THE TRUSTEESHIP POLICY IN SECTION 1 OF THE LAND USE ACT, 1978: A MODEL FOR SECURING THE RIGHT TO PROPERTY?

Abstract

The Land Use Act was enacted in 1978 to centralize land administration, ensure equitable land use, and simplify complex land tenure systems. This article adopted the doctrinal method of research to examine the Trusteeship Policy in section 1 of the Land Use Act, 1978 (herein called 'LUA'), which vests all lands in the State Governor with clear directive that the lands shall be administered on trust for the benefit of all Nigerians. The precise import of Section 1 of LUA is however, subject of controversies thereby rendering it ambiguous and uncertain. Thus, the research question is, what is the trust model underlying the trusteeship policy that can guarantee and promote Nigerians' right to property under LUA? The objective of the research is to determine the trusteeship model which underpins the trusteeship policy. It was argued that controversies surrounding the position of the Governor have constituted the trusteeship policy as an albatross in the LUA. This article therefore called for the adoption of a trusteeship Model based on Obligation Theory by which LUA will be interpreted and construed in such a manner as to guarantee Nigerians' right to property and ensure that all Nigerians have access to land without discrimination.