A CRITICAL APPRAISAL OF THE PRACTICAL IMPLICATIONS OF THE NATIONALIZATION POLICY UNDER THE LAND USE ACT

Abstract

Land is an indispensable part of every society and constitutes a subject of controversy among persons of different strata in every society. In Nigeria, the promulgation of the Land Use Act of 1978 has generated a lot of controversies both in juristic and academic circles as it brought about many innovations in the use and enjoyment of land. One seemingly controversial aspect of the Land Use Act has to do with the nationalization policy as well as the practical implications of the said policy. It is settled that by virtue of section 1 of the Act, all land comprised in the territory of each state of the federation is vested in the Governor of that state to be held in trust and administered for the use and common benefit of all Nigerians in accordance with the provisions of the Act. This provision of the Act when read in conjunction with other provisions of the Act has serious implications and land use and administration in Nigeria. In the light of the foregoing, this work undertook a critical examination of the practical and legal implications of the nationalisation policy vis-à-vis the concept of land use and administration under the current Nigerian land law regime. The work found that though the nationalization policy was intended to be for the benefit of all Nigerians, it also produced wide and negative legal and practical implication on individual land rights. In response, the study proposes an amendment to some provisions of the Land Use Act so as to ensure the security of individual land rights as enshrined under Sections 43 and 44 of the Constitution of the Federal Republic of Nigeria as well as ensure the furtherance of sustainable development in the area of Nigerian land law.