A LEGAL PERSPECTIVE OF THE CONCEPTS OF OWNERSHIP AND ACQUISITION OF LAND IN LAGOS AND OGUN STATES

Abstract

Land is an indispensable natural resource for both the survival and prosperity of mankind. In the acquisition of land, government plays a major role. Governments acquire lands from lawful owners based on overriding public interest in Lagos and Ogun States. The Land Use Act 1978 was promulgated as a unified land instrument in Nigeria to curb land disputes, yet the land crisis kept increasing. Lagos and Ogun States passed into law anti-land-grabbing laws in 2016, however, the act of forceful ownership, acquisition of land, and land-grabbing have not been completely controlled. The quest for land in both states is high, resulting in insufficient land for investors and the inhabitants. This has led to litigation and communal crisis. Studies carried out by scholars on ownership and acquisition of land yielded little or no result in addressing the problem. This study covered a legal perspective of ownership and acquisition of land in Lagos and Ogun States. The study was conducted using the doctrinal method. The primary sources of data were the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Land Use Act 1978, Lagos State Land Law 2015, Ogun State Land Registration Instrument Law 2006, Lagos State Estate Law 2015, Ogun State Estate Law 2006, Government Official Gazettes on Land Acquisitions in Lagos and Ogun States, Lagos and Ogun States High Courts (Civil Procedure) Rules, 2019 and 2014 respectively, the Lagos State Property Protection Law 2016, Ogun State Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism, and other Anti-Violent and Related Offences Law 2016. Sources of secondary data were textbooks, scholarly peer-reviewed journals, articles and law reports. The historical method was used in tracing ownership and acquisition of land. Data were content-analysed and presented. Findings revealed that the Land Use Act 1978 has many ambiguities and controversies in sections 22, 26, 28, and 35 which has not addressed the problem of ownership and acquisition of land. The government of both states compulsorily acquired land and reallocated it to private individuals contrary to overriding public interest. The anti-land grabbing laws in the states are ineffective, and Judges are yet to make clear pronouncements about them. Estate developers took undue advantage of the land owners by occupying more than what they legitimately bought which resulted in several cases pending in the law courts in both states. The study concluded that there are ineffective laws on the ownership and acquisition of land in Lagos and Ogun States. It is recommended that the National Assembly should amend sections 22, 26, 28, and 35 of the Land Use Act 1978 by revoking the powers of the state governors in administering land. Governments of both states should stop acquiring private land and reallocating same to other private individuals. The Judges should make clear pronouncements on persons who are involved in land-grabbing. Estate developers should stop using fraudulent means in taking over land to reduce land cases in court.