Understanding the Nigerian Land Laws
At any given time in Lagos, the Omo Onile could snatch away your land at will, but what does the law say about owning land in Nigeria?
Some cities in Nigeria like Lagos, Abuja, and Port Harcourt have earned premium positions in the country’s real estate market. One will think that this means that acquiring property especially land in these locations will be straightforward. But you will be surprised at your experience.
According to the Land Use Act of 1978, all land belongs to the government who holds it in trust and administers it for the use and common benefit of the general public. This legislation is one of the most controversial laws in Nigeria as it maintains that the previous owners, communities, families, or individuals are by the provision of Section 1 of the Land Use Act divested of the ownership of their land whether occupied or unoccupied.
Land within urban areas is placed under the control and management of the State Governor while rural land is under the management of the Local Government. However, in Nigeria Weekly Law Report NWLR (PT 1099) 562, Adole v Gwar (2008) 11, the Supreme Court explained that the aim and purport of the Land Use Act was not to divest citizens of their traditional titles to land but rather it was made to help in stabilizing government projects mostly in urban areas and to control the difficulties the government faces when acquiring land for development purposes.
Customary titles that give one right to land in urban areas in Nigeria are gotten by receiving a Certificate of Occupancy signed by the State Governor. This makes it possible to sell, buy, and own land. But, for Certificate of Occupancy to be valid, there must not be in existence any customary owner of the land whose right to the land is still valid. This is mostly the cause of disputes with the Omo Onile or ‘landowners’ in Lagos.
To acquire land in Nigeria, it is better to go through lawyers or verified real estate agents because the land market is not properly regulated and the bottlenecks involved in registering land titles make getting ownership rights from the government difficult. Nigeria has a poor score in ease of registering land, coming in at 179th position.
One of the ways to become a landowner is by inheritance, purchase, gift, etc. where land titles are transferred from one person to the other.
Land in Nigeria is mostly used for agriculture, building for households, industries, commercial purposes, and so on. Location, income class, gender, and business determines the access and acquisition of land.
Generally, there are appeals that the government should update the land laws to align with the realities of the time and encourage development by making the procedures for land registration easier.
