Property
The Land Use Act vests all land in state governors and replaced ownership with rights of occupancy
The Land Use Act 1978 vested all land in each state in the Governor, held in trust for the people. Private parties hold statutory or customary rights of occupancy rather than freehold, and the Governor's consent is required for any transfer, mortgage or sublease — the central friction in Nigerian conveyancing.
Key rules
- Jurisdiction — State High Courts; land registries operate at state level with separate Governor's consent procedures.
Governing law
- Land Use Act, 1978, Cap L5 LFN 2004 — Entrenched by s.315(5) of the Constitution; Governor's consent required for alienation.
In practice
The Land Use Act is entrenched by s.315(5) of the Constitution, so it cannot be amended by ordinary legislation. It vests all land in the state in the Governor, who grants statutory rights of occupancy in urban areas while local governments grant customary rights of occupancy elsewhere. Section 22 requires the Governor's consent for alienation, and without it a transaction is inchoate — the Supreme Court in Savannah Bank v Ajilo confirmed the consequences. Certificates of Occupancy evidence title but are not conclusive. Compulsory acquisition for overriding public interest is permitted under s.28 with compensation limited largely to unexhausted improvements rather than market value of the land itself, which is the standing criticism of the regime. Perfection of title therefore involves consent, stamping and registration, and the delay and cost of the consent process is a well-documented constraint on the mortgage market.