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

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

ABSTRACT

From time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of man and his development. It is a source of wealth to those who have it and the mother of all properties. In other words, virtually all the basic needs of human existence are land dependent. In view of the importance and usefulness of land to man and his development as well as the development of his society, every person generally desires to acquire and own a portion of land to achieve the various ends for which the land is meant. Therefore, to make land in Nigeria available to all and to ensure that land is acquired and put to a proper use for the needed development, governments during and after colonial period enacted laws to govern the use or administration of land in Nigeria. Before the arrival of the colonial masters, there were customary laws which governed the administration of land in Nigeria. These customary laws varied from one locality to another because of the differences in customs of the people. This accounted for the multiplicity of land laws in Nigeria prior to the promulgation of the Land Use Act of 1978. These laws were applied in each region to regulate land in the region. Notwithstanding the existence of laws regulating land, the problems of land tenure and land administration persisted both in the Northern and Southern Nigeria. There were new problems such as land racketeering and speculations. Exorbitant compensations were demanded by landowners whenever the government acquired land for development. Thus, acquisition of land by government or individuals was becoming almost impossible in Nigeria. In fact, one of the major factors that was said to be a stumbling block against efficient implementation of the Second Development Plan 1975-1980, was lack of land for development project. To break this barrier and monopolies of landlords, the Federal Military Government set up some panels to consider how best to solve the problems, associated with land tenure and administration in Nigeria. The report of one of these panels i.e., the Land Use Panel of 1977 eventually formed the basis of the Land Use Act No. 6 of 1978. The purpose of this essay therefore, is to critically examine the Land Use Act of 1978 to see the extent to which it has enhanced the administration of land in Nigeria. In this connection, reforms and innovations introduced by the Act to improve the administration of land are critically examined. Bearing in mind that every being has its scar, the Act is not without shortcomings. In this regard, this study further beams its search lights in figuring out the inherent problems of the Act. Finally, this work makes recommendations on how to improve the Act in view of the recent proposal by Government to review the Act.

CHAPTER ONE

GENERAL INTRODUCTION

1.1.0 BACKGROUND TO 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. 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 which governed land tenure systems in Nigeria before, during and after the advent of the 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 compensation3 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 19774 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 Act2, 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 prospects of the Act.

1.2.0 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: Firstly, to assess the effectiveness or otherwise of the management of land under the Land Use Act6. Secondly, to make useful recommendations on how to improve upon the Act, particularly its provisions that seems most unclear and controversial. Thirdly, to make substantial contributions to our knowledge of land law in general and the Land Use Act in particular.

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

Department: Law
Format: Microsoft Word

Chapters: 1 - 5, Preliminary Pages, Abstract,  Bibliography.
Delivery: Email

No. of Pages: 109

Price: 3000 NGN

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