A REVIEW OF THE POWER TO GRANT AND ALIENATE TITLE UNDER THE LAND USE ACT IN NIGERIA

The Land Use Act governs the system of land administration in Nigeria. The Act spells out the rights, obligations and duties of landowners in the country. It also stipulates the corresponding duty of the governor to issue certificates as well as the requisite consent involving land transactions by virtue of his trusteeship of land on behalf of all citizens. The most important documents issued by the governor evidencing landownership include the Right of Occupancy and the Certificate of Ownership. A Certificate of Occupancy is a more amenable instrument and evidence of land ownership to the average landowner in Nigeria. Compared to the Certificate of Occupancy, little is known about the Right of Occupancy by the landowner. In fact, it could be argued that an average land owner rarely can identify the point when he would be said to have received a Right of Occupancy. By implication therefore, it follows that a Right of Occupancy gives rise to a Certificate of Occupancy and not the other way. The thrust of this article is a critical review of land administration in Nigeria with particular reference to the procedure and practice of obtaining the relevant title documents vesting ownership of land in Nigeria.