#NaijaKnowledgeX: The (Nigerian) 1978 Land Use Act

#NaijaKnowledgeX May 22, 2021

 

On today’s #NaijaKnowledgeX, let’s talk about the Land Use Act, 1978. It puts all land in the hands of Governors allegedly in trust for us. What is the effect of that on productive capacity? How did we own & exchange land before 1978? If we abolish the Act, what will replace it?

8:18 AM · May 22, 2021·Twitter for iPhone

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Vincent

@vincetita1

 

May 22

Replying to

@DrJoeAbah

We can not be talking about resource control when an individual cannot control his ancestral land. Why should I hold the land where my forefathers were buried on renewable lease?

 

Dr. Joe Abah

 

@DrJoeAbah

 

May 22

How do we move forward, in your view?

 

Oyebo Dayo Sunday

@oyebosunday

 

May 22

I think all landes should belong to those who either buy it or have their ancestors gave it to them on inheritance, this 1978 act is completely against our culture. If culture is what shape governance then that act should be abolished

 

ENOYEN

@EnoImoi

 

May 22

Replying to

@DrJoeAbah

The Act is a mixture of good & evil. It makes easy accessibility to land for public usage without adequate compensation for original land owners.

 

Dr. Joe Abah

 

@DrJoeAbah

 

May 22

How do we improve it, please?

 

Dr. femi bankole-allibay

@femibanks

 

May 22

LUA of 1978 has the law of eminent domain as it’s base. To make it functional, clauses such as “overriding public interest” need to be clearly defined to mean “public utilities” only. Compensation need to be transparently calculated using “replacement” market rates and ownership

 

Dr. femi bankole-allibay

@femibanks

 

May 22

…ownership structures such as usufructuary rights, cultural rights, communal rights, etc., need to be recodified and based on participatory policy procedures be clearly defined, from a compensation perspective. A well synched multi-layered land administration system is also due

 

 

Cicerone

@ciceroxandros

That land Use Act was – to use Fela’s parlance-an act of authority stealing. Govt by fiat law made itself the custodian of land and in a certain way owners of land. B4 1978 land particularly in the South was under freehold under d custody of individuals, families or communities

9:01 AM · May 22, 2021·Twitter for Android

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Dr. Joe Abah

 

@DrJoeAbah

 

May 22

Replying to

@ciceroxandros

But wasn’t the same land sold to multiple people by those families?

 

Cicerone

@ciceroxandros

 

May 22

Yes but even under the present regime we still have incidents of people with a C of O selling to two different people. Even worse is govt itself (happens with FCDA very well) issuing C of O to two people. Instances like that the courts apply the principle of first in time.

 

Dr. Joe Abah

 

@DrJoeAbah

 

May 22

Yes but civil cases typically take at least 10 years to settle in our courts.

 

Cicerone

@ciceroxandros

 

May 22

Yes so you see that we have an ecosystem of dysfunctionality. Many laws by themselves are workable but when issues arise (as is normal) and justice cannot be speedily dispensed it now reflects on the law itself as if it is a bad law

 

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

May 22

We still have the same issue till today and the same govt in charge of the land is complicit in this case. Govt agencies issue multiple C of Os, there are numerous land cases in our courts, the number keeps increasing so what is the benefit of the law? Restricted access to a few.

 

Cicerone

@ciceroxandros

 

May 22

I am currently handling four cases relating to this issue against the FCDA. It’s the usual wuru wuru and in cases where it is not wuru wuru, sloppiness and lack of records is to blame. If our justice delivery system was fast, issues like this would have been reduced.

 

WilsTips

@TipsWils

 

May 22

My mom had to let go a property she purchased because it was sold to another person after a while. Our laws are always sloppy and gives room for loopholes

 

They give you certificates of occupancy not ownership just to tell u remember we can collect our land anytime

8:25 AM · May 22, 2021·Twitter for iPhone

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Dr. Joe Abah

 

@DrJoeAbah

 

May 22

Replying to

@isexcel

How do we change it?

 

20+ Pisces MAN

@iam_iykechris

 

May 22

Replying to

@isexcel

and

@DrJoeAbah

Land must be collected at a pay of compensation, Amaechi did it in rivers state during his term as a Governor. The effect of the COO is a lease term of 99years majorly and other term of years depending on the kind of interest the owner has on the land.

 

Ibro Makanaki

@IbrahimAdesoye

 

May 22

Replying to

@isexcel

and

@DrJoeAbah

Some people don’t understand the full meaning of CofO Certificate of Occupancy.

 

 

I was told, its only the Oba of Benin that can sign the C of O in Edo state and not the governor of the state.

8:49 AM · May 22, 2021·Twitter for Android

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Dr. Joe Abah

 

@DrJoeAbah

 

May 22

Replying to

@sunnysatsystems

Really? How true is this?

 

ÈFOSÀSÈRÈ

@Efosa_Evb

 

May 22

Not true. However, the Oba of Benin approval is part of the documentation needed for CofO.

 

Dr. Joe Abah

 

@DrJoeAbah

 

May 22

Really? Wow! Is that in any law or is it just custom.

 

ǝɔı ɐʍgn

@Iceugwa

 

May 22

I think it’s just the custom and not a law

 

ǝɔı ɐʍgn

@Iceugwa

 

May 22

Replying to

@sunnysatsystems

and

@DrJoeAbah

C of O is only signed by the state governor. However, I think you will also need an approval from the oba of Benin to process same.

 

Desideratum

@FerdinandObiora

 

May 23

Replying to

@sunnysatsystems

and

@DrJoeAbah

That is a big lie please.Very big lie.The governors of the 36 states signs C of O

 

Christ in me…

@detayomanuel

 

May 22

Replying to

@sunnysatsystems

and

@DrJoeAbah

Guys, there are some statements you hear that needs to be thoroughly investigated and probed. C of O, in a state? Bros, even you sef know it can’t be true.

 

Aiyoosayande

@OsayandeAiyanyo

 

May 22

Replying to

@sunnysatsystems

and

@DrJoeAbah

Not true! Oba of Benin doesn’t sign C of O in Edo state.

 

Soji

@Soojaey

 

May 22

Replying to

@sunnysatsystems

and

@DrJoeAbah

You guys!!!

 

Vincent GeoGiant™►

@vinojinnaka

 

May 22

Replying to

@sunnysatsystems

and

@DrJoeAbah

That’s not true.

 

Dr. Joe Abah

 

@DrJoeAbah

 

May 22

On today’s #NaijaKnowledgeX, let’s talk about the Land Use Act, 1978. It puts all land in the hands of Governors allegedly in trust for us. What is the effect of that on productive capacity? How did we own & exchange land before 1978? If we abolish the Act, what will replace it?

 

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

Replying to

@DrJoeAbah

Land use act prevents access to capital in the rural areas. It’s a stumbling block to development especially credit, mass housing and Large scale farming. Can you imagine that Amaechi is struggling to get Land from Oyo state govt for a dry port?

Quote Tweet

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

  • Sep 21, 2020

I hope the FG will repeal the land use act and give land ownership back to communities and rural dwellers. We cannot defeat rural poverty when we have assets / dead capital locked away. The greatest route to wealth in rural communities is their land.

Show this thread

8:42 AM · May 22, 2021·Twitter for Android

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Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

May 22

Replying to

@fimiletoks

and

@DrJoeAbah

Fashola couldn’t get land from states to build his housing program. Rural dwellers can’t access credit because the only collateral they have, which is their land, is locked away from them. The right / C of O lies with the state.

 

AyKay

@kidtirangle

 

May 22

This is not a problem of the Law. The Law makes Land available public use and benefit.

 

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

May 22

How many C of Os has your governor signed and issued this year? What is the turn around time of land transaction and documentation in your state?

 

AyKay

@kidtirangle

 

May 22

The law is that once you buy a land pending Governor’s Consent or C of O, you will have an equitable/beneficial interest in that land. Your legal interest is inchoate pending the GC or CofO. So documentation does not prevent the use and enjoyment of your land.

 

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

May 22

Can you access a loan with the land? How easy is it to secure commercial loans and investments with a land without a C of O? Land is credit locked away.

@retsonbiz

please can you share how long it took you to secure land at Gaate, a rural community for commercial farming?

 

Retson Tedheke

@retsonbiz

 

May 22

Importantly Without the Communities, It is War and You Will Waste Money, Effort and Goodwill Getting Land Even When What You Want to Do is Favourable to The Host Community. We Wey No Well Plenty For NAIJA. More Must Be Done Because th Private Man Should Not Have 2B Govt 2Succeed!

 

Yinka

@Jimlayinka

 

May 22

Replying to

@fimiletoks

and

@DrJoeAbah

What assures you that if lands are given back to the communities, Ameachi would be able to access land for dry port. Like the Gov Seyi, the community may resist. However, Gov Seyi’s position is driven by politics to frustrate the FG ahead of 2023. Who is the biggest looser?

 

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

May 22

Give the land back to communities and let them resist if they feel that is the best decision for them. The land does not belong to the governor, the governor has 8 years maximum tenure, he shouldn’t determine the fate of the communities. The land belongs to the communities.

 

Mayowa Peters

@MayowaPeters4

 

May 22

So,was Mimiko right when he allowed the community’s will to prevail at Olokola and deny Ondo State the Dangote refinery that would have transformed the state struggling significantly?

 

kiraani Babatunde Mai Gemu

@lobatan_tunde

 

May 22

But the community after seeing the news about Lagos getting it would have probably learned their lesson and won’t try such again.

 

Memphis

@FlexMaster_Nate

 

May 23

That is if they ever get a similar opportunity in future. Such jackpots come once in several life times

 

Kazeem Kaslie

@kaslie_k

 

May 22

Replying to

@fimiletoks

and

@DrJoeAbah

The governors will just wake up one day and take all your land, no matter what you have on the land.

 

Dr. Joe Abah

 

@DrJoeAbah

 

May 22

On today’s #NaijaKnowledgeX, let’s talk about the Land Use Act, 1978. It puts all land in the hands of Governors allegedly in trust for us. What is the effect of that on productive capacity? How did we own & exchange land before 1978? If we abolish the Act, what will replace it?

 

De Peoples Advocate

@Timotynwachukwu

 

Replying to

@DrJoeAbah

Only lands in urban areas are under the gov. Lands in rural areas are under the local govt. Natural resources under the federal government.

8:23 AM · May 22, 2021·Twitter Web App

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Dr. Joe Abah

 

@DrJoeAbah

 

May 22

Replying to

@Timotynwachukwu

Are you quoting from the Act, please?

 

Ebuka Aneke-Agu

@AguAneke

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

Lie. Land both in urban and rural areas are under the trust of a governor.

 

De Peoples Advocate

@Timotynwachukwu

 

May 22

The Act distinguishes throughout between urban and non-urban (rural) land. In urban areas (to be so designated by the Governor of a state), land was to come under the control and management of the Governor. In rural areas, it was to fall under the local govt

 

Sunnyblue

@sunnysatsystems

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

You are wrong, all land belongs to the state, can only be acquired through the state ministry of lands and housing, for infrastructural development, even federal government passes through the states.

 

Olúwaṣeun Olúwaṣínà Havilah-Odusanya

@havilaHDavy

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

Ownership of land is different from its administration. Land ownership in urban areas are supposed to be administered by the state while the local government administer for rural areas. But power play, greed and politicking has destroyed all of those structure. Hence, we are here

 

ROUN

@EverROUN

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

This submission is contrary to and in conflict with Sections 1 and 5 of the Land Use Act.

 

De_JJK #RestructureNigeria

@IamJohnjoy

 

May 22

Can you state clearly please

 

Vincent GeoGiant™►

@vinojinnaka

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

According to the Act you’re right, but how can you distinguish between urban and rural land?

 

_Bahupali

@_sonofthesoil

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

 

 

Mavreek #MGD

@MavreekMam

 

May 22

This law makes no serious..

 

your property plug

@Realtor_Peace

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

Source please????

 

Modupeola Fagbenro

@wura360Modupe

 

May 22

Replying to

@Timotynwachukwu

and

@DrJoeAbah

This is amazing ..

I wrote a thread on this issue a while ago.

Quote Tweet

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

  • Apr 10

I am more worried about rural poverty in Nigeria. There is no magic any central government including state govt can perform to lift 50% of Nigerians who are mostly rural out of poverty. With dwindling revenues and a ballooning population, other avenues must be considered.

Show this thread

8:39 AM · May 22, 2021·Twitter for Android

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Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

Apr 10

It we don’t address rural poverty, there is no way we can stop crime, banditry and terrorism. These bandits and terrorists will always have a large number of able bodies to always recruit from. They only need to be promised a “better” life.

 

Teejay

@tajudine2013

 

Apr 10

Replying to

@fimiletoks

We need to campaign against population growth. And this government is not doing anything about that.

 

cho_cho

@OpinionMaster4

 

Apr 10

Replying to

@fimiletoks

Avenues like what?

 

H.E Kolade

@Cpt_Nok

 

Apr 10

strengthening local government administration on critical services like health, education, emergency and security. Incentivizing businesses in rural areas & strengthening the judiciary at that level to address disputes promptly. Even resource control should rest with local govts

 

TT

@temitayoojotayo

 

Apr 10

Replying to

@fimiletoks

That’s where strategic & specific govt policies will work wonders. Just give these people subsidised constant electricity supply, free but quality education (upto the secondary level), free health care and SECURITY. Thats all. Any government that can achieve this has succeeded

 

IB Olats (Abu-Aishah)

@IBblaq

 

Apr 10

Is there any rural community that does not have a representatives, at the local, state and federal level? If all the politicians truly value Nigerians, the poverty will reduce, regardless of the system.

Show replies

 

Aniedi Bassey Ethan

@eduardo_ethan8

 

Apr 10

Replying to

@fimiletoks

Rural poverty can be eradicated….. First we have to be ready. There are various policies that can be put in place for that. All we need is mind change and be ready as a nation. China with billions in population did it…… It’s not magic!

 

Yusuf B. Abd’lmajeed

@mahjid16

 

Apr 11

The funds that is needed to eradicate poverty in the rural level is not even up to the half that will needed for urban areas, just genuine efforts and determination

Show replies

 

Olukayode bakre

@kayodebakre8

 

Apr 10

Replying to

@fimiletoks

1- Ensure the Local Govt system work. Funds to that level of govt must be utilised there. 2- It is said that 90% of most rural communities are farmers. So ensure Farmers are able to quit basic subsistent farming and turn farming to Agribusiness. 3- Empower women in Local….

 

Michel_B:9

@231_michel

 

Apr 10

Start from the foundation. Dismantle the 1999 constitution. Then, the aforementioned thoughts becomes realistic.

 

A.F

@a_faruk9

 

Apr 10

Replying to

@fimiletoks

Restructuring of government and reorientation of Nigerians might help if done properly.

 

Kp Lago†

@Kp_lago

 

Apr 10

Replying to

@fimiletoks

and

@PrinceAdebanjoO

I agree with you on many parts n disagree on just 1. A willing government that understands that having a very low % index on poverty is the only way for sustainability and stability in a developing country can get it done as the infrastructure to eradicate poverty exists in 9ja.

 

H.E Kolade

@Cpt_Nok

 

Apr 10

Replying to

@fimiletoks

One would think it’s simple to see and tackle. Truth is if we aren’t deliberate abt developing our rural areas, we go nowhere!

 

Alpha Mariam Chiamaka

@mariampearls

 

Apr 10

Replying to

@fimiletoks

I thought I was following you, damn!!!

 

Dagogo E. Obele

@sendaggy

 

Apr 10

Replying to

@fimiletoks

If the local government system is fixed and allowed to work, it will go a long way addressing rural poverty

 

𝕵𝖆𝖒𝖎𝖑 𝕽𝖆𝖇𝖔 𝕬𝖇𝖉𝖚𝖑𝖑𝖆𝖍𝖎

@jameelrabo

 

Apr 10

Replying to

@fimiletoks

Some of the things government must do is to ensure financial inclusion at the rural areas mostly, make available policies on agriculture and trading which they will directly benefit.

@FmardNg

@FmardPace

#AJFJP is looking that way this wet season.

 

Jimi Adejare

@JimiAdejare2

 

Apr 10

Replying to

@fimiletoks

Going by this ,rural-urban migration has to be halted or reduced, provision of amenities including light, and good roads and encouragement of establishment of industries in rural areas will go a long way. Otta and environmental git developed because of industries, ditto for ibese

 

Jimi Adejare

@JimiAdejare2

 

Apr 10

Replying to

@fimiletoks

Establishment of universities and other tertiary institutions will go along way, the effect on adjourning villages and towns could be geometric in progression. Places like alabata, ago iwoye etc would have continued to be poor if not for the universities

 

Jimi Adejare

@JimiAdejare2

 

Apr 10

Replying to

@fimiletoks

There should be deluberzte siting of special institutions and industries in rural areas, the effect of redemption camp in mowe/ibafo readily comes to mind. There are needs to spread development and siting industries close to raw materials , while rail and roads can transport prdt

 

 

 

 

Dr. Joe Abah

 

@DrJoeAbah

 

May 22

Replying to

@fimiletoks

Oh thanks, Doc. I’ll read now.

 

Dr. Guendouzi ( The Cerebral Assassin )

@fimiletoks

 

May 22

You can read the journal attached to the thread on the impact of the current land use act.

Show replies

 

:

@borie_nla

 

May 22

Replying to

@fimiletoks

and

@DrJoeAbah

By vesting ownership rights in the hands of governor , we’ve locked down wealth that is needed for growth and encouraged and affirmed generational poverty , on a whim any governor can decide to revoke rights simply because of a difference in opinion .

 

:

@borie_nla

 

May 22

Unfortunately both the government and people become losers , the laborious process of acquiring land for investors and commercial businesses.

 

:

@borie_nla

 

May 22

We talk about food inflation and productivity, the hassle of getting commercially size land for agriculture is heart attacking wrenching , we also miss the opportunity of expanding local economies .

 

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