UNDERSTANDING THE LAND USE ACT IN NIGERIA: RIGHTS, OWNERSHIP, AND DISPUTES.

Nigeria, a country with diverse cultures and a rapidly growing population, has a unique and often complex relationship with land. At the heart of this complexity lies the Land Use Act of 1978, a pivotal piece of legislation that dramatically reshaped land ownership and administration across the nation. For anyone looking to acquire land, develop property, or resolve land-related issues in Nigeria, a fundamental understanding of this Act is not just helpful—it's essential.

Before 1978, land ownership in Nigeria was largely governed by customary laws and, in some areas, by English common law principles. This led to a fragmented system with varying practices, often resulting in disputes, uncertainties, and difficulties in large-scale development. The military government of the time sought to address these challenges with the promulgation of the Land Use Act.

The Core Principle: Land Vested in the State

Perhaps the most significant and often debated aspect of the Land Use Act is its declaration that all land in Nigeria is vested in the Governor of each state to be held in trust and administered for the use and common benefit of all Nigerians. This effectively abolished the concept of absolute private ownership of land, replacing it with a system of usufructuary rights, primarily through Rights of Occupancy.

What are Rights of Occupancy?

The Act introduces two main types of Rights of Occupancy:

Statutory Right of Occupancy: Granted by the Governor of a state (or the Minister of the Federal Capital Territory) for urban areas. This is the most common form of title for developed or developable land in cities.
Customary Right of Occupancy: Granted by the Local Government in non-urban (rural) areas. This recognises existing customary land tenure systems while bringing them under the purview of the Act.

These rights essentially grant individuals or entities the right to use and occupy land for a specified period (often 99 years for Statutory Rights of Occupancy), subject to certain conditions and the payment of ground rent.

Key Provisions and Their Implications

Understanding the following key provisions of the Act is crucial:

Uniformity: The Act aimed to create a uniform system of land administration across the country, reducing the complexities arising from diverse customary laws.
Access to Land for Development: By vesting land in the state, the Act theoretically made it easier for governments to acquire land for public purposes and for individuals and corporations to obtain land for agricultural, industrial, or residential development.
Compulsory Acquisition and Compensation: The Act empowers the Governor to revoke a Right of Occupancy for "overriding public interest." In such cases, the holder is entitled to compensation, though primarily for improvements on the land rather than the land itself. This aspect often leads to contention and disputes.
Restrictions on Alienation: A significant restriction under the Act is that a Right of Occupancy cannot be alienated (sold, mortgaged, transferred, or sub-leased) without the consent of the Governor. This provision is often a bottleneck in transactions and a source of frustration for landholders.
Ground Rent: Holders of Rights of Occupancy are required to pay ground rent to the government, which can be revised periodically.

Rights of Land Holders Under the Act

Despite the vesting of land in the state, individuals and entities holding a Right of Occupancy still possess significant rights:

Right to Exclusive Possession: Subject to the terms of the Right of Occupancy and the Act, the holder has the right to exclusive possession of the land.
Right to Develop: Holders can develop the land according to the approved use and zoning regulations.
Right to Alienate (with consent): While requiring consent, the ability to transfer, mortgage, or lease the Right of Occupancy is a crucial right that facilitates economic activity.
Right to Compensation: In the event of compulsory acquisition, the holder has a right to fair compensation for unexhausted improvements on the land.

Common Disputes and Challenges

The implementation of the Land Use Act has not been without its challenges, leading to various types of disputes:

Boundary Disputes: Despite the Act, issues of unclear boundaries and encroachment remain prevalent, particularly in areas with rapidly expanding urban centres.
Family and Communal Land Disputes: The Act’s impact on traditional family and communal land ownership, especially in rural areas, has often led to conflicts over inheritance, sales by unauthorised family members, and traditional boundaries.
Disputes Arising from Governor's Consent: Delays, refusal, or the high cost associated with obtaining the Governor's consent for land transactions are major sources of frustration and disputes, sometimes leading to illegal transactions.
Compensation Issues: Disputes over the adequacy and promptness of compensation for compulsory acquisitions are frequent, with landholders often feeling short-changed.
Double Allocation: Instances where the same piece of land is allocated to multiple parties by different authorities or individuals can lead to protracted legal battles.
"Omo-Onile" (Land Thug) Issues: In some regions, especially in the South West, the activities of "omo-onile" who demand levies and fees for land not legally belonging to them, contribute significantly to land disputes and insecurity.

Navigating the Land Landscape: Tips for Prospective Landowners

Given the complexities, prospective landowners in Nigeria should:

Conduct Thorough Due Diligence: Always verify the authenticity of land titles, conduct physical inspections of the land, and ascertain the rightful owner.
Engage Legal Professionals: Seek the advice of experienced land lawyers to guide you through the process, from verifying titles to obtaining the Governor's consent.
Understand the Importance of Governor's Consent: This is not just a formality; it legitimises your transaction in the eyes of the law and protects your interest.
Be Aware of Local Customs: While the Land Use Act provides a framework, local customs and practices still play a role, especially in rural areas.
Prioritise Proper Documentation: Ensure all land transactions are properly documented, registered, and witnessed.

Conclusion

The Land Use Act of 1978 remains a cornerstone of land administration in Nigeria. While it aimed to streamline land ownership and facilitate development, its implementation has presented both opportunities and challenges. Understanding its core principles, the rights it confers, and the common pitfalls associated with land transactions in Nigeria is paramount for anyone navigating this crucial sector. By approaching land acquisition with diligence, legal counsel, and an awareness of the Act's provisions, individuals and businesses can better secure their interests and contribute to the nation's ongoing development.

Clementina E. Ukiri, Esq.

07057269862