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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 ContentInterpretation Act, Cap 89, LFN, 1958. Land & Native Rights Act NO 1, 1916 & 1918. Land Registration Act, 1924. Land Tenure Law, 1962. Land Use Act (Amendment) Bill, 2009. Land Use Act, Cap L LFN, 2004. Mortmain & Charitable Uses Act, 1888. Native Lands Acquisition Act, 1917 Native Rights Proclamation & Ordinance, 1916. Property & Conveyancing Law, Cap 100, Laws of Western Nigeria, 1959. State Land Act, 1916 Statutes of Frauds, 1677.

TABLE OF CONTENT 

CONTENT PAGE
Title page 
Certification 
Approval Page 
Dedication 
List of Abbreviations 
List of Statutes 
Table of Cases 
Acknowledgement 
Abstract 
Introduction 

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 

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 43 - 
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. 

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