NBA, Others Laud Land Use Act Repeal

Some lawyers in Lagos yesterday, unanimously supported the proposed repeal of the Land Use Act, 1978, saying that the action would afford Nigerians more access to land for agriculture.
President Goodluck Jonathan had recently directed the Presidential Committee on Land Reform to work out modalities for the repeal of the Act, hoping that Nigeria’s Agriculture would thrive with the repeal.
In interviews with newsmen, the lawyers commended the Federal Government for the initiative, describing it as a welcome development.
Prof. Itse Sagay (SAN) said that although there were numerous advantages in the provisions of the Act, it had, in recent times, been subjected to corrupt practices.
“Before the enactment of the Land Use Act, there existed no authority whose signature had the effect of vesting title.
”This created a situation where a vendor buys and resells land to numerous individuals in the society, many of whom ended up in litigation.
“With the introduction of the Act, there now exists certainty of a title which is evident from the Certificate of Occupancy (C of O).
“However, it takes a long time to process a C of O, and in recent times, it has become an avenue for corruption,’’ he said.
He added that some corrupt public officers utilise the Act as an instrument for selfish gains.
”They no longer follow laid down provisions of the Act, but end up charging fees in excess of what the law provides” he said.
The Chairman, Nigerian Bar Association, Ikeja branch, Mr Onyekachi Ubani, told newsmen that it was necessary for the Act to be repealed.
He said that individuals were encountering difficulties in acquiring land.
“The Land Use Act provides stringent conditions for perfection of a title to land, one of which entails the consent of the governor.
“This has been a major factor militating against acquisition of land by individuals in a state, since there is always a great difficulty in obtaining such consent,” Ubani said.
He said that there was the need to make land accessible to more individuals.
A lawyer and social critic, Mr Festus Keyamo, said that Land Use Act of 1978 had become obsolete.
He said that the requirement of governor’s consent for land acquisition should be abolished.
“I do not see the rationale behind this provision of the Act, since in the long run; such consent may be withheld from certain individuals.
“People of a defined locality should be able to acquire land with ease without the rigours of seeking and obtaining the governor’s assent,’’ he urged.
Similarly, Dr Tunde Oni, of the Department of Private and Property Law, University of Lagos, said that the Act made it cumbersome for individuals to acquire land.
“The government should make the acquisition of the Certificate of Occupancy free, once evidence of good title has been provided,’’ he said.
He suggested that there should be compensation for re-acquired land based its value and not government’s assessment of the property.
Oni said that there was the need to expressly state the difference between a land holder and occupier.