Land Rights and Registration in Nigeria

nigeria property-law Jul 7, 2026 668 words 4 min read

Introduction

Land rights in Nigeria are governed by a complex framework of statutory law (principally the Land Use Act 1978), customary law, and constitutional provisions. The registration of land rights provides legal certainty and facilitates transactions. The consent of the Governor is required for most land transactions, and the government may compulsorily acquire land for public purposes subject to compensation. The continued operation of customary land tenure, particularly family land and community land, adds complexity to the system.

Section 22 of the Land Use Act requires the consent of the Governor for any transaction involving a statutory right of occupancy, including assignments, mortgages, subleases, and charges. Section 22(1) provides that no person may alienate, mortgage, or otherwise deal with a right of occupancy without the Governor’s consent. Section 26 imposes similar requirements for customary rights of occupancy.

The consent requirement has generated extensive litigation. The Supreme Court in Union Bank of Nigeria Plc v Ayodare (2007) 1 NWLR (Pt 1022) 201 held that a transaction without the Governor’s consent is void and cannot be validated by subsequent conduct.

The applicant must submit an application to the Governor through the Ministry of Land, accompanied by the title documents, survey plan, evidence of payment of fees, and other required documents. The Governor has discretion to grant or withhold consent, and there is no statutory time limit for the decision.

Compulsory Acquisition

Section 28 of the Land Use Act empowers the Governor to revoke a right of occupancy for public purposes, including:

Alienation of the right contrary to the Act or its conditions
Requirement of the land for public purposes
Requirement of the land for mining or oil extraction
Requirement for the extraction of building materials

The President may revoke rights of occupancy in the Federal Capital Territory.

Public Purpose

Section 51 defines public purpose broadly, including exclusive government use, general public use, development schemes, and economic development. The courts have given the government wide discretion in determining public purpose, though acquisition must be for genuine public purposes and not in bad faith.

Procedure

The Governor must publish a notice of revocation in the Gazette and serve notice on the holder. The holder is entitled to compensation (section 29). The holder may challenge the revocation in court on grounds including bad faith, lack of public purpose, or failure to pay compensation.

Compensation

Section 29 of the Land Use Act provides for compensation on revocation of a right of occupancy. Compensation is limited to:

The value of unexhausted improvements on the land
The value of crops on the land
In certain cases, compensation for disturbance

Significantly, compensation is not paid for the value of the land itself, only for improvements. This limitation has been criticized as inadequate and has generated litigation.

Family Land

Under customary law, family land is owned by the family collectively, with the family head managing the land for the benefit of all members. Family land cannot be sold or mortgaged without the consent of the family. The family head who alienates family land without consent may be liable for conversion.

Registration of Land Rights

The system of land registration in Nigeria varies by state. Two main systems exist:

Registration of Deeds

Under the Registration of Deeds system, instruments affecting land (deeds of assignment, mortgages, leases) are registered in the Land Registry. Registration provides priority and constructive notice.

Registration of Title (Torrens)

Some states have adopted the Torrens system of title registration, where the register reflects the legal title. The registered proprietor holds title indefeasibly, subject to specified exceptions.

Conclusions

Land rights in Nigeria are subject to a complex regulatory framework under the Land Use Act. The consent of the Governor is required for most transactions, and the government’s power of compulsory acquisition is extensive. Compensation is limited to improvements on the land, not the land itself. The coexistence of statutory and customary land tenure creates legal complexity, and the registration system, while providing legal certainty, remains incomplete in many states.

Tags:

nigeria property-law land-rights registration consent-of-governor compulsory-acquisition compensation