The Land Use Act (LUA) of 1978 has had wide-ranging legal, economic, and social impacts in Nigeria. Below is a structured discussion of its major impacts, covering positive and negative effects, followed by academic and legal references.
Impact of the Land Use Act in Nigeria
1. Centralization of Land Ownership
The Land Use Act vested all land in each state in the Governor, to be held in trust for the people.
Impact:
Reduced absolute ownership (freehold) by individuals.
Replaced it with statutory and customary rights of occupancy.
Strengthened government control over land allocation.
Implication:
While this was intended to ensure equitable access, it significantly limited private land autonomy and traditional landholding systems.
2. Simplification and Uniformity of Land Tenure
Before 1978, Nigeria had diverse and conflicting land tenure systems.
Impact:
Introduced a uniform land tenure framework nationwide.
Reduced uncertainty caused by multiple customary land practices.
Implication:
Uniformity improved legal clarity but weakened indigenous land tenure customs, especially in rural communities.
3. Government Control and Bureaucracy
Land transactions require governor’s consent under Section 22 of the Act.
Impact:
Slowed land transactions due to bureaucratic delays.
Increased cost of land acquisition and registration.
Implication:
This has discouraged investment, particularly in real estate and agriculture.
4. Facilitation of Public Development Projects
The Act empowers government to acquire land compulsorily for overriding public interest.
Impact:
Easier acquisition of land for infrastructure, roads, schools, and public utilities.
Reduced land speculation in theory.
Implication:
However, compensation is often inadequate or delayed, leading to disputes and litigation.
5. Effect on Agricultural Development
The Act was designed partly to make land available for productive agricultural use.
Impact:
Large-scale land acquisition for farming became easier.
Smallholder farmers often lost land without adequate protection.
Implication:
Instead of boosting agriculture, the Act has sometimes displaced rural farmers and reduced tenure security.
6. Weakening of Customary Land Rights
Customary landowners became tenants of the state rather than absolute owners.
Impact:
Traditional rulers lost authority over land allocation.
Customary land rights became subordinate to statutory rights.
Implication:
This caused resistance in rural areas and frequent land conflicts.
7. Corruption and Abuse of Discretion
Governors have broad discretionary powers over land.
Impact:
Abuse of power in land allocation.
Political favoritism and corruption in issuance of Certificates of Occupancy (C of O).
Implication:
Public trust in land administration has been undermined.
8. Constitutional Entrenchment and Reform Challenges
The Land Use Act is entrenched in the 1999 Constitution, making amendment difficult.
Impact:
Reforms require constitutional amendment procedures.
Outdated provisions remain in force despite economic and population changes.
Implication:
This rigidity has hindered modernization of land administration in Nigeria.
Conclusion
The Land Use Act has had mixed impacts. While it aimed to promote equitable access, simplify land tenure, and support development, in practice it has introduced bureaucracy, weakened customary rights, discouraged investment, and fostered corruption. Many scholars and policymakers now advocate reform or removal of the Act from the Constitution to allow more flexible land governance.
References
Land Use Act, Cap L5, Laws of the Federation of Nigeria (LFN) 2004.
Omotola, J. A. (1980). The Land Use Act and the Land Tenure System in Nigeria. University of Ife Law Journal.
Umezulike, I. A. (2004). Contemporary Issues in Land Law in Nigeria. Snaap Press.
Smith, I. O. (2008). Practical Approach to Law of Real Property in Nigeria. Ecowatch Publications.
Awoonor-Renner, R. (2015). “The Land Use Act and Its Implications on Property Development in Nigeria.” Journal of Sustainable Development Law and Policy.
Oni, A. O. (2012). “Effects of the Land Use Act on Sustainable Housing Development in Nigeria.” Journal of Environmental Studies.
Nigerian Constitution, 1999 (as amended), Section 315(5).