A CRITICAL OVERVIEW OF THE CONSENT PROVISION UNDER THE LAND USE ACT

Student: Boluwatife Oluwafunmilayo Olukoya
Supervisor: Dr Akinwale Akinlabi
HOD: Prof K P Fogam
Department of Law
Law
Crescent University, Abeokuta, Ogun State

Abstract

This project critically examines the legal framework of the consent provision under the Land Use Act of 1978, a cornerstone of land administration in Nigeria. The Act, established to regulate land ownership and streamline land use, mandates that the Governor's consent be obtained for transactions involving land, including sales, leases, mortgages, and transfers. This study delves into the historical context of the Act, its objectives, and the practical implications of the consent requirement on land transactions. By analyzing legal precedents, scholarly articles, and case studies, the project identifies the challenges and inefficiencies associated with obtaining Governor's consent, such as bureaucratic delays, corruption, and the impact on land market dynamics. Furthermore, the study evaluates the effectiveness of the consent provision in achieving its intended purposes, including equitable land distribution, security of tenure, and the prevention of speculative land acquisition. Comparisons are drawn with land use and consent frameworks in other jurisdictions to highlight potential areas for reform. The research also explores the socio-economic consequences of the consent requirement on various stakeholders, particularly marginalized communities and small-scale landholders. Recommendations are proposed to address identified shortcomings, including legal reforms to simplify the consent process, enhance transparency, and improve administrative efficiency. By providing a comprehensive critique of the consent provision, this project aims to contribute to ongoing discussions on land policy reforms in Nigeria, advocating for a more equitable and efficient land administration system.

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