The foundation of this form of title to land under the Land Use Act is rooted is S.1 of the Act. The section provides:-
“Subject
to the provision of this Act, all the land comprised in the territory of each
state of the Federation are hereby vested in the Governor of that state and such
land shall be held in trust and administered for the use and common benefit of
all Nigeria in accordance with the provision of this Act” 3
“Nothing
in this Act shall affect any title to land whether developed or underdeveloped
held by the Federal Government or any agency of the Federal Government at the
common cement of this Act and accordingly and such land shall continue to vest
in the Federal Government or the agency concerned”.
The combined effects of SS.1 and
49 (1) as trenchantly discussed and explained by the count of appeal in Ona V
Atenda 5, is to repose
the ownership of the maximal title to all lands in Nigeria – whether in the
form of absolute title or radical title – in only three categories of owners,
namely: The Federal Government, existing Federal Government Agencies and the State
Government of each state.
All those things identified in
chapter two of this work who owned such title under the pre – existing order –
i.e., the community, the chieftaincy office, individuals and cooperate bodies
are completely excluded. The position of the three ownership – holding bodies
is as follows:
THE FEDERAL GOVERNMENT
The Federal Government retains
and holds the absolute and beneficial ownership of all lands, when ever
located, vested in it at the commencement of the Land Use Act, this is, as on
29th March, 1978; whether such lands are developed or
underdeveloped. One major example of such land are lands comprised in the
Federal Capital Territory Abuja, the ownership of which, had been vested in the
Federal Government since 1976 by S. 1(3) of the Federal Capital Territory Act
1976 6.
Other examples are lands located
in different state territories in respect of which, the Nigeria fee simple
title has been vested in the Federal Government before the Land Use Act by
virtue of the compulsory acquisition statists. The Federal Government holds the
ownership of such land absolutely for its own use or benefit and not in trust
for any person or organization. S. 49(1) of the Act 7 provides that
nothing in the Act shall affect such title and according the lands concerned
shall continue to vet absolutely in the Federal Government.
ANY FEDERAL GOVERNMENT AGENCY IN EXISTENCE AT
THE COMMENCEMENT OF THE LAND USE ACT
A Federal Government Agency is
defined in S. 49(2) of the Act 8
to including statutory establishment. But the Act is silent on the quantum of
land to be given to a “Deemed Holder” of right of occupancy in a rural area.
Therefore, it is safe to conclude, that a deemed holder can hold any quantum of
land, without restriction, whether developed or underdeveloped in a rural area.
Therefore, the land today is no
more a subject of ownership as it used to be before the Land Use Act, 1978.
The only interest capable of enjoyment in land
is more possessory right in the nature of right of occupancy, which may be
statutory, customary or deemed right of occupancy.