Thursday 12 November 2015

TRACE THE LAND STRUCTURE IN YOUR LOCALITY BEFORE AND AFTER THE PROMULGATION OF THE LAND USE ACT


TRACE THE LAND STRUCTURE IN YOUR LOCALITY BEFORE AND AFTER THE PROMULGATION OF THE LAND USE ACT
 
ABSTRACT
In most of the Northern States of Nigeria Muslim law has so much ascendancy that it is difficult to separate customary law from Muslim doctrine. This situation confuses our understanding of the basis of the land tenure practices found in the area. The land tenure system shows ambivalent features and seems to have had its origin in the traditional African concepts of communal ownership as well as in Islamic concepts which favour individual ownership. This paper reviews the trace the land structure in Zaria in Kaduna state, northern Nigeria before after the promulgation of the Land Use Act.


INTRODUCTION
Land structure is the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land. For convenience, “land” is used here to include other natural resources such as water and trees.) Land structure is an institution, i.e., rules invented by societies to regulate behaviour. Rules of tenure define how property rights to land are to be allocated within societies. They define how access is granted to rights to use, control, and transfer land, as well as associated responsibilities and restraints. In simple terms, land tenure systems determine who can use what resources for how long, and under what conditions.

Zaria is a major city in Kaduna State in Northern Nigeria, as well as being a Local Government Area. Formerly known as Zazzau, it was one of the original seven Hausa city-states. The 2006 Census population was estimated as 408,198. the town is home to Zazzau Emirate.

The land system of a given society is the manner in which land is owned and possessed. It is an institutional framework within which decisions are taken about the use of land, embodying that legal or customary arrangement whereby individuals or groups or organizations gain access to economic and social opportunities through land (Udo, 2003).

The land system is also constituted by the rules and procedures which govern the right and responsibilities of both individuals and groups in the acquisition, use and control of land. They are inferior in quality and include leaseholds, life interests, kola tenancy, mortgage, borrowed interests, pledges, among others (Nwabueze, 1972). The land ownership structure in Nigeria and Niger state in particular is based on the absolute and derivative interests. The structure of ownership of these interests in the country has evolved through three major periods.

Land Ownership in Zaria Before Land Use Act
The predominant land structure in Zaria a local government in Kaduna before the enactment of Land Use Act was the customary land tenancy where land holdings were owned by villages, towns, communities and families. Land was deemed not owned by individuals but by communities and families in trust for all the family members (Omuojine, 1999).

The legal estate under customary land tenancy is vested in the family or community as a unit. During this period, land belonged to the community or a vast family of which many are dead, few are living and countless members yet unborn. Thus individuals had no such interest as the fee simple absolute in possession as the actual ownership of land or absolute interest was vested in the community itself. Interests or rights of individuals in community land were derivative interests.
The following are the major land structure in zaria before the promulgation of the Land Use Act: 
1.     Communal Lands: The community lands comprised lands which the entire community has an individual or proprietary interest. Such community lands were supervised and administered by the chiefs and traditional rulers.
2.     Stool or Chieftaincy lands: The stool or chieftaincy lands were found mostly among the ruling families and comprised the emir’s palace and the surrounding lands.
3.     Family lands: The family lands were lands that were vested in the members of the family as a corporate group.
4.     Individual or Separate property: The family lands were lands that were vested in the members of the family as a corporate group. Individual property comprised lands whose title was vested on individuals and was obtained by partitioning of the family land to individual members of the family.

LAND STRUCTURE AFTER THE LAND USE ACT
The Land Use Act of 1978 is made up of eight parts of fifty-one sections. It addresses four important issues arising from the former land tenure systems in Nigeria: The problem of lack of uniformity in the laws governing land-use and ownership; the issue of uncontrolled speculation in urban land; the question of access to land rights by Nigerians on equal legal basis; and the issue of fragmentation of rural lands arising from either the application of traditional principles of inheritance and/or population growth and the consequent pressure on land. It approaches these issues via three related strategies: the vesting of proprietary rights in land in the State; the granting of usufructuary rights in land to individuals; and the use of an administrative system rather than market forces in the allocation of rights in land(Uchendu 1979:71; Francis 1978:12).
In the discussion that follows, the structure of the Act will be followed. The General principles of the Act state that: subject to the provisions of this Decree, all land comprised in the territory of each State in the Federation are hereby vested in the Military Governor of the State and such land shall be held in trust and administered for the use and common benefit of all Nigerians. (Nigeria Land Use Act 1978: Part 1: A. 49).
By this provision, the Act altered the existing land laws (particularly in the Southern part of the country) in three fundamental ways: it removed corporate .groups, families and chiefs from the trusteeship of land and replaced them with the State governor; individual interests in land which have expanded with economic development arising from the 'oil boom' are now one of occupancy and therefore fall short of the plenary. Consequently, the community's alloidal interests in land are denied or frozen: and the Act broke up local sovereignties and merged them into a single sovereign (Uchendu 1979). In part I titled 'General,' apart from the vesting of all land in the State, the Act also distinguishes between two types of land - urban and other lands (presumably rural lands).
While urban lands were placed under the control and management of the Governor of the State with a 'Land Use and Allocation Committee' as an advisory body, on the other hand, 'other lands' were placed under the control and management of the Local Government in which the land is situated with 'the Land Allocation Advisory Committee' (Land Use Act 1978: Sections 2(1 )a and b). Two radical changes flow from Part 1 of the Act. The legal status of the Nigerian land user becomes that of statutory occu-pancy, not one of ownership'; and the economic interests and benefits of 'statutory rights of occupancy are severely limited by law since proprietary interests in land are lost and claims are restricted to improvements made on the land.
For the interim management of land, the Act provides that the land tenure law of Northern Nigeria or the State law of Southern Nigeria shall have effect with modifications as will bring these laws in conformity with the Act under review. Furthermore, in Part II of the Act, which introduces the new land tenure law, distinctions are made between statutory and customary rights of occupancy leading to the changing of the traditional system or rules of inheritance to land.
Finally, the new tenure system introduced is not only contractual but also a dependent type of tenure. While the Governor is empowered to grant statutory rights of occupancy within his State, the Local Governments may grant customary rights of occupancy essentially for agricultural purposes. The grant, however, may not exceed 500 hectares if used for agricultural purposes or 5,000 hectares if used for grazing. Part III of the Act deals with rents, its provisions being dictated by two important policy issues: the political necessity to remove land from market speculation and the economic imperative of ensuring that available land is 'not banked but used productively' (Uchendu 1979:79).
Conclusion
It is clear from the foregoing analysis that land structure under the Land Use Act has provided an appropriate enabling environment for prospective investors, private individuals and other corporate bodies. The various criticisms of the Land Use Act have provided elements that can move the nation forward. They clarify options to deal with the issues of the complexity of rights now streamlined in the Act. This can lead to efficient system of land management. The legal, institutional and technical frameworks for land management should be linked. It must be noted however that such legal, institutional and technical frameworks alone do not determine the policy choices. Rather, the choices define the framework with which to design an appropriate system of land management.




REFERENCES

Land Management Under the Land Use Act retrieved from http://www.onlinenigeria.com/land/?blurb=530

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