IMPLICATIONS OF RESTRICTIONS ON ALIENATION OF LAND UNDER THE LAND USE ACT 1978

Abstract

The importance of land in the development of any nation cannot be over emphasized. This is predicated on the fact that most developmental activities of the government are done on land and its use and administration are a veritable source of revenue for the government. The Land Use Act (1978) introduced the right of occupancy system and restricts persons to alienate same only with the Governor’s consent. In the light of the fact that most developments require the acquisition of land, this work undertakes a critical examination of the restrictions placed on alienation of land under the Act with a view to ascertaining their implications on the development of the country. It utilized the doctrinal methodology which entailed the analysis of relevant case law, statutory provisions, texts and journal articles. This work found that the said restrictions have serious negative implications for commercial and agricultural developments. Consequently, the work recommends an amendment of the Act to avert the said negative implications.