land use Act of 1978

The 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 a uniform Land Administration system across Nigeria.

General Olusegun Obasanjo’s regime promulgated the Land Use Act of 1978 on 29 March 1978. It is a reform essentially aimed at encouraging proper, productive and efficient use of land.

Key Implications:

  • Only landowners are affected and they need to acquire a Certificate of Occupancy (Known as C of O) issued by the State Government as evidence of a right of occupancy.
  • This right of occupancy is granted to individuals to occupy, develop and use the ground for a period not exceeding 99 years, after which the land reverts to the government.
  • The Act does not specify if a Certificate of Occupancy granted can be renewed after the expiration of the 99-year leasehold, which Leaves the Governor with the option to continue or not.
  • The State Government has the power to revoke a right of Occupancy if the land is needed by the Federal, State, or Local Government for the Public Purpose of the country, with the occupier entitled to compensation for the land at the time of cancellation.
  • An individual is entitled to no more than a half hectare (1.25 acres) of undeveloped land within a State. However, in rural areas, the country’s customary grant of land is limited to 5,000 hectares for grazing and 500 hectares for crop production.
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