THE CONSENT PROVISION UNDER THE LAND USE ACT (1978): A CRITICAL EXAMINATION

Abstract

The Land Use Act, 1978 was enacted to regulate land administration in Nigeria by vesting all land in the state government, with the Governor’s consent required for any transfer, lease, or mortgage. This paper critically examined the consent provision under the Act, focusing on its legal, administrative, and socio-economic implications across Nigeria’s major geographical zones. Using doctrinal research method, including statutory analysis, case law review, and relevant literature, the paper highlighted the conflicts between statutory requirements and customary land tenure systems. The paper revealed that while the Governor’s consent is legally mandatory, its bureaucratic and costly nature has hindered land transactions, restricted access to credit, encouraged informal sales, and fueled litigation. The paper also identified regional variations in compliance and enforcement, with urban centers experiencing higher transaction delays and rural areas facing challenges in formalizing customary landholdings. The research concluded that the consent provision, though intended to centralize land administration, has often impeded effective land use and economic development. Consequently, it recommended reforms aimed at decentralizing the consent process, harmonizing customary and statutory tenure systems, digitizing land administration, and increasing public awareness to enhance transparency and reduce disputes.