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Land Use Act in Nigeria: What Every Landowner and Buyer Must Know

Land ownership in Nigeria is often misunderstood, leaving many people vulnerable to fraud and disputes. At the heart of this confusion lies the Land Use Act of 1978, a law that vests control of land in the hands of state governors. Sadly, most landowners and buyers don’t know how this law affects them — and the ignorance can be very costly.

What the Land Use Act Really Means

The Land Use Act gives state governors the power to hold all land in trust for the people. In practice, this means:

• No one truly owns land outright in Nigeria.
• Buyers only get a right of occupancy, not full ownership.
• To sell, transfer, or mortgage land, you must obtain the governor’s consent.

Without the right documents, your purchase is not secure — no matter how genuine it looks.

Common Misunderstanding Among Landowners

Many Nigerians believe a family receipt, deed of assignment, or allocation letter is enough proof of ownership. But in the eyes of the law, without a Certificate of Occupancy (C of O) or Governor’s Consent, your title is weak.

This ignorance creates room for fraud — especially in Abuja.

The Abuja Example: One Land, Ten Buyers

In Abuja, the Federal Capital Territory (FCT), all land is vested in the Federal Government through the FCT Minister, who acts as governor under the Land Use Act.

Unfortunately, some natives of Abuja (commonly the Gwari/Gbagyi people) exploit buyers by selling one plot of land to multiple people. Cases of a single plot being sold to five or ten buyers are common.

The process usually goes like this:

1. Buyer pays for land and gets a “family receipt.”
2. The same land is quietly sold again to someone else.
3. Buyers later discover the fraud — leading to disputes, court cases, or even demolition.

The courts have made it clear: only government-recognized titles such as a C of O or Federal Allocation are valid in Abuja.

Relevant Nigerian Court Cases

Courts have settled many disputes over multiple land sales. Some key cases include:

• Adeniran v. Alao (2002) 9 NWLR (Pt. 671) 111 – The court ruled that priority goes to the buyer who first registers their title.
• Ogunbambi v. Abowaba (1951) 13 WACA 222 – The person with the better legal title will always prevail in land disputes.
• FCT v. B.M.D. (Unreported, 2017) – The FCT High Court nullified native land sales without ministerial approval, stressing that only government-issued documents are valid.

How to Protect Yourself When Buying Land

To avoid falling victim to land scams:

• Verify the title – Check if the land has a C of O, Governor’s Consent, or valid FCT Allocation.
• Conduct a search – Visit the Land Registry for confirmation.
• Engage professionals – Always use a lawyer and, where necessary, a registered surveyor.
• Avoid shortcuts – Don’t rely solely on family receipts or verbal agreements.

Conclusion

The Land Use Act may be controversial, but ignorance of it is even more dangerous. If you are buying land in Nigeria, especially in Abuja, you must go beyond surface-level documents. Only government-recognized titles can secure your property investment.

Call to Action

Are you planning to buy land in Nigeria? Do not take unnecessary risks. Always consult a property lawyer to verify documents and protect your investment.

Share this article with others so they do not fall victim to multiple land sales. Knowledge is the first step to protection.

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