THE RIGHT OF A FOREIGNER TO OWN LAND IN NIGERIA

Abstract

The Land Use Act in section 11 vests in the Governor of each the power to hold and administer the lands in the state for the use and common benefit of all Nigerians. The question is, whether the phrase; ‘for the use and common benefit of all Nigerians’ exclude Non – Nigerians or Foreigners or aliens from owing land in Nigeria with the coming into force of the Land Use Act, 1978. This is what this paper seeks to explore. It concludes that non-Nigerians or foreigners are not entitled to own any land or landed property in Nigeria. It further concludes that if a Non – Nigerian wants to own any land in Nigeria, before the coming into force of the Land Use Act, 1978, he must seek the consent of the Governor of the state, according to the Acquisition of Land by Alien Law of the various states. However, despite the laws, the Land Use Act, being a Federal Act, has already covered the field relating to land and that it completely excludes non – Nigerians or aliens from owing land in Nigeria.