The Constitutional Sanctity of the Land Use Act By Omoniyi Onabule
Over the years, the constitutional
clothing of the Land Use Act 1978 has raised a lot of controversies because strict
interpretation of some of its provisions and the provisions of the 1999
Constitution of Federal Republic of Nigeria (hereinafter referred to as the
Constitution) may present the Act as the grundnorm in land law over the
Constitution.
The Land Use Act of 1978 was meant
to usher in a new land reform in Nigeria; Prof. Akin Mabogunje suggested that
it has become a clog in the wheel of development over the years,[1]
based on the fact that the Military Government which promulgated it also
ensured that it was embedded in the Constitution of the country. Thus, any
attempt to rectify its inadequacies required a constitutional amendment.
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