A Critical Analysis of Land Rights and Interests in Nigeria

Abstract

The issue of land ownership and possession under the Land Use Act has become a topic of debate over the years, with some jurists and writers arguing that the Act gives no absolute ownership to the people but instead vests such ownership in the Governor, who holds the land in trust, while others argue that the land is in the mere possession of the Governor and the people have the right to possess or own these lands in accordance with the Act. Unquestionably, the Land Use Act of 1978 was enacted to rectify certain land use misdeeds in Nigeria. The misdeeds have persisted despite the existence of the Act as an existing law under the Nigerian Constitution of 1999 (as amended). At times, some state governors have concealed themselves behind the law to commit all manner of mischief. In Osho v. Foreign Finance Corporation, for instance, the plaintiff's right of occupancy was revoked under the guise of an overriding public interest and public purpose, but the land right for the same land was subsequently granted to a private non-juridical person for its private business. In this work, it is proposed that the Land Use Act of 1978 be repealed and Nigeria return to its previous state. A new piece of legislation should be enacted to restore the absolute ownership rights and interests of communities, families, and individuals over land, but with stringent controls on land grabbing, speculation, and oppressive alienation.