CURRENT ISSUES ON TRANSFER OF LAND UNDER NATIVE LAW AND CUSTOM

Abstract

The title of this presentation looks restrictive. The reason is that reference is made to transfer of land instead of transfer of interest in land. This position is informed by the general import of the Land Use Act, 1978. Section 1 of This Act vest all Land comprised within the territory of a state in the Governor of that state. The Governor is however, not a beneficial owner of the land, the vesting is for mere administrative and management convenience, in trust for all Nigerians. In view of this, the Governor can grant a right of occupancy in land to a citizen of Nigeria for all purposes. The Act generally recognizes a Right of Occupancy scheme. This is divided into two: Statutory Right of Occupancy and Customary Right of Occupancy. Our intention is not to elaborate on the Right of Occupancy scheme but to posit that in veiw of the sections relating to Right of Occupancy under the Act, what can be transferred is interest in land. This may be for a definite period. The Right of Occupancy scheme does not however bring to an end holding and management of land under Native Law and Custom. “Land is still held under customary tenure even though dominion is in the Governor” if this is then the case, it is still customary to refer to land as a subject of transfer under Native of Law and Custom. Reference to interest broaden the scope of transfer from land to all other interests affecting land such as leases, licenses, mortgages, easement and profit etc. Instrument of transfers will also be a major focus of the transaction.