A critical overview of the consent provisions under the land use act, 1978

A critical overview of the consent provisions under the land use act, 1978

ABSTRACT

The Land Use Act as a single piece of legislation which came into force on 29th March, 1978 has generated more controversy than any piece of legislation of its kind. The sore point of this enactment is the consent requirement provided under the Act especially Sections 21 and 22 therein.
Ever since the consent requirement of the Land Use Act made its first debut in our courts for interpretation in the case of Savannah Bank V. Ajilo(1989) 1 NWLR(pt.97) 305, much juristic ink has been expended in debate for or against the usefulness of the provisions. Judges, in their duty of interpreting the provision have sung incoherent and discordant notes on the issue. Some writers too, have tried to either show support for its relevance or call for its repeal or amendment.
However, the convergent point in this contentious issue of the consent requirement is the retrogression and retardation, which the requirement, has continued to inflict on the socio-economic life and development of the country. This project work x-rayed the difficulties associated with, and incidental to the strict implementation of the consent requirement with their attendant legal, socio-economic and developmental dysfunction. Moreover it reviewed the current Amendment Bill before the National Assembly while unattended areas were highlighted, which, if not taken care of, may resonate another call in no distant future for a further amendment.
TABLE OF CONTENTS

CHAPTER ONE

SYSTEM OF LAND TENURE IN NIGERIA BEFORE THE LAND USE ACT, 1978.

1.1    Introduction

1.2    Customary Land Tenure

1.3    Land Holding under the Received English Law

1.4     The Consent Requirement in Retrospect

1.4.1  Meaning and Nature of consent Requirement

1.4.2  Consent Requirement in Retrospect

CHAPTER TWO:

THE LAND USE ACT, 1978.

2.1    Historical Review 24 – 28

2.2    Objectives of the Act viz a viz the consent requirement

2.3    Scope of the Consent Requirement under the Act

2.4    Analysis of the Consent Provisions on:

2.4.1  Sale of Land

2.4.2  Mortgages

2.4.3  Leases

2.4.4  Devolution of Interest in Land

CHAPTER THREE:

THE CONSENT REQUIREMENT- A CRITICAL VIEW

3.1    Legal effects

3.2   Socio-economic effects

3.3   Implementation problems

3.4   Other consequences

CHAPTER FOUR:

THE NEED FOR REFORM

4.1    A review of the Amendment Bill, 2009 before the National Assembly

4.2   Suggested Reforms

4.3    Conclusion

Bibliography

 Get the Complete Project

About admin

Check Also

EFFECTING CHECKS AND BALANCES OF POWERS IN THE LOCAL GOVERNMENT SYSTEM IN NIGERIA: A CRITICAL DISCOURSE ON THE EXPERIENCE AND THE IMPLICATIONS FOR GOOD GOVERNANCE

EFFECTING CHECKS AND BALANCES OF POWERS IN THE LOCAL GOVERNMENT SYSTEM IN NIGERIA: A CRITICAL …

MANAGING FISCAL STRESS: THE CRISIS IN THE PUBLIC SECTOR

MANAGING FISCAL STRESS: THE CRISIS IN THE PUBLIC SECTOR   Format: Ms Word Document Pages: …

THE RULE OF LAW AND THE PRESERVATION OF INDIVIDUAL RIGHTS: INDIVIDUAL RIGHTS UNDER THE 1999 CONSTITUTION

THE RULE OF LAW AND THE PRESERVATION OF INDIVIDUAL RIGHTS: INDIVIDUAL RIGHTS UNDER THE 1999 …

HARMONIZING POLITICAL AND ECONOMIC OBJECTIVES TOWARDS ACHIEVING BALANCED RESOURCES MIX AND COPING WITH ADMINISTRATIVE CONSTRAINTS

HARMONIZING POLITICAL AND ECONOMIC OBJECTIVES TOWARDS ACHIEVING BALANCED RESOURCES MIX AND COPING WITH ADMINISTRATIVE CONSTRAINTS …

AN EXAMINATION OF THE FINANCIAL CRIMES UNDER THE NIGERIAN CRIMINAL LAW

AN EXAMINATION OF THE FINANCIAL CRIMES UNDER THE NIGERIAN CRIMINAL LAW Format: Ms Word Document …

CONDENSATION OF NIGERIAN NUPTIAL LAWS AND THE CHURCH

CONDENSATION OF NIGERIAN NUPTIAL LAWS AND THE CHURCH TABLE OF CONTENT CHAPTER ONE INTRODUCTION BACKGROUND …

Leave a Reply

Your email address will not be published. Required fields are marked *