Land Use Act, 1978
The Land Use Act is one of the most significant and controversial pieces of legislation in Nigeria. Enacted in 1978, it vests all land in each state in the Governor, who holds it in trust for the use and benefit of all citizens. The Act abolished freehold land tenure in urban areas and replaced it with a system of occupancy rights. The Governor grants rights of occupancy (statutory or customary) which function as the primary form of land interest.
Legal area: Law governing the ownership, use, and transfer of real and personal property.
Year enacted: 1978
Full text: https://lawsofnigeria.placng.org/laws/land-use-act.html
Key Provisions
- Section 1: All land in a state vested in the Governor
- Section 5: Grant of rights of occupancy by the Governor
- Section 6: Rights of occupancy in urban land (statutory right of occupancy)
- Section 7: Rights of occupancy in non-urban land (customary right of occupancy)
- Section 22: Compulsory acquisition and compensation
- Section 26: Land Use Account and revenue from land transactions
Significance
The Land Use Act fundamentally transformed land tenure in Nigeria. It remains one of the most debated statutes due to its impact on land ownership and development. Despite calls for its amendment or repeal, it remains in force and is central to real estate transactions and property law in Nigeria.