Land remains the epicenter of every nation’s economy upon which other activities revolves. Man’s right of occupancy or acquisition of land can be traced back to the time of creation. In Gen 2:15 Again, the importance attached to land by man cannot be over emphasized. The inalienable nature of land is as well taken cognizance of in our society. The Bible presents us a Scenario on how the poor Naborth refused to alienate his small garden refused to King Ahab not minding the exorbitant price he offered. The above event buttresses the point that the history of land ownership (Land tenure system) is traceable to the period of antiquity.
That is, from time immemorial. In any case, this research is aimed at x-raying the operation of land tenure system and its attendance negative impact on the national income – using Enugu State as a case study. Therefore, the focus is on how land tenure system operates in Enugu State and the corresponding negative effect it occasioned to the national income of the Country, Nigeria. The modus Operandi employed here, however, includes but not limited to research (internet and library work) observation, empirical work, et – cetera. The work contains chapterization as road – map. In its Chapter one, a general introduction was made. While Chapter two took time to talk on the meaning and nature of land. It further discusses the historical evolution of the Land Use Act, 1978 and its objectives. Chapter three discusses the modification made on the Land Use Act, effect of Land tenure, the effect of 5.36(5) of the Land Use Act, the negative effect of Land tenure on Gross National product (GNP) et-cetera. The fourth Chapter examines the Governor’s power under the Land Use Act, etc. And finally, the last Chapter which is Chapter five deals with the administration of land under land tenure, delegation of powers under the Land tenure, et cetera. And Chapter six ends the research work with conclusions, recommendations, et – cetera.
Registered Trustee of Apostolic Church v. Olowoni (1990) 6 NWLR (pt. 158)p. 54 – – – – – – — – – – 62
Dapu v. Poku – – – – – – – – – 3, 26
Lewis v Benakole (1908) 1 NLR 52 – – – – – – 27
Abionye v. Yakubu (1991) 5 NWLR (pt. 190) 130 – – – 27
Ogunola v. Eiyekole (1990) 4 NWLR (pt.146)632 – – – 27
Kadiri Balogun v. Amanu Balogun (1943)9WACA 78 – – 31
Okorie v. Udoma (1962) ALL NLR 482 – – – – – 33
Adewokoyin v. Adeyeye (1963)1 All WLR 52 – – – – 34, 38
Oragbade v. Onitiji (1962)1 ALL NLR, 32, 37 – – – – 34
Onisowo v A.G. Southern Nigeria (1912)2 NLR, 77 – – – 35
Omagbemi v Numa (1923)5 NLR, 17 – – – – – 35
Amudu v Tijani – – – – – – – – – 36
Odusi v Bolajis (1964)18 NLR 45 – – – – – – 39
Osuro v Anyorin (1947)18 NLR 177 – – – – – 40
Archibong v Archibong (1947) 18 NLR 177 – – – – 40
Chinweze v Masi (1989) NWLR (pt. 97) 254 at 268 – – – 40
Balogun v Balogun (1935)2 WACA 290 – – – – – 41
Ereku v The Military Governor Mid Western State & Anor
(1974) 1 ALL NLR pt. 11 p.163 at 173 – – – – – 49
Lagos State Development Property Corp & Ors v. Foreign Finance Corp (1987)1 NWLR (pt. 58) – – – – – – – – 49
Ewo v. Ani (2004)3 NWLR (pt.861)p.611 at 629 – – – 31
Maroko v Lagos State Government – – – – – – 51
Gonko v Ugochukwu – – – – – – – 62
Padfield v. Minister of Agriculture (1995) Fourth Dimension Publication Co. Ltd Enugu p.175 – – – – – – – – – 64
A. G. Federation v. NEPA (Suit LD/372/81) – – – 79, 80
Hammond v. U. A. C. Ltd (1936) 3 WACA 60 – – – – 32
Chief Commissioner of Eastern Province v. Ononye & Ors (1944)17 NLR p. 144 – – – – – – – – – 66
The Land Use Act, 1978 – – – – – — -3, 7, 21,
29, 30, 42, 50, 51, 55, 56,
57, 59, 61, 63, 64, 65, 66,
67, 68, 70, 71, 72, 73, 4,
75, 76, 77, 78, 79, 80, 81,
82, 83, 84
The 1999 Constitution of the Federal Republic of Nigeria (as amended) – – – – – – – – 20, 28
Property and Conveyance Law of Western Nigeria (cap. 89 LFN) 10
Title page:……………………………………………………………………i
Certification:……………………………………………………………….ii
Acknowledgment:…………………………………………………………iii
Abstract:……………………………………………………………………iv
Table of Cases:………………………………………………………………v
Table of Statutes:…………………………………………………………… vi
Abbreviations:……………………………………………………………vii
CHAPTER ONE
General Introduction
1.0 – Background of the Study………………………………………
1.1 -Statement of the problem…………………………………………….
1.2 Research Objective…………………………………………………….
1.3 – Research Question………………………………………………
1.4 – Methodology/Modus Operandum……………………………………
1.5 – Significance/relevance of the study……………………………
1.6 – Delimitation of the Study/Scope………………………………………
1.7 – Limitation of the Study………………………………………………
Literature Review
2.0 – Meaning of Land……………………………………………………
2.1 – Nature of Land…………………………………………………………
2.2 – Historical background of the Land Use Act, 1978……………………
2.3 – Objective of the Land Use Act, 1978 …………………………………
2.4 – Meaning of Land tenure Under the Land Use Act, 1978……………
2.5 – Land tenure and its negative effect of title holding in Nigeria Under the 1999 Constitution (as amended)…………………………
2.7 – Negative effect of Land tenure to national income……………………
Title of Land
3.0 – The modification of Land Use Act, 1978……………………………….
3.1 – Individual land tenure…………………………………………
3.3 – Management of Communal Land…………………………………
3.4 – Members rights………………………………………………………….
3.5 – Famil
y rights……………………………………………………………..
3.6 – The effect of Land tenure……………………………………………….
3.7 – Land ownership under the Land Use Act, 1978…………………………
3.8 – Effect of S. 36(5) of the Land Use Act ……………………………
3.9 – Negative effect on the Gross National Product (GNP)………………
3.10 – Negative effect on Per Capital income…………………………………
3.11 – Negative effect on Politics…………………………………………
3.12 – Negative effect on Community……………………………………
3.13 – Negative effect on individual………………………………………
The Governor And Title to Land
4.0 – Governor’s Management power Under the Land Use Act, 1978……………….
4.1 – Approval of alienation………………………………………………
4.2 – Issuance of Certificate of occupancy…………………………………
4.3 – Revocation of right of occupancy………………………………………
4.4 – Effect of revocation…………………………………………………
4.5 – Negative effect of revocation on national income………………………
4.6 – Negative effect on employment………………………………………
Land Use Act And Title To Land
5.0 – Administration of Land Under Land tenure……………………………
5.1 – Delegation of powers under Land tenure………………………………
5.2 – State and local government relation…………………………………
5.3 – Federal and State relation……………………………………………
5.4 – Land Allocation and Advisory Committee……………………………
Recommendation & Conclusion
6.0 – Conclusion……………………………………………………..
6.1 – Recommendation………………………………………………
1.1 Background of the Study.
Right from time immemorial, land tenure system is very common or rather is a common practice in our society. Prior to the European Colonalization of the country, Nigeria, Land tenure system have been in practice among the indigenous people of Nigeria. Land being the mainstay for every economic activities of any country. There is, therefore, no doubt to the fact that effort have to be made towards an effective utilization of the economy for maximum development and efficiency.
In other to find out whether a country’s resources is being utilized or not, calculation is made on its national income. Put differently, the well – being of the people is determined by the rate of production of goods and services. Thus, if more goods and services are produced and distributed to the people, their material welfare will increase.
Therefore, the best available indicator of an economy’s health is its annual total output of goods and services or, as it is sometimes called, the economy’s aggregate output. The flow of goods and services is known when it is calculated in terms of money. By way of definition, national income means the total money value of all the goods and services produced by a country in one year.
1.2 Statement of the Problem.
Land tenure system which is the system of land ownership; and acquisition presents a difficult problem to the nation’s economy. No doubt that the system of acquisition of land either by individual, family, community, et – cetera, hinders the rate of development. It also constituted bottleneck to the level of economic activities such as farming, building, production, et – cetera. And observation discloses that a lot of waste is being recorded annually in the nations’ economic sector. Evidence shows that this is as a result of Land holding, nay, land tenure system. Such wastes includes but not limited to waste of palm fruits, oranges, mango, paw paw, Cashew, bread fruit, oil becalm, coconut, to mention but these. It leaves no one in doubt that land waste in general is as well very rampant in our society today. As is deducible through this research, the Cross National Product (GNP) is badly affected by land tenure practice. Even individual, community, or the entire society is not left out by the effect of land tenure system. The nuance of the effect of land holding is being lamented by Speed C.J in Leuis V. Bankole … “ it can be hardly be denied that these ideas as to ownership of property were entirely unsuitable to modern requirements…. And that sooner or later, either the legislature of the colony or the court in exercise of its equitable jurisdiction will have to give the coup – de – grace to the whole”. To be noted is that the coup-de-grace a used by the erudite judge as provided 70 years after by the military through the promulgation of the Land Use Decree (now Act) of 1978.
Furthermore, it is notable that the unemployment situation in the country is as well an off shoot of land holding. A lot of firms, company and industries could not be established due to the water tight nature four land tenure system. This as a result, constrains the level of economic development, hence, job opportunities are very minimal. On the long run, it leaves no one in doubt that the resultant effect of mass unemployment of the youths contributed in no small way to the rapid criminal activities in our society. The unemployed youths now resorted to rape, drug abuse, stealing, armed robbery, to mention but these.
1.3 Research Question.
1. What do we understand by Land tenure system and in what ways do the system effect the National Income?
2. Is there any economic benefit derivable from the system of land holding
3. Did the Land Use Act (LUA) achieved the desired result of removing the bottleneck occasioned by the Land tenure system?
4. What are the goals of every nation’s economy
5. How do the practice of land tenure system affect these goals.
1.4 Objective of the Study
The primary focus of this research work includes but never limited to the –
1. Definition of land
2. Definition and explanation of land tenure system
3. Examination of the problems of the land tenure system
4. Discussion of the effects of land tenure system on national income
5. Having a hard look on the position of the Land Use Act as it affects land tenure system
6. Making of possible suggestions a
nd or recommendations on how the identified problems should be solved.
Stress should be made on the negative effect of land tenure system in this research. Reason being that a lot of work have been done generally on land tenure system, but its attendant effect on the national income remains untouched.
Relevance of The Study:-
A good look into the topic: An examination of the effect of Nigeria Land Tenure System on national income leaves and indelible picture on the mind of the scholar, nay, the reader, which mark cannot be easily obliterated. The important of the research cannot be over emphasized in the making any plan on the improvement of a country’s national income. The above position is under scored by having a good look in to the amount of economic waste that is yearly recorded in the Country as a result of the practice of land tenure system. A study of this research will in no small way bring to mind the need for a revisiting of the land Use Act. To give prominence to the above position, let have a close look on the preamble of the Act: “An Act to vest all Land comprised in the territory of each State (except Land vested in the Federal Government or its agencies) solely in the Government of the State, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the state and to organization for residential, agricultural, commercial and other purposes while similar powers with respect to non-urban areas are conferred on local Governments.
Delimitation of the Study:-
By mere looking at the topic, the scope of this research is meant to cover Nigeria, though, Enugu State is used as a Case Study. The work will have an indept look on the land tenure practice in Enugu State. It will as well examine the position of the Land Use Act, 1978 in relation to land tenure practice in the State. To be dealt upon is also on the various modifications made so far on the land tenure system by the Land Use Act, 1978. The research will study the negative effect of land holding in Nigeria under the 1999 constitution (as amended).
Generally, to be treated here is the negative effect of land tenure system on national income, communal land tenure, individual land tenure, the effect of S. 36(5) of the Land Use Act, et-cetera. Also a little attention will be paid on some of the positive effects or the advantages of Land tenure system.
Methodology:-
The modus operandum to be adopted in the making of this research a success includes but not restricted to non-doctrinal method of research. It includes the use of both primary and secondary materials such as text books, journal articles, internets sources, library based research, case reports, legislation, historical records and the use of field work or empirical data.
The inclusion of field work is desirable so as to decipher the nature of waste incurred yearly by the country. Possibly, an evidence should be gathered through an interview of some local women that gathers some palm fruits and some other cash crops that fell out from their mother cash crops that fell out from their mother tree. This will disclose the nature of waste that is recorded when we consider the kind of profit these women can possibly derive from such an exercise. It would expose the kind of income that would have been generated by proper harvest of the whole fruits when they ripe.
Limitation of the Study:-
For want of time, a lot of intended process were unable to be undertaken in this research work. An example being that the primary aim of choosing the topic is that a visit should be paid to so many places or areas where an observation could be carried out to elicit data. But as we one can rightly agree, there is no much time to carry out proper observation for data collection in the research. Financial handicap is another problem that constrained the process of data elicitation for the development of the research. This is true for a lot of places ought to be visited for the gathering of information. Allied to this, is the problem of poor road network. As a result, some remote areas were not accessible for the gathering of the needed information or data. There is no gainsaying that long strike actions is also a barrier to the development of this research work.
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