NATURE OF LAND OWNERSHIP UNDER THE LAND USE ACT: A RETROSPECTIVE EXAMINATION

Abstract

Human society world over is heavily dependent on land and its resources because, whether as a factor ofproduction or a store of value and wealth; or the platform upon which homes are built or roads are constructed,it is a veritable tool for human existence and national development and therefore an indispensable part of everysociety. While it is generally accepted that its scope and nature are not easily discernible, it is also generallyaccepted, that every legal system has its own meaning given to ownership of land. Since its promulgation onMarch 29th 1978, the Land Use Act has generated a lot of controversies both in juristic and academic circles;more so, as it brought about many innovations in the use and enjoyment of land. The controversy is evenheightened by the fact that the Act does not contain an exhaustive provision for the regulation of land and landrights but allows for the application of common law, customary law and other laws that operated prior to thepromulgation of the Act. One seemingly controversial aspect of the Land Use Act is the nature of land rightintroduced under the Act. It is settled that under the Act, all land comprised in the territory of each state of thefederation is nationalised and vested in the Governor of that state who now grants a right of occupancy to thepeople. However, these provisions of the Act when read in conjunction with other provisions of the Act leaves onein doubt as to the highest or most comprehensive right or relations that may exist in land in favour of the people.It is against the foregoing background that this work undertook an examination of the nature of land ownershipunder the Act. The work found that the nature of land ownership introduced under the Act is sui generis.