Leasehold Transactions under Property and Real Estate Laws of Nigeria: Implications for National Development
- Emmanuel Chinweike Ibezim, Ph.D1 & Chinedu Iwuagwu, LL.B2
- DOI: 10.5281/zenodo.23857153
- ISA Journal of Arts, Humanities and Social Sciences (ISAJAHSS)
The Land Use Act, 1978 and the administration of
leasehold transactions, in Nigeria, have far-reaching implications for national
development. Thus, this paper examined the Act, and some other legislations and
observed, among other things, that the Act established a single land tenure for
the entire country. The researcher adopted the doctrinal research methodology
and a comparative analysis of the positions of the Law in South Africa, the
Gambia, and Nigeria. It identified daunting challenges that are inherent in the
provisions of the Land Use Act of Nigeria, which included: the requirement of
the Governor’s consent; registration gap; forfeiture and relief for
non-compliance and conflict with customary Law; and found that the challenges
are exacerbated by the centralized single land tenure of the Land Use Act of
Nigeria. Consequently, the paper advocated for the adoption of a dual land
tenure system, besides other reforms, and the repeal of the Land Use Act, 1978,
of Nigeria.
Keywords: Lease,
Leasehold, Land Use Act, Property, Real Estate Law, National Development,
Nigeria.
