ASSESSMENT OF THE EFFECT OF LAND USE ACT (LUA) ON ACCESSIBILITY OF LAND FOR RESIDENTIAL PROPERTY DEVELOPMENT IN NIGERIA
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY Land is a natural resource which is physically fixed. It is the most fundamental basic resource around which our social structure revolves. Every activity requires the use of land and this makes land the most valuable asset of man. The survival of man depends on the availability of land and his ability to acquire and exploit it to satisfy his seemingly endless needs. This ability to acquire land is sometimes limited or hindered by social, legal, environmental and technological constraint both in the public and the private sectors of the economy. For the fact that individuals, governments and organizations need land, there has been great demand for the acquisition, use and development of land and it has not been easy to meet this demand (Babatunde, 2004).
The power of the State over land in Nigeria is concretized in the Nigerian Constitution which affirms the power of exercise of jurisdiction over all land in Nigeria by demarcating boundaries of all land areas, such as states and local governments in Chapter 1, Part II, Section 8. In addition, the Constitution incorporates the previously enacted Land Use Act (LUA) of 1978, which contains provisions on the ownership and administration of all lands in Nigeria (LUA 1999). In addition, section 44(3) of the Constitution specifies that all minerals in, on all land in Nigeria belong to the State. Thus effectively converting all mineral rich land to State property and potentially viable for appropriation. The situation under the LUA at present is that all land is held in trust for Nigerians by state governments (LUA 1999). However, any mineral rich land and land abutting on inland waterways belong to the Federal government.
The primary right of acquisition of land therefore rests within the purview of the state government although the federal government has the power to override the state power over land when the land is mineral rich.15 In addition, the Federal Government access to land under the Act is at the behest of the Governor under Section 28(2) (b). The Constitutional provisions are therefore to be read concurrently with the LUA Section 28. The LUA in 28 (1) gives the Governor the right to revoke a right of occupancy for overriding public interest, either for public purposes within the State.
Government all through the ages has recognized that land is an indispensable resource in a nation’s economic and social development. Over the years, different communities have made enactments respecting how land should be owned, developed and managed. In other words the use to which land should be put, the nature and extent of development to be carried out thereon and indeed all decisions affecting land are dictated by the land laws of the country (Denman and Prodano 1992):
Residential Property Development on the other hand is one of man’s most crucial needs, in that it represents man’s most tangible asset both to the private and the public investors. However before any development is carried out on a parcel of land, property rights must first be exercisable over that piece of land. These property rights are defined by the existing land laws of the village, community or nation. It must, therefore, be understood that the land law of any country is always intrinsically interwoven with the economic cum socio-political development of the community. In order words, the land cannot be divorced from the general history and development of any society
The Land Use Act of 1978 happened to be one of the legislations enacted in response to the yearnings and aspirations of most of the Nigerian people. This was greeted with ovation in Nigeria by the unthinking masses with high expectations that it will uplift Nigeria into one of the World’s Powers in Development. How much the Land Use Decree (Now Act) has gone in boosting development of the nation is yet to be seen. It is upon this background that this study seeks to find out the extent to which the Act has impacted on residential property development.
1.2 STATEMENT OF THE PROBLEM
The Land Use Act of 1978 was promulgated purportedly to enable Nigerians have quality access to land and to be able to enjoy not only the land itself but the natural fruits thereon. The fact however that is there is no certainty as to the extent to which the Act has affected property development in Nigeria and Abuja Municipal Area Council (AMAC) in particular. The Land Use Act (LUA) aimed at assisting in the acquisition of land by individuals for development of properties of all categories which will help in boosting the economy of the country. It seems however that the government’s promulgation of the Land Use Act has impacted negatively on the development of properties in the country as exemplified by the situation in the study area. This has resulted in the acute shortage of housing for various purposes, state of inertia in the property market, high rents in housing accommodation and several other social tensions. The debut of Land Use Act destroyed security of title to land and the ease of acquisition. A landowner needs security for his use and enjoyment of the land and may also require to protect whatever dealing the desires to have on that land. It has become clear that the processes of accessing land presently characterized by procedural delays and red tapeism. Thus the researcher deemed it fit to assess the effect of land use act on accessibility of land for residential property development in AMAC.
1.3 AIM AND OBJECTIVES OF THE STUDY
The aim of the study is to assess the effect of Land Use Act (LUA) on accessibility of land for residential property development in AMAC.
To achieve the aim of the study, the following objectives were pursued: -
- To determine the extent to which the objectives of the Land Use Act has been achieved;
- To identify the various socio-economic problems generated by the Land Use Act on residential property development;
- To determine the effect of the Land Use Act on accessibility of land for residential property development in the study area.
- To recommend better area of study on the Act with respect to property development as a means of providing effective strategy for increasing property stock.
1.4 RESEARCH QUESTIONS
To achieve the aim and objectives of the study the following research questions were raised:
- Has the objective of the Land Use Act in making land readily and easily accessible for Nigerian been achieved?
- What are the problems prompted by the Land Use Act to residential property development in the study area?
- What are the effects of the Land Use Act on accessibility of land for residential property development in the study area?
1.5 SIGNIFICANCE OF THE STUDY
The significance of the study lies to a great extent in setting a stage for a more urgent and more comprehensive appraisal of the effects of Land Use Act on residential property development in Nigeria particularly in Abuja Municipal Area Council (AMAC). In addition to this the study will also go a long way in educating the government on whether to review the Land Use Act or not in order to positively affect the accessibility of land for residential development of properties in the country.
This work will also be of importance to all those who may carry out further studies on Land Use Act among whom are:
- Research students for whom it will open an avenue for further research work.
- Land administrators and policy makers to whom it will give a general view of the problems and thereby pave way of reviewing the Land Use Act in order to facilitate development in the country.
- Property Developers, for whom it will raise great hope for better future access to land which will promote the development of more property stock.
- The indigenes and residence of AMAC who may now find it easier to participate in land matters for more effective property and overall development of the city.
1.6 SCOPE AND LIMITATION OF THE STUDY
This research work is limited to AMAC since it will not be possible to cover all the towns in the country in a study of this nature due to time and financial constraints. In assessing the effect of the Land Use Act on residential property development, attention was therefore focused on major districts of Abuja Municipal Area Council. This has the singular but important advantage of ensuring a more detailed investigation especially when the time limit for accomplishing the work is considered. In doing this however, recourse was hard to the general problems of residential property development, and Pre Land Use Legislation in Nigeria. This will act as a prelude to a proper understanding and appreciation of the effect of the Land Use Act on residential property development in the study area.
Limitations
Data collection proved the most difficult aspect of this research work not only as a result of the uncooperative attitude of many respondents sampled but because of repeated journeys made to administer the instruments due to absence in the house of the samples when visited.
Recourse to secondary data was also affected to an extent by non-availability of appropriate study materials. The greatest problem was however posed by finance.
1.7 OPERATIONAL DEFINITIONS OF TERMS
Development: The British town and country planning Act 1947 has defined development in 12 (2) as “The carrying out of building, Engineering, Mining and other operations in, on, over or under land or the making of any material change in the use of any buildings in other land”.
Residential Property: Residential property is a building that is used or suitable for use as a dwelling, or is in the process of being constructed or adapted for use as a dwelling; land that forms part of a garden or grounds of a building suitable for use as a dwelling.
Property: Is a legal concept encompassing all the interests, right and benefit related to ownership. Properties consist of the right of ownership which entitle the owner to a specific interest or interest in what is a physical entity and its ownership Olusegun (2003).
Property Development: Property development has a wide meaning, among Architects, Engineers and surveyors; it generally means the process of carrying out construction works which are associated with a change in use of land or with the re-establishment of an existing use. Such works would include the alteration, erection or re-erection of building as well as the construction of roads and drains, the building of river wall or even the layout of a plain field.
Developers: The developer is the prime mover in property market. He provides and supplies the property into the market by developing or acquiring them. He provides and sources the funds for the construction, purchase, or development of estate. The developer is principally an investor and a speculator and he goes into the property business with the principal aim and objectives of making profit.
1.8 BACKGROUND OF THE STUDY AREA
The Abuja Municipal Area Council be discussed without cross reference to the concept of Abuja itself. Abuja was created by Decree No 6 of 1976. The idea which was conceived as at 9th August, 1975 was occasioned by the need to decongest Lagos which had become too compacted and over populated to continue to discharge its dual function as a commercial centre and as the nation’s capital city.
There was the need to also find a central point accessible to all Nigerians within the geographic area and at the same time reduce the vulnerability of Lagos as easy target in the event of any external aggression due to its close proximity to the Atlantic Ocean.
On February 3rd, consequent on the recommendations of the Justice Aguda panel, Abuja was declared the new capital of the Federal Republic of Nigeria. It covers a land area of about 8000km2 and lying at an attitude 80 251 and 70 201 North and was exercised from the states of Kwara, Niger and Plateau. In order to facilitate rapid development to pave way for eventual movement of the Federal Government to the city, the Federal Capital Development Authority (FCDA) was established in accordance with the same enabling decree No 6 of 1976. In line with the provisions of section (4) (1) paragraph (c) and (d) of Degree No 6 of February 4th 1976, the Federal Capital Development Authority is to serve as an administrative organ of the Federal Government with the status of a state, thus the existence of council areas. Abuja municipal Area Council is one of the 6 local governments carved out of Abuja.
GEOGRAPHICAL LOCATION
Within the new capital territory, the districts constituting the Municipal Area Council are characterized with lowland and highland:
- The Hills
- The Plains
The his are Abuja, Zuma, Bwari, Aso, Zango-kuku, Karu, Agwai and Kwalara-Rubochi.
Elevations range from 550m to 760m on the highest point or plain (Kav) to 120m to 245m on the lowest (1Kv-Guarara) with a slope average of about 6%. Soils are deep and fairly well drained, made up of sandy, clay loam to clay loam on smaller hills and thin stormy sands on steep hills. Part savannah dominates the landscape of these plains into parches of light forest and wood varying in intensity and composition. The hills have much varying topography.
Abuja Municipal Area Council lies between latitude 90 131 an 80 101 North of the equator and longitude 70 351 and 50 251 East of Greenwich (Abuja the Nation’s New Capital, a publication of department of information Abuja 1995). The council has it secretariat at zone 2 Wuse District along Obasanjo way, west wards and sultan Abubakar way east wards. The council has a population of 378,671 (1991 population census) and bounded by Bwari local government area to the north, Mararaba local government of Nasarawa state to the east and Kuje local government to the south.
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