As widely understood as the basics of landed property transactions are in Nigeria, there is still a lot of little to no understanding on the legal framework governing land ownership in Nigeria and where rights of ownership of land emanate from.
This article aims to inform Its readers on what the law says concerning :-
– Who truly owns land in urban areas of Nigeria
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– Who truly owns land in non-urban areas of Nigeria
– Applicable laws on interim land management
– Powers of the government concerning land
What is the overriding land law applicable all over Nigeria ?
The Land Use Act of 1978 remains the benchmark law concerning land matters in Nigeria.
Who truly owns all the land in a state?
– All land in a state is vested in the governor of the state in his capacity as a trustee by virtue of the Land Use Act for the use & common benefit of all Nigerians.
– All land in urban areas of a state shall be under the control and management of the governor of the state.
– All other land subject to the act, shall be under the control of the Local Government within the area of jurisdiction where a piece of land is situated.
The governor and local government chairmen are to be aided in their statutory functions concerning land by Land Use Allocation Committees.
What are the functions of Land Use & Allocation Committees?
– Advising the governor on any matter connected with the management of land under the governor’s control and management.
– Advising the governor on any matter connected with the management of land under his jurisdiction.
– Advising the governor on any matter connected with resettlement of persons affected by the revocation of rights of occupancy on the ground of overriding public interest.
– Determining disputes as to the amount of compensation payable under the Land Use Act for improvement on land.
For local governments, this committee is to be called a “Land Use Allocation Advisory Committee” which shall consist of such persons as may be determined by the governor after consultation with the local government and shall have responsibility for advising the local government on any matter connected with the management of land under Its jurisdiction.
What is the provision of the Land Use Act on the designation of urban areas?
– Subject to such general conditions as may be specified by the National Council Of States, the governor may for the purposes of the act by order published in the state gazette designate the parts of the area of the territory of the state constituting land in an urban area.
What are the applicable legal provisions for the interim management of land?
– Until other provisions are made in that behalf and subject to the provisions of the Land Use Act, land under the control and management of the governor shall be administered:-
a). in the case of any state where the land tenure law of the former Northern Nigeria applies,in accordance with the provisions of that law;
b). in every other case, in accordance with the provisions of the state land law applicable in respect of state land and the provisions of the land tenure law of the state, as the case may be, shall have effect with such modifications as would bring these laws in conformity with the Land Use Act or its general intention.
What is the extent of a state governor’s powers concerning land under the Land Use Act?
Powers of the Governor concerning Land
– It shall be lawful for the governor in respect of land, whether or not in an urban area to :-
a). Grant statutory rights occupancy to any person for all purposes.
b). Grant easements appurtenant to statutory rights of occupancy.
c). Demand rental fees for any such land granted to any person.
d). Revise the said rental at such intervals as may be specified in the Certificate of Occupancy or where no intervals are specified therein at any time during the term of the statutory right of occupancy.
What are the powers of the local government in relation to non-urban land?
– Granting customary rights of occupancy to any person or organization for the use of land in the local government area for agricultural, residential and other purposes.
– The power to grant customary rights of occupancy to any person or organisation for the use of land for grazing purposes and such other purposes ancillary to agricultural purposes as may be customary in the local government area concerned.
– It shall be lawful for a local government to enter upon, use and occupy for public purposes any land within an area of its jurisdiction which is not an urban area or the subject of a statutory right of occupancy or an area acquired by the Federal Government or subject of any laws relating to minerals or mineral oils.
– A local government will however owe compensation for land it takes and enter upon any land except land acquired by the governor.