Government Laws on Land Use in Nigeria (Land Use Act or Decree of Nigeria, 1978)

In view of the problems and inadequacies created by land tenureLand tenure means the act of acquiring land either by an individual, family, community or government, temporarily or permanently. It determines who can use land, for how long and under what... More systems, the Federal Government of Nigeria, in 1978 promulgatedThe meaning of promulgate is to make (an idea, belief, etc.) known to many people by open declaration More a decree on land use in Nigeria.

The decree was known as:

Land use Decree of 1978The land use Act of 1978 is a reform essentially aimed at encouraging proper, productive and efficient use of land. It abolished the existing land tenure systems and replaced them with... More or Land use Act of 1978.

Features of the Land Use Decree (Act):

• All land belongs to the Federal Government of Nigeria and is held in trust for the people.

• State governments are authorized to act on behalf of the federal government, in all matters relating to land in the state.

• Every Nigerian is qualified to acquire land for whatever purpose upon attaining the age of 21 years.

• Prior to the acquisition of land, the individual must apply to the government, pay for the land and obtain a certificate of occupancy on the land acquired.

• The decree stipulates that an individual can only use a piece of land for 99 years after which the land reverts to the government.

• It also provides that farmers should not be allocated more than 500 hectares of land for crop production and  5,000 hectares for grazing purposes.

• It is a reform essentially aimed at encouraging proper, productive and efficient use of land.

Aims of the Land Use Decree:

• It removes the difficulties which land had generated through land tenure systems in Nigeria.

• It streamlines and simplifies the management and ownership of land in the country.

• It facilitates the planning or formation of programmes for a particular land use.

• It allocates land and creates opportunities for enterprising farmers to acquire more land for large-scale farming.

• It encourages proper, productive and efficient use of land.

Implications of the Land Use Act:

• To prevent the land speculators from buying large parts of land to resell.

• Does not dispose any Nigerian, of his or her acquired property, which is being lawfully and optimally used.

• Ensures that whoever requires land for any purpose, and has the ability to make optimum use of it, will always obtain it.

• It allows any individual above the age of 21 years to apply for a certificate of occupancy and land ownership.

• Individual ownership of land now ceases and the only relationship between an individual and the land is the practical utilization of the land.

Advantages of Land Use Decree:

• Makes land acquisition relatively easier for land users.

• Reduces land disputes and court cases on land ownership issues.

• With the certificate of occupancy, land can easily be used as collateral to obtain loans from banks.

• Prevents land fragmentationLand fragmentation is defined as the division of land into discrete plots dispersed over a wide area but owned by a single household. In areas of high population density such as... More.

• Encourages large-scale agricultural production.

• Reduces boundary disputes and conflicts on land.

• People can acquire land anywhere in Nigeria.

• Both males and females in Nigeria can acquire land.

Disadvantages of Land Use Decree:

• Undue bureaucraticThe term bureaucracy refers to a system of government in which most of the important decisions are taken by state officials rather than by elected representatives. In simple terms, you can... More process by government officials.

• High cost of land survey.

• Indiscriminate and illegitimate sales of land tend to be the order of the day.

• Influential members of the societyThe term society is derived from the Latin word 'socius' meaning friendship or companionship. Society is a community, nation or group of people who share the same traditions, institutions, rules and... More acquire the majority of the available and for non-agricultural purposes.

• Land is not necessarily allocated to actual farmers for agricultural activities.