CHAPTER ONE
INTRODUCTION
1.1 Background of the study
The land use Decree No. 6 of 1978 otherwise popularly called Land Use Act was promulgated on 29th March, 1978, the effective date of the commencement of its operation in Nigeria. It is a statutory approach or device used by the federal government to consolidate and harmonize the diverse tenures prevalent in the country before the promulgation. It aims at ensuring the protection of the rights of all Nigerians to enable them to provide for the sustenance of themselves and their families.
It abolished the age long tradition of private ownership of land in the south and introduced a uniform system of land tenure throughout the country.
Land tenure under this dispensation means that; one cannot have an interest in land beyond the terms granted to him by the statute (usually 99 years) and such interest is renewable on expiration.
The act vests all land comprised in the territory of each state (except land vested in the Federal Government for its agencies) solely in the hands of the military governors of the state who would hold such land in true for the people.
Finally, the promulgation of this Act was as a result of two main factors;
Firstly, was the diversity of customary laws on land tenure and difficulty in applying the various customs of the different peoples.
The second factor was the rampant practice in southern Nigeria with regards to fraudulent sales of land. The same land would be sold to different persons at the same time giving rise to so many litigations.
Land being the most universal, most valuable, probably the most controversial assets, the one and the only foundation of all human activities, requires a planned system of holding, control and regulations so as to avoid misuse and abuse of rights thereof.
In the words of Taslim O. Elias, (a renowned Jurist). “The indigenous system does not admit that land can ever be without an owner” indeed, if land (Real property), were to be a “res nullius” (something belonging to none), it will be valueless in the economic sense, there will be no question of compulsory acquisition, purchase, revocation and subsequent compensation. It may not be out of place to suggest that without valid control and regulation, ownership of land may depend purely on the physical strength of an individual or how violent the person can be. Such situation will definitely be anchoretic.
This work therefore unraveled the effects of Land Use Act, 1978 to prospective investors on real property (land), estate surveyors, private individuals etc, particularly in Enugu urban.
Since its promulgation however, the land use Act has been under intense fire as virtually almost every part of it has been criticized. The Act hardly went down well with traditional Nigeria, mainly because of the factors of interest in communal land ownership comprising several dead ancestors, relatively few living members and countless unborn generations. Many of their forefathers and mothers lost their lives in the process of acquiring the lands and were buried there. Unless their bodies and bones are exhumed, it remains a taboo to leave those lands. One therefore observes the existence of several motives and circumstances attracted to land ownership. In traditional Nigeria, many of which are non – economic and therefore cannot assuaged monetarily since the owners do not sale, alienate or part with land as freely or easily as other commodities.
Professionally speaking, land and its attributes, features and components embodies value in encounter.
1.2 STATEMENT OF THE PROBLEM
From the above discussions, certain questions might be identified that certainly, needs answers. They include;
1. Is the land use decree 1978 (now Land Use Act) implemented to its fullest apart from over use of such powers by state governors?
2. What are the problems associated with the techniques for valuing properties compulsorily acquired for compensation under the act?
3. What is the effect of the Act on compensation?
4. What adjustments should be done to the compensation, revocation of rights of occupancy for overriding public interests, allocation of land for Agriculture and grazing sections of this Act?
5. What should be the appropriate technique for valuing properties compulsory acquired for compensation purposes under the Act?
6. What should be the appropriate technique for zoning of land and building and valuing properties compulsorily acquired compensation purpose under the Act?
7. What effect has the Act posed on the price mechanism of land and buildings?
1.3 AIMS AND OBJECTIVES
The objectives of this research would be as follows:
a) To ascertain whether the powers exercised by the state governors under Land Use Act and the general over – view of this Act pose a threat to effective land use.
b) To identify the possible problems associated with property development as a result of the Act.
c) Suggesting the necessary adjustments that need to be made to the revocation, compensation of rights of occupancy in sections of this Act, in order to promote property development.
d) Suggesting an appropriate technique for valuing properties compulsorily acquired under the Act.
e) To suggest the right professional capable in assisting the government on land transactions and other improvements on land.
f) Suggesting towards ensuring adequate compensation for a revoked right of occupancy.
g) Finally, proffering ways of reflecting the realities of social, traditional and economic norms posed by the Land Use Act to the modern society.
1.4 RESEARCH HYPOTHESIS
H0: The Land Use Act did not create any problem to the ease of accessibility to land for property development in Enugu.
H1: The Land Use Act has created problems to the ease of accessibility to land for property development in Enugu.
H0: The Land Use Act has not imposed any difficulty in land acquisition for property development in Enugu.
H2: The Land Use Act has imposed some difficulties on land acquisition for property development in Enugu.