Land law in nigeria pdf files

Practice and procedure statement of claim effect of relief in writ of summons not claimed in statement of claim. It further vested all these powers in a board of trustees, which is appointed by the government. Statement of the problems the present condition of our rural land developments in nigeria has been a cause for concern in this study. Nigeria s democratic system as being operated presently, while finally a conclusion would be reached as to whether democracy is in operation in nigeria or not. This act vests all land comprised in the territory of each state except land vested in the federal government or its agencies solely. Laws of the federation of nigeria petroleum act 1990. Professor of law the catholic university of america 0001 versacomp 4. Beijing declaration and womens property rights in nigeria.

Equality before the law this notion implies that no one is above the ordinary law of the land and that no matter high or low is in the society, he must treated equally. Jan 08, 2017 an important section of the nigerian constitution relating to land law in nigeria is the provision of section 43. Certificate of occupancy c of o lands can be bought from an estate developer, an individual or directly from the family who claims. This study, in nineteen chapters, deals with the various issues pertaining to land law in nigeria. A landowner has a right to request a court order to stop nonconsented interferences with hisher enjoyment of the land. Governments also have accurate records and clear policy objectives for state land manage. Tort doctrines will seem indirect to property scholars. Nigeria, land reform activities presidential committee. Resolving the impasse article pdf available in ssrn electronic journal january 2015 with 20,302 reads how we measure reads. The land use act and land ownership debate in nigeria. It is a decision that is collectively settled by the company to end the existence of such company, consequently leading to the distribution of the companys assets for the benefits of the creditors and members of the company. Nigeria and can be found in the land tenure law northern nigeria,3 the.

In doing so, it looks critically into nigerias compliance with. The 1999 constitution of nigeria includes provisions protecting freedom of religious belief and prohibiting religious discrimination, and there is no official state religion. Collectively, the states presented a wide range of actions covering the spectrum from education and incentive based programs to making changes in land use law and policy see table 2 on page for more detail. Otherwise, women gain access to land or property through kinship or marital relationships to men.

Part ii powers of the federal republic of nigeria 4. Communal land rights vesting in trustee law of western nigeria was enacted in 1959, as a consequence of repeated abuses by tribal chiefs. Subject matter land law trespass to land proof of evidence. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the. Opportunities and challenges for policy and practice change elizabeth cooper abstract. However, in 12 muslimmajority northern nigerian states, federalism has allowed the adoption of islamic shariah law in the criminal codes. To further maintain a firm grip on land, the british proclaimed the land and native right law no. The landholder must pay a series of fees, including a. The basic legal framework for the acquisition of land in nigeria is the land use act, laws of the federation of nigeria 1990. Women and inheritance in 5 subsaharan african countries.

The challenges of sustainable land use planning in. The native laws of the different peoples that inhabited nigeria regulated nigerian land law in this period. Constitution of the federal republic of nigeria 1999. Land law nigeria by national open university, nigeria file type. Pdf this paper gives an historical account of land laws decrees, and others in relation to land development and planning in nigeria with more. Youll also need to know the particulars of the property of interest. It is a country with a current population of about 180 million people, and with different laws policies and constitutions to ensure that order is maintained.

Lesson 1 nigerian land markets and the land use law of 1978. Trust law and the administration of real property in nigeria ibrahim abdulkarim department of private law, faculty of law ahmadu bello university, zaria, nigeria email. West africa regional assessment african union african development bank economic commission for africa this west africa regional assessment study has been prepared by 3 experienced land experts from the region. This vests in a local government the control and management of all land in nonurban areas located in that local government. In contemporary nigeria, the land tenure system is a jumbled mix of the. Practice and procedure how concurrent findings of lower courts can be challenged. The workshop on challenges to the rule of law in africa took place on 12 april 2016 in pretoria, south africa. This law separated the traditional chiefs of their customary powers to manage the land. For all cities in nigeria, there is the land question. The major problem facing our rural land development is the negative effects which have come with introduction of land use act, 1978 in nigeria. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded.

Does womens land ownership promote their empowerment. The primary essence of having a limitation law is to ensure that all claims are diligently and promptly presented while the evidence in support of the claim, or the defence to a claim, isare still available and the witnesses memory isare still fresh. In nigeria and north sudan, customary law is subject to constitutional provisions of nondiscrimination or gender equality, and is enforced only to the extent it does not run contrary to any written law. Dye and england assessing the theory and practice of land value taxation 3 executive summary t he land value tax is a variant of the property tax that imposes a higher tax rate on land than on improvements, or taxes only the land value. Not even the federal government has been able to resolve these. Lagos being the most populous city in nigeria and second fastestgrowing city in africa, also an emerging mega city. See riparian ownership for a more detailed discussion. In most parts of the north, islamic law regulated land law. The cases are organized thematically according to the type of intellectual property rights iprs protected under the nigerian legal system such as trademarks, s, patents, and designs. Land law is the form of law that deals with the rights to use, alienate, or exclude others from land.

It was enacted primarily to contribute to the stabilization of. The interpretation of the land tenure law of northern nigeria. Ownership and use of land in nigeria chapter one introduction meaning of land at common law generally, there are various definitions by different scholars as regards the meaning of land at common law. A landowner has a right to use the natural waterway within hisher land.

Nigeria under the companies and allied matters act or any corresponding law. Administrative appeals tribunal act 1975 australia. Understanding administrative law fourth edition by william f. Law of evidence how to resolve conflicts in traditional history. Igbo african legal and justice system a philosophical analysis. This vests in the local government variety of powers in relation to land use, control and management in respect of land not in urban areas. Pdf the land use act and land ownership debate in nigeria. Bolstered by historically high gold prices, a lack of viable alternative livelihoods, and a ready if expensive supply of mercury, there has been a resurgence of asgm activities in northern nigeria.

Order of injunction circumstances where the court will grant an injunction damages where the court can award damages on trespass to land. Laws of the federation of nigeria an act to provide for the exploration of petroleum from the territorial waters and the continental shelf of nigeria and to vest the ownership of, and all onshore and offshore revenue from petroleum resources derivable therefrom in the federal government and for all other matters incidental thereto. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Assessing the theory and practice of land value taxation. The federal republic of nigeria is an african country known for its history and culture, natural landmarks and wildlife reserves. It is basically focused on the understanding of land tenure from a nigerian perspective, types of land tenure systems, the land use decree and its constraints in relation to agricultural production and above all, the impact of land. The aim is to state the law as it stands at present, and to identify any aspects which need to be modified in order to better serve the ends of justice. Nigeria customs service and all the members of the national toxic waste dump watch committee on the illegal shipment of weee. Tax policy, tax legislation and tax administration. At a 2day nigeria meeting organized by the overseas development institute, london, 1617 june 2004 contact. There are a number of crucial documents to ask for when you buying a land in nigeria. Noun school of law study materials and courseware using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management. Land use agreements, including renting, are an important intersection of property and contract law.

Two of these operated nationwide while the others followed the usual north. Tax policy forms the basis for tax laws while tax administration is the implementation of the tax laws. Land administration service delivery and its challenges in nigeria. Practice and procedure attitude of the supreme court to concurrent findings of the lower courts. Recent developments in intellectual property laws in nigeria. In the south, ethnic customary law took prevalence. Artisanal and smallscale gold mining asgm has long been practiced in nigeria and around the world. National open university of new english file advanced pdf free download nigeria. Evidence statement on oath duty of the trial court to decide between two versions. Constitution of the federal republic of nigeria 1999 arrangement of sections chapter i general provisions part i federal republic of nigeria 1.

The paper further contends that the present land ownership system in nigeria as enshrined in the land use act of 1978 has socialist inclinations with excessive. It can be observed that the administration appears to favour the analogy with a lease, at least in its official documents. Most disturbing is that, though statutory law and international laws have affirmed womens rights to land and other property, women are often denied access and ownership to property due to unfavorable customary practices. Winding up of a company in nigeria is the liquidation and dissolution process of any given company in nigeria. Youll need to have the information of the buyers and sellers. Youll need to have size of the land, location, the local government lga, and state within nigeria.

Contesting land in nigeria, the land use decree of 1978 empowered local, state and national government administrators to regulate the occupancy, use and transfer of land in the name of greater equality and national economic development. On 29 march 1978 the federal military government of nigeria promulgated the land use decree which, with immediate effect. At the international level, nigeria is networking with the international community to control ewaste, e. But because tort law has a corrective structure, it discharges this priority indirectly and backhandedly. The normative interests in exclusive control over and use of land are defined not by any one tort doctrine but by the coordination of all the relevant ones in the right land use disputes. This section provides that every nigerian shall have the right to acquire and own immovable property anywhere in nigeria. Multiplicity of nfpa 101 download free pdf land laws in nigeria prior to the promulgation of the land use. Jun, 2014 they safely gave this conclusion on the fact that the land use act of 1978 the main legislation on real estate in nigeria has transferred the ownership of all lands to the government and it is. This paper examines the process of public land acquisition in oyo state. As a result of this, any land law that restricts a nigerian from owning land in nigeria would be inapplicable. The land use act which was enacted in 1978 is one of the most far reaching and controversial legislations in nigeria. In addition, if the division of familyowned land is evident, this usually signifies an end to the communal or family ownership of the land. Equality before the law this notion implies that no one is above the ordinary law of the land and that no matter high or low is.

Administrative law latest nigerian supreme court cases. The nigeria tax system, like any tax system, is a tripartite structure which comprises of. Despite early documentation of land ownership in nigeria and cameroons meek 1957, it. Inheritance is a critical mode of property transfer in subsaharan african countries. Abstract this work deals with the law governing landlord and tenant relationship in nigeria. Nigeria, tenure, agrarian, land law, land reform, property rights, land conflicts. The purpose of the workshop was to identify the challenges that confront african union au member states with respect to the rule of law and to propose strategic actions that could be used to overcome the identified.

Historical evolution of land law sources of nigerian land law terminologies. The act vests in the governor of a state, the ownership of the land in the state. It is for this reason it has been said that the study of land law is a. Ebook issues in customary land law as pdf download. Customary laws have been the body or corpus of laws and customs that is indigenous to each ethnic group and evolved from time immemorial. The indigenous land tenure and nationalization of land in nigeria. Land registration within the framework of land administration. Download this land law text book from national open university. The indigenous land tenure and nationalization of land in. Subscribe to law repository posts comments how do you rate our legal system in nigeria. The main way of gaining land in nepal is through inheritance, which is largely patrilineal. The paper argues that land ownership structure in nigeria has evolved over the years until 1978 when a single land policy document, otherwise known as the land use act of 1978 was established to. We live on it and finally rest on it the rules governing it are forever complex, because of tile conflicting claims to its ownership.

Examples of nuisances include pollution, noxious odors, and excessive noise. Nigerian context and to be able to distinguish aspects of the democratization. Nigeria and highlights key issues in 10 recent judgments on ip law in nigeria. This shows that in a bid to establish an effective and efficient tax system. Situations where a licencee denies or challenges the title of the landlord concurrent findings of facts. Introductionhistorical evolution of land law in nigeria. We identified the following eleven general categories based on the actions references. This means that we have igbo customary law, hausa customary, yoruba customary law and what have you. Federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. It is a practice that was hardly known to customary law. Land rights and land conflicts in africa carried out for the danish. Although the law in nigeria would appear not to stipulate a time frame, it must be understood that the landlord and tenant are in contract and it is only when both parties agree that any changes can be made to that contract.