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.