immense contributions to national development and the yearning for efficacious land legislation has led to a careful and deliberate choice of this topic with the following objectives in view:

1. To assess the effectiveness or otherwise of the management of land under the Land Use Act6.

2. To make useful recommendations on how to improve upon the Act, particularly its provisions that seem most unclear and controversial.

3. To make substantial contributions to our knowledge of land law in general and the Land Use Act in particular.

1.4 FOCUS OF THE STUDY

The study particularly appraises the Land Use Act of 1978, concentrating on its problems and prospects. Therefore, a holistic study of this Act is done.

1.5 SCOPE OF THE STUDY

The enormity of the subject matter has led to the selection of some aspects of our land laws in Nigeria. In general, reference is made to virtually all our land and property laws which were in existence before the enactment of the Act in 1978. However, particular  attention is given to the Land Use Act, 1978.

1.6 METHODOLOGY

The study is more analytical than descriptive. An analysis of the evaluation of the problems of the Act are embarked upon in order to achieve the objectives of this study. The information relied on for these works are sourced from primary and secondary sources. In this connection, the Land Use Act No. 6 of 1978, Land Tenure Law of 1962, Public Land Acquisition Act10, the Nigerian Constitutions11 among others serve as major primary source. The secondary source include-materials on the internet, books, essays, journals and articles published on the subject matter together with the opinions of the courts in judicial decisions. Information is also sourced from the libraries of other institutions like the University Of Ibadan, Nigeria Institute of Advanced Legal Studies, University of Lagos. Many law chambers were also visited to gather information through personal interaction with Lawyers in those chambers.

1.7 ORGANIZATION OF THE STUDY

To achieve the purpose of this research. The study is divided into five inter-connected chapters, ranging from chapter one to five.

In this chapter one the researcher has been able to give an introduction to the work, state the problem that necessitate this study, outline the questions this work seek to answer as well as the objectives it hopes to achieve. The scope and limitations of this study were outlined as well as the methodology that was used for the study.

Chapter two deals with Land Use Act Of 1978, Objectives Of The Land Use Act, Achieving The Objectives Of The Act etc. Chapter three discuss the Impact Of The Land Use Act On Economic Development In Nigeria,Land Use Act And The Place Of The Customary Ownership Of Land, The Nationalization School Of Thought etc. Chapter four delves into the land use a ct and tenure security, the aspect of land administration system etc. while chapter five deals with the summary, recommendations and conclusion