Nigerian Property Law

Land Use Act (Nigeria)

Nigeria's 1978 federal law that vests all land in each state in the Governor, who holds it in trust for the people — meaning no Nigerian can own land outright, only hold a statutory right of occupancy.

Legal Definition

The Land Use Act Cap. L5 LFN 2004 (originally enacted in 1978) nationalised all land in Nigeria, vesting it in state Governors. Citizens hold land through a Statutory Right of Occupancy (C of O) for urban land or a Customary Right of Occupancy for rural land. The Act is embedded in the Constitution (Section 315) making it difficult to repeal. It governs all dealings in land including sale, lease, mortgage, and government revocation.

📖 Constitutional / Statutory Basis: Section 315 of Nigeria's 1999 Constitution (which entrenches the Land Use Act)

Practical Example

A Lagos developer wants to demolish a building on "his" land to build apartments. Because the Land Use Act vests all land in the Governor, the developer only holds a right of occupancy — not outright ownership. Any revocation by the Governor for public purposes requires compensation under the Act.

Frequently Asked Questions

Does the Land Use Act mean the government can take my property in Nigeria?

The Governor can revoke a right of occupancy for overriding public interest (e.g. infrastructure), but must pay compensation. Revocation without compensation is unlawful and can be challenged in the High Court. Disputes about compensation go to the appropriate Land Use and Allocation Committee.

What is a Certificate of Occupancy (C of O) in Nigeria?

A Certificate of Occupancy is the document issued by the state government confirming a Statutory Right of Occupancy over land. It is the primary evidence of land rights in urban Nigeria. Without a C of O, your land rights are vulnerable. Always verify C of O authenticity through the state lands registry before purchasing.

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