ABSTRACT
Land
remains the epicenter of every nation’s economy upon which other activities
revolves. Man’s right of occupancy or acquisition of land can be traced back to
the time of creation. In Gen 2:15 Again, the importance attached to land by man
cannot be over emphasized. The inalienable nature of land is as well taken
cognizance of in our society. The Bible presents us a Scenario on how the poor
Naborth refused to alienate his small garden refused to King Ahab not minding
the exorbitant price he offered. The above event buttresses the point that the
history of land ownership (Land tenure system) is traceable to the period of
antiquity.
That is, from time immemorial. In any case, this research is aimed
at x-raying the operation of land tenure system and its attendance negative
impact on the national income – using Enugu State as a case study. Therefore,
the focus is on how land tenure system operates in Enugu State and the
corresponding negative effect it occasioned to the national income of the
Country, Nigeria. The modus Operandi employed here, however, includes but not
limited to research (internet and library work) observation, empirical work, et
– cetera. The work contains chapterization as
road – map. In its Chapter one, a general introduction was made. While
Chapter two took time to talk on the meaning and nature of land. It further
discusses the historical evolution of the Land Use Act, 1978 and its
objectives. Chapter three discusses the modification made on the Land Use Act,
effect of Land tenure, the effect of 5.36(5) of the Land Use Act, the negative
effect of Land tenure on Gross National product (GNP) et-cetera. The fourth
Chapter examines the Governor’s power under the Land Use Act, etc. And finally,
the last Chapter which is Chapter five deals with the administration of land
under land tenure, delegation of powers under the Land tenure, et cetera. And
Chapter six ends the research work with conclusions, recommendations, et –
cetera.
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TABLES OF CASES
Registered
Trustee of Apostolic Church v. Olowoni (1990) 6 NWLR (pt. 158)p. 54 - - - - - - -- - - - 62
Dapu v. Poku - - - - - - - - -
3, 26
Lewis v Benakole
(1908) 1 NLR 52 - - - - - - 27
Abionye v.
Yakubu (1991) 5 NWLR (pt. 190) 130 - - - 27
Ogunola v.
Eiyekole (1990) 4 NWLR (pt.146)632 - - - 27
Kadiri Balogun
v. Amanu Balogun (1943)9WACA 78 - - 31
Okorie v. Udoma
(1962) ALL NLR 482 - - - - - 33
Adewokoyin v.
Adeyeye (1963)1 All WLR 52 - - - -
34, 38
Oragbade v.
Onitiji (1962)1 ALL NLR, 32, 37 - - - - 34
Onisowo v A.G.
Southern Nigeria (1912)2 NLR, 77 - - - 35
Omagbemi v Numa (1923)5 NLR, 17 - - - - - 35
Amudu v Tijani - - - - - - - - - 36
Odusi v Bolajis
(1964)18 NLR 45 - - - - - - 39
Osuro v Anyorin
(1947)18 NLR 177 - - - - - 40
Archibong v
Archibong (1947) 18 NLR 177 - - - - 40
Chinweze v Masi
(1989) NWLR (pt. 97) 254 at 268 - - - 40
Balogun v
Balogun (1935)2 WACA 290 - - - - - 41
Ereku v The
Military Governor Mid Western State & Anor
(1974) 1 ALL NLR
pt. 11 p.163 at 173 - - - - - 49
Lagos State
Development Property Corp & Ors v. Foreign Finance Corp (1987)1 NWLR (pt.
58) - - - - - - - - 49
Ewo v. Ani
(2004)3 NWLR (pt.861)p.611 at 629 - - - 31
Maroko v Lagos
State Government - - - - - - 51
Gonko v
Ugochukwu - - - - - - - 62
Padfield v.
Minister of Agriculture (1995) Fourth Dimension Publication Co. Ltd Enugu p.175
- - - - - - - - - 64
A. G. Federation
v. NEPA (Suit LD/372/81) - - -
79, 80
Hammond v. U. A.
C. Ltd (1936) 3 WACA 60 - - - - 32
Chief
Commissioner of Eastern Province v. Ononye & Ors (1944)17 NLR p. 144 - - - - - - - - - 66
TABLE OF STATUES
The Land Use
Act, 1978 - - - - - -- -3,
7, 21,
29, 30, 42, 50,
51, 55, 56,
57, 59, 61,
63, 64, 65, 66,
67, 68, 70,
71, 72, 73, 4,
75, 76, 77,
78, 79, 80, 81,
82, 83, 84
The 1999
Constitution of the Federal Republic of Nigeria (as amended) - - - - - - - -
20, 28
Property and
Conveyance Law of Western Nigeria (cap. 89 LFN) 10
CHAPTERIZATION
Title
page:……………………………………………………………………i
Certification:……………………………………………………………….ii
Acknowledgment:…………………………………………………………iii
Abstract:……………………………………………………………………iv
Table
of Cases:………………………………………………………………v
Table
of Statutes:…………………………………………………………… vi
Abbreviations:……………………………………………………………vii
CHAPTER ONE
General
Introduction
1.0
– Background of the Study………………………………………
1.1 -Statement of the problem…………………………………………….
1.2 Research Objective…………………………………………………….
1.3 – Research Question………………………………………………
1.4 – Methodology/Modus Operandum……………………………………
1.5 – Significance/relevance of the study……………………………
1.6 – Delimitation of the Study/Scope………………………………………
1.7 – Limitation of the Study………………………………………………
CHAPTER TWO
Literature
Review
2.0
-
Meaning of Land……………………………………………………
2.1
- Nature of Land…………………………………………………………
2.2 - Historical background of the Land Use Act,
1978……………………
2.3
– Objective of the Land Use Act, 1978 …………………………………
2.4
– Meaning of Land tenure Under the Land Use Act, 1978……………
2.5
– Land tenure and its negative effect of title holding in Nigeria Under the
1999 Constitution (as amended)…………………………
2.7
– Negative effect of Land tenure to national income……………………
CHAPTER THREE
Title of Land
3.0
–
The modification of Land Use Act, 1978……………………………….
3.1
– Individual land tenure…………………………………………
3.3
– Management of Communal Land…………………………………
3.4
– Members rights………………………………………………………….
3.5
– Family rights……………………………………………………………..
3.6
– The effect of Land tenure……………………………………………….
3.7
– Land ownership under the Land Use Act, 1978…………………………
3.8
– Effect of S. 36(5) of the Land Use Act ……………………………
3.9
– Negative effect on the Gross National Product (GNP)………………
3.10
– Negative effect on Per Capital income…………………………………
3.11
– Negative effect on Politics…………………………………………
3.12
– Negative effect on Community……………………………………
3.13
– Negative effect on individual………………………………………
CHAPTER FOUR
The Governor And
Title to Land
4.0
–
Governor’s Management power Under the Land Use Act, 1978……………….
4.1
– Approval of alienation………………………………………………
4.2
– Issuance of Certificate of occupancy…………………………………
4.3
– Revocation of right of occupancy………………………………………
4.4
– Effect of revocation…………………………………………………
4.5
– Negative effect of revocation on national income………………………
4.6
– Negative effect on employment………………………………………
CHAPTER FIVE
Land Use Act And
Title To Land
5.0
–
Administration of Land Under Land tenure……………………………
5.1
– Delegation of powers under Land
tenure………………………………
5.2
– State and local government relation…………………………………
5.3
– Federal and State relation……………………………………………
5.4
– Land Allocation and Advisory Committee……………………………
CHAPTER SIX
Recommendation
& Conclusion
6.0 -
Conclusion……………………………………………………..
6.1 - Recommendation………………………………………………
CHAPTER ONE
General
Introduction
1.1
Background of
the Study.
Right from time immemorial, land tenure
system is very common or rather is a common practice in our society. Prior to
the European Colonalization of the country, Nigeria, Land tenure system have
been in practice among the indigenous people of Nigeria. Land being the
mainstay for every economic activities of any country. There is, therefore, no
doubt to the fact that effort have to be made towards an effective utilization
of the economy for maximum development and efficiency.
In other to find out whether a country’s
resources is being utilized or not, calculation is made on its national income.
Put differently, the well – being of the people is determined by the rate of
production of goods and services. Thus, if more goods and services are produced
and distributed to the people, their material welfare will increase.
Therefore, the best available indicator
of an economy’s health is its annual total output of goods and services or, as
it is sometimes called, the economy’s aggregate output. The flow of goods and
services is known when it is calculated in terms of money. By way of
definition, national income means the total money value of all the goods and
services produced by a country in one year.[1]
1.2 Statement of the Problem.
Land tenure system which is the system
of land ownership; and acquisition presents a difficult problem to the nation’s
economy. No doubt that the system of acquisition of land either by individual,
family, community, et – cetera, hinders the rate of development. It also
constituted bottleneck to the level of economic activities such as farming,
building, production, et – cetera. And observation discloses that a lot of
waste is being recorded annually in the nations’ economic sector. Evidence
shows that this is as a result of Land holding, nay, land tenure system. Such wastes includes but not limited to waste
of palm fruits, oranges, mango, paw paw, Cashew, bread fruit, oil becalm,
coconut, to mention but these. It leaves no one in doubt that land waste in
general is as well very rampant in our society today. As is deducible through
this research, the Cross National Product (GNP) is badly affected by land
tenure practice. Even individual,
community, or the entire society is not left out by the effect of land tenure
system. The nuance of the effect of land holding is being lamented by Speed C.J
in Leuis V. Bankole[2] …
“ it can be hardly be denied that these ideas as to ownership of property were
entirely unsuitable to modern requirements…. And that sooner or later, either
the legislature of the colony or the court in exercise of its equitable
jurisdiction will have to give the coup – de – grace to the whole”. To be noted
is that the coup-de-grace a used by the erudite judge as provided 70 years
after by the military through the promulgation of the Land Use Decree (now Act)
of 1978.
Furthermore, it is notable that the
unemployment situation in the country is as well an off shoot of land holding.
A lot of firms, company and industries could not be established due to the
water tight nature four land tenure system. This as a result, constrains the
level of economic development, hence, job opportunities are very minimal. On
the long run, it leaves no one in doubt that the resultant effect of mass
unemployment of the youths contributed in no small way to the rapid criminal
activities in our society. The unemployed youths now resorted to rape, drug
abuse, stealing, armed robbery, to mention but these.
1.3 Research Question.
1. What do we understand by Land tenure
system and in what ways do the system effect the National Income?
2. Is there any economic benefit derivable
from the system of land holding
3. Did the Land Use Act (LUA) achieved the
desired result of removing the bottleneck occasioned by the Land tenure system?
4. What are the goals of every nation’s
economy
5. How do the practice of land tenure
system affect these goals.
1.4 Objective of the Study
The
primary focus of this research work includes but never limited to the -
1. Definition of land
2. Definition and explanation of land
tenure system
3. Examination of the problems of the
land tenure system
4. Discussion of the effects of land
tenure system on national income
5. Having a hard look on the position of
the Land Use Act as it affects land tenure system
6. Making of possible suggestions and or
recommendations on how the identified problems should be solved.
Stress should be made on the negative
effect of land tenure system in this research. Reason being that a lot of work
have been done generally on land tenure system, but its attendant effect on the
national income remains untouched.
Relevance of The
Study:-
A
good look into the topic: An examination of the effect of Nigeria Land Tenure
System on national income leaves and indelible picture on the mind of the
scholar, nay, the reader, which mark cannot be easily obliterated. The
important of the research cannot be over emphasized in the making any plan on
the improvement of a country’s national income. The above position is under scored
by having a good look in to the amount of economic waste that is yearly
recorded in the Country as a result of the practice of land tenure system. A
study of this research will in no small way bring to mind the need for a
revisiting of the land Use Act. To give prominence to the above position, let
have a close look on the preamble of the Act: “An Act to vest all Land
comprised in the territory of each State (except Land vested in the Federal
Government or its agencies) solely in the Government of the State, who would
hold such land in trust for the people and would henceforth be responsible for
allocation of land in all urban areas to individuals resident in the state and
to organization for residential, agricultural, commercial and other purposes while
similar powers with respect to non-urban areas are conferred on local
Governments[3].
Delimitation of
the Study:-
By
mere looking at the topic, the scope of this research is meant to cover
Nigeria, though, Enugu State is used as a Case Study. The work will have an
indept look on the land tenure practice in Enugu State. It will as well examine
the position of the Land Use Act, 1978 in relation to land tenure practice in
the State. To be dealt upon is also on the various modifications made so far on
the land tenure system by the Land Use Act, 1978. The research will study the
negative effect of land holding in
Nigeria under the 1999 constitution (as amended).
Generally,
to be treated here is the negative effect of land tenure system on national
income, communal land tenure, individual land tenure, the effect of S. 36(5) of
the Land Use Act, et-cetera. Also a little attention will be paid on some of
the positive effects or the advantages of Land tenure system.
Methodology:-
The
modus operandum to be adopted in the making of this research a success includes
but not restricted to non-doctrinal method of research. It includes the use of
both primary and secondary materials such as text books, journal articles,
internets sources, library based research, case reports, legislation,
historical records and the use of field work or empirical data.
The
inclusion of field work is desirable so as to decipher the nature of waste
incurred yearly by the country. Possibly, an evidence should be gathered
through an interview of some local women that gathers some palm fruits and some
other cash crops that fell out from their mother cash crops that fell out from
their mother tree. This will disclose the nature of waste that is recorded when
we consider the kind of profit these women can possibly derive from such an
exercise. It would expose the kind of income that would have been generated by
proper harvest of the whole fruits when they ripe.
Limitation of
the Study:-
For
want of time, a lot of intended process were unable to be undertaken in this
research work. An example being that the primary aim of choosing the topic is
that a visit should be paid to so many places or areas where an observation
could be carried out to elicit data. But as we one can rightly agree, there is
no much time to carry out proper observation for data collection in the
research. Financial handicap is another problem that constrained the process of
data elicitation for the development of the research. This is true for a lot of
places ought to be visited for the gathering of information. Allied to this, is
the problem of poor road network. As a result, some remote areas were not
accessible for the gathering of the needed information or data. There is no
gainsaying that long strike actions is also a barrier to the development of
this research work.
[1]
Basic Economic Theory And Principles
Sylvester Ike Udaba Ph. D. P. 162
[2]
(1908) I NLR 82.
[3]
The Land Use Act 1978 No. 6
[4]
See S. 3 of Interpretation Act, Cap 89, Law of Federation; and corresponding
prevision in Regional Laws
[5]
The Black’s law Dictionary, Eight Edition
[6]
See. S. 2.
[7]
See Colins English Dictionary.
[8]
B.O Nwabueze “Nigeria Land Law” Nwamife Pulisher Limited Enugu, Nigeria p.3.
[9]
(1963) p. 32
[10]
(1962) p. 13
[11]
(1966) p.45
[12]
(1962) p.1
[13]
o p. cit p.7
[14]
See Fed Govt’s white paper on the Report and Recommendations of information,
Lagos, P.1
[15]
o p. cit, P. 4
[16] Ibid
. P.64
[17]
See Address to the press by the military Governor of Lagos State Commander G.N.
kanu, on the Lagos State Land Use Law delivered on 25th of May,
1978. See also The Land Use Act, 1978. P.1
[18]
[19]
See Prof. M.C Okany “Nigeria law of property P.32
[20]
See S. 28 of the Land Use Act
[21]
See S. 51 (1) of the LUA
[22]
See S. 8 of LUA and S. 5 of same
[23]
Person as used here embraces both man and corporate sole
[24]
S. 43 of the constitution
[25]
See S. 48 of LUA
[26]
See Lewis v. Bankole (Supra)
[27]
See S. 47 of the LUA, 1978.
[28]
See S. 9 (2) of the 199 Constitution (as amended)
[29]
www.collinslanguage.com
[30]
See S. 6 of the Land Use Act.
[31]
Abionye V. Yakubu (1991) SNWLR (pt.190) 130. See also Ogunola v. Eiyekole
(1990) 4 NWLR (pt.146) 632.
[32]
See the preamble of the Land Use Act, 1978.
[33]
Address to the press by the military Governor of Lagos State Commander G.. Kanu
on the Lagos state Land Use Law delivered on 25th, May, 1978.
[34]
See section 2(6) of the LUA.
[35]
See generally S. 47 of the LUA
[36]
See s. 48 of the LUA.
[37]
(1943) 9 WACA 78. 3. W.A.L.C 1048 p. 183
[38]
Chubb. Ibo Land Tenure (1961) p.18
[39]
See also Ewo v. Ani (2004) 3 NWLR (pt. 861) p.611 at 629.
[40]
Ekwuno v. Ifejiaka (1960) S F.S.C is6 at
p. 160. See also Hammond v. U.A.C. Ltd (1936)3 WACA 60. 6 –
[41]
Prof. B.O Nwabueze P. 53
[42]
Meek, Land Tenure and Land Administration in Nigeria (1957) p.129.8. (1960) S
F.S.C. 162, 9 – (1962) 1
ALL NLR.
482.
[43]
(1960) S.F.S.C. 162
[44]
(1962) ALL NLR. 482
[45]
Prof. Allot (Essay in African law) at p. 70.
[46]
Prof. Allot (Essay in African Law) at P.
70
[47]
C.O Olawoye, Title to land in Nigeria (Evans Brothers Ltd) 1974 p. 20 - 26
[48]
(1912)2 NLR, 77
[49]
(1923) 5 NLR, 17
[50]
Amodu v. Tyani (supra)
[51]
See section 42(2) of the 1999 constitution (as amended)
[52]
See S. 7 of the Land Use Act. 3 (19620
LLR 217,
[53]
(1964) 18 NLR 45.
[54]
(1947) 18 NLR 177
[55]
(1947) 18 NLR 177
[56]
See the Black’s Law Dictionary (eight edition),
[57](1989)
NWLR (PT. 97) 254 AT 268,
[58]
P. 17
[59]
(1935) 2 WACA. 290
[60]
Per Graham Paul .J. at 299
[61]
Prof. B.O Nwabueze “Nigerian Land Law”
P. 70 7. Balogun (supra)
[62] Balogun (supra)
[63]Ownership
of land by adverse possession, Myth or Reality in Essay in Honour of justice
K.O Agmah (2nd ed)
p. 1 – 36
[64]
See S.I Udabah, Ph.D “Basic Economic Theory And Principles”. See also Collins
English Dictionary
[65]
See also the judgment of speed. J in Lewi’s V. Bankole (supra).
[66]
See S. 28 of the Land Use Act.
[67]
Lagos State Development Property Corp. & or S V. foreign finance corp.
(1987) 1 NWLR (pt. 58)
[68]
(1974) 1 All Nigeria Law Report Par II, p. 163 at 173
[69]
See S. 36 of the 1999 constitution as amended,
[70]
Chief Adeyemi A. Lawson & ors v. Chief Ayodele Al Ajibulu (1991) 6 NWLR
(pt. 195) 44
[71]
Padfield v. Minister of Agriculture (1968) Ac. 997; See also sub-section (2)
& (3) F S. 28 of the LUA.
[72]
See generally S. 47 of the LUA.
[73]See
S. 2 (1) (a) F LUA.
[74]
See S. 5 (1) (a) & (b)
[75]
See S. 5 (1) (c) & (d)
[76]
See generally S. 5 (1) (d)(i) & (ii); See also S.S (i) (e) – (b) and S. 19
[77]
See S. 5 (1)
[78]
See S. 5 (1)(g)
[79]
See S.5 (1)(h)
[80]
See generally ss. 21 & 22 of the LUA
[81]
[82]
See S.I of the LUA; See also S. 21, 22 and 34 of same
[83]
Registered Trustee of Apostolic church v. Olowoni (1990) 6 NWLR (pt.158) p. 54;
see also Dapub v. kolo (1993) 12 SCNJ P. 1. See S.S (2)
[84]
[85]
“Essay on the Land Use Act (UNILAG Press) at p. 24
[86]
Ut infra; see also S.9 (3) of the Act.
[87]
See S.28 (6)
[88]I.A.
Umezulike “Issues in contemporary Niger land law – (1995) Fourth Dimension
Publication co.ltd Enugu. P. 175.
[89]
I.A Umezulike “issues in contemporary Nigeria Land law
[90] (1995) Fourth Dimension Publication co.ltd
Enugu. P. 175
[91]
See S. 51(1) of the LUA
[92]
(1944) 17 NLR P. 144
[93]
See S.6(5) of the LUA 9. S.6 (6) of the LUA
[94]
See S. 6 (6) of the LUA
[95]
See generally the provisions of S. 29 11 Section 29 (Supra)
[96]
Section 29 (supra)
[97]
See both S. 30 and 47(2) of the Act.
[98]
See S. 32 of the LUA
[99] See S. 33 of Same
[100] See S.
33 (2) of same
[101] See S.
33 (3) of same
[102] See
for example the Lagos State Land use Edict, No. 7 of 1978. Which was later
repealed in 1979 by Edict No. 14 of 1979, entitled Land Use (Repeal) Edict,
1979.
[103] Please take note that the above quotation
mark is for the purpose of stress and emphasis on the point by myself.
[104] Suit
LD/372/81
[105] See S.
5 (2) LUA
[106] S. 28
(2) (b) & (3)
[107] See
also the public land Acquisition Act, Cap 167 (1990)