LAND USE ACT

What Is This Policy?

The Land Use Act vests all land in each state in the Governor of that state to hold in trust for all Nigerians, replacing private freehold ownership with a system of statutory and customary rights of occupancy.

Who Does It Target?

All Nigerian citizens and residents who own, occupy, or use land Businesses and investors acquiring land for commercial or industrial use Government agencies managing land for public purposes

What Does It Aim to Achieve?

To nationalise land in Nigeria, give the government power to allocate land for development and public purposes, and make land accessible for all Nigerians regardless of social or economic status by removing absolute private ownership.

Key Features

State Control of Land: Vests all land within each state in the state governor, to be administered for the benefit of all Nigerians Statutory Rights of Occupancy: Replaces freehold ownership with statutory rights of occupancy granted by the governor for urban land and customary rights for rural land Governor's Consent: Requires the written consent of the governor before any right of occupancy can be transferred, mortgaged, or otherwise alienated Revocation Powers: Empowers the governor to revoke a right of occupancy for overriding public interest or breach of conditions, subject to compensation Customary Rights: Preserves and regulates customary law rights of occupancy for land in rural areas held under customary tenure

Current Status

Rollout Stage: In force since 1978; implemented through state land registries and allocation committees Coverage: Nationwide; applicable to all land in Nigeria Funding: State government budgets; land use charge revenue

How to Access

Persons seeking to formalise their rights over land must apply to the relevant state government for a Certificate of Occupancy. Application for a Certificate of Occupancy at the relevant State Ministry of Lands and Survey Survey plan prepared by a registered licensed surveyor Payment of prescribed land administration fees Evidence of the basis of the claim to the land Application method: State Ministry of Lands and Survey or relevant land allocation authority; local government council for customary land matters

Important Terms

Any dealing in land without the Governor's Consent (where required) is void A right of occupancy may be revoked for public purposes subject to payment of prescribed compensation

Official Resources

Website: Contact the relevant State Ministry of Lands and Survey

Legal Framework

The Land Use Act 1978 is a constitutional instrument — Section 315(5)(d) of the 1999 Constitution gives it constitutional status, making it impossible to amend without a constitutional amendment procedure. It operates alongside the 1999 Constitution (Section 44 — right to property), the Urban and Regional Planning Act 1992, the National Housing Policy, and the Environmental Impact Assessment Act 1992. State-level Land Use Acts provide complementary frameworks for state land transactions.