AN APPRAISAL OF THE LAND USE ACT: NEED FOR AMENDMENT

UGWUANYI, STELLA OGECHI (2026) AN APPRAISAL OF THE LAND USE ACT: NEED FOR AMENDMENT. Other thesis, GODFREY OKOYE UNIVERSITY.

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Abstract

ABSTRACT The Land Use Act remains the legislation which regulates the administration of land in Nigeria. It vests land in each state in the Governor, establishes statutory and customary rights of occupancy, regulates alienation, revocation, compensation and resettlement. These responsibilities are distributed between State Governors and Local Governments. However, more than four decades after its enactment there persists challenges which impact its operation. Therefore, this research appraises the Land Use Act, Cap L5, Laws of the Federation of Nigeria 2004, and, in doing so, elucidate the need for its amendment. The study adopted the doctrinal methodology. Primary sources examined include the Constitution of the Federal Republic of Nigeria 1999, the Land Use Act, relevant state land-registration and planning legislation, and judicial decisions. Secondary sources include textbooks, journal articles and scholarly commentaries. The study found that the power of land-administration is concentrated excessively on the State Governor. Even so, there is no independent supervision or enforceable obligations. It also found that there is uncertainty in regards to the meaning of vesting, the nature of rights of occupancy and the effect of certificates of occupancy. The requirement for Governor’s consent contributes to delay and uncertainty in land transactions. Furthermore, the provisions which govern revocation and compensation do not protect landholders adequately. The act is entrenched under section 315(5)(d) of the constitution and this obstructs reform. The study recommends that; the Act should be removed from constitutional entrenchment; the powers of the governor should be controlled; rights of occupancy should be clarified. The process for obtaining consent should simplified; compensation should cover the market value; customary interests should be documented; land records should be digitised. This project concludes that a reform is necessary in the administration of land in Nigeria.

Item Type:	Thesis (Other)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	MABEL AMAECHI
Date Deposited:	24 Jul 2026 10:53
Last Modified:	24 Jul 2026 10:53
URI:	http://eprints.gouni.edu.ng/id/eprint/5920

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