ABSTRACT
Land Law being an indispensable field of Law in Nigeria makes it imperative to portray and appraise the systems of land administration that existed in the Northern and Southern parts of the country before the evolution of the Land Use Act in 1978 as the knowledge is very important for aneffective understanding of the Act. The work also goes a long way in assisting the citizenry, irrespective of social class or status, as well as the government of the day to understand their right and interests on lands.
The preceding Laws before and after the doctrine of cession which took place at the onset of the colonial era were also clearly mapped out in the work. So also are all the accommodating and relevant principles and doctrines relating to land which were witnessed at that period.
Every ethnic group in Nigeria has its own stories of where its ancestors came from. The histories of the people in northern and southern Nigeria prior to colonization followed vastly different paths.
The first recorded empire in present-day Nigeria was centred in the north at Kanem-Borno, near
Lake Chad. This empire came to power during the eighth century C.E. Trans-Sahara trade with
North Africans and Arabs is an important key to transformation in the North. Increased contact with the Islamic world led to the conversion of the Kanem-Borno Empire to Islam in the eleventh century. This led to a ripple effect of conversions throughout the north. Islam brought with it changes in law, education, and politics.
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In the south, the Oyo Empire grew to become the most powerful Yoruban society during the sixteenth century. As in the North, outsiders heavily influenced the societies of Southern Nigeria.
Contact with Europeans began with the arrival of Portuguese ships in 1486. The British, French, and Dutch soon followed.
However, it was the arrival of the British that created significant impact in the system of land administration in the country, starting from the issues of treaties of cession and other transitional land practices they brought with them. It is necessary to understand the antecedents that have led to the current state of land administration and the agitation for reforms.
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The former British rule in Nigeria and the declaration of the Protectorate in 1900 led to the acquisition of Crown land
(land formerly held by the Royal Niger Company) as well as the land, which the Fulanis had acquired, by conquest from the Hausas. The colonial government called the acquired lands
‘public lands’. The Crown lands were vested in the Governor in trust for Her Majesty. The public lands were held in trust for the people.
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Jrank; Countries and their Cultures, Culture of Nigeria, traditional, history, people, land..
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See Daily Independent (Lagos) 10 January 2010
In essence, before the advent of the Land Use Act in 1978, the control and administration of land in Northern Nigeria was governed by the Nigerian Land Tenure Law 1962. The Federal
Government promulgated in 1976 the Public Lands Acquisition (Miscellaneous Provisions)
Decree to provide a cheaper basis for acquiring land for public purposes. Even though the government was able to acquire land for public purposes such acquisition could not be easily done at reasonable prices.
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Despite the distant the land laws and administrations of the era went in trying to reform the practices on land, litigations, disputes and communal clashes continued. The promulgation of the
Land Use Act in 1978 in an attempt to curb the irregularities, even with its effort in unifying the land system throughout the country, has also not been successful.
Today, the agitation for a more effective and sustainable reform on land still rent the air. But for this sustainable and effective land management practice to become a reality the virtues and ideals contained of the pre-1978 land laws and the 1978 Act should be regurgitated and used as a reform implement in addition to other new ideals aimed at helping the country to achieve its objective of a more sustainable practice on land.
To this extent, importance of the theme of this work could then be weighed for its usefulness.
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AllAfrica.com:Nigeria:Land Reforms- the Lingering Debate (i) (p. 1 of 2).mht,(http://allafrica.com/img/csi