UNIT 1

INTRODUCTION AND HISTORICAL EVOLUTION OF LAND LAW IN NIGERIA

Land law in Nigeria has undergone significant changes from pre-colonial times to the present day. Originally, land ownership and use were governed by customary laws, which varied among different ethnic groups. These customary laws were based on traditions and the social structure of each community, where land was typically held by families, communities, or chiefs on behalf of the people. With the advent of British colonial rule in the late 19th century, English land law began to influence Nigerian land tenure systems. The British introduced formal legal frameworks and documentation processes that were foreign to the customary systems. The colonial government enacted several laws, such as the Land and Native Rights Ordinance of 1916, which centralized land administration under the control of the colonial authorities. Post-independence, Nigeria sought to harmonize and modernize its land laws to address issues of land ownership, use, and management. The most significant reform came with the Land Use Act of 1978, which aimed to unify land tenure systems and make land more accessible for development. The Act vested all land in each state of the federation in the governor, who holds it in trust for the people and is responsible for allocating land for residential, agricultural, commercial, and other purposes. See the case of Abioye v. Yakubu (1991) 5 NWLR (Pt. 190) 130 which highlighted the interaction between customary land tenure and the Land Use Act, particularly regarding the rights of customary tenants, the case of Madu v. Madu (2008) 6 NWLR (Pt. 1083) 296 where the Supreme Court addressed issues related to the validity of customary land transactions and the impact of the Land Use Act on such transactions and the case of Ogunleye v. Oni (1990) 2 NWLR (Pt. 135) 745 which dealt with the recognition of customary rights of occupancy and their coexistence with statutory rights. See also the Land Use Act, 1978 which is the cornerstone of land law in Nigeria, regulating the administration and management of land, the Conveyancing Act which provides guidelines for the transfer of land and property transactions and the Property and Conveyancing Law which governs the conveyance and transfer of property, including land transactions in various states.

SOURCES OF NIGERIAN LAND LAW

1. Customary law: Customary law remains a significant source of land law in Nigeria, especially in rural areas. It is unwritten and varies widely among different ethnic groups. Customary law governs land tenure, inheritance, and use based on traditional practices and norms.
2. The constitution: The Constitution of the Federal Republic of Nigeria (1999, as amended) provides a fundamental legal framework for land law. It includes provisions on property rights, the right to acquire and own property, and the limitations on these rights.
3. Statutes: Several statutes form the bedrock of land law in Nigeria, the most prominent being the Land Use Act of 1978. Other relevant statutes include the Conveyancing Act, Property and Conveyancing Law, and various state laws that regulate land transactions and administration.
4. Judicial precedents: Judicial decisions play a crucial role in interpreting and applying land laws in Nigeria. Courts rely on past judgments to resolve disputes and clarify ambiguities in the law. See the case of Abioye v. Yakubu (1991) 5 NWLR (Pt. 190) 130 which have been pivotal in shaping land law jurisprudence.
5. English law: As a former British colony, Nigeria inherited aspects of English common law and equity. These principles continue to influence Nigerian land law, particularly in areas not covered by customary law or statutes.

LEGAL CONCEPT OF LAND

In Nigerian law, land is broadly defined to include not only the physical surface but also the subsoil, airspace, and any fixtures attached to it. The legal concept of land encompasses various interests and rights, such as:

1. Ownership: Ownership of land implies the right to possess, use, and dispose of the land. Under the Land Use Act, ultimate ownership of all land in a state is vested in the governor, who allocates rights of occupancy to individuals and organizations.
2. Possession: Possession refers to the physical control or occupation of land. It is a crucial element in establishing rights over land, particularly under customary law.
3. Tenure: Tenure describes the terms and conditions under which land is held. In Nigeria, land tenure systems include freehold, leasehold, and customary tenure.
4. Interests in land: Interests in land can be legal or equitable. Legal interests are those recognized by law, such as ownership or leasehold rights. Equitable interests arise from principles of fairness and justice, such as trusts or rights arising from an agreement to transfer land.

TERMINOLOGY

1. Certificate of occupancy (C of O): this is a document issued by the state governor under the Land Use Act, granting a person the right to occupy and use land for a specified period, usually 99 years for residential purposes.
2. Right of occupancy: this is a legal right to use and occupy land, granted by the governor. There are statutory rights of occupancy (granted by the government) and customary rights of occupancy (recognized under customary law).
3. Alienation: this is the transfer of ownership or rights in land from one person to another. This includes sale, lease, mortgage, or gift of land.
4. Deed: this is a legal document that evidences the transfer of rights in land. Common types of deeds include deeds of assignment, leases, and mortgages.
5. Encumbrance: this is a claim, lien, charge, or liability attached to and binding real property, such as a mortgage or easement.

IMPLICATION OF THE DUALITY OF LAWS

The coexistence of customary law and statutory law in Nigerian land law creates a dual legal system with several implications:

1. Conflict of laws: this is where the duality often leads to conflicts between customary and statutory laws, especially when determining land ownership and rights. These conflicts can result in prolonged legal battles and uncertainties.
2. Access to justice: this is where navigating the dual legal system can be complex and costly, posing challenges for individuals seeking to enforce their land rights. Access to justice may be hindered by the need to understand and apply both customary and statutory laws.
3. Legal pluralism: this is where the duality reflects Nigeria's legal pluralism, where multiple legal systems coexist. This diversity can be an advantage, allowing for flexibility and accommodation of different cultural practices, but it also requires careful harmonization to prevent inconsistencies.
4. Land administration: this is where the dual legal system impacts land administration, as authorities must consider both customary and statutory frameworks when processing land transactions. This can complicate land registration, titling, and dispute resolution processes.
5. Recognition of customary rights: this is where despite the dominance of statutory law, customary land rights remain significant, particularly in rural areas. Courts often recognize and enforce these rights, provided they do not conflict with statutory provisions or principles of natural justice.

CONCLUSION

By understanding these elements, one can appreciate the complexities and dynamics of land law in Nigeria, reflecting the country's legal pluralism and evolving land administration frameworks.