What is the Land Use Act?
Prior to the introduction of the Land Use Act in Nigeria was the traditional land tenure systems where land was primarily controlled by traditional rulers, the locals and families, leading to disputes and unequal access. Land was also hardly available for the government and development projects as the government had limited power on land matters.
Since the land tenure systems were traditional, different ethnic groups administered land differently. Certain powerful individuals engaged in large scale land speculation, making them super rich at the expense of others, etc.
Thus, the Land Use Act was enacted in March 29, 1978 during the military rule of General Olusegun Obasanjo to address the chaotic state of traditional land tenure systems.
In consequence to the Act, all land within each state’s territory was vested in the State Governor (except for land owned by the Federal government, its agencies, or local governments). This implies that the Governor holds land in trust for the people and is primarily responsible for allocating land in urban areas to individuals living in the state, or corporate bodies, irrespective of its use.
Thus, the government became the ultimate owner of land in the state. Individuals or organizations can only get the right to use the land, they can’t own it outright or in absolute terms.
Therefore, the primary goal of the Land Use Act is to ensure equitable access to land (land ownership and transfer – land allocation), promote orderly development (land use), prevent land speculation and hoarding (land control), and provide for adequate compensation if the land is re-acquired by the government.
Land Use Act 1978 versus Land Use Act 2004
Although the Land Use Act 1978 marked a significant shift in land administration, transferring control from private individuals and traditional rulers to the state government. And simplified land administration, making land accessible to all Nigerians. It faced several challenges and ambiguities, leading to the introduction of the Land Use Act 2004.
The 2004 version consolidated and clarified certain aspects of the original Act, although it did not make major changes to the fundamental principles. The aim was to address operational issues and unify and streamline the process of land administration.
Now let’s get to the key aspect of the Act – its implication on land use and ownership in Nigeria.
Implications of Land Use Act on Land Use and Ownership In Nigeria
The Land Use Act has several implications that affect land use, ownership, administration, and development in Nigeria. Here are the key implications:
Centralized Land Control: In trust for his people, the Act confers all lands in each state on its governor to simplify the process of implementing land-related policies.
No Outright Ownership: Since the governor is now the ultimate landowner, individuals or organizations can only get the right to use them, they can’t own absolute right or ownership. That’s why the governor gives them the Certificate of Occupancy (C of O) which indicates that the government leased the land to them for a period of 99 years.
Need for Governor’s Consent: For the purpose of record keeping and land administration, the Act requires anyone who wants to acquire or own land to get the governor’s consent. Once approved, the government records it in a centralized data system where it can be verified in future to wade off fraud and land grabbers.
Ease of Verification: Since the government now has a record of everyone who has legal possession of land in the state, prospective buyers can now easily verify the true owners of the land they intend to buy.
Enhanced Security for Landowners: The giving of Certificate of Occupancy (C of O) as the primary proof of land use rights to confirm legal possession offers security for landholders.
Legal clarity: Should a dispute arise on a property, the person that has legal possession of the property (C of O) will win the case.
Government Acquisition: Henceforth, if the government needs a property that has a legal possessor, it will pay full compensation that reflects the present and fair value of the property.
Objectives of Land Use Act
The objectives of the Land Use Act are crucial for understanding its impact and purpose. These objectives aim to create a fair, efficient, and sustainable land administrative system in Nigeria.
Equitable Access to Land: The Act eliminated tribal bias and gave every Nigerian equal access to land for personal and commercial use. Thus, reducing unequal access and fostering inclusive growth across the country.
Uniformity in Land Administration: Instead of applying the traditional land tenure systems which varied widely among different ethnic groups, the Act streamlined processes, and ensured consistency and fairness in applying policies and regulations nationwide.
Regulation of Land Use: The Act tackled abuses by cutting down the power of big land speculators to ensure land is used in a manner that benefits the majority. This regulation promotes sustainable urban development and discourages land hoarding for speculative purposes.
As earlier said, the government now oversees land distribution and usage, which is vital for effective planning and development. Centralizing land control allows the government to implement strategic plans for urban and rural development. This control helps align land use with national development goals and prevents land fragmentation.
Problems and Criticisms of the Land Use Act 1978
The Land Use Act of 1978, though well-intentioned, has faced several challenges that have limited its effectiveness. Recognizing these issues is crucial for identifying areas that need improvement to enhance the Act’s impact.
Bureaucratic Hurdles: The process of acquiring land is often lengthy and complex, leading to delays, additional costs, and missed opportunities for individuals and businesses. Further streamlining these processes is essential for better efficiency.
Power Concentration: The Act grants significant power to state governors, resulting in instances of corruption, abuse and favoritism.
Slow Development: The bureaucratic delays and corruption associated with the Act have sometimes hindered its positive impact. These challenges can make it difficult for developers to acquire land and proceed with their projects in a timely manner, potentially slowing down the pace of development.
Disregard for Traditional Land Tenure Systems: The Act sometimes overlooks traditional land tenure systems, causing dissatisfaction among local communities. Integrating traditional practices with formal land administration will resolve these conflicts.
While the Land Use Act of 1978 aimed to streamline land administration and make land more accessible, it has encountered significant obstacles and criticisms. Addressing these issues through reforms is essential to achieve its goals of equitable and efficient land distribution and use in Nigeria.
How Can the Land Use Act Be Friendly to Citizens?
Making the Land Use Act more friendly to citizens involves several strategies. These strategies aim to improve the Act’s accessibility, transparency, and inclusivity.
Simplifying Bureaucratic Processes: Simplifying the bureaucratic processes can reduce delays and make land ownership more straightforward and efficient. This can help to streamline the process and make it more accessible to ordinary citizens.
Increasing Transparency: Increasing transparency in land allocation can help curb corruption and ensure fairness, making the system more equitable. Transparency is crucial for ensuring that land is allocated fairly.
Incorporating Traditional Land Tenure Systems: Incorporating traditional land tenure systems into the formal framework can reduce conflicts and acknowledge the rights of customary landowners. This can foster harmony and inclusivity. Recognizing traditional practices can help build trust in the system.
Educating Citizens: Educating citizens about their rights and the processes involved in land acquisition, ownership and use empowers them, promoting better utilization of land resources. Public awareness and education helps individuals navigate the system more effectively and take advantage of the opportunities provided by the Act. Empowering citizens through education is crucial for promoting equitable land access.
Effect of Land Use Act in Property Development
The Act has had a profound effect on land use, ownership and property development in Nigeria. Understanding these effects is essential for assessing the Act’s impact on the real estate sector. Here are the key effects:
Encouragement of Investment: By making the process of land acquisition more straightforward, the Act has made more land available for development. This has encouraged both local and foreign investment in the real estate sector, contributing to economic growth and development. Clear guidelines and legal security are crucial for attracting investors.
Improved Urban Planning: The Act has enabled the government to plan urban development more effectively, ensuring that land is used efficiently and sustainably. This planning capability is crucial for addressing the challenges of rapid urbanization and ensuring that cities grow in an organized and sustainable manner. Effective urban planning helps to prevent urban sprawl.
Economic Growth: Urban planning and development achieved through the implementation of the Land Use Act positively impacted economic growth in several states, e.g. Lagos State.
Conclusion
The Land Use Act remains a cornerstone of land administration in Nigeria, playing a critical role in regulating land use, land ownership and accessibility. It created a unified and centralized system that promoted real estate investment, urban development and economic growth in Nigeria. Despite its achievements, the Act faces numerous challenges and criticisms.
Addressing these issues and making the Act more inclusive and transparent can unlock the full potential of Nigeria’s land resources for sustainable development. It can also increase potential buyers access and awareness of the acquisition process. Thereby, flawing attempts by land grabbers to swindle them.
Ongoing reviews and potential amendments to the Act are steps in the right direction, aiming to balance government control with individual rights and traditional practices.
By making the Land Use Act more citizen-friendly, Nigeria can achieve more efficient and equitable land administration, fostering national development and social harmony.
Donald Karo
