Resolving the Problem of Land Ownership in Nigeria

Abstract

Land use is generally possible where the holder of land possesses some form of ownership rights or acquires some sort of user rights and is regulated by the existing land tenure system. The land tenure system consists of the rights and institutions that govern access to and use of land and involves a system of rights, duties and responsibilities concerning the use, transfer, alienation and ownership security of land. The land tenure system in a country is largely dependent on its legal system. In Nigeria, three legal systems exist: the common law legal system, the customary law legal system, and the religious or Islamic legal system. These legal systems are operated through a federal government, 36 state governments and 774 local governments. The scope of this article excludes the Islamic legal system. Nigerian judicial decisions and legislation, which are modelled on English law as a result of Nigeria’s colonial links to the United Kingdom of Great Britain and Northern Ireland, fall within the common law legal system and apply to the whole country through the federal and state governments. Customary law, which consists largely of unwritten rules derived from the culture and customs of various indigenous communities and tribes, applies amongst the various communities in Nigeria and through state and local governments.

Keywords: Legal systems Common law, Customary law, Nigeria, Title to land, Legal Pluralism, Volksgeist theory, Land Use Act 1978, Land ownership