EFFECT OF LAND USE ACT ON LAND ACQUISITION AND OWNERSHIP


The Land Use Act, was promulgated by the Federal Military Government during the require of Gen. Olusegun Obasanjo as Land Use Decree (No. 6. 1978) and later transformed into an Act; Land Use Act Cap. 202 LFN, 1990 (Now Land Use Act cap L5 vol. 8 LFN; 2004).


The Act was entranced in the 1979 constitution and subsequently in the instant 1999 constitution as one of the existing Laws. The main purpose of the Act was stated by the Head of state in his national broadcast at the time the Act was promulgated as follows:

“The main purpose of the Decree is to make Land for development available to all including individuals, corporate bodies, institutions and governments ….. fast economic and social development at all levels and in all the parts of our country is our main purpose.”

After setting out the broadcast of Gen. Obasanjo and the terms of the preambles to the Act, Ekpu summarized the internment of the Act as follows:
1.         The provision of a Uniform Land Tenure System in the country
2.         To make land easily and cheaply available to all Nigerians and the government for development purposes and
3.         To check the practice of land speculations whereby some wealthy individuals indulged in a lucrative trade in land. 

However, the Land Use Act has given birth to myriads to legal implications on the hitherto various Land Tenure System that operated prior to its coming into effect the impact of which is not thoroughly understood by the generality of Nigerians, especially the “Land Owing Unit” (community, family and individuals) despite its thirty – five – years of existence. Hence an attempt is made in this essay to make the position of the law clear vis – a – vis the legal implication of the Land Use Act, and its impact on land acquisition and ownership.
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