Originally enacted in 1978, the Land Use Act was designed to harmonize Nigeria’s varied land tenure systems and ensure easier access to land for public infrastructure development. Nearly five decades later, however, concerns are growing over its effectiveness and relevance in today’s economic and legal climate.
According to Abuja-based estate surveyor and valuer, Esv. Adamu Kasimu, the Act has failed to live up to its purpose due to flawed implementation and systemic contradictions.
He points out that while the law positions state governors as trustees of all land for every Nigerian, not just indigenes, this principle is rarely upheld in practice. “In many states, people are denied rights to land simply because they are considered non-indigenes,” he noted.
The Act’s entrenchment in Nigeria’s Constitution makes it especially hard to amend, as any change must follow the rigorous constitutional amendment process. Complicating matters further, certain clauses within the Land Use Act seem to conflict with constitutional rights. For instance, while Section 44 of the Constitution guarantees citizens’ rights to property and access to courts, the Act sidelines this right by vesting final authority in state land allocation committees during disputes over compensation for acquired land.
Kasimu also flagged inconsistencies in land transactions. “The Act requires prior approval from a governor before transferring property rights, but thankfully, courts have interpreted this provision more flexibly, allowing such transactions to be valid as long as they are registered.”
Even routine procedures like revoking land for non-payment of rent, often carried out without proper notice, create insecurity and discourage investment, he said.
According to Kasimu, every section of the Act—from 1 through 55—deserves a thorough review, particularly with regard to how land ownership is classified. The Act currently outlines several categories: Statutory Right of Occupancy (granted by governors), Customary Right of Occupancy (issued by local government chairs), Deemed Rights (for ancestral homes), and Federal Lands (recognized from pre-1978).
He also argued that land, one of the four pillars of production alongside labour, capital, and entrepreneurship, lacks institutional representation. “We have ministries for Labour, Finance, Trade and Investment—but nothing specifically dedicated to land. Instead, we lump land issues under Housing, which misses the point entirely,” he said.
Kasimu emphasized that until land administration is prioritized through structural reform and institutional recognition, Nigeria will continue to face policy inconsistencies and underutilization of one of its most critical assets.
