Legal experts have identified flaws associated with the Land Use Act (LUA), which was enacted 45 years ago. They attributed these flaws to bad draftsmanship, among other factors. This occurred at a public lecture in honour of a legal egghead, Alhaji Femi Okunnu (SAN). Separate papers that were delivered by senior lawyers, such as Dr. Muiz Banire (SAN) and Remi Olatubora, titled, “Land Use Act: Some Reflections, 45 years After” and “Land Administration in Nigeria: 45 Years After, the Enactment of the Land Use Act, 1978” respectively, held that Nigerians have failed to get the expected benefits from the LUA.
According to them, the principal objectives of the Act were to make land easily accessible to all Nigerians; prevent speculative purchases of land; streamline and simplify land management and ownership; make land available to government at all levels for development; and provide a system that will improve tenure security, among others. In their evaluation, these legal experts said the objectives were far from being met, and it was as a result of the poor and inelegant draft of the Act, among other factors.
Operational rules should be left entirely in the hands of the states.
Dr. Banire specifically stated that the Act has failed to accrue the expected benefits. He noted the poor and inelegant drafting of the Act. In his words, “If the opportunity presents itself in the future, it might well be best to get the most qualified draftsmen to handle the drafting of legislation of this nature.” Other areas faulted by the senior lawyer include the issuance of two certificates of occupancy, one by the Federal Government and another by the State.
The lawyer said that the multiplication of land registries should be done away with and that only states should operate registries. Among his views, the lawyer held that the rules of engagement by way of operational rules should be left entirely in the hands of the states. He also held that membership of the Land Use and Allocation Committees (LUAC) should be specified in the relevant laws and made to have statutory tenure upon clearance by the House of Assembly.
Every state is saddled with the management of land within its territory.
According to him, these committees will checkmate the absolute and excessive powers of governors. He said that the demarcation between land in the possession of the state and local governments should be non-existent. He proposed that a single authority deal with all the lands in the state to avoid confusion. Then, Olatubora revealed in his lectures that while every state is saddled with the management of land within its territory, there should be a national integrated electronic platform or registry on which land information can be accessed.
He recommended that land matters should be placed on the Concurrent Legislative List to assist in developing an integrated, uniform and consistent land management policy. As part of his recommendation, he said the present dichotomy between land in urban and nor-urban areas, which were land under LUAC/Governor’s management and LG Council’s management respectively, should be abolished. “All land in every state should come under the management of the governor/LUAC with uniform C of O granted by the governor,” he said.
Olatubora suggests some reforms to the administration of LUA.
The membership of the LUAC should be expanded to include representatives of traditional institutions, community development associations, and civil society organizations (CSOs). He also said professional members of LUAC should be nominees of professional organizations. He maintained that the court should be vested with jurisdiction to determine the quantum or adequacy of compensation in the event of compulsory acquisition of land by the State. Finally, he said the bureaucracy associated with land administration and management in land registry should be simplified through the application of technology.
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Stakeholders find flaws in Land Use Act – Legal experts reveal this 45 years after the law was enacted in 1978. – Express your point of view.
The identified flaws should be tackled.
The objectives of the land use Act would definitely have positive impacts on land management, ownership etc.
The act should be restructured in a way that will make it achieve it’s primary aim of making land easily accessible to all Nigerians without compromise.
it is to our advantage to give effect to this legislation because the primary goals of the Act were to simplify the process of acquiring land for all Nigerians,
I would like that the current system of several land acquisitions is eliminated and that instead, registries should be operated solely by individual states since this would contribute to the act’s functioning in a more effective manner.
The legislation needs to be reorganised so that it may finally realise its fundamental goal of making land available to all Nigerians unfailingly.
I know that investing in land business is a very good thing because it will always yield profits, there is simply no way you have a loss, so this is something the government really has to protect the people on.
The use of software should be used in such a way as to reduce the complexity involved in buying landed properties because people will be able to trade in the real estate business.
Flaws in land use act needs to be addressed. Land use act has helped some state most especially Lagos state. If there’s any flaws that’s going to affects it then it needs proper attention on it.
Strengthening the ownership of land and preventing speculative purchases of land are factors which should be aided by the LUA. The stakeholders should see to this.
We need to fix the problems that have been found.
The goals of the Land Use Act would undoubtedly have beneficial effects on land administration, ownership, etc.
Reform of this act is necessary so it can play it role and perform effectively in land accessible to people in the country
This act has already been designed in favour of Nigerians and to provide them with protection over their legally owned land so if the stakeholders feels it’s failed in its objectives they should file for correction.
If stakeholders still find faults in the Land Use Act, it only shows these stakeholder were not informed about the formation of the law. It will have been better if they were consulted.
Stakeholders find flaws in Land Use Act. The act should be look into for better usage. Land is very good in nature
If participants are still able to find issues with the Land Use Act, it is clear that they were not consulted throughout the law’s development. If they were engaged, things would have gone more smoothly.
Indeed, there are several flaws in the Land Use Acts of Nigeria and as such need reviewing. It is now 45 years since it was enacted and successive governments have overlook this. It is high time that the government amend this Law.
After 45 years the Legal experts are just revealing this flaws in the Land Use Acts of Nigeria. Anyway, the stakeholders in the country should stress the need to our Government the need yo review the Land use Acts
It’s important to fix the flaws in the land use act. Some states, most notably Lagos state, have benefited from the Land Use Act. If there are any defects, they must be addressed properly if they are going to have an impact.
It’s important to fix the flaws in the land use act. Some states, most notably Lagos state, have benefited from the Land Use Act. If there are any defects, they must be addressed properly if they are going to have an impact.