CUSTOMARY LAND TENURE SYSTEM AND THE LAND USE ACT: A COMPARATIVE ANALYSIS

Abstract

The three basic needs of man have been described to be food, clothing and shelter. In pursuance of the third element which is shelter comes in a vital element which is land which will lead to houses for individuals and the populace in general. The concept of land possession and ownership which we have operating today varies from what we used to have under the Pre-colonial and even colonial administration due to the fact that there were various ethnic groups in the country that regulated the system and concept of land from their different beliefs and idiosyncrasies. This work elucidates the concept of land under customary land tenure system and the effect of the Land Use Act of 1978 with regards to alienation, acquisition and disposition of land. This work adopts a doctrinal method of research to further compare and contrast the provisions of the Land Use Act with Customary Land Tenure system as to whether the Land Use Act totally abrogated the provisions of the Customary Land Tenure system, or merely served as a guide to the full realization of the mentality of the various ethnic groups when it came to the practicality of the much desired land tenure system.