OBSERVATIONS AND RECOMENDATIONS OF LAND USE ACT 1978

Observation
In the course of this study and in the bid to critically examine the effects of the land use Act, 1978 on the customary tenancy in Nigeria, it was observed that, even before the coming of the colonial masters, the entity today known as Nigeria had its own land tenure system with customary tenancy as part of it.
It was also observed that under the customary tenancy, the overlord is not at liberty to eject the customary tenant at any slightest provocation. For the customary tenant to forfeit the tenancy to the over load, he must have conducted himself in a manner that is considered to be enemical to the interest of the overlord as can be seen from the decided cases. This includes alienation of the property without the consent of the overlord.
Also, it was observed that the existing land tenure system and customary tenancy in Nigeria before the promulgation of the land use Act 1978, was occasioning hardship on the government and individuals thereby hindering development. Therefore, the Land Use Act, 1978 is a statutory approach or device used by the then Federal Military Government to consolidate and harmonise the diverse land tenure prevalent in the country before the promulgation. It aims at ensuring the protection of the rights of all Nigerian to enable them to provide for the sustenance of themselves and their families.
It abolished the age long tradition of private ownership in the south and introduced a uniform system of land tenure throughout the country and vest all land comprised in the territory of each state on the state governor.
[Furthermore, it was observed that the legal principle expressed in the Latin maxim Quic quid plantatour solo solo cedit (every thing attached to the land, is part of the land) is part of our legal system. Additionally, I observed that there are types of customary tenancy under the Nigerian legal system. They include Rent Free or Gratuitous Tenancy, Service Tenancy, Cash Tenancy and Kola Tenancy.                               
In the same vein, I observed that there are rights accruing to the customary tenant. These rights are to wit: Right to exclusive possession, right not to be evicted from the property without due process. It was further observed that the customary tenant owe his overlord some obligations. These include obligation not to deny the grantor his title, not to alienate without the grantor’s consent, obligation not to use the land for a different purpose, obligation to pay rent or tribute etc.
 The following sections of the Act, that is sections 1,2,5,6,24,28,29,34,36,40, and 50 are the relevant provisions that dealt with the issue at hand.
I also observed that the attendant effect of the provisions of the land use Act, 1978 especially section 36 (1) (2) (3) and (4) and the definition of “holder” and “occupier” in section 50 seemed to have confused many people as to what interpretation to be ascribe to them.
I observed that some of the justices of the Supreme Court insist that with the promulgation of the land use Act, 1978, the customary tenant is entitled to be issued with the right of occupancy subject to the existing customary land law but others out rightly maintained that the customary land owner is entitled to be issued with right of occupancy as doing otherwise, will amount to robbing Peter to pay Paul.

Recommendations
Having seen and brought to limelight the observations that were made in the course of examining the effects of the land use Act, 1978 on the customary tenancy in Nigeria, it is pertinent to make some recommendations which will ensure the best land tenure system in Nigeria. The recommendations are as follows:
1.                  That first of all, the land use Act should be removed from the constitution completely in order to make its amendment easy.
2.                  There is need to curtail such powers as vested on the governors since it is excessive and could be used by overzealous ones for political gains.
3.                  The Act in section 34(5) and (6) took away many plots of land held by the former land owners without any compensation in return. I humbly submit that property legislation should not confiscate property right of the people. The right to property is a fundamental right and should not be violated indiscriminately and spontaneously even where such confiscation is necessary, the legislation should provide compensation to that effect. Subsequent amendment should take cognizance of this.
4.                  not minding who is in occupation or possession before or immediately after the promulgation of the land use Act, 1978m the overlord that is the person to whom the land vested before the Act should be adequately compensated so as to engage his loss and also be given the option of applying for customary or statutory right of occupancy before any other person.
5.                  In order to ensure the involvement of the traditional rulers (whose positions are held in high esteem in the rural areas) in hand tenure in the country they should be made chairman of land allocation committee in different LGAs for granting customary right of occupancy.
6.                  The debate as to who the property or land vest on between the overlord and the customary tenant should be laid to rest in favour of the overlord.
7.                  Government should first acquire all the land as is in section 1(1) and 36(1) of the land use Act, and then give equal opportunity to all to apply for right of occupancy.  


5.3       Conclusion
It should be noted that the essence of this work has been achieved. The effects of Land Use Act since its promulgation radically altered to a great extent the system of customary land tenure law in Nigeria. The Act, divest any claimant of radical title and limits his claims to a Right of Occupancy. The attendant effects of the provisions of Land Use Act especially sections 36(1) (2) (3) and (4) and the definition of “holder” and occupier in Section 50 seemed to have confused many people as to what interpretation to be ascribed to them. The court cannot in the absence of express words, properly give the Act a construction which in effect expropriates the rights of the holder (the customary landowner) or reduces him to the same level with the customary tenet. For it is settled that any law which has the effect of depriving a citizen of any right to his property. That the customary land law survived the Land Use Act is not in doubt, though in a modified form. The question of who is to be granted right of occupancy between the customary owners and the customary tenant is still hazy. The position taken by the Supreme Court in this regard, calls for concern. Some of the justices of the supreme court insist that with the promulgation of the Land Use Act, 1978, the customary tenant is entitled to be issued with the Right of Occupancy subject to the existing customary land law but others out rightly insist that the customary landowner is entitled to be issued with Right of Occupancy as it is like robbing Peter to pay Paul to do otherwise. I completely agree with this later view or position because any thing short of this must surely work hardship on the landowner and be at variance with the spirit and general intendment of the Act. According to the Courts, it is the customary landowner who is entitled to be issued the certificate of Occupancy since he is imposing through his tenant.                 
BIBLIOGRAPHY
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Egwummuo. J. N. “Principles and Practice of Land Law” Enugu, Okechukwu         Communications, (1999).     
Elias, I. O. “Nature of African Customary Law”, London, Sweet and Maxwell,  (1972).
Kiudeze Ewe “Law Property,” London Evans, (1974)
Kloyd, P. C. “Yoruba Land Law” Ibadan, Oxford University Press, (1962)
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Obi, S. N. “Ibo Law of Property,” Enugu Butterworths, Butterworths African Law Series,    (1996).
Ogbede-Ihama, T. E. “Nigerian Land Law Cases” Benin, Lawbooks Publication Division Vol, V. (2000).      
Omotota, J. A. “Essays On The Land Use Act,” Lagos, University Press (1983).
Umezulike I. A. “Title By Adverse Possession And Under Customary Law” Ibadan, Oxford University Press, (2011).
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