REDRESSING THE NEGATIVE IMPACT OF THE LAND USE ACT 1978: REFORM TOWARDS RESTORATION OF PRIVATE OWNERSHIP AND FREE MORTGAGE TRANSACTION IN NIGERIA
), Eric Omo Enakireru(2),
(1) Department of Private and Property Law, College of Law, Western Delta University, Oghara, Delta State.
(2) Department of Public Law, Faculty of Law, University of Delta, Agbor, Delta State,
Corresponding Author
Abstract
The Land Use Act of 1976 was enacted to streamline land administration in Nigeria, reduce land speculation, and ensure equitable access to land for all citizens. However, despite these lofty objectives, the Act has imposed significant constraints on private land ownership and hindered economic development. By vesting all land in the hands of state governors and subjecting land transactions to the Governor’s consent, the Act has created bureaucratic bottlenecks, reduced land security, and inhibited the growth of mortgage markets. This paper critically examines the negative impacts of the Land Use Act on property rights and land-based financing. It advocates for comprehensive legal and policy reforms that restore aspects of private ownership and promote a more efficient, decentralized land governance system. Drawing on comparative legal systems from other African countries, this study recommends amendments to the Act to facilitate private land rights, encourage mortgage transactions, and stimulate sustainable economic development in Nigeria
Keywords
Land Management, Land Reform, Land Registration, Mortgage Transactions, Ownership of Land, Security
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