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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The control and management of land in non-urban areas of Nigeria under the Land Use Act, 1978: customary land tenure revisited
Author:Oke, G.D.
Periodical:African Notes: Bulletin of the Institute of African Studies, University of Ibadan
Geographic term:Nigeria
Subjects:customary law
land law
Abstract:Under Nigeria's Land Use Act 1978 administration of land is placed in the hands of the State governors, local governments and statutory committees. The crucial issue to be examined is whether customary land tenure has been abrogated by the Land Use Act and whether the traditional authorities have been divested of their rights of control and management of the land in their areas. There is no express provision in the Land Use Act which vests ownership of land in rural areas in the local government. The power of the user of land under customary law before the promulgation of the Land Use Act was almost absolute, unlike the power of the local government, which is subject to the superior authority of the governor, the undefined rights of the holder of a deemed right of occupancy, the incidents of customary tenancies, and the overriding public interest. In the light of this, the author appraises the powers of the local government to grant a customary right of occupancy other than a deemed right, the issue of title to a right of occupancy between a customary tenant in long possession and his landlord, whether the co-existence of customary land tenure and the Act raises the issue of double consent, and the jurisdiction of the courts in relation to a customary right of occupancy. Ref.