CRITICALLY EXAMINE THE EFFECTS OF THE LAND USE ACT, 1978 IN NIGERIA

ABSTRACT
The land use Act, 1978 has very radically changed the land tenure/customary tenancy in Nigeria especially in the southern part of the country, leaving everyone in doubt as to whether the customary tenancy and system of land tenure survived the effects of the land use Act or has it been swept away. This long essay made an appraisal of the effects of the land use Act on the customary tenancy in Nigeria. It is divided into five chapters with chapter one containing the general introduction, background of the study, statement of the problem etc. chapter two focused
on the literature review, bringing to the limelight the views and opinions of various authors and experts in land law such as Prof. B. O. Nwabueze, Prof. Elias and our own Profs. M.C. Okani and Egwumuo of the blessed memory. Chapter three dealt with tenancy under the customary law, features of customary tenancy and types of tenancies. Chapter four x-rayed the effects of land use Act on customary tenancy in Nigeria. While in chapter five, observations and recommendations were made and followed by conclusion.
        
 BACKGROUND OF STUDY
The importance of land to man on earth through all ages can hardly be over emphasized. Land though represent only about two fifth of the earths surface provides a plat form on which mans activities are predicated. It is however ironical that, while the world population increases, the land in supply appears to be receding. Hence land is never thought to be sufficiently available to meat the needs of man in the society. The ownership of land is religiously guarded against. Wars are fought. Territories conquered to assert and preserve the ownership of land. The war between Nigeria and Cameroon over Bakasi peninsula and Ezilo and Ezza Ezilo war attest to the above facts.
            As a result of the foregoing and the fact that in Africa, we are our brothers keeper. And we have this strong spirit of brotherhood. Those who do not have land and may be have no money to buy, usually seek for some portion from those that have, for farming, residence and other purposes, most times with an agreement to pay rent or tribute in any form agreed on. This tribute in the west is called Ishakole. It is this arrangement that is referred to as customary tenancy.
            It is this agreement that gave birth to the concept today known as “customary tenancy” .The theory behind this concept is that, where strangers or immigrants have being granted land for occupation and use, they are entitled to continue in peaceful enjoyment until they forfeit their rights on such grounds as e.g alienating a portion of the land to others with out the permission or prior consent of the grantor or by putting the land to the use other than those originally agreed upon or by refusing to pay the customary tribute or by denying the title of the overlord. The list is in exhaustive. It is important to observe that it is also a well established principle that customary tenants should not suffer forfeiture for minor acts of misbehaviour and that the courts are loath to order forfeiture except in the meet exception and circumstances. Ashagbom v oduntu Iznilpp 7, and Ogbakum a nwu 8 ors chirbaol 19 nlr pg
            In the words of per Dan Ibekwe JSC “it is therefore obvious, that neither the overland nor his successor in title could dispossess a customary tenant except it be by means of an action of forfeiture. It is of course always, open to the customary tenant to abandon his tenancy if he so desires, but that is another matter.
However as the relationship between the overland and customary tenant continue to deteriorate as a result of efforts of the overlord to assert authority or gain every thing, problems such as land racketeering and speculation became the order of the day. Exorbitant compensations were demanded by land owners whenever the government requires land for developmental purposes. Thus, the acquisition of land by government or individuals became almost inpossible in Nigeria. Infact, one of the major factors that was said to be a stumbling block against efficient implementation of the Second Plan, 1975-1980,was lack of land for Development Project. These coupled with the fact that the relationship between the Overlord and customary Tenants had started going bad, the Federal Military Government decided to break the barrier and monopoly of the overlords by constituting two Panels, to consider how best to solve the problems associated Customary Tenancy, Land Tenure administration in Nigeria. The report of one of the Panels ie Land Use Panel of 1977 eventually formed the basis for the Land Use Act of 1978.

STATEMENT OF PROBLEM                                             
            Flowing from the above background discussions, it is evident that there are myriad of issues that remain to be fully examined and the most important of these issues is the critical appraisal of the effects of the Land Use Act, 1978 on the Customary Tenancy in Nigeria. Its being a source of concern on whom the customary tenant should pay tribute to since the original owner of the land i.e the overlord has being divested of his ownership of the land by virtue of section 1(1) and section 36 of the Land Use Act 1978, which vest the ownership cum management of land on the state governor, for lands in urban area and Local Government Area Chairman, for lands in the rural areas respectively.
Finally, the condition of customary tenant under the Land Use Act, whether better or not.

RESEARCH QUESTIONS             
After going through the background of this study and of course statement of problems, some questions will be agitating the mind. These questions include:-
1.                  What are the effects of the land use Act on Customary Tenancy in Nigeria?
2.                  What are the types of customary tenancy we have in Nigeria?
3.                  Does the grantor and grantee owe each other any obligation?
4.                  Under what circumstances can the customary tenant forfeit his tenancy?

OBJECTIVES        
            Having gone through the Background of Studies, Statement of Problem and Research Question, it therefore follows that the main objective of this study is to critically appraise the effects of Land Use Act, 1978 on customary tenancy in Nigeria and to specifically bring to the limelight, the types of costmary tenancy we have in Nigeria and to properly guide the overlord and the customary tenant on their rights and duties.

RESEARCH METHODOLOGY        
            The methodology that was adopted in the completion of this research work is mainly doctrinal method of research. It is also more of socio-legal in nature thereby, making use of the EBSU law library where materials such as Law Textbooks journals, law reports etc were referred to.
            Web based resources, search engines and online virtual libraries were also employed. Thus, it was possible to access web documents, Journals, Articles etc.

SIGNIFICANT OF THE STUDY     
            This research is very important to policy makers, student and teachers alike because it brings to the limelight the level to which the land use Act 1978 has affected the customary tenancy in Nigeria it will doubt add to their knowledge of what the position of law is. This is so since the long essay make use of the recent reports, views, statistic and legislations.
            Furthermore, policy makers will also benefit from this research work in that it will point out the best way to administer land in the country.
            In addition, the work will also provide the basic knowledge required by land law students. This is so as the work will explain some basic concepts like ISAKOLE , forfeiture, tenancy etc. other articles and journals may also be written suing this research work as a foundation.       

SCOPE OF STUDY
            This long essay shall focus primarily on the administration of customary tenancy in Nigeria as provided by the land use Act. It will lay emphasis on the state and nature of the relationship between the overlord and the costmary tenant.
            Furthermore, the essay will examine the problems that  arise in the relationship between the overload and customary tenant, with view to providing lasting solutions to those problems.

LIMITATION OF THE STUDY         
            In the accomplishment of any task there must be problems and drawbacks to be encountered. This research work fails under that category. This long essay was limited by the following:-
Time: the time frame that was mapped out for this essay was not enough. This is so as a work of this magnitude will need proper research and investigation before its completion.
            However, due to exam and other academic activities this work was finished earlier than anticipated (planned)
Finance: This was problem for me personally as a student. The cost of transporting myself to other law faculties was not easy. Economic hardship also affected this work adversely or the cost of browsing, downloading and print of the necessary materials was high coupled with inadequate power supply.
            There was no constant (or at least) adequate) power supply during the period of berthing this long essay. Thus the student was often forced to use lanterns and candles to write.             
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