Who Holds Authority Over Land Under the Land Use Act, the Federal or State Governments?

The Land Use Act of 1978 in Nigeria is a comprehensive piece of legislation that redefined land ownership and administration across the nation. One of the central questions it addresses is: Who holds authority over land— the federal or state governments? This article will explore the division of authority under the Land Use Act and the roles played by both levels of government in land administration.

1. The Federal Government:

Under the Land Use Act, the federal government is vested with specific powers and responsibilities regarding land. These include the management of land in the Federal Capital Territory, which comprises the capital city, Abuja. The federal government also oversees lands held in trust and lands used for federal purposes, such as military installations, national parks, and federal government offices.

2. State Governments:

The Act grants significant authority to state governments concerning land matters. Each state government has the right to manage and control all lands within its territory. This includes the power to grant, allocate, and manage land to individuals, communities, and organizations. State governments are also responsible for creating state land agencies and local land authorities to oversee land administration within their respective jurisdictions.

3. Governor's Consent:

One of the key elements of the Land Use Act is the requirement for the governor's consent for certain land transactions. This means that, for certain categories of land transactions, the state governor plays a crucial role in giving consent. It's important to note that the Act is specific in its delineation of the governor's role in this context.

4. Public Interest and Compulsory Acquisition:

While state governments have authority over land, the federal government can also step in under certain circumstances. If a situation involves "overriding public interest," the federal government can intervene and acquire land compulsorily. This allows the federal government to take control of land for critical projects like national infrastructure and utilities, even if the land is located in a state's territory.

5. Balance of Authority:

The division of authority over land between federal and state governments can sometimes lead to complexities and disputes. There must be a balance between the federal government's interest in ensuring national development and the state governments' jurisdiction over land administration within their boundaries. The Land Use Act aims to achieve this balance by defining the roles and responsibilities of both levels of government.

6. Implementation Challenges:

The intricate division of authority has sometimes led to challenges in practice. For instance, disputes can arise when federal agencies seek to acquire land in states for projects they deem to be in the national interest, while state governments may view such projects as encroaching on their autonomy.

Conclusion:

The Land Use Act of 1978 establishes a complex but well-defined balance of authority over land in Nigeria. While the federal government has powers related to the Federal Capital Territory and lands held in trust or required for national interests, the state governments have primary control over land administration within their territories. Effective collaboration and communication between federal and state governments are essential to ensure the Act functions as intended, facilitating responsible land administration and development across the country.

WRITTEN BY CHAMAN LAW FIRM TEAM

Email: chamanlawfirm@gmail.com, info@chamanlawfirm.com

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