The Theoretical Origins of the Legal Regimes of Land Rights in Nigeria

Anugbum Onuoha

doi:10.7176/jlpg/97-08

Abstract

This article traced the theoretical origins of the legal regime of the current land rights in Nigeria. It argues that the configuration of the federal system of government is influenced by institutional theory which has systematically evolved from the era of colonisation backed by the unstable national affinity to the modernisation theory. Both theoretical pivots have given false hope of developing a prosperous national economy that wholly rely on investment in crude oil which required unwavering control of lands. The article posits that, the current state of affair with regards to land use, land ownership rights and the unitary control of land through coercive legislation is consistent with the suggestions of the dependency theory. Therefore, that Nigeria’s land laws have evolved to a point of increased uncertainty of tenure for private and communal entities. The article further highlights the deep-rooted effects of institutional capture flowing from the theoretical origin of Nigeria’s laws and policy formulations on infrastructure including land rights. In conclusion, this article excavated the paradoxes of the laws governing land use and land ownership rights in Nigeria by emphasizing that the true nature and effects of the extant land laws in the country should be evaluated based on its functions and not its form, hence to understand and correct the defectiveness of the land laws, there should be detachment from the false normative expectations about institutional appearance. Keywords: Land, Laws, Dependency, Institutional Theory, Institutional Capture. JEL Classifications : B15, B52, K11, K23, Q15, Q24. DOI: 10.7176/JLPG/97-08 Publication date: May 31 st 2020

Highlights

To effectively provide the theoretical origin of Nigeria’s land laws, it is crucial to first highlight the land rights consist of bundle of privileges and legal control that are possessed by the land owner
This article excavated the paradoxes of the laws governing land use and land ownership rights in Nigeria by emphasizing that the true nature and effects of the extant land laws in the country should be evaluated based on its functions and not its form, to understand and correct the defectiveness of the land laws, there should be detachment from the false normative expectations about institutional appearance
Implications This paper conjures the ontological[3] assumptions that every law flow from at least one theoretical origin that some extant laws in Nigeria, the Land Use Act which regulates land use and land tenure in the country derived its origin from the unpopular remnants of the institutional theory and heavily coated by the dependency theory which is the reason for the deviation of the law from the normative basis of customary principles of equity and justice

Summary

Introduction

To effectively provide the theoretical origin of Nigeria’s land laws, it is crucial to first highlight the land rights consist of bundle of privileges and legal control that are possessed by the land owner. Libecap[7] basis of analysis appear to support the institutional theory of law and economics which acknowledges the importance of well-defined property rights.

Results

Conclusion