Land, Property & Trade

Land Use Act 1978

All land vested in state governors as trustees. Citizens hold land via Certificate of Occupancy (C of O). Constitutionally entrenched — hard to amend.

Signed
1978-03-29
Status
In force

1 Background

The Land Use Act is the bedrock of all Nigerian land tenure. It vested all land in the state governors as trustees for the people, replacing the patchwork of customary, freehold and English land law that existed before. Citizens hold land via Certificate of Occupancy (C of O) granted by the governor. The Act is constitutionally entrenched (Section 315 of the 1999 Constitution) — making it require a constitutional amendment rather than a simple Act to change. Reform has been discussed for 30+ years.

2 Key provisions (5)

01
All land vested in state governors
02
Citizens hold land via Certificate of Occupancy (C of O)
03
Governor consent required for assignment, mortgage, lease
04
Customary right of occupancy in rural areas
05
Statutory right of occupancy in urban areas

3 What changed in practice

Original revolutionary impact: ended freehold and customary disputes
Has been criticised for decades as anti-investor (governor consent = bottleneck)
Several states (Lagos, Kaduna) have introduced administrative reforms within the Act
Constitutional Fifth Alteration 2023 did NOT touch this Act

4 Who it affects

All land holdersProperty buyersState governmentsBanks (mortgage)

5 What it repealed / replaced

Other laws in Land, Property & Trade