By: Olude. M. Abiola
LAND is the space that encompasses the surface of the earth and all things that are attached to it. It includes areas covered by water such as seas, rivers and lakes, natural resources such as rocks and minerals that are just below it, all natural vegetation, then buildings and other permanent attachments to it. Land is an essential resource and the foundation for agriculture, construction, economic and industrial activities, and indeed all human’s endeavors. The availability and quality of land have significant impact on the productivity and profitability of businesses. Land is essential for the survival and prosperity of humanity. It provides a home for countless species, it provides life-support structures and systems for the realisation or acquisition of the basic needs of food, clothing and shelter, as well as maintaining terrestrial ecosystems. Everything on earth, every technology and invention takes off from the land. The importance of land as a major factor of production, a resource for equitable access of livelihood, a finite resource which should be utilised sustainably, a cultural heritage which should be conserved for future generations, and a resource for human existence and development cannot be overstated. Land is not just a commodity that can be traded in the market, it represents multiple values.
One crucial factor about land, however, is that its availability and supply are fixed, and cannot be increased because it wasn’t made by man. And because its possession is tied to cultural, social, historical and religious values and heritage, land in Nigeria and across the continent of Africa is an emotive issue. No wonder land-related issues figure into many violent disputes around the African continent. Perennial violence across communities in Africa, including Nigeria, is tied to competition over scarce fertile land and poor resource governance. Even when the conflict seems to have ceased, the contentious issuesremain unresolved. Meanwhile, conflicts over land and valuable mineral resources often lead to loss of lives and property, destruction of the economic base of the belligerent communities, high crime wave, and historical revisionism of the areas. This logically calls for protection of land and land related issues by both policy and law. Land administration and policy are intended to play a crucial role in reducing conflict over land ownership rights and environmental degradation, as well as ensuring efficient use of land, ownership, and management. Land policy is essentially aimed at ensuring land accessibility to citizens of the society as well as protection of their interests.
Like other countries in the world, Nigeria realised the need to embark on sound land policy for reform of land and land resources, on efficient administration and management of land ownership, holding and uses requires and its effective implementation. Land policy is essentially aimed at ensuring land accessibility to citizens of the society as well as protection of their interests. In addition, land rights, land use regulations, and sustainable land management practices have implications for landowners, communities, and the overall well-being of society. Ownership and use of land have important social and environmental implications. Understanding the role and significance of land in the economy is important for policymakers, businesses, and individuals alike. It helps inform decision-making processes, such as urban planning, resource allocation, and environmental conservation efforts.
ALSO READ FROM NIGERIAN TRIBUNE: Why Tinubu is on state visit to Saint Lucia – Presidency
In a pragmatic move to ensure proper land management, centralise land control, remove inequalities and eliminate disputes arising from land ownership, the Federal Government came up with the Land Use Act of 1978. The Act sought which sought to streamline land ownership vested all land in each state in the hands of the state governor, theoretically making land accessible to all Nigerians and preventing land speculation.
In essence, the Act empowers the governor to hold land in trust for the people and allocate land rights through certificates of occupancy, while distinguishing between statutory rights of occupancy for urban lands and customary rights for rural lands.Other key provisions of the Land Use Act are governor’s consent for transfers, mortgages, and leases of land, means of controlling land transactions, revocation of occupancy rights in the public interest, with a provision for compensation based on land improvements, with restriction on landowners to sell, mortgage, or lease land without the governor’s consent. The underlying issue, and the most important reason for these measure is enhancement of economic development. Armed with the instrument of the Act, the governor is expected to facilitate access to land for housing, industrial, agricultural, and infrastructural development. It is not in contention that the Land Use Act has over the years made land available for infrastructure development, as well as planned and orderly development of Nigerian urban areas, towns and cities, and this has enhanced economic development and quality of living.
And basically, the Act has largely succeeded in preventing land speculation. Speculative activities relating to land has been curbed and checkmated by the Land Use Act, and this ensures the availability and and use of land for the economic related purposes it is meant for. Obtaining the Certificate of Occupancy (C of O) has its challenges, but basically, the Land Use Act through the issuance of the very essential document confer legal rights and secure proof on land possession. Meanwhile, dispute over landownership and loss of lives and properties arising from it has reduced. In view of the aforementioned benefits and impact of the Act, it has remained a subject of intense debate over the years, with numerous critiques regarding its impact on land rights, economic development, and social equity.
Many point at structural and practical challenges they argued have limited its effectiveness, such as what they describe as enormous powers the Act vested in the state governors, abuse of power, bureaucratic bottleneck in securing governor’s consent for land transactions, complexity of transferring land rights, and insecurity around land ownership. These encumbrances they argued have discouraged investment in land, limits its potential as collateral for loans, hindered rural and urban economic development, due to inability to use land as collateral without the governor’s consent, which off course restricts access to credit for small and medium-scale enterprises. This ultimately stifles entrepreneurial growth and development.
The Act is not a failure as some critics would argue, I would all the same agree that it should be subjected to a comprehensive review. The world is rapidly evolving, a regulation that came into effect 47 years ago should be reviewed to align with today’s reality. I am in agreement with the call by the Nigerian Institution of Estate Surveyors and Valuers to that end. In the interest of Nigeria, the National Assembly should review the Land Use Act.
•Abiola is an estate surveyor and valuer
and then