A CRITICAL OVERVIEW OF THE CONSENT PROVISIONS UNDER THE LAND USE ACT, 1978.

ABSTRACT

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 STATUTES

Interpretation 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

CONTENTPAGE

Title pagei

Certificationii

Approval Pageiii

Dedicationiv

List of Abbreviationsv

List of Statutesvii

Table of Casesviii

Acknowledgementix

Abstractxiv

Introductionxv

CHAPTER ONE: 

SYSTEM OF LAND TENURE IN NIGERIA BEFORE THE LAND USE ACT, 1978.

1.1Introduction1 - 2

1.2Customary Land Tenure2 - 9

1.3Land Holding under the Received English Law9 - 11

1.4The Consent Requirement in Retrospect

1.4.1Meaning and Nature of consent Requirement12 - 14

1.4.2Consent Requirement in Retrospect14 - 23

CHAPTER TWO: 

THE LAND USE ACT, 1978.

2.1Historical Review24 - 28

2.2Objectives of the Act viz a viz the consent requirement29 - 32

2.3Scope of the Consent Requirement under the Act32 - 34

2.4Analysis of the Consent Provisions on:

2.4.1Sale of Land35 - 41

2.4.2Mortgages41 - 43

2.4.3Leases43 - 45

2.4.4  Devolution of Interest in Land45 - 46

CHAPTER THREE: 

THE CONSENT REQUIREMENT- A CRITICAL VIEW

3.1Legal effects47 - 52

3.2Socio-economic effects52 - 55

3.3Implementation problems55 - 58

3.4Other consequences58 - 62

CHAPTER FOUR: 

THE NEED FOR REFORM

4.1A review of the Amendment Bill, 2009 before the National Assembly63 - 67

4.2Suggested Reforms67 - 76

4.3Conclusion76 - 77

Bibliography.77 - 80