Rethinking land administration in the Kwara state of Nigeria : towards enhancing the right of access to land

Abstract

Fundamental reform of the current system of access to land in Nigeria is imperative to ensure a process of land administration that is simple, accessible and sufficiently comprehensive to redress the impact of colonisation on the land tenure system that operates at present. Focus must be placed on the local government as well as the respective state in Nigeria because all the powers to confer access to land by individuals are concentrated in their hands. The Land Use Act of 1978 held the promise of bringing the much-needed reform. However, the status quo remains that the acquisition of a right of occupancy and a customary right of occupancy are the only title that is able to be held over land in Nigeria. This system has also been fraught with abuse, which is an issue that the Nigerian judiciary have repeatedly had to pronounce on. In this thesis, the historical evolution of registration of title to land and the effect of non-registration open up a new chapter in the quest for proper administration and access to land in the entire country. The entire system is held hostage by the requirement of obtaining consent from the Governor and the further impact of the family or village head serving as the trustee of the land, thus obstructing transactions on land involving transfer of interest in such land. Unfortunately, this results in economic prejudice to individuals and the country alike. For this reason, implementable solutions and recommendations as to how land reform could be enhanced in Nigeria are advanced.