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ABSTRACT
From time immemorial through the period of agriculture to the period
of industrial development, land has remained the most valuable property
in the life of man and his development. It is a source of wealth to
those who have it and the mother of all properties. In other words,
virtually all the basic needs of human existence are land dependent. In
view of the importance and usefulness of land to man and his development
as well as the development of his society, every person generally
desires to acquire and own a portion of land to achieve the various ends
for which the land is meant. Therefore, to make land in Nigeria
available to all and to ensure that land is acquired and put to a proper
use for the needed development, governments during and after colonial
period enacted laws to govern the use or administration of land in
Nigeria.
Before the arrival of the colonial masters, there were
customary laws which governed the administration of land in Nigeria.
These customary laws varied from one locality to another because of the
differences in customs of the people. This accounted for the
multiplicity of land laws in Nigeria prior to the promulgation of the
Land Use Act of 1978. These laws were applied in each region to regulate
land in the region.
Notwithstanding the existence of laws regulating
land, the problems of land tenure and land administration persisted
both in the Northern and Southern Nigeria. There were new problems such
as land racketeering and speculations. Exorbitant compensations were
demanded by landowners whenever the government acquired land for
development. Thus, acquisition of land by government or individuals was
becoming almost impossible in Nigeria. In fact, one of the major factors
that was said to be a stumbling block against efficient implementation
of the Second Development Plan 1975-1980, was lack of land for
development project. To break this barrier and monopolies of landlords,
the Federal Military Government set up some panels to consider how best
to solve the problems associated with land tenure and administration in
Nigeria. The report of one of these panels i.e., the Land Use Panel of
1977 eventually formed the basis of the Land Use Act No. 6 of 1978.
The
purpose of this essay therefore, is to critically examine the Land Use
Act of 1978 to see the extent to which it has enhanced the
administration of land in Nigeria. In this connection, reforms and
innovations introduced by the Act to improve the administration of land
are critically examined. Bearing in mind that every being has its scar,
the Act is not without shortcomings. In this regard, this study further
beams its search lights in figuring out the inherent problems of the
Act. Finally, this work makes recommendations on how to improve the Act
in view of the recent proposal by Government to review the Act.
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