A Critical Overview Of The Consent Provisions Under The Land Use Act, 1978.
The Land Use Act as a single piece of legislation which came into force on 29th March, 1978 has generated more controversy than any piece of legislation of its kind. The sore point of this enactment is the consent requirement provided under the Act especially Sections 21 and 22 therein.
Ever since the consent requirement of the Land Use Act made its first debut in our courts for interpretation in the case of Savannah Bank V. Ajilo(1989) 1 NWLR(pt.97) 305, much juristic ink has been expended in debate for or against the usefulness of the provisions. Judges, in their duty of interpreting the provision have sung incoherent and discordant notes on the issue. Some writers too, have tried to either show support for its relevance or call for its repeal or amendment.
However, the convergent point in this contentious issue of the consent requirement is the retrogression and retardation, which the requirement, has continued to inflict on the socio-economic life and development of the country. This project work x-rayed the difficulties associated with, and incidental to the strict implementation of the consent requirement with their attendant legal, socio-economic and developmental dysfunction. Moreover it reviewed the current Amendment Bill before the National Assembly while unattended areas were highlighted, which, if not taken care of, may resonate another call in no distant future for a further amendment.
Table of ContentInterpretation Act, Cap 89, LFN, 1958.
Land & Native Rights Act NO 1, 1916 & 1918. Land Registration Act, 1924.
Land Tenure Law, 1962.
Land Use Act (Amendment) Bill, 2009. Land Use Act, Cap L LFN, 2004. Mortmain & Charitable Uses Act, 1888. Native Lands Acquisition Act, 1917
Native Rights Proclamation & Ordinance, 1916.
Property & Conveyancing Law, Cap 100, Laws of Western Nigeria, 1959. State Land Act, 1916
Statutes of Frauds, 1677.
TABLE OF CONTENT
CONTENT PAGE
Title page i
Certification ii
Approval Page iii
Dedication iv
List of Abbreviations v
List of Statutes vii
Table of Cases viii
Acknowledgement ix
Abstract xiv
Introduction xv
CHAPTER ONE:
SYSTEM OF LAND TENURE IN NIGERIA BEFORE THE LAND USE ACT, 1978.
1.1 Introduction 1 - 2
1.2 Customary Land Tenure 2 - 9
1.3 Land Holding under the Received English Law 9 - 11
1.4 The Consent Requirement in Retrospect
1.4.1 Meaning and Nature of consent Requirement 12 - 14
1.4.2 Consent Requirement in Retrospect 14 - 23
CHAPTER TWO:
THE LAND USE ACT, 1978.
2.1 Historical Review 24 - 28
2.2 Objectives of the Act viz a viz the consent requirement 29 - 32
2.3 Scope of the Consent Requirement under the Act 32 - 34
2.4 Analysis of the Consent Provisions on:
2.4.1 Sale of Land 35 - 41
2.4.2 Mortgages 41 - 43
2.4.3 Leases 43 - 45
2.4.4 Devolution of Interest in Land 45 - 46
CHAPTER THREE:
THE CONSENT REQUIREMENT- A CRITICAL VIEW
3.1 Legal effects 47 - 52
3.2 Socio-economic effects 52 - 55
3.3 Implementation problems 55 - 58
3.4 Other consequences 58 - 62
CHAPTER FOUR:
THE NEED FOR REFORM
4.1 A review of the Amendment Bill, 2009 before the National Assembly 63 - 67
4.2 Suggested Reforms 67 - 76
4.3 Conclusion 76 - 77
Bibliography. 77 - 80
I
Ever since the consent requirement of the Land Use Act made its first debut in our courts for interpretation in the case of Savannah Bank V. Ajilo(1989) 1 NWLR(pt.97) 305, much juristic ink has been expended in debate for or against the usefulness of the provisions. Judges, in their duty of interpreting the provision have sung incoherent and discordant notes on the issue. Some writers too, have tried to either show support for its relevance or call for its repeal or amendment.
However, the convergent point in this contentious issue of the consent requirement is the retrogression and retardation, which the requirement, has continued to inflict on the socio-economic life and development of the country. This project work x-rayed the difficulties associated with, and incidental to the strict implementation of the consent requirement with their attendant legal, socio-economic and developmental dysfunction. Moreover it reviewed the current Amendment Bill before the National Assembly while unattended areas were highlighted, which, if not taken care of, may resonate another call in no distant future for a further amendment.
Table of ContentInterpretation Act, Cap 89, LFN, 1958.
Land & Native Rights Act NO 1, 1916 & 1918. Land Registration Act, 1924.
Land Tenure Law, 1962.
Land Use Act (Amendment) Bill, 2009. Land Use Act, Cap L LFN, 2004. Mortmain & Charitable Uses Act, 1888. Native Lands Acquisition Act, 1917
Native Rights Proclamation & Ordinance, 1916.
Property & Conveyancing Law, Cap 100, Laws of Western Nigeria, 1959. State Land Act, 1916
Statutes of Frauds, 1677.
TABLE OF CONTENT
CONTENT PAGE
Title page i
Certification ii
Approval Page iii
Dedication iv
List of Abbreviations v
List of Statutes vii
Table of Cases viii
Acknowledgement ix
Abstract xiv
Introduction xv
CHAPTER ONE:
SYSTEM OF LAND TENURE IN NIGERIA BEFORE THE LAND USE ACT, 1978.
1.1 Introduction 1 - 2
1.2 Customary Land Tenure 2 - 9
1.3 Land Holding under the Received English Law 9 - 11
1.4 The Consent Requirement in Retrospect
1.4.1 Meaning and Nature of consent Requirement 12 - 14
1.4.2 Consent Requirement in Retrospect 14 - 23
CHAPTER TWO:
THE LAND USE ACT, 1978.
2.1 Historical Review 24 - 28
2.2 Objectives of the Act viz a viz the consent requirement 29 - 32
2.3 Scope of the Consent Requirement under the Act 32 - 34
2.4 Analysis of the Consent Provisions on:
2.4.1 Sale of Land 35 - 41
2.4.2 Mortgages 41 - 43
2.4.3 Leases 43 - 45
2.4.4 Devolution of Interest in Land 45 - 46
CHAPTER THREE:
THE CONSENT REQUIREMENT- A CRITICAL VIEW
3.1 Legal effects 47 - 52
3.2 Socio-economic effects 52 - 55
3.3 Implementation problems 55 - 58
3.4 Other consequences 58 - 62
CHAPTER FOUR:
THE NEED FOR REFORM
4.1 A review of the Amendment Bill, 2009 before the National Assembly 63 - 67
4.2 Suggested Reforms 67 - 76
4.3 Conclusion 76 - 77
Bibliography. 77 - 80
I
