Abstract
Land is widely one of the most important and contested resources in
Nigeria. Its economic, cultural, and political significance has
made it a central issue in areas such as private investment,
community relations and governance. Unfortunately, land ownership
in Nigeria is often plagued in uncertainty, with multiple claims
and legal ambiguities that lead to a high volume of title disputes.
This Article discusses Land ownership (Land Tenure system) and
title disputes in Nigeria, focusing mainly on the legal framework
regulating land ownership in Nigeria, with particular emphasis on
the Land Use Act of 1978, the implications of
customary land tenure, and the crucial processes involved in
verifying land titles. It further identifies the root causes of land title disputes and offers recommendations for
systemic reform to address these issues.
Historical Development of Land Tenure in Nigeria
The land tenure system in Nigeria has a rich history that can be divided into three significant periods: the pre-colonial era, the colonial era (which saw the introduction of English law), and the post-colonial era (characterised by Nigerian legal frameworks). During the pre-colonial period, land was primarily governed by customary law. In this system, ownership was communal rather than individualistic. Families or entire communities collectively held land, with heads of families or traditional leaders exercising control on behalf of the group. Rights to use the land were allocated based on lineage and community membership, meaning individual rights to farm or build were always subject to customary norms and practices.
During the colonial era, the introduction of English legal principles significantly altered the traditional order, particularly in urban areas. This transformation led to the development of a dual legal system, where English land law coexisted with indigenous customary laws. The implementation of Crown land doctrines and the issuance of certificates of occupancy began to formalise landholding, but also resulted in inconsistencies and confusion regarding ownership rights. Notable among the legislative changes were the Public Lands Ordinance (1903, 1918), which granted the government the authority to compulsorily acquire land for public purposes, and the Crown Lands Ordinance (1902), which vested unallocated lands in the Crown. Furthermore, the Native Lands Acquisition Ordinance of 1917 restricted foreigners from acquiring native lands without government approval, marking a significant shift in land ownership dynamics. Principles from English common law and equity, such as fee simple, leasehold, and trusts, were integrated into the legal framework through Reception clauses in colonial statutes, notably in the Supreme Court Ordinance of 1876 and the Interpretation Ordinance of 1914. Additionally, the Town and Country Planning Ordinance of 1946 introduced urban planning and zoning regulations.
As a result, a dual land tenure system emerged, where customary law governed rural areas while English statutory law applied in urban or Crown-controlled regions. This framework has laid the groundwork for many of the modern land administration challenges faced in Nigeria today.
Before the enactment of the Land Use Act of 1978, Nigeria had several land laws aimed at regulating land ownership and administration. These included the State Lands Laws, enacted by regional governments to manage state-owned land, and the Public Lands Acquisition Act, which allowed the government to compulsorily acquire land for public purposes with compensation provided. The Government Lands Act governed land held by the federal government, while the Registration of Titles Act and various Land Instruments Registration Laws sought to formalise land transactions and reduce disputes through registration. Additionally, the Native Rights Ordinance of 1916, particularly in Northern Nigeria, placed all native lands under government control to be held in trust for the people. Together, these laws, along with customary land practices, created a fragmented system that the Land Use Act later aimed to unify.
The Land Use Act 1978
The Land Use Act of 1978 was enacted to harmonise land tenure across the country. Under this law, all land in each state, except for land owned by the Federal Government or its agencies, is vested in the Governor, who holds it in trust for the people. Individuals and corporate entities can only acquire rights of occupancy, either statutory or customary, which are granted by the Governor or the Local Government, respectively. The Act requires that any transfer of interest in land, including assignments and mortgages, must receive the Governor's consent; failure to obtain this renders the transaction null and void. Although the Act was intended to simplify land administration, it has also introduced bureaucratic obstacles and centralised power, which often impedes efficiency.
Customary law
Customary law continues to be prominent, especially in rural areas where traditional norms dictate land relations. While this framework provides accessibility and flexibility, it is often unwritten and based on oral history and traditions, which can lead to uncertainty and competing claims. Transactions carried out under customary law may not be formally documented or registered, thus increasing the risk of future disputes.
Case Laws
Judicial pronouncements have been instrumental in interpreting the interconnected systems governing land title in Nigeria. The case of Idundun v. Okumagba (1976) 9-10 SC 227 remains the locus classicus on the methods of proving land title in Nigeria. In this landmark ruling, the Supreme Court identified five ways by which land title may be established: through traditional evidence based on first settlement; by the presentation of properly executed title documents; by acts of ownership extending over a sufficient period; through long possession and enjoyment of the land; and by proving possession of adjacent land under certain circumstances. The Court emphasised that a claimant does not need to prove all five methods; establishing just one of them, if convincingly demonstrated, is sufficient.
Modes of acquiring Land title in Nigeria
In Nigeria, land title can be acquired through various means, including government allocation, private purchase, inheritance, donation, or long-term possession under the doctrine of adverse possession. Ownership is typically evidenced by documents such as certificates of occupancy, deeds of assignment, leases, gifts, survey plans, and occasionally court orders or vesting instruments. However, having these documents does not always guarantee a conclusive title, particularly if there have been procedural lapses or if consent requirements were not properly followed.
Common causes of Land title disputes
The frequency of land disputes can be attributed to a number of recurring issues. Common among these are the double or multiple sales of the same land parcel by unscrupulous vendors, use of forged or defective documents, lack of proper family or community consent in customary transactions, conflicting survey boundaries, government acquisition or revocation, and undisclosed legal encumbrances. These issues often emerge when due diligence has not been adequately carried out.
Due Diligence for a valid title transfer upon purchase of Land
It is imperative for prospective purchasers and investors to conduct thorough title verification before engaging in any land transaction. This process usually involves physically inspecting the property, conducting searches at the relevant Land Registry, and confirming with the Surveyor-General's Office to ensure that the land is not under acquisition or reserved for public use. Additionally, it is important to review the Governor's consent when applicable. For cases involving customary titles, obtaining confirmation from the community and family is essential. Engaging legal professionals to oversee these procedures can greatly minimise the risk of disputes and ensure proper documentation.
Dispute Resolution Mechanisms
When disputes arise, there are several ways to resolve them, including litigation, alternative dispute resolution (ADR), or administrative intervention. While litigation remains the formal route for land disputes, it is often time-consuming and expensive. ADR mechanisms, such as mediation and arbitration, offer more flexible, confidential, and expedient options. In certain rural settings, petitions to traditional rulers, community leaders, or land commissions may also be effective. However, these options may not have the same enforceability as court rulings.
Recommendations for Legal and Institutional Reform
For Nigeria to effectively address its recurrent land title crises, certain legal and institutional reforms are necessary. A key reform is the digitisation of land registries, which would promote transparency and help prevent forgery. Additionally, there is a need to harmonise statutory and customary land systems by integrating traditional land rights into formal registration processes. Amending the Land Use Act would help mitigate many current challenges, such as the over-centralisation of land ownership by the government, bureaucratic obstacles like the requirement for Governor's Consent on all land transactions, vague and inconsistent provisions within the Act, and issues related to possessory rights for holders of Certificates of Occupancy. It could also address conflicts with customary land rights, inadequate compensation for compulsory acquisition, and the rigidity of the amendment processes. Moreover, public education and legal literacy campaigns should be intensified to raise awareness about the importance of proper documentation. Establishing specialised land tribunals with jurisdiction over land matters could expedite resolution and alleviate the burden on conventional courts. Finally, implementing laws like the Lagos State Land Grabbing Law would help curb fraudulent practices in land transactions and protect property owners in Nigeria.
Conclusion
In conclusion, land ownership in Nigeria is governed by a mix of customary practices and statutory regulations. Although the Land Use Act established a central framework, there are numerous deficiencies and significant gaps in its implementation, record keeping, and enforcement. As disputes continue to arise, it is essential to focus on proper title verification and proactive legal compliance. Legal practitioners have a responsibility to guide their clients through the complexities of land transactions, advocate for reforms, and push for a more coherent and efficient land administration system. By taking these concerted actions, Nigeria can unlock the full potential of its land resources for sustainable development and economic empowerment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
