PREVAILING SYSTEMS OF LAND TENURE

‎ At present, most of the land in the country is for leasehold and the governor of the state may grant statutory rights of occupancy for 99 years. Indigenous areas are governed by customary land tenure.

Rent is fixed at the governor’s discretion. Certificates apply to urban or rural land and must be approved by the governor.

Customary certificates of occupancy are administered by local government councils and apply solely to rural land. Any certificate may be revoked by the governor under compulsory acquisition. By holding a certificate, one is entitled to compensation for existing improvements on the acquired land. The law stipulates that land sales, mortgages and subleases can be transacted only with the approval of the governor.

Credit - onlinenigeria.com 

A variety of customary land tenure practices has evolved influenced by the regions and historical events. The spread of Islam in the Sabel reinforced individual land rights, altering communal patterns of land tenure in the northern region. Colonialism’s stronghold in the north and the evolution of the market economy further contributed to more individualized tenure regimes. The presence of Fulani pastoralists has fostered a system of overlapping rights between farmers and herders.

In general, traditional land tenure was based on customary laws under which land was considered community property. An individual had usufructuary rights to the land he farmed in his lineage or community area. He could possess the land as long as he used it for the benefit of his family or society and he could pass the land on to heirs and pledge its use to satisfy a debt, but could not sell or mortgage it. The right of disposal belonged only to the community, which, acting through traditional authorities, exercised this right in accordance with customary law.

In the south, even though colonial authorities sought to protect native rights to land, land sales and leases to foreigners were widespread, creating a myriad of different tenure arrangements under the categories of freehold, leasehold and customary tenure. The introduction of cocoa to the south spurred the development of land markets, increasing individualization of tenure. This trend continued to the present, strengthened by growing land scarcity arising from significant population growth and a decline in the amount of arable land.

The rich, fertile land of the south is home to the dominant tribes of the Yoruba to the west and the Ibo to the east. Customary land tenure among the Youba emphasizes household rights to land. Once land is allocated by the village leader to a member of the lineage, the land remains permanently within the family and is passed down to its heirs so long as it is not alienated.

The Ibo observe more communal rights to land whereby cropland beyond the household compound is subject to periodic rotation among community members following fallow periods. Before 1978, communal land in the south was vested in the stool, an office presided over by the Oba or paramount chief.

Communal tenure is giving in to greater individualization as the rights of the community are increasingly giving way to those of the household. More often, there is a mixture of communal and individual tenure, depending on the different types of land and crops. Even in communal systems, lowland swamp regions suitable for rice cultivation are subject to individual tenure rules.

Tenant farming is widely practised within customary tenure systems. This happens when families seek to farm land in a community dominated by another lineage. In communal systems, arrangements are usually made with the village chief, who assigns the tenant land in exchange for periodic tribute. Where family land predominates, access to land is by arrangement with the household head and tribute is paid to him, in cash or in kind. The assertion of individual rights to land, combined with the expansion of the market economy, means that the tenancies are assigned shorter terms, on an annual renewable basis, and tributes more often are in cash. Outsiders tend to have greater access to land held under communal tenure than land dominated by household tenure.

Source : fao.org 
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