Navigating Nigeria’s Land Use Act: Features, Implications, and Controversies

Understanding Nigeria’s Land Use Act is vital for both current and potential landowners. However, navigating this legislation can be challenging due to issues such as land grabbers, scams, and the need for various professionals. In this article, we’ll delve into the Land Use Act, covering its definition, features, implications, controversies, advantages, and drawbacks.

Unraveling the Land Use Act in Nigeria

What is the Land Use Act?

The Land Use Act, previously known as the Land Use Decree, was established on March 29, 1978, attributing credit to former President Olusegun Obasanjo for its integration into Nigeria’s constitution during a military regime. According to Chapter 202 of the Laws of the Federation of Nigeria 1990, the Act vests land in each state solely in the governor’s trust, for allocation and management, excluding land under federal government control.

Key Features of the Land Use Act

The Act aimed to reform land tenure systems, foster economic and social progress, tackle uncontrolled speculation in urban land, ensure equal access to land rights, and address issues arising from rural land fragmentation.

Implications of the Land Use Act

Ownership rights are a primary concern under the Act. Without a Certificate of Occupancy (C of O), land ownership is considered a lease. The Act grants the governor powers to allocate land for various purposes in urban and rural areas, thereby altering existing land laws.

Controversies Surrounding the Land Use Act

The Act has been contentious in the real estate industry, with calls for comprehensive review and removal from the constitution to enable realistic amendments. Previous attempts to amend it faced hurdles due to constitutional requirements, leading to ongoing challenges in land acquisition and rising costs.

Advantages and Disadvantages of the Land Use Act

Advantages:

• Facilitation of land allocation based on need and optimal use.
• Prevention of speculative land hoarding.
• Reduction in boundary disputes and court cases.
• Provision of land for agricultural purposes.

Disadvantages:

• Challenges with land acquisition due to bureaucratic processes.
• Abuse of power by some governors.
• Delay in land acquisition for development due to governmental approvals.
• Discrepancies between titled and untitled land values affecting wealth and opportunities.

Addressing the Challenges

There’s a call for a Land Adjudication Act to rectify issues like systematic titling and abuse of office. Streamlining the land acquisition process and ensuring fairness and ease of compliance for all parties involved is crucial for effective implementation.

In conclusion, for effective land governance and sustainable real estate development, it’s crucial to reassess the Land Use Act, addressing the concerns highlighted by stakeholders in the industry.

By critically evaluating and amending the Act, the government can foster fair and efficient land management, benefiting both individual landowners and the broader Nigerian community.