By Bamidele kolawole
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The current Land Use Act was enacted as far back as 1978 and considering the changes in all facets of life that we have witnessed in recent times ranging from economic changes, scientific improvements to technological advancement it is apposite to review the Act to bring it at par with what is obtainable in the society.
The Land Use Act was enacted in 1978; it was this Act that vested the Lands in the various states in the Governor of the various states in the Federation. It is my humble view that since the society we leave in is dynamic and the law is equally dynamic, therefore, it behoves on us to review our laws so as to become suitable with the changes in our society.
Before the coming into existence of the Land Use Act (LUA) there was the insecurity of land in Nigeria, it was very difficult to prove ownership of land and also Government of the day was finding it extremely difficult to acquire land from the community or individual for public use, hence, this constitute an impediment in the development of infrastructural and economic growth of the country as at then.
This Act vests all land in each State of the Federation in the Governor of that State and requires that such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.
With this it is expected that since the Governor is only keeping the communal land in each state in trust for them, it is expected that he/ she cannot just allocate to himself/herself any land in the state except for public use.
Section 315 (5) of the 1999 Constitution of the Federal Republic of Nigeria gave awareness to the Land Use Act of 1978 and thus given it legal status it requires which implies that the Act is known to our law, hence, it cannot be repealed or altered. The Act is meant to give right of Occupancy to title owners, so that their titles to land can be secured.
The proposed Land Use Act is long overdue because of the economic and social growth that has led to different changes in our Land Tenure system.
The grazing route came to burning issue in the recent time and even though the President was in support of it but it was vehemently opposed by then Executive Governors, the Governors stood against this grazing route.
Therefore, I opine that the new enactment of the LUA will help to accommodate the changes in our polity especially in the acquisition of title to land. It will further make up for the lacuna created in the 1978 LUA.
The proposed Land Use Act is long overdue because of the economic and social growth that has led to different changes in our Land Tenure system.
The grazing route came to burning issue in the recent time and even though the President was in support of it but it was vehemently opposed by then Executive Governors, the Governors stood against this grazing route.
Therefore, I opine that the new enactment of the LUA will help to accommodate the changes in our polity especially in the acquisition of title to land. It will further make up for the lacuna created in the 1978 LUA.
Nevertheless, it is a good move from the FG. The Act is long overdue for amendment going by the reality of today and issues surrounding the acquisition of land in Nigeria particularly the problems with the land speculators. It is a laudable move.
The current Land Use Act was enacted as far back as 1978 and considering the changes in all facets of life that we have witnessed in recent times ranging from economic changes, scientific improvements to technological advancement it is apposite to review the Act to bring it at par with what is obtainable in the society.
The move for amendment is long overdue because it holds the key to economic development and people’s well-being. Availability and easy access to land encourage investment in all strata and it will create both wealth and jobs for the people.
Godwin Ityoachimin, Director, Lands and Housing at the Federal Ministry of Works and Housing, recently disclosed the government’s intention to review the Act and he said that the review had become necessary in order to address the friction between state and federal governments on land administration.
The friction, which is part of the unintended consequences of the Act, Ityoachimin noted, had impeded promises made to Nigerians in terms of infrastructure and housing provision.
While speaking at the 27th conference of Directors of lands in the Federal and State ministries held in Abuja with the theme, ‘The Land Use Act and Management Responsibilities of the Federating Units’ disclosed the need for amendment.
I am of the view that an amendment of the Act at this time is highly pivotal to the development of our local government, state and the federal as it would create an improvement towards the administration of land and its resources in the country but such review should involve all the stakeholders in the land and housing sector so as to pinpoint the grey areas that needs more improvement.
A review of the Act is the only way to solve the governor’s consent, certificate of occupancy and other land titles challenges that tend to be punitive on property developers and other investors requiring land to set up their businesses and unless this is critically addressed and reviewed the problem being faced by individuals, investors or property developers on land acquisition would be on the increase.
The attempt to amend the Land Use Act is overdue but laudable legislative reengineering to meet the reality of present day demand.
First of all, the Act should be amended to reflect the localised needs of each State of Nigeria to further reflect the federalist nature of our democracy. To this extent, the State should have the right superior to the right of government at the Center.
Secondly, everything that have to do with land: water, mineral resources, etc should be transferred and regulated by the new Land Use Act.
It is an aberration to say the Land belong to the State but things that add values to the States’ Land belong to the Federal Government. That arrangement does not represent true federalism.
Thirdly, the aspect of the present law relating to compensation should be redesigned.
Compensation must be sufficient, enough and adequate. In accessing adequate compensation, there should be an updateable scale put in place to value the land, considering the development state of the land in question in order to decide what is adequate compensation.
Again, land compulsorily acquired or by whatsoever reason should automatically revert to the original owner. The propose amendment should also make provisions to prohibit and punish land speculator, land grabbling and land hoarding.
The law should also make efforts to ensure that no land will remain undeveloped in city and town to ensure that development is even and uniform.
It is also our opinion that all land development laws and urban regulation related legislations are incorporated into the new Land Use Act.
“Whether it is in the Constitution or not, what is important is can we really get the kind of amendment we are clamouring for. It is only here in Nigeria that people make laws for their own selfish interests and when those who feel that such laws do not favour them come into power, they try to amend them. “
Any act that is good, should stand the test of time and should be in the interest of the general public,”whether the Land Use Act remains in the Constitution or not, what is important is that land should be easily accessible to those who are genuinely interested in investing in housing production.”
The Land Use Act, which came into effect on March 27, 1978, vests all land, comprised in the territory of each state (except land vested in the federal government or its agencies), solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state and to organisations for residential, agriculture, commercial and other purposes while similar powers will with respect to non-urban areas are conferred on local governments.
Section 1 of the Land Use Act of Laws of Federation of 1990, states that “subject to the provisions of this Act, all land comprised in the territory of each State in the Federation are hereby vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of this Act.”
“I think there is a lot that needs to be done for consultation with state and local governments because land belongs to them at that level. Until there is a buy-in from states, the land reform will be a difficult thing to do.”
The Land Use Act is in the Constitution and if you have to reform the land use in Nigeria, you have to carry out a constitutional amendment to that effect.
Making it illegal for indigenes to allocate land without prior government’s approval as only the Governor of each state has the power to allocate urban lands, and the local area councils have the power to allocate rural lands.
Prior to the promulgation of land use Act, Land is completely owned by individuals, families and communities with the head who hold the land in trust for the use of the entire people.
But the advancement of land use Act of 1978 altered the existing land tenure and vested all lands in the government.
