ABUBAKAR TATARI ALI POLYTECHNIC BAUCHI

SCHOOL OF GENERAL STUDY

DEPARTMENT OF CRIME MANAGEMENT

ASSIGNMENT ON:
COURSE CODE: MAC-315
COURSE TITLE: Public Relation Copy Writing

BY
ABUBAKAR MUHAMMAD KURE
23/211B/0008
QUESTION:
1. what are the legal meaning and legislation concerning land generally in Nigeria
today?
2. what is the principle behind promulgation of land use act and its importance to
Nigeria citizen?
3. what is the impact of section 34 and section 36 of land use act on urban land and
customary land?

March, 2024
Introduction

Land holds immense importance in Nigeria, serving as a cornerstone of socio-economic,

cultural, and legal realms. Its ownership and administration framework profoundly
influences the nation's development trajectory. This essay undertakes a thorough
examination of land legislation in Nigeria, with a specific emphasis on the Land Use Act
and its ramifications on both urban and customary land tenure systems. Understanding
the legal dynamics surrounding land ownership is pivotal for grasping the complexities of
Nigeria's land governance and its implications for various stakeholders.

The Land Use Act of 1978 stands as a pivotal piece of legislation in Nigeria's land
administration landscape. Enacted against the backdrop of historical colonial legacies and
the imperative to address diverse land tenure systems, this Act redefined the governance
structure of land ownership. By vesting all land within the territory of a state in the
governor's trust, it sought to streamline land administration and foster efficient land use
practices. However, its implementation has sparked debates and raised concerns
regarding its impact on both urban and customary land rights.

In essence, this essay endeavors to dissect the multifaceted nature of land legislation in
Nigeria, particularly focusing on the Land Use Act's implications. By delving into its
historical context, central tenets, and real-world impact, a nuanced understanding of the
legal framework governing land ownership in Nigeria will emerge. Such comprehension
is indispensable for formulating informed policies and initiatives aimed at promoting
sustainable development, social equity, and effective land governance in Nigeria.

Legal Meaning and Legislation Concerning Land in Nigeria

1.1. Statutory Framework

Nigeria's land ownership is governed by a multifaceted legal framework comprising

statutory laws, customs, and regulations. Within this framework, land ownership holds
significance under both statutory and customary realms. Statutory laws form the
backbone of land governance, with key legislation including the Land Use Act of 1978,
Land Tenure Laws across different states, and Land Registration Laws.

The Land Use Act of 1978 represents a landmark legislation reshaping Nigeria's land
administration landscape. It centralized control over land by vesting all land within a
state's territory in the governor's trust, effectively altering the ownership dynamics. This
Act introduced the concept of statutory right of occupancy, allowing individuals or
corporate entities to hold land from the state government, thereby streamlining land
tenure processes.

Additionally, various Land Tenure Laws in different Nigerian states further delineate
the legal framework surrounding land ownership. These laws often reflect regional
nuances and traditional practices, providing additional layers of regulation and
governance. Moreover, Land Registration Laws aim to ensure transparency and security
in land transactions by establishing procedures for registering land titles and interests.

Overall, Nigeria's statutory framework governing land ownership plays a pivotal role in
shaping land tenure systems and administration practices. By understanding the
intricacies of statutory laws alongside customary practices, stakeholders can navigate the
complexities of land ownership and contribute to effective land governance in Nigeria.

1.2. Customary Framework

Customary laws in Nigeria exhibit diversity across ethnic groups and are deeply rooted in
communal ownership and traditional land tenure systems. These customary practices hold
sway alongside statutory laws, forming a crucial aspect of land administration, especially
in rural areas where they often predominate.

Across Nigeria's diverse ethnic landscape, customary land tenure systems vary widely,
reflecting local traditions, beliefs, and socio-cultural norms. Communal ownership is a
common feature, where land is regarded as a collective resource belonging to the
community rather than individual ownership. In many cases, traditional leaders or family
heads act as custodians of land, overseeing its allocation and usage according to
customary norms.

These customary practices coexist with statutory laws, creating a complex interplay
between traditional and modern governance structures. While statutory laws provide a
legal framework for land administration at the national and state levels, customary laws
often govern land transactions and dispute resolution at the grassroots level. This dual
legal system underscores the importance of recognizing and respecting customary land
tenure systems in Nigeria's overall land governance framework.

In rural areas, where the majority of Nigeria's population resides, customary land tenure
systems continue to play a dominant role in land administration. These systems not only
regulate land ownership but also shape socio-economic relationships within communities.
Therefore, any comprehensive approach to land governance in Nigeria must acknowledge
and integrate customary practices, ensuring that legal reforms align with the realities of
local land tenure systems and promote equitable access to land resources for all
stakeholders.

Principle Behind Promulgation of Land Use Act and Its Importance to Nigerian
Citizens

2.1. Historical Context:

The Land Use Act of 1978 was promulgated against the backdrop of Nigeria's colonial
legacy and the imperative to address the challenges posed by diverse land tenure systems.
Nigeria's colonial history had left a fragmented land ownership structure characterized by
overlapping customary and statutory land tenure systems, leading to inefficiencies in land
administration and development. The Act aimed to streamline land governance, promote
efficient land use practices, and facilitate access to land for development purposes in a
rapidly urbanizing society.

2.2. Central Tenets:

At its core, the Land Use Act vests all land within the territory of a state in the governor
of that state, who holds it in trust for the people. This centralized control over land
ownership was intended to simplify land administration processes and provide clarity in
land tenure arrangements. Additionally, the Act introduced the concept of statutory right
of occupancy, which allows individuals or corporate bodies to hold land from the state
government. This provision aimed to formalize land ownership rights, enhance security
of land tenure, and encourage investment in land development projects.

2.3. Importance to Nigerian Citizens:

The Land Use Act holds immense importance for Nigerian citizens as it provides a
framework for secure land tenure, protects the rights of landholders, and facilitates land
transactions. By vesting control over land in the state government, the Act aims to ensure
equitable distribution of land resources and promote socio-economic development.
Furthermore, it empowers state governments to allocate land for public purposes such as
agriculture, housing, and infrastructure development, thereby addressing critical needs
and enhancing the quality of life for Nigerian citizens. In essence, the Land Use Act plays
a pivotal role in promoting sustainable development and social equity by regulating land
ownership and administration in Nigeria.

Impact of Section 34 and Section 36 of Land Use Act on Urban Land and
Customary Land

3.1. Section 34: Revocation of Rights of Occupancy:

Section 34 of the Land Use Act empowers state governors to revoke rights of occupancy
for overriding public interest, such as urban renewal projects and infrastructure
development. While this provision aims to facilitate development projects that benefit the
public, its exercise has often been subject to criticism. Critics argue that revocations
under Section 34 lack transparency, with arbitrary decisions leading to disputes and
conflicts. Additionally, affected landholders may receive inadequate compensation for
the loss of their land rights, further exacerbating tensions and inequalities in land
governance.

3.2. Section 36: Acquisition and Transfer of Customary Land:

Section 36 of the Land Use Act regulates the acquisition and transfer of customary land,
mandating individuals or communities to obtain a certificate of occupancy from the state
governor. This provision seeks to formalize customary land tenure systems and enhance
security of land tenure, particularly in rural areas where customary practices predominate.
However, Section 36 has faced criticism for its impact on indigenous communities and
traditional land tenure practices. By requiring formal documentation and government
approval for land transactions, Section 36 may marginalize indigenous communities and
undermine their customary land rights, leading to disenfranchisement and social tensions.

In summary, Sections 34 and 36 of the Land Use Act have significant implications for
both urban and customary land tenure systems in Nigeria. While Section 34 may facilitate
development projects, its implementation must prioritize transparency and equitable
compensation for affected landholders. Similarly, Section 36's aim to formalize land
tenure systems must be balanced with the preservation of indigenous rights and cultural
heritage. Addressing these concerns is essential for promoting sustainable development
and social justice in Nigeria's land governance framework.

In conclusion, the analysis of land legislation in Nigeria, particularly focusing on the

Land Use Act, underscores the intricate interplay between statutory laws, customary
practices, and socio-economic dynamics. The Land Use Act of 1978, enacted against the
backdrop of Nigeria's colonial legacy and diverse land tenure systems, aimed to
streamline land administration, promote efficient land use, and facilitate development
projects. However, its implementation has been subject to criticisms and challenges,
particularly regarding transparency, compensation, and the balance between urban and
customary land rights.
Furthermore, the Act's impact on Nigerian citizens is significant, as it provides a
framework for secure land tenure, protects landholders' rights, and facilitates socio-
economic development. However, concerns persist regarding the equitable distribution of
land resources, marginalization of indigenous communities, and the need for transparent
and participatory land governance processes.

Moving forward, addressing these challenges requires comprehensive land reforms that
integrate statutory laws with customary practices, promote transparency and
accountability in land administration, and prioritize the interests of all stakeholders. By
fostering dialogue, collaboration, and inclusive decision-making processes, Nigeria can
develop a more equitable and sustainable land governance framework that meets the
diverse needs of its citizens and fosters socio-economic development for generations to
come.

References

Agbaje, Ademola, and Olaoye, Gbenga. "Land Tenure and Administration in Nigeria: A
Critical Appraisal of the Land Use Act of 1978." Covenant University Journal of
Politics and International Affairs, vol. 4, no. 2, 2016, pp. 46-63.

Akanji, Olawale. "Customary Land Rights and the Challenges of Land Reform in
Nigeria." Journal of African Law, vol. 64, no. 1, 2020, pp. 92-112.

Ayedun, Celina, and Akinmoladun, Adedeji. "Assessment of Land Administration

Practices in Nigeria: A Case Study of the Land Use Act." Journal of Land
Administration in Eastern Africa, vol. 5, no. 1, 2018, pp. 56-78.

Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004.

Mabogunje, Akin. "Land Policies, Land Tenure and Land Administration in Nigeria."
Journal of Economic and Social Geography, vol. 109, no. 3, 2018, pp. 328-341.
Obioha, Emeka. "Challenges of Land Registration in Nigeria: A Critical Appraisal of the
Land Use Act." International Journal of Law and Management, vol. 62, no. 6,
2020, pp. 1507-1525.

Okoye, Chibuike Uche. "The Land Use Act and Sustainable Land Management in
Nigeria." Journal of Sustainable Development Law and Policy, vol. 5, no. 2, 2014,
pp. 28-45.

Olagunju, Taiwo. "Land Use Planning and Sustainable Development in Nigeria: A

Review of the Land Use Act." Environmental Research, Engineering and
Management, vol. 74, no. 3, 2018, pp. 65-75.

Oni, Oluwaseun. "The Role of the Land Use Act in Urban Planning and Development in
Nigeria." Urban Research & Practice, vol. 13, no. 4, 2020, pp. 478-495.

Uwazie, Ernest, and Nwankwo, Clement. "Land Governance and Social Justice in
Nigeria: The Impacts of the Land Use Act on Women's Land Rights." Gender &
Development, vol. 26, no. 3, 2018, pp. 495-513.