Abstract
The Land Use Act of 1978 (LUA) has failed to achieve some of its objectives. The rural poor and the vulnerable are those most affected. The failure is ascribed to problems inherent in the Act and poor implementation. This paper discusses the effect of the LUA on the customary ownership of land and its effect on the tenure security of the rural poor. Using a conceptual framework for guiding cadastral systems development, the critical areas of the LUA as pertains to tenure security are analysed for the degree of their success, sustainability, and significance. The framework looks at the underlying theory, the drivers of change, the change process, and the land administration system. A mixed methodology approach was adopted for the study, using a single case study. Three groups of respondents contributed to the study: land professionals, civil servants and students. The study found that securing title to land is difficult, compensation provisions need to be reviewed, formal land registration is not in the interest of the poor, land is not available at an affordable rate, land speculators are still active in Nigerian land markets, the composition of the two committees is inadequate, and the refusal to grant certificates to people below the age of 21 is age biased. It further revealed that the power granted to the governor is enormous and unnecessary. The findings showed that the LUA is both effective in some areas and dysfunctional in others. This is because of the age of the Act and the lack of a pro-poor policy focus. Based on these findings recommendations were made, including that a new policy be enacted that includes pro-poor policies and customary laws. The LUA is found to be useful in urban areas, but not in solving land-related problems in rural areas. This study provides an understanding of the legal holding of land in Nigeria.
Highlights
Land is the primary asset of the rural poor in Nigeria, where 80% of the population are peasant farmers.[1]
It is recommended that the Land Use Act of 1978 (LUA) be reviewed, in the areas examined in this study
Upon the review of the LUA, it is essential that the implementation procedures be included as regulations in the Act
Summary
Land is the primary asset of the rural poor in Nigeria, where 80% of the population are peasant farmers.[1] When the LUA was promulgated in 1978, the Nigerian population was 69 million.[2] Four decades later the Nigerian population is 193 million.[3] As the population increases, the demand for land increases; land tenure security is vital to the growing population of Nigeria. The economy of a country depends on this natural asset. Land policy affects the economy of a nation either positively or negatively depending on how effectively the policy is implemented.[4]
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