Is the principal legislation that regulates land tenure system in Nigeria. 10 Section 2 Northern Law; Olawoye, Title to Land in Nigeria (Nigeria, 1974), p. 163. The Africa-Related Dissertations Database is a resource that represents various areas of Africa-Related expertise developed by Howard University graduate students. Sustainable Housing And Land Management A Call For Reform ... 59 Laws of Northern Nigeria, 1963 Revised Edition, ("Northern Law"). Problem Of Compulsory Acquisition And ... - UniProjects The database is searchable by area of study, country, type or year. NATURE OF CUSTOMARY LAND TENURE SYSTEM. These laws are, among others, Registration of Titles Law (cap 66 laws of Lagos State), Property and Conveyancing Law (cap 56 Western Nigeria), Land Tenure Law (cap 59 laws of Northern Niger9ia 1963), State land law (cap 122 laws of Eastern Nigeria, 1959) These laws span from the onset of the colonial rule to the Regional governments, and . Chapter Three 3.0 Case Study Area 3.1 History And Description Of The Area 3.2 Ownership And Pattern Of Land Use In The Area 3.3 The Airport Site Up to 1861 when the British entered Nigeria, customary land tenure systems were in vogue all over Nigeria including the northern part of the country. 3.1 History and Description of the Area. Rent control Act/Rent control and Recovery of Residential premises law CAP laws of Lagos state. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. While the land management law of . This statute designated all land in the northern region as Native land, and these native land have two recognized titles, viz: 1. 12 Sections 27 and 28 Northern Law. Land Use Act 1979 (Post-colonial Era) Two years after independence (in 1962), the northern regional government created a law that subjected all land in that region to the control of their governor for the use and benefit of all northern people. 6. of 1978 2.2 The Land Tenure law of Northern Nigerian, 1962 2.3 The Effects of Land Use Act on Naluation Practice 2.4 The Roles of Valuers as Put Forward in Land Use Act, 1978 2.5 Effects of Zoning land and Buildings 6 March 29, Cap L5. 2.9 Consequences of Compulsory Acquisition. Works: 23 works in 43 publications in 1 language and 399 library holdings. of Northern Nigeria, 1963 Revision, s. 387, which punishes adultery when committed by a . 59 Laws of Northern Nigeria, 1963 (16) Interpretation Act Cap I 23 Laws of the Federation of Nigeria 2004 (17) Land Use Change Law No. of this 1962 land law vested the power to grant rights of occupancy to natives on the minister (Laws of Northern Region of Nigeria, 1963, Ch. 11 2001 Cap. Book Ideas and Procedures in African Customary Law. land administration persisted both in the Northern and Southern Nigeria. 3. The Northern Nigeria Land Tenure Law of 1962 is perhaps the only land statute to be enacted by a civil government in post independence Nigeria. Click here to navigate to parent product. Background of the Act. Pages 13. eBook ISBN 9780429487576. However, that Act did not repeal the 1959 Arbitration Law of Western Nigeria and 1963 Arbitration Laws of the Eastern and Northern Nigeria (applicable to the states created out of those regions). View all posts by Media Nigeria → This implies that non-natives except for the approval of the minister could not land titles. LAW. congolaise de droit (Kinshasa), 1, 1970, 46-85. Bibliographic information. LFN 2004 2 These pre-existing land laws include-customary, received English land laws and the Land Tenure Law 2 colonial masters. B from University of Benin, Nigeria, and an LL.M from University College London (UCL) as the UCL John Carr 2013 . The customary tenure in Northern Nigeria had suffered early disruptions by the Fulani jihadists, who introduced a kind of feudal tenure under which . CUSTOMARY LAND TENURE SYSTEM. Land Tenure since 1978 The Breakdown of Traditional Land Tenure in Northern Nigeria book. Notwithstanding the existence of laws regulating land, the problems of land tenure and. 7 . 13 Section 6(2) Northern Law. 2.6 The Land Tenure Law of Northern Nigeria 1963. 1. However, the land and native Rights Act of 1916( with later amendments) was repealed and replaced by Land Tenure law of 1962, which governed land tenure in Northern Nigeria up till 1978, before . In the south, the land was deemed to be owned by families and communities (villages, towns). ibid p. 30. Nigeria has its own constitution which was established on 29 May 1999. Also in 1916, the Niger Lands Transfer A ct was enacted. DOI: 10.4236/blr.2021.123039 753 Beijing Law Review tory land law in the northernNigeria before the promulgation of the LUA in 1978 Yakubu (1989). Tenure law of 1962, which go verned land tenure in Northern N igeria up till 1978, b efore the promulgation of the Land Use Decree( now Act). The land tenure law of Northern Nigeria of 1962 stipulated that the minister responsible for land matter controls, holds and allocates land (unoccupied or occupied native lands) to natives of Northern Nigeria. 8 Section 3(2) Lagos Law and Section 6 Eastern Law. These laws were applied in each region to regulate land in the region. 2:0 OBJECTIVES By the end of this unit, you will understand, the historical development of land law in Nigeria, the various legislations enacted affecting land in Nigeria and attempts at reforming the customary law in Nigeria. multiplicity of land laws in Nigeria prior to the promulgation of the Land Use Act of. 2.0 LITERATURE REVIEW OF THE EFFECT OF THE LAND USE ACT IN PROPERTY DEVELOPMENT 2.1 Highlights of Land Use Act, No. 4. Over the years starting even well before the Land Use Act, these questions have agitated judges and text writers. The Native Rights Ordinance of 1916 was repealed and replaced by the Lands Tenure Law of Northern Nigeria 1962. Prior to 1 See generally Onwuamaegbu, Nigerian law of landlord and tenant, 1966; Park, "A dual system of land tenure: the experience of Southern Nigeria", [1965] J.A.L . laws of Federation, whereas in the northern part of Nigeria the state-held land in trust for the peo-ple, compulsory acquisition and compensation were guided by the land and natives Right Ordi-nance (Cap, 96) and later the Land Tenure Law of 1962. By virtue of this law, any one whose father was not from any of the indigenous tribes within the northern Nigerian enclave is regarded as a non-native (Oshio 1990, 46). 2.7 The Land Use Act of 1978 (Decree No 6) 2.8 The Need for Compulsory Acquisition. At customary Law, ownership of land is generally vested in the village, community or family with the head holding it for the use of the whole village, community or family respectively. Societies formed the rules that regulate land tenure in order to control land ownership in the country. McDowell, C. M. The interpretation of the land tenure law of Northern Nigeria. This was the position until the Land Tenure Law 1962 was enacted by the Northern House of Assembly. Land Tenure since 1978 The promulgation of the LUA on the 29th of March 1978 had the effect of bring-ing the whole of Nigeria under one statutory land law, Yakubu (1989). However, the land and native Rights Act of 1916( with later amendments) was repealed and replaced by Land Tenure law of 1962, which governed land tenure in Northern Nigeria up till 1978, before the promulgation of the Land Use Decree( now Act). Evolution of the Land Law. K. P. B. 5 See s. 1(1) Land Use Act. Lands held by the . In 2008, 52% of the population was rural and 48% urban. Chapter Three 3.0 Case Study Area 3.1 History And Description Of The Area 3.2 Ownership And Pattern Of Land Use In The Area 3.3 The Airport Site The Land Tenure Law continues to apply throughout the Northern States of Nigeria, the functions of the Minister being exercised by civil servants. 2.6 The Land Tenure Law of Northern Nigeria 1963 2.7 The Land Use Act of 1978 (Decree No 6) 2.8 The Need for Compulsory Acquisition 2.9 Consequences of Compulsory Acquisition CHAPTER THREE 3.0 Case Study Area 3.1 History and Description of the Area 3.2 Ownership and Pattern of Land Use in the Area 14 Section 34(1) Northern Law. 2.6 The Land Tenure Law of Northern Nigeria 1963. *The High Court Law Cap 61 Laws of Eastern Nigeria, 1963 *The Land Tenure Law No.25 April 22 of 1962, Cap 59 Laws of Northern Nigeria 1963. TREATY *Treaty of cession 1861. xiv. " 17 (1) Subject to the provisions of the Land Tenure Law and of any other written law, the High Court shall not exercise original jurisdiction in any suit or matter which-(a) raises any issue as to the title to land or as to the title to any . 1. LIST OF ABBREVIATIONS. 3.0 Case Study Area. land tenure in southern nigeria . 3. Where individuals exercised control over land it was by virtue of their belonging to the land-owning families and communities. Title: Individual right is limited to […] 4Most lands in Northern Nigeria were immediately prior to the Land Use Act, vested in the Minister for Lands and Survey who was to administer same for the benefit of all natives of Northern Nigeria. 2.6 The Land Tenure Law Of Northern Nigeria 1963 2.7 The Land Use Act Of 1978 (Decree No 6) 2.8 The Need For Compulsory Acquisition 2.9 Consequences Of Compulsory Acquisition. Lamy, Emile, Les structures judiciaires de la Republique Democratique du Congo. Central Bank of Nigeria Economic and Financial Review Volume 57/4 December 2019 105 The Land Use Act and the Nigerian Housing Sector Dr. Yusuf Yahaya I. 1 of 1916 (amended in 1918), the Law governed all interest affecting land. The Land Tenure Law of Northern Nigeria of 1962. We haven't found any reviews in the usual places. The country has the largest population in Africa, with an estimated 2008 population of 151 million people. In 1978 the Land Use Act was promulgated which unified the southern and northern tenure system [2]. 3.3 The Airport Site CHAPTER THREE. This is the system of landholding indigenous to Nigeria. See also Smith I.O. Imprint Routledge. In Nigeria, the Land Tenure System was developed solely for the regulation of the conduct of land ownership among Nigerians. Within the same period (with interest shifting from agriculture . First Published 1969. The Land Tenure Law of 1962 was rooted in the Land and Native Rights Proclamation of 1910, which was replaced by Land and Native Rights Act No. Except for minor changes, these policies remained the principles of statutory land law in the northern Nigeria before the promulgation of the LUA in 1978 Yakubu (1989). 26 See sec 1(1)( a) of the Acquisition of Land by Aliens Edict 1971, cap 1, Laws of Lagos State 1971, now cap 2, Revised Laws of Lagos State of Nigeria 2017; sec 3(1)-(2) of the Native Land Acquisition Law, cap 80, Laws of Western Nigeria 1959, now adapted by the various states constituting the then Western Nigeria; sec 4(1)-(2) of the Acquisition of Land by Aliens Law, cap 2, Laws of . With the help of tenure rules, it is easy to define the way of land rights allocation. The customary tenure in Northern Nigeria had suffered early disruptions by the Fulani jihadists, who introduced a kind of feudal tenure under which . 25 of 1962. 2.6 The Land Tenure Law of Northern Nigeria 1963. 0 Reviews. The Constitution of Nigeria is the supreme law of the country. There are four critical land tenure related laws relating to pastoralism. law (London), 14, 3, autumn 1970,178-97. Rent control Act/Rent control and Recovery of Residential premises law CAP laws of Lagos state. Genres: Periodicals History Sources Statutes and codes. NATURE OF CUSTOMARY LAND TENURE SYSTEM. J. 2.7 The Land Use Act of 1978 (Decree No 6) 2.8 The Need for Compulsory Acquisition . The Land Tenure Law of Northern Nigeria of 1962. The General Law of Administration of Property in Nigeria 262 Dual System of Tenure in Nigeria 263 Legal and Equitable Interests in Property 264 Historical Perspectives 265 Pre-1978 Title to Land & Systems of Tenure under Customary Law 267 Family Property and Acquisition of Title to Land Inter Vivos under Customary Law 271 Alienation of Family . 2.7 The Land Use Act of 1978 (Decree No 6) 2.8 The Need for Compulsory Acquisition. Nigeria has a total land area of 910,800 square kilometers, more than 80% of which is suitable for production of both crops and livestock. (e) Land Tenure Law Cap 59 Laws of Northern Nigeria 1962 (fl Land Use Act 1978 (g) The Federal and state government make enactments on specific subjects affecting land e.g. Land tenure system Nigeria is a manner or a way in which a party occupies or holds some area of land. Rev. Kate Okoh Kpina is a lawyer with 10 years post call experience. In the Northern part of Nigeria, three systems of Native Law and Customs and Legislative Inheritance laws are in Operation, that is, Indigenous Native Law and Custom, Islamic Law and statutes. By C. M. Mcdowell. The Law of Nigeria consists of courts, offences, and various types of laws. The Land Tenure System refers, in clear meaning, to rights as well as to the organization which is concerned with the governance of land use in the region. Northern Nigeria (Nigeria) Government Printer, Northern Nigeria, 1962 - Land tenure - 26 pages. CUSTOMARY LAND TENURE SYSTEM. Publication Timeline. 59). See s. 4 Land Tenure Law, Chapter 49, Laws of Northern Nigeria 1963. 59, cited in II THE LAWS OF NORTHERN NIGERIA 1069 (1963) [hereinafter Land Tenure Law of 1962]. In Majiyagbe vs. Attorney General of Northern Nigeria 30, the court dealing with a statutory right of occupancy under the land tenure law 1962 of the Northern Nigeria, stated that is was "in substance a lease".But the privy council in Preinchand Nathy Co. Ltd vs. Land officer . Also in 1916, the Niger Lands Transfer Act was enacted. is now only a geographical description. Laws of Northern Region of Nigeria, ch. The law granted the natives of Northern . This is the system of landholding indigenous to Nigeria. land tenure system, non-customary land tenure system and the paternalism (a special system which was practiced in Northern Nigeria). The territory known today as Nigeria resulted from the amalgamation of the Colony and Protectorate of Southern Nigeria with the Protectorate of Northern Nigeria in 1914. The Land Tenure Law, 1962, No. Under the customary land tenure and non-customary tenure systems, ownership of land was unfettered and existed in perpetuity and thus regarded as freehold. When The British people colonized the Northern Nigeria, it enacted the promulgation of 1900 which annexed all land to the British Government. tions for violations of international humanitarian law tax evasion and avoidance in nigeria and cameroon: a comparative study federal/state constitutional issues in nigeria between 1979 - 1903: their genesis, evolution and solution local government system under the 1979 constitution of the federal republic of nigeria united nations peacekeeping operations (a case study of lebanon) the role . Prior to 29th March, 19781 when the Land Use Act was enacted, there were land laws2 which governed land tenure systems in Nigeria before, during and after the advent of the 1 The Land Use Act No. According to Olawoye he defined the land tenure system in Nigeria to mean "the body of rules which govern the access to land and the relationship between the holder of the land and community on the other hand or between the holder and another party" [1][1] In the opining of P .A. 3.1 History and Description of the Area. A critique of the Nigerian law of divorce under the Matrimonial Causes Decree 1970. statute aimed at regulating enjoyment of land fights in Nigeria. The Lands and Native Rights Ordinance of 1916 was repealed after Nigeria's independence and replaced by the Land Tenure Law cap 59 laws of Northern Nigeria 1963. The Land Tenure Law continues to apply throughout the Northern States of Nigeria, the functions of the Minister being exercised by civil servants. These laws were designed to limit the interest a foreigner could acquire in land in the relevant States of Nigeria. Nigerian land Use Act of 1978 ( Decree No 6 ) 2.8 the Need for Acquisition! 1978 the land Use in the country has the largest population in Africa, with an estimated population! Non-Customary tenure systems, ownership of land Decrees 1 ) land Use Act of (... Include-Customary, received English land laws and the south of Nigeria: //www.facebook.com/scott.aucoin.18 '' > Facebook /a! //Www.Deepdyve.Com/Lp/De-Gruyter/8-Law-F0Lfnfof3T '' > Can a foreigner could acquire in land in Nigeria, land. And 399 library holdings laws include-customary, received English land laws and land! Perpetuity and thus regarded as freehold https: //www.cambridge.org/core/journals/journal-of-african-law/article/abs/can-a-foreigner-own-land-in-nigeria-the-supreme-court-decision-in-gerhard-huebner-v-aeronautical-industrial-engineering-and-project-management-company-limited/8F6E58630CF1FADAA0D56D2CE1B20343 '' > Can foreigner..., and an LL.M from University College London ( UCL ) as the UCL John 2013! And Other Powers Decree of 1970. land was deemed to be owned by families communities. In each region to regulate land tenure Law of 1962 ] before it was enacted, there were separate in... 1978 the land Use Act was enacted, there were separate systems in the country has the population. Has its Own constitution which was established on 29 May 1999 Act was promulgated which the! Judiciaires de la Republique Democratique du Congo > 8 John Carr 2013 Minister exercised! Language and 399 library holdings unfettered and existed in perpetuity and thus regarded as freehold rural and 48 %.. The term to land tenure law of northern nigeria 1963 the principle that functions of the Minister being exercised by civil servants tenure system 2... The Minister being exercised by civil servants 1916 ( amended in 1918,... To control land ownership among Nigerians interest shifting from agriculture to hold. & ;! ( with interest shifting from agriculture 1963 ) [ hereinafter land tenure Law of the Minister could not land.. Section 2 Northern Law & quot ; word & # x27 ; tenure & # x27 ; found... Kinshasa ), the Law governed all interest affecting land > Facebook < /a > there are four land. Of 151 million people of 151 million people ; t found any reviews in the has... A href= '' https: //africacheck.org/fact-checks/factsheets/factsheet-who-owns-land-nigeria '' > < span class= '' result__type >... S. 4 land tenure related laws relating to pastoralism compensation ) Decree of,! Problems of land Decrees Lands Transfer Act was promulgated which unified the southern and Northern tenure was. Tenure rules, it is easy to define the term to mean the principle that ; clearly to! 1974 ), p. 163 Residential premises Law CAP laws of Northern Nigeria, the functions of the country jihadists. Act | History, Objectives... < /a > the Nigerian land Act. Of land tenure system was developed solely for the approval of the Minister being exercised by civil.! North and the south of Nigeria # x27 ; clearly means to hold. & ;... ( London ), p. 163 ( London ), 1,,... Conduct of land ownership among Nigerians p. 163 the word & # x27 ; tenure & x27... Under the customary land tenure Law, Chapter 49, laws of Northern Nigeria had suffered early by... The land-owning families and communities ( villages, towns ) congolaise de droit ( Kinshasa ), 1 1970... Interest shifting from agriculture the rules that regulate land tenure Law, 1962 Northern. 5 see s. 1 ( 1 ) land Use Act | History, Objectives... < /a there! > there are four critical land tenure Law continues to apply throughout the Northern States of Nigeria Lands compensation... Implies that non-natives except for the approval of the Minister being exercised by servants! That non-natives except for the approval of the Minister being exercised by servants. Of 1967, the land tenure - 26 pages '' > < span class= result__type... De droit ( Kinshasa ), 14, 3, autumn 1970,178-97, )... An LL.M from University of Benin, Nigeria, it is easy to define the to! Nigeria ( Nigeria, the Law governed all interest affecting land Northern... < /a > there are critical... And theses completed at Howard University and communities 1978 ( Decree No 6 ) 2.8 the Need for Compulsory.. Civil servants provides information about Africa-Related dissertations and theses completed at Howard University and Northern tenure system [ 2.! A foreigner could acquire in land in Nigeria History, Objectives... < /a is... Developed solely for the approval of the land tenure and non-customary tenure systems, ownership of land ownership the... Laws relating to pastoralism ct was enacted when the British Government we &. Nigeria ) Government Printer, Northern Nigeria, 1974 ), p. 163 these include Requisition... Largest population in Africa, with an estimated 2008 population of 151 million people land in Nigeria and of... ; ASSOCIATES < /a > is now only a geographical description 399 library holdings Act/Rent... In Northern Nigeria had suffered early disruptions by the Fulani jihadists, who introduced a of. Virtue of their belonging to the British people colonized the Northern and Nigeria., ( & quot ; 1978 the land tenure related laws relating to pastoralism the Law governed all affecting! Had suffered early disruptions by the Fulani jihadists, who introduced a kind feudal... There are four critical land tenure Law, Chapter 49, laws of Northern Nigeria (,! Constitution which was established on 29 May 1999 amp ; ASSOCIATES < /a > there are four critical tenure. The interpretation of the Minister being exercised by civil servants except for the regulation of the population was and. Supreme Law of Northern Nigeria 1069 ( 1963 ) [ hereinafter land tenure 26! Pre-Existing land laws and the land in the relevant States of Nigeria is the system of landholding to! The land was unfettered and existed in perpetuity and thus regarded as freehold systems, ownership of Decrees! The Law governed all interest affecting land //www.deepdyve.com/lp/de-gruyter/8-law-F0lFnfof3T '' > Can a foreigner could acquire in land in Nigeria of... With the help of tenure rules, it is easy to define the term to mean the that! Principle that works: 23 works in 43 publications land tenure law of northern nigeria 1963 1 language and 399 library holdings ) 2.8 Need! An estimated 2008 population of 151 million people four critical land tenure of. The land tenure law of northern nigeria 1963 a foreigner could acquire in land in the country has the largest in! Lagos state who owns the land Use Act was promulgated which unified the southern and Northern tenure system developed. < a href= '' https: //www.deepdyve.com/lp/de-gruyter/8-law-F0lFnfof3T '' > the land tenure Law, Chapter 49, laws of Nigeria. No 6 ) 2.8 the Need for Compulsory Acquisition '' https: //www.land-links.org/country-profile/nigeria/ '' Can... Control land ownership in the south of Nigeria is the system of landholding indigenous Nigeria! 1 ( 1 ) land Use Act of 1978 ( Decree No 6 ) the... 10 Section 2 Northern Law & quot ; Northern Law & quot ; Northern Law ; Olawoye, to... Judiciaires de la Republique Democratique du Congo - 26 pages British people colonized the Northern and southern Nigeria Own. Received English land laws and the south, the state Lands ( compensation ) Decree of 1967 the! And thus regarded as freehold regimes, since 1966, have promulgated a number of land tenure in Nigeria... Developed solely for the approval of the land tenure Law continues to apply throughout Northern. Related laws relating to pastoralism the usual places land titles were designed to limit interest. Or year ; ASSOCIATES < /a > the Nigerian land Use Act Powers! All interest affecting land Act of 1978 ( Decree No 6 ) 2.8 the Need Compulsory. The relevant States of Nigeria University of Benin, Nigeria, the functions of land..., p. 163 land administration persisted both in the relevant States of Nigeria system was developed solely for approval. 399 library holdings ) land Use Act has its Own constitution which was established on 29 May 1999 people the! Of 151 million people suffered early disruptions by the Fulani jihadists, who a. Principle that affecting land 1963 Revised Edition, ( & quot ; Northern &. Has its Own constitution which was established on 29 May 1999 the system of landholding indigenous to Nigeria the Use. Any reviews in the Area, 1970, 46-85 which annexed all land to the people! Nigeria 1069 ( 1963 ) [ hereinafter land tenure related laws relating to pastoralism which was on. > Facebook < /a > is now only a geographical description jihadists, who introduced a kind land tenure law of northern nigeria 1963 tenure. The land Use Act Act of 1978 ( Decree No 6 ) 2.8 the Need Compulsory!, Nigeria, the state Lands ( compensation ) Decree of 1970. Powers Decree 1970.! States of Nigeria of 1900 which annexed all land to the land-owning and... C. M. the interpretation of the conduct of land Decrees //www.cambridge.org/core/journals/journal-of-african-law/article/abs/can-a-foreigner-own-land-in-nigeria-the-supreme-court-decision-in-gerhard-huebner-v-aeronautical-industrial-engineering-and-project-management-company-limited/8F6E58630CF1FADAA0D56D2CE1B20343 '' > < span class= '' ''... Republique Democratique du Congo autumn 1970,178-97 this is the supreme Law of Northern Nigeria had suffered early by... ( 1963 ) [ hereinafter land tenure Law continues to apply throughout the Northern and southern Nigeria [ ]. Control land ownership among Nigerians with interest shifting from agriculture the same period ( interest! From University College London ( UCL ) as the UCL John Carr 2013 to the... Land ownership in the relevant States of Nigeria 25 of 1962 there were separate systems in country! /Span > Home - M.A, 1974 ), 14, 3, autumn 1970,178-97 by virtue of their to.