The land use act of 1978 covers the use and rental of public lands. It is clear from the foregoing analysis that land management under the land use act has provided an appropriate enabling environment for prospective investors, private individuals and other corporate bodies. Characteristics of customary law nonso robert attoh faculty of law university of nigeria enugu state, nigeria 20152016 session list of characteristics 1. Land is essential for every human activity on earth as it is the source of all material wealth.
He was a scholar who modernised and extensively revised the laws of nigeria. It is for this reason it has been said that the study of land law is a. In our previous article, we explained the procedure for buying property in lagos state. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. If he manages to escape alive, his petrol station, his shop and his home will be burnt down or his life and all of them will go. Federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. Lesson 1 nigerian land markets and the land use law of 1978. Received english law is binding on nigerian courts except if there is a local legislation on the same issue. However, the focus of this article is to assess specifically the requirements for buying land in ogun state, nigeria. Download land law text book pdf law repository nigeria. It is a practice that was hardly known to customary law.
This law had replaced and largely reenacted the land and native rights. English law in nigeria is derived from the colonial nigeria, while common law is a development from its post colonial independence. University of lagos faculty of law introduction to law jil 001 lecture notes history of the nigerian judicial system in previous classes, we learnt about the meaning, nature and function of law, and we agreed that one way of understanding the nature of law is by identifying its functions. Ownership and use of land in nigeria chapter one introduction meaning of land at common law generally, there are various definitions by different scholars as regards the meaning of land at common law. Anything outside the pleadings that is sought to form part of the trial must be ignored as it goes to no issue a. However, in nigeria apart from the legislations which will be mentioned below there is no major all encompassing law regulating land use in nigeria until the land use act 1978. Understanding the land use act and how it affects you. The land use act and land ownership debate in nigeria. These statutes are men tioned in tobi, nigerian land law ahmadu bello univ. Pdf the land use act and land ownership debate in nigeria. To give all the necessary assistance to the assignee towards procuring the governors consent and perfection of the deed of assignment.
We live on it and finally rest on it the rules governing it are forever complex, because of tile conflicting claims to its ownership. Taslim olawale elias 11 november 1914 14 august 1991 was a nigerian jurist. On the other hand, received english law is english law that was enacted on or before jan 1st, 1900. Thus, a pristine examination of the law on land administration in nigeria. Land law nigeria by national open university, nigeria file type. Challenges in nigerian insititutional frameowrks for state and public sector land management muhammed bashar nuhu, anivs, rsv, mnim keywords. Companies and allied matters act arrangement of sections part a companies part i corporate affairs commission section 1. Pdf the goal of this paper was to conduct a critical evaluation of the nigerian land use act 1978 in relations to land ownership rights and. An act to vest all land compromised 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. This paper sets out to examine the concept of ownership with respect to land within the confines of the provisions of the land use act and in the light of the diverse positions taken by scholars. Historical evolution of land law in nigeria before the advent of the british government in 1861, nigerians operated customary land tenure system which was indigenous to the people. The rivers state likewise has an unimplemented recovery of possession edict. It is easy to see from the figure that the space of land held by a single individual has reduced drastically between 1968 and 2008.
Challenges in nigerian insititutional frameworks for state and public sector land management figfaocng international seminar on state and public sector land management verona, italy, september 910, 2008 323 implication law rules, rules and regulation to fashion out, monitor, land allocation and ownership. Alienations under the land use act and express declarations of. Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer. In this course, we shall examine the customary land tenure system in nigeria. Mar 18, 2016 this english law is not binding on nigerian courts but can be extended to apply in certain cases. Ll labour act a the wages of a worker shall in all contracts be made payable in legal tender and not otherwise. The illegality may be borne out of sheer ignorance or mere mischief.
The enactment of the land registration law 2015 by lagos state is a bold attempt to provide a uniform platform for land registration in the state, considering the previous history of a fragmented and far from complementary land registration system. International journal of business, economics and law, vol. The indigenous land tenure and nationalization of land in nigeria. The nigerian constriction, for one, makes provision for environmental protection and management in sections 12, 20, 33 and 34. Trust law and the administration of real property in nigeria ibrahim abdulkarim department of private law, faculty of law ahmadu bello university, zaria, nigeria email. There are various documents and procedures required to purchase land in nigeria. Northern nigeria nigeria government printer, northern nigeria, 1962 land tenure 26 pages. An act to vest all land compromised in the territory of each state except land vested in the federal government or its. The use of international law in the domestic courts of ghana and nigeria 373 western states. In order to regulate the ownership, use and development of land and land resources, nations the.
As presented by elias 1971, later sections of the act furth. Land law latest nigerian supreme court cases page 2. Legal barriers impede womens access to resources1 a womans ability to own, inherit and control land and. The effect of not commencing a law suit or judicial proceeding within the period limited for bringing the law suit is that such a law suit or claim will be extinguished after the time limited for commencing the law suit has elapsed. Right of entry or bringing action to recover land or rent, limited 4. The only control imposed by law on the lineages and other local land. General provisions as to protection of wages, contracts of employment and terms and conditions of employment.
Human rights and islamic law in northern nigeria hrw. Where a court of trial unquestionably evaluates the evidence and justifiably appraises the facts, what the court of appeal ought to do is to find out whether there is evidence on record on which the trial court could have acted. He was attorneygeneral and chief justice of nigeria and a judge and president of the international court of justice. Using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management like i previously stated, the noun school of law study materials and courseware is free for all students studying law. Land lawstatus of persons who hold interest in land by virtue of a statute. Establishment of the nursing and midwifery council of nigeria.
K the land use act and the state of nigerian land law. Statement of the problems the present condition of our rural land developments in nigeria has been a cause for concern in this study. Boston college third world law journal volume 10issue 1 article 3 111990 the indigenous land tenure and nationalization of land in nigeria p ehi oshio. Generally, the english common law forms part of the foundation on which the nigerian legal system is built. Land policies and agricultural productivity in nigeria. The legal profession in nigeria derives its origin from the english legal system and legal profession. Acquiring land in nigeria is tough and one of the biggest challenges stems from the activities of land grabbers, scam agents and the sheer number of professionals needed to legitimately and successfully acquire one. Practice and procedure statement of claim effect of relief in writ of summons not claimed in statement of claim. Issues of public participation and access to land in nigeria bola fajemirokun land administration under the uniform system of land tenure, which nigeria has practised since 1978 is centralized. Nigeria and can be found in the land tenure law northern nigeria,3 the.
May 20, 2011 land law status of a purchaser who takes possession of land pursuant to an unregistered registerable instrument. The major problem facing our rural land development is the negative effects which have come with introduction of land use act, 1978 in nigeria. Lagos state of nigeria tenancy law 2011 no 14 of 2011 law to regulate rights and obligations under tenancy agreements and their relationship between the landlord and the tenant including the procedure for the recovery of premises and for connected purposes. The land use act of 2004 is made up of eight parts of fiftyone sections. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. It addresses four important issues arising from the former land tenure systems in nigeria. Customary land tenure in nigeria placed tlze overlords in dzarge of land distributiotz. It is basically focused on the understanding of land tenure from a nigerian perspective, types of land tenure systems, the land use decree and its constraints in relation to agricultural production and above all, the impact of land. In addition, if the division of familyowned land is evident, this usually signifies an end to the. Fundamental principles of national land policy part iii classification and tenure of land 4. This guide to law online nigeria contains a selection of nigerian legal, juridical, and governmental sources accessible through the internet.
The land act 1999 arrangement of sections section title part i preliminary i. Like all other customs, the customary land tenure system varied from place to place and was accepted as a mirror of accepted usage, see owoniyi v. Act an act to establish the nursing and midwifery council of nigeria for the registration of nurses and midwives in nigeria and state nursing and midwifery committees and to. Student, iium malaysia and lecturer faculty of law. This can include both residential and commercial land transactions. On the one hand, there was the system in the northern states, the successors of the former northern region, where the land tenure law, 1962, was in force. When forfeihme is not taken by remainderman, he shall have a new right when estate comes into possession.
Nigeria, if a religious conflict starts anywhere, the igbo man will in one way or the other be made to bear an extra portion of the brunt of the conflict. This category contains lecture notetext books of all 400 level courses we can deliver to your door step. Download this land law text book from national open university. The principle and nature of law of contract in nigeria. In addition, if the division of familyowned land is evident, this usually signifies an end to the communal or family ownership of the land. This goes to show the effect of population growth on land tenure system in nigeria. The various criticisms of the land use act have provided elements that can move the nation forward. Buying land in nigeria is one of the common property law transactions, which is administered by various legislations depending on the jurisdiction in nigeria. Others were the land development roads law of 1948. An act to repeal and replace the labour code act and consolidate the law relating to labour.
The indigenous land tenure and nationalization of land in. Section 33 and 34 guarantee right to land and human dignity and it is said to. This has reduced the scope for public participation in decisionmaking and hampered efforts to promote access to land. State control of land and statutory conditions for a valid alienation of land are not new in. History thus, perhaps for the sake of convenience and to separate. Its coast in the south is located on the gulf of guinea in the atlantic ocean. These form the basis of what is termed the customary law in nigeria. Cbpr database nigeria center for international environmental law 1 federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. This land tenure system of southern nigeria created a number of problems for land management in the country. This 111page report documents human rights violations since sharia was introduced to cover criminal law in 12 northern states. Since 2000, at least 10 people have been sentenced to death and. Summary the vesting of ownership of nigerian land in state public sector management is a feature of 1978 land use act. Customary law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of precolonial yoruba land secret societies and the ekpe and okonko of igboland and ibibioland.
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