11292020 NIGERIAN LAND USE ACT IMPORT AND CHALLENGES

11/29/2020 NIGERIAN LAND USE ACT: IMPORT AND CHALLENGES BY PROF. WAHAB EGBEWOLE 16 TH JUNE, 2014. DELIVERED AT NIGERIAN ARMY SCHOOL OF EDUCATION, SOBI, ILORIN EABDULWAHAB@YAHOO. CO. UK 07031084046 1

11/29/2020 OUTLINE • • • INTRODUCTION EVOLUTION OF LAND OWNERSHIP IN NIGERIA LAND USE ACT IN NIGERIA OPERATIONS OF LAND USE ACT IN NIGERIA CHALLENGES OF THE LAND USE ACT CONCLUSION 2

11/29/2020 INTRODUCTION • • Land as a common heritage Centrality of land to humanity African concept of land ownership Land as a function of wealth and well being in Nigeria The doctrine of quid plantatur solo cedit The commonwealth of family and personification of the family head control The struggle for control and the bitter contest 3 over land in Nigeria

11/29/2020 EVOLUTION OF LAND OWNERSHIP IN NIGERIA • • • Customary land tenure as the basis and operation of ownership of land Native Land Rights Ordinance in the North Land Tenure Law of 1962 -North English Conveyancing Act for the South Military and unitarization of land in Nigeria Land Use Act to the rescue? 4

11/29/2020 LAND USE ACT • • Why Land Use Act? Ownership of land criticized on 3 main planks- i) No security of title ii) Difficulty of acquiring land for private and public use and iii) Cost of obtaining land for public use prohibitive 11 member Panel set up by the Federal Military Government to: i) Study various land tenure, use and conservation practices in Nigeria ii) Implication of uniform land policy for Nigeria and examine its feasibility iii) Examine future needs of government –See Omotola, J. A. Essays on the Land Use Act, 1997 5

11/29/2020 LAND USE ACT (CONTD) • • Objectives of the Act are: To remove bitter controversies associated with land ownership; Streamline ownership and management of land in Nigeria; Simplification of process of acquisition of rights to land in Nigeria; Government to bring land use and management under control. Key Provisions of the Act includes: All lands in Nigeria vested in the Governor Urban and rural dichotomy Statutory Right of Occupancy and Customary Right of Occupancy 6

11/29/2020 LAND USE ACT (CONTD) • • • No transfer of title by way of assignment, mortgage, pledge or gift without Governor’s consent Power to revoke for public interest Payment of compensation in case of acquisition or on revocation Nigerians left with only equitable rights Governor’s power to control only? Concept of federalism at play The position of FCT 7

11/29/2020 OPERATIONS OF THE LAND USE ACT IN NIGERIA • • Constitutional clothing of Land Use Act and its controversy of amendment Imposition of the Act underscored by the Supreme Court in Abioye V. Yakubu (2000) NLLC 18 Expropriation controversy- The Governor as concurrent holder of occupancy and the argument that the Governor to be in a position to use the land must revoke and must be for overriding public interest. Land speculation minimized 8

11/29/2020 CHALLENGES OF THE LAND USE ACT • • Fraud and corruption in land administration Disruption of existing traditional land ownership Public interest equating private and selfish interest Creating a new group of land speculators Cost of land beyond the reach of average Nigerian Governor’s consent and challenge of bureaucracy Economic development hampered Attitude and the discharge of statutory duty in a 9

11/29/2020 CHALLENGES OF LAND USE ACT (CONTD) • • • Land Reform as epitomized by the LUA done without recourse to the existing regime Fundamental right to property rubbished No buy-in for citizens 10

11/29/2020 CONCLUSION • • Its time for a review of the LUA Rethink the constitutional toga Democratization of land ownership within federalism Process of acquisition to be simplified Public interest to be properly defined Advocacy on land speculation Good governance and extermination of corrupt tendencies on the part of leaders 11

11/29/2020 THANKS FOR LISTENING 12