THE NIGERIAN EXPERIENCE ON

LAND ADMINISTRATION FOR ECONOMIC DEVELOPMENT

Surv. Taiwo Samuel AdeniranOffice of the Surveyor General of the Federation8 Yawuri Street, Garki Abuja(+234)805 177 7843, adeniran_t@yahoo.com; adeniran.taiwo@osgof.gov.ng

Conventional economic thought considers land as a factor of production in

much same way as labour, capital and entrepreneurship.

INTRODUCTION

Land is a definable area of the earths’ terrestrial

surface encompassing all attributes of the

biosphere immediately above or below the surface

including those near the surface, the soil and

terrain forms, the surface hydrology (including

shallow lakes, rivers, ,marshes and swamps under

surface, sedimentary layers, associated ground

water reserve the plant and animal population.

Land administration is the process of determining, recording and

disseminating information about ownership, value and use of land when

implementing Land management policy (UNECE Report, 1996).

It is a process and an instrument for government to offer security of tenure

on regulate land market, implement Land Reform, protect the environment,

levy taxes, etc as well as serve the peculiar development needs of her

citizens.

Land administration is the way in which the rules of land tenure are applied

and made operational.

INTRODUCTION

A good land administration system aims at

equitable distribution of wealth to encourage

economic growth and development.

NIGERIA

Nigeria, with an estimated population of 140,003,542 is the largest

black nation in the world. Its land area covers about 923,768km² on

the coast of West Africa.

Today, Nigeria is divided administratively into thirty-six (36) states,

seven hundred and seventy-four (774) Local Government areas and

the Federal Capital Territory of Abuja. An estimated 250 of them

speaking over four hundred languages, many with dialects.

Nigeria Showing the Thirty-six (36) States

THE LAND USE PATTERN:ARABLE LAND:- 33% PERMANENT PASTURES:- 44% PERMANENT CROPS COVERING:- 3% FOREST AND WOODLANDS:- 12% OTHERS 8%.

This paper will present Land Administration

experience in Nigeria before, during and after

the Colonia Era.

 

It will also showcase the new

initiatives of Land Reform for

Economic Development.

Prior to the coming of the white man and colonalization,

there existed a plethora of indigenous, independent, ethnic

enclaves with different cultural traits and attributes.

Among the Yorubas, land was corporately owned by the

community, village or family, though individual

landownership was also recognized.

The whole idea is that “group ownership" in the African

context is an unrestricted right of the individual in the group

to run stock on what is held to be the common asset of land;

This customary tenurial system enunciated above also

operated to a large extent among the Ibos of the Eastern

Nigeria and other tribes in the Southern part of the country.

PRE COLONIAL ERA

Summary of Land Policies and Statutes in the Pre Colonial Era

The land management structure that existed in the North prior to colonization

exhibited most of the features of the customary tenurial system in the South.

 The Jihad of the 19th century, during which the Fulani raided many parts of what

later become known as Northern Nigeria saw the imposition of Islamic law in the

wake of the raids.

 The Islamic principles is also in consonance with indigenous land custom, which

also did not accept outright alienation of land. In fact, it is presumed that the

customary and Islamic systems of land tenure coincide generally on basic

concepts.

It is therefore trite to submit that customary land tenure system before

colonization exhibited essentially a uniform system of landownership and

management which, though vested ownership of lands in the community or family

At this time, and under the extant customary system, there was no land

speculation and land grabbing that is now prevalent in modern times.

PRE COLONIAL ERA

The colonial masters did not attempt to impose a uniform land tenure

system throughout the length and breadth of Nigeria.

Through various legislations, proclamations and policies, the colonial

government sought to facilitate the transition from the customary

system of land tenure to the English land tenure system.

Such legislation include the Swamp Improvement Ordinances of 1863

& 1877 and the Land Title Ordinance of 1868.

This latter Ordinance formed the basis for the grants of land made by

the crown between 1863 and 1914.

 In 1917, the colonial government instituted a legal framework for

compulsory acquisition of land and registration of title to land. 

COLONIAL ERA

Summary of Land Policies and Statutes in the Colonial Era

The system was first introduced in Lagos vide a legislation in1883 and the

rest of Southern Nigeria in 1900.

The two legislations were re-enacted into the Land Registration

Ordinance1907 of Southern Nigeria and later into Land Registration

Act1924 on the amalgamation of Northern and Southern Nigeria in1914.

The system bred confusion into land administration and all efforts to

remedy it through legislations proved abortive.  

Thus, the colonial government encouraged and assisted the growth and

development of a capitalist land management policy with all the trappings

of an open market system and vagaries associated with such policy.

The North operated a paternalistic approach to land administration. Based

on the Northern Nigerian land committee report, the colonial administration

promulgated the Land and Native Rights Proclamation of 1910 which was

repealed and replaced with the Land and Native Rights Ordinance of 1916.

COLONIAL ERA

Nigeria became independent in 1st October, 1960 and ever since has

been promulgating laws in all aspects of national issues including land

administration

The control and management of land was transferred from the Emirs

to the Chief Executive of the Northern protectorate.

This policy was akin to the customary land tenure which sees land as

one corporately owned and managed for the benefit and development

of members of the group or family or community concerned. 

Through this policy, the colonial administration in the North was able

to rationally, effectively and efficiently manage the land resources in

the area.

It reduced land speculation and grabbing, land disputes and

uncertainty of the title of land in the area.

This paternalistic policy continued until the eve of the promulgation of

the Land Use Act in 1978.

POST COLONIAL ERA

Summary of Land Policies and Statutes in the Post Colonial Era

The post independence land policy in Nigeria exhibited dual

features and characteristics.

In Southern Nigeria, the policy was dualism with customary

land tenure system operating side by side and attimes

overlapping with the English land tenure system.

The Northern policy was characterized by a paternalistic

system which essentially nationalized all lands turning former

owners into tenants.

There was no national land policy for the whole country.

This encouraged the development of multifarious land

legislations and policies in the country.

The Land Use Act 1978 introduced a uniform land tenure

legislation throughout the country but, without, unfortunately,

a uniform administrative and implementation policy.  

POST COLONIAL ERA

The Land Use Act is a product of the recommendation of the

Land Use Panel set up by the government in 1977.

The Rent Panel identified land tenure to be a major constraint

to the successful implementation of many developmental

programmes in the country.

It thus, recommended the establishment of a Land Reform

Commission

The panel also recommended the promulgation of a Decree

which will vests in the state governments within two years of

the Decree all undeveloped sites in private approved layouts

within defined urban centers.

THE LAND USE ACT 1978, (CAP 202 LFN)

The recommendations of the Land Use

Panel gave birth to the promulgation of

the Land Use Decree now Act on March,

29th, 1978. 

All land situated in the territory of each state in the country is

now vested in the Governor of the state.

All land control and management, including land allocation in

urban areas are controlled by the Governor of each state while

land located in rural areas becomes the responsibility of the

various local government. However only the Governor can

declare parts of the state territory governed by him as an

urban area by an order published in the state gazette.

All land in urban areas is to be administered by a body known

as the Land Use and Allocation Committee which has the

responsibility of advising the Governor in the management of

urban land;  

IMPORTANT PROVISIONS OF THE LAND USE ACT 1978, (CAP 202 LFN)

All lands which has already been developed remains the possession of the person in whom

it was vested before the Act became effective.

The Governor is empowered to grant Statutory Certificate of Occupancy (C of O) which

would be a definite term to any person for all purposes and rights of access to lands under

his control.

The maximum area of undeveloped land that any person could hold in any one urban area

in a State is one half of an hectare, in the rural areas this must not exceed 500hectares

except with the permission of the Governor.

The consent of the Governor is required for the transfer or alienation of any statutory right

of occupancy and the consent of the local government, or that of the Governors'

inappropriate cases, must also be obtained for the transfer of customary Right of

Occupancy.

The government may acquire land and revoke the Right of Occupancy for overriding public

purpose and pay compensation ONLY for the unexhausted improvement on the land

including agricultural crops.

 

IMPORTANT PROVISIONS OF THE LAND USE ACT 1978, (CAP 202 LFN)

In over 30years of operation, the Land Use Act has

succeeded substantially at making it easier for

government to acquire land for public purposes

 

It has drastically minimized the burden of land

compensation and considerably reduced land litigation.

It has however created a new genre of problems for land

management in the country particularly in the Housing

sector of the economy.

State autonomy creates problems of control especially in the selection

of a system for Land Administration.

Dearth of suitable indigenous technical expertise in the country

Low level of training and capacity building

High capital outlay and financial requirements for the implementation

of modernization programs .

Low level of property development.

Inadequate large scale cadastral maps required for the preparation of

the title documents (Certificate of Occupancy).

Ineffective infrastructure for Land Management.

CHALLENGES OF LAND ADMINISTRATION IN NIGERIA

Challenges of Land Administration in Nigeria

Economic activities on land should be planned and distributed to serve the

common good, be self renewing and build local assets and self reliance.

It is humane to maintain the ecology as part of the limited nature to

building open spaces, natural assets, equity for equal accessibility to land,

benefits and decision making of a society, taking cognizance that the

sustainability concept transcends development in land and other

environmental resources utilization.

Land development should meet the needs of the present without

compromising the ability of future generations to meet their own needs.

NEW INITIATIVES IN LAND ADMINISTRATION FOR ECONOMIC DEVELOPMENT

Towards the beginning of the millennium and the current democratic

dispensation in the country, Nigeria commenced a regime of reforms

particular in land and economy.

Motivated by the desire to put Nigeria among the twenty largest

economies in the World by the year 2020, Late President Umaru Yar'

Adua anchored his programmes on a seven Point Agenda, which

included a Land Reform Programme.

It was in a bid to actualize Land Reform as one of the 7-pillars and

thereby develop a long-term strategic plan for the transformation of

Nigeria that the Presidential Technical Committee on Land Reform was

inaugurated by Mr President on April 2, 2009.

NEW INITIATIVES IN LAND ADMINISTRATION FOR ECONOMIC DEVELOPMENT

A good reform programme for land administration will

optimize the use of land as an economic commodity.

It will also enhance the overall performance of the national

economy.

The Land Use Decree of 1978 (now Land Use Act Cap L.5,

2004), attempted to unify the operational law in Nigeria

and validate property rights to the citizens (though for a

specified period of time), through the issuance of Statutory

and customary Certificates of Occupancy.

It however, left room for different levels of uncertainty

because it did not repeal the previous land laws. These

anomalies are what the Land reform is intended to address.

THE LAND REFORM

The major objectives of any (ideal) land administration reform

are among others, to ensure the following:

Secure dealings in land.

Low cost of land transactions

Access to credit

Transparency in all dealings.

Easy access for all participants, poor or rich.

Protection of minority rights

Environmental sustainability

OBJECTIVES OF LAND REFORM

The Terms of Reference for the Committee on Land Reform are as follows:

To collaborate and provide technical assistance to States and Local Governments to

undertake Land Cadastral nationwide.

To determine individuals ‘possessory’ rights using best practices and most appropriate

technology to determine the process of identification of locations and registration of title

holdings.

To ensure that land cadastral boundaries and title holdings are demarcated in such a way that

communities, hamlets, villages, village areas, towns etc will be recognized.

To encourage and assist State and Local Governments to establish an arbitrary/adjudication

mechanism for land ownership and conflict resolution.

To make recommendations for the establishment of a National Depository for Land Title

Holdings and Records in all states of the Federation and the Federal Capital.

To make recommendations for the establishment of a mechanism for land valuation in both

urban and rural areas in all parts of the Federation; and

To make any other recommendation(s) that will ensure effective, simplified, sustainable and

successful land administration in Nigeria.

THE LAND REFORM

The main thrust of the Land Reform is to create a system of land

administration that will ensure that all Nigerians whether living

in rural or urban areas of the country have a document or title

indicating their right to any parcel of land for any standard

period of lease or ownership that the nation may decide.

This would enable them to draw capital from their land and assist

the society to develop a healthy attitude to property right.

The Land Reform Committee employed the following approaches to deliver on their

mandates:

Identify bottlenecks in the existing legislation on Land Administration and practices

within the existing land delivery process.

Examine the quality and adequacy of institutional capacities required to administer

and promote the inevitably monumental increase in land transactions after the

reform.

Clarifications of the existing institutional mandates.

Examine the requirement to mainstream set practices in the documentation of land

tilting, registration process and procedure.

Consideration of an orderly development of nationwide land information

infrastructure for an efficient networking of databases of cadastral and land title

records.

The Committee also plans to map the whole country at cadastral scale as implied in

the Terms of Reference.

THE MODALITIES OF LAND REFORM COMMITTEE

Articulation of Land Use policy reform that are necessary to increase both efficiency and

growth of the economic sector and as a catalyst for imbibing the new tenets of the free

market economy.

Sensitization to create an awareness that the entire people of the Federal Republic of Nigeria

have to be persuaded to have an attitudinal change towards the land tenure situation in the

country.

It was realized that the success of the land reform is hinged on mapping the whole country at

cadastral scale; showing the land holdings of individuals, groups of individuals and corporate

entities. It was resolved that cadastral infrastructure should be established, some of which

are:

The upgrading and densification of the National Geodetic framework by establishing CORS

Production of Ortho-photo maps using satellite imagery and low altitude digital aerial

photographs.

Building requisite manpower capacity in collaboration with the Universities and development

partners

Recommendation on the establishment of a National Land Reform Commission

THE MODALITIES OF LAND REFORM COMMITTEE

In order to ensure efficiency in the national land

administration, the Federal Government has put in

place the following infrastructure:

The Federal Land Information System (FELIS)

National Technical Development Forum (NTDF) On

Land Administration

The Cadastral Geographic Information System

(CADGIS) Laboratory

Deed Registries and Survey Offices Nationwide

INFRASTRUCTURE FOR EFFECTIVE LAND ADMINISTRATION

Infrastructure for Effective Land Administration

FELIS is a computerization program that captures records of land held and allocated by the

Federal Government of Nigeria nationwide with reference to their particular spatial location.

It holds details about ownership of the land, location, use and subsequent transactions on it

and dexterity to use available information for some analysis.

It offers a relational central database management system for the control and management

of such land records; it has improved the preparation and production of title documents

(Certificates Of Occupancy).

The rate of preparation of title documents has jumped from about100 titles per annum to

about 1,500 titles over the same period.

It also helps to introduce transparency in the management of Federal Government land

across the country.

It is intended to be the hub of the expected network of land records across the 36 States of

Nigeria and the Federal Capital Territory (FCT), Abuja in the National Land Depository.

When fully operational, the system is going to provide access to stakeholders and investors

through the web.

THE FEDERAL LAND INFORMATION SYSTEM (FELIS)

The objectives of the Forum are as follows:

To agree on ideals for the uniform operation of Land Administration throughout the country and

establish a uniform data recording template or format.

To improve the procedure and processes of Land Administration and registration.

To work towards a uniform environment for property ownership and Land Rights throughout the

country.

To agree on software standards that would enable future interoperability.

To generate process description and operational manuals for effective staff training.

To establish a common cartographic feature representation convention.

To provide a platform for spreading best practices among States as a cost effective way of

delivering improvement in Land Administration.

To promote a cordial relationship between the Federal and State Governments and between

individual and State Governments.

To instill a sense of national common purpose.

To provide a network of mutual support and open exchange of ideas.

NATIONAL TECHNICAL DEVELOPMENT FORUM (NTDF)

This unit supports Land Administration through the production of Cadastral and

Legal Survey plans or Title Deed Plans (TDP).

The CADGIS laboratory interfaces with FELIS

In addition, a program to convert all the old analogue Cadastral Survey plans to

their digital equivalents and to upload them to FELIS was put in place.

One of the critical challenges of Land administration in Nigeria is insufficiency of

large scale cadastral maps for the processing of title documents.

National Cadastral Township Mapping program was articulated and approved by a

Ministerial committee.

The implementation of the mapping programme was started by the provision of a

second order control network nationwide but was stopped due to paucity of fund.

The Office of the Surveyor General of the Federation in an effort to produce

geospatial data set for all sectors has procured high resolution imagery (2.5m

resolution) covering the whole country and has also commenced Township mapping

of some states capital through the cadastral survey Unit.  

THE CADASTRAL GEOGRAPHIC INFORMATION SYSTEM (CADGIS) ALBORATORY

The analogue mode of cadastral data management does not support

quick geospatial data production, storage, retrieval, manipulation,

visualization, sharing etc.

Due to the joint efforts of the National Technical

Development Forum and the Office of the Surveyor

General, some of the various states Deed Registries and

Survey Offices have been upgraded and modernized.

Many of them have transformed from analogue to digital

mode, established Geographic Information Systems and

trained some of their staff who will run the Land

Administration process.

THE DEED REGISTRIES AND SURVEY OFFICES NATIONWIDE

Land is still the main asset of rural Nigerians where over 80%

are peasant farmers.

Land administration in Nigeria has been in the fore front of the

National Economic Plan as over 80% of information acquired

in the process of all economic activity in the country are

location based.

This explains why Land Reform had always been on the

National Agenda for economic development.

The objectives of the Land Reform are to make all possible

efforts to ensure that all infrastructure for Land Administration

are established.

This is to unlock the capital in land and promote economic

development for National growth.

CONCLUSION

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