--r - - -..- -

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Inaugural Lecture Series 99 - - - - - - - - -- - - --

LAND POLICY FOR NIGERIA: ISSUES AND PERSPECTIVE

By Y. L. Fabi

-

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Obafemi Awolowo University Press Ltd., 1995.

ISSN U1&9-7845

Printed by Obafemi Awolowo University Prcss Lttf.

Ilc-lk, Nigcria.

INTRODUCTION Agricultural progress is a pre-requisite for industrial development!

and no country, whether developing or developed can achieve economic development if its Agricultural Sector is in a state of neglect. The recent experience of this country where most agro-al- lied industries which relied on imported raw materials were almost grounded due to lack of foreign exchange to effect importation of essential parts and components and lack of locally produced sub- stitute for the imported components is instructive.

The great contribution which an "efficientVand tenure system can make to economic development is no longer a subject for much debate. However, what constitutes an efficient tenure arrangement will be debated for a long time to come (Uchendu, 1970).

Though ideological arguments on the best ways of organizing agriculture continue, no land tenure system can be adjudged beit in the abstract. Any judgment concerning a particular system must take note of the institutional and technological conditions in a society and the stage at which that society lies in the transtormation from an agrarian to industrial economy. "Judgement must also consider what specific groups and individuals in that society are attempting to accomplish" (Dorner, and Kanel, 1971:l).

The thesis of this address is that the Nigerian ecvnomy is still an agrarian economy and that agrarian structure determines the kind and nature of access that farmers have to subsistence opportunities on the land. "The ownership of land carries with it ownership of government - the right to tax, the right to judge, the power to enact and enforce police regulations. It dominates every crucial decisions about investments in social infrastructures - education, transporta- tion, hospitals, power projects (Penn, 1962).

Lznd tenure institutions are important means for providing security of expectations and are key determinants of income distribu- tion in the farm sector.

The traditional land tenure system which emphasis group survival is decaying and unless it is succeeded by another ideology which stresses group survival, there will be no limitation to personal am- bition. According to Betrand Russell (1975:57) as the beliefs and habits which have upheld traditional power (system) decay, tradi- tional power gradually gives way to either power based upon some new belief, or to 'naked' power. People with economic power would subjugate their less fortunate brothers and this may eventually lead' to class conflict. The government needs to provide alternative in-

es rules, g rules o :e social

y of expc iteractior an alterni ,e traditic ty may rc where thc

*M*.l

stitutions since "institutions give some stability to human relations by providing securit :ctations with respect to accepted procf- dwes of human u I and response" (Dorner, 1971:14). Wrthout the provision of stive institution, e r n ~ h a s l ~ ~ group ideol- ogy to replace th ,rial institution, there may be anarchy and chaos. The socie svert to the "Hobbeslan condition of war by all against all, : life of man is solitary, poor, nasty, brutish and short" (Dorn~r IY 1 ~ 1 4 ) .

The meeting of the requirements of a modern agricultural economy requires that new sets of working rules be designed and adopted. While some progress toward the establishment of such rules can be achieved by farmer associations, the generalization of such rules and harnessing them to economic performance requires governmental action. The sanctions themselves must be a ~ ~ l i e d by objectiv~ if justice ' re here ( with changin; f land t e ~ mers moc s well guarantc justice.

The focus of this inaugural address will be on rural land tenure institutions. The recent land reform - land use decree (Act) - will be analyzed with a view to proffering solutions to the problems that subsist.

D HUMA .

pon the c h it is cor xoductio

{ail. We a nable far

is used a1 y be view ;ood, situ

d~<(SOCIO-ECONOMIC AN' LN SIGNIFICANCE OF LAND According to Barlowe (1Y78), the term "Land" often means dif-

ferent things depending ul which it ~d the circumstances under whicl Land ma. ed as: space, nature, a factor of I umption 1 lation, property and capital.

Land is a measurable entity divisible Into thing-like "parcels" by means of mathematical and technical processes of surveying and cathography (Bohannan, 1963). Land is an expression of territorial sovereignty and constitutes a set of importent political factors. The value. of land increases with the amouni of work and money invested in its improvement. (Podedworny, 1971).

Legal maxim of land states that land ext~ to heaven and down to hell." As with any other factor of I n, the value of land is determined by the interaction of demhllu allu supply, whether overtly in a relatively free market or convertly as latent value in a controlled society (Ratcliffe, 1976).

Land in the Nigerian context takes on fundamental significance as a commodity in daily use for multivarious purposes. Over the years, it has markedly influenced. and continues to influence, the

ends "up ~roductio -"A -.-.A ,.

7asic adn :conomic -..A .--A:

the lanc ide the 1; life.

3s develo land the:

3.

daily llves of Nigerians as expressed in social, economic, and politi- cal organizations of the various communities in Nigeria. In the proces- ses, a complex set of relationships (inter- personal, inter-ethnic, and intra-social) was evolved for securing, limiting, and regulating in- dividual rights of acccss to land in the "federated communities" of Nigeria (Gandonu, 1975).

Land is the foundation for food production, provisi :lter and utilities, manufacture of goods, and of institutions to sapport 1 ~inistrative needs of modern communities. In addition to c importance, land is itself fundamental and basic to impor- tan1 ~rau~rional institutions, whilst certain sociological, and religious concepts arc associated with it by the Nigerian society

A careful and detailed analysis of what role land 1 d in the lives of the people and, more importantly how the s! land tenure thal has cvolvcd hac affected the li~cs, beliefs, era1 disposition of the people who live off the land reveals ,ntal attitudes. Thus, the attachment of peasants to their la1 just a mythical one. It is d value that hi ped over centuries of uninterrupted dependence upon the y have co cog- nize as their sole means of livelihooc

The typical villager recognij.es land in its entirely. To him, land is a home and work place. He shares it with the entire biotic com- plex. Hc has learned through experience the lutility of expecting or attempting to draw more from the land than he puts into it, hence he practices rotational (shifting) cult~vation. la his wisdom, he develops respect for naturc and treads humbly dn the land. He un- derstands only too well, contrary to the belief of urban speculators, that he belongs to I, not the land to him. At death he rests . in literal peace ins and (or earth) which had nourished him all the days of his

The urbanite, on the other hand, expresses predominantly I materialistic values. To him, city land is simply a commodity to be

grabbed, invaded, bought, sold, and even stolen. The land is to be "owned as a symbol of wealth, power and prestige.

Land serves a social security function to most Nigerians because after all else have failed they could still return to their villages to stake a claim on a portion of the family land and raise crops on this for subsistence. A :*.ndownership and use policy must recognize the fact that the very existence of some people rests on their k-avipg ac- cess to a piece of land and any attempt to wrest this from them would be strongly resisted.

Land is perhaps the single most important I I the natural re

and gen fundame

~d is not

:e on lanc >enon o f t to the ma

- - - - - -

sense that it affects every aspect of a people's live - their food, cloth- ing, shelter, etc. It is the base for producing raw materials for the manufacturing industry. It is an important resource, no nation - city or rural area - can survivc as an entity without it. Thus, every per- son in a nation - the banker, the industrialist, the labourer, the educator, the student, the farmer - has a vital stake in the country's land problems and its proper utilization (Acquaye, 1976). Non-farm employment opportunities are not available in adequate numbers coupled with continual retrenchment in all sectors (including the service sector such as universities) of the ailing economy to change the dependenc 4 by a majority of the people. Thus, the en- during phenon he contir~uous essentiality of land and agricul- tural activities ~intcnance of the people, give to land a status and an aura approd~hing thc spiritual (Fabiyi, Adegboye and Afolayan, 1981).

"Historically, land and politic naintained a close, inler- dependent relationship. The t y ? ~ "1 lauu tenure constituted a sig- nificant determinant of'thc pattern of political power, and a specific power perpetuated a particular type of land tenure" (Tai, 1974:l).

The "Control of land has meant power, and thc search for a con- ceptual base to justify claims to land has part of the power struggle. Rulers, ecclesiastics, ri all have bent theories of land ownership to s u ~ i I cnds"

(Strong, 1979:2).

cs have I ,. -$ I--A

YSTEM: . ,. >

been an chmen, p )port the;

csscntial oormen - ir politic:

NIGERIA'S LAND TE AN APPRAISAL Land tenure arrangement embodles those legal and contractual

or customarv arrangements whereby people (in farming) gain access to productive opportunities on the land. It constitutes the rules and procedures governing the rights, duties and liberties of individuals and groups in the use and control over the basic resources of land and water (Dorner, 1972). Thus, land Rnure system defines the relationship among men in the use and control of land resources.

The basic concept of ownership is that of tenure. This means the right or capacity to have and to hold land for certain uses. The word "tenure" means the holding of property, especially real estate, or by reference to a superior. Inherent in the word 'held' is the ideal of exclusion, that is, to set aside and keep as one's own sy shifting out and excluding others. Another indispensable dimension of tenure is the period of time for which the property is held (Harris, 1953)

Land ownership (tenure) is a bundle of rights held jointly by in- dividuals, groups, corporate bodies and the state. The land owner-

hip syster esources.

The la1 'ariation i - - - c - _ I _

lossess ab uary righ learance

s ns in Nigeria, constitute the basis of p ights in land r The traditional land tenure system ia was pre- state. based upon local sovereigntv in land malrers.

id tenure system. in Nigeria is not uniform due to local v n land matters. Therp are, however, some identifiable com- nlull lduurs which facilitate analysis. In the early stages of the na- tive system, upon the acquisition of lands, by conquest or settlement by members of a given community, the land so acquired or settled upon would be apportioned among those worthy of them in the order of merit (Hayford, 197155) Alternatively, the original nts acquired the land by squatting on ~ t .

The commonest type of land ownership system is corpc UP ownership) and this accounts for about 80 percent of the land, while family and individual ownerships account for tl ling 20 per- cent. The relationship between the individual , ,roup in the corporate land ownership system is rather complex but distinct. In- dividual right of ownership is derived from the group to which one is born or adopted. The group manages the family land and allo- cates this to members according to needs. The individual does not P lsolute title to the land, hut has right to use it - usufruc- t I ts. The individual use rights are established by initial c and use of land, by mixing his labour with the solid and appropriating the land from the Gate of nature.

)art owne ed, the re ind rever

~roperty r: in Niger

he remau snd the g

the land

immigral

)rate (gro . . .

:ted as lo brthermo

he rights of the individual to use the land are protec ng as he continues to make a beneficial use of the land. F a e- his rights to use the land evidently extends to, and is transrerred temporarily to, the pledgees, shoultl he pledge to another- person as security for debt.

Individual use rights are transferable along family lines becoming a family property to be shared out among the heirs according to the rules of inheritance adopted when the initial user dies. This right to use the land remains with the initial user of the land and his heirs who also become I: rs until the land is abandoned. When the land is abandon' :sidual interest of the community in the land is re-asserted : ts to the community to be held until it is required by another member of the group, or it may be allocated. to any stranger who "requests" for it. The holder of usufructuary rights lacks the capacity to alienate the land due to the allowable field of discretionary action implicit in the terms of the grant. Alsb, "non-tconomic factors", like the pride of family, social interest, politi- cal fdeology and social and political status may define who gets what interest in land and how much interest. These factors also institu-

5

le land a1 :m measu ulative PI

~d the sec res mand lrchases (

tionalize the channels through which interests in I be ac-

quired and disposed" (Uchendu, 1970:MO). Tenant farmers had no security of expectations, while large-scale

farmers found difficulties in acquiring sufficient amount of contiguous tracts of land for agricultural purposes either by lease or purchase. The above stated land tenure system has given rise to a number of problems - duplicity of ownership with the consequent excessive transactions costs, fragmentation of land into uneconomic sized tracts and inalienability of land which makes land part of the physical capi- tal but not a part of the financial capital. However, Johnson (1972:261- 262) argues that "restriction on sale of land have the effects of ra~sing the cost of transferring land to certain uses and users. This reduces the size of land market and limits the way of capturing wealth in- land."

The need to ensure equitable access to productive opportunities on tl :urity of such access once gained, makes land

refor latory. To exacerbate the situation, wide-scale

spec )f large . tracts . of (communal) land, in the ab- sence of land taxes has a crescendo. Most of the purchases are done by wealthy nc .s who hold the land idle, waiting to capitalize on an appro1 rket situation, while food production is on the decline (Fabiy~, IY 14) .

Many government development projects have been stifled by a prohibitive amount of compensation demanded by speculative pur- chasers who had previous knowledge of government intentions (Famoriyo, Fabiyi, and Gandonu, 1977). In other instances, disputed claims and counter claims over ownership of the proposed site and the attendant law suit coupled with court injunctions which often prevent the d to litigation make such land

unavailable. *

All the ab 5C;3 ,,xonvenlences have "led to the ques- tioning of the relevance and equity of traditional relationships and established institutions of the land and have given moral sanction to the demand for change" (Acquaye, 1976:3) of the land tenure sys- tem.

evelopme

ove chanl

, reached 3n-farmer ~riate ma'

' r n l r \

:nt of lanc

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1 subject

ISSUES IN THE FORMATION OF LAND POLICY A national land policy is an intepal part of the ~olitico- economic

systems adopted by a country. It should bear relation to the achieve- ment of a new national economic and political order, in which the provisions for national land policies will be fundamental. Conse- quently, the-general structure of the emerging national order as well

Parsons, cia1 issue: eed to ad

3 public ns, influe income, c

- - . . . . -. -

rules anc ic Growth crnmcnt "

use and lscrvation .,a,. ,,. -,.

- - occupant

I, and thc ..-:, ,L,.

ise of aut ary assoc ,,4,.*.. -.,"

j sanctio~ I," Arihur which are

) fa natio . . nated rat nillion in le attend . .

tim need j farms t(

hority c)f :i:itions i r ...- ..r .. .

as the constituent land policy will be deeply inflrlcnced by the idcol- ogy of those who exercise powers of governmen1 (Parsons, 1982).

A national land policy touches thc earth and the liv - - Irm-

ing people through the system of farming which it su r at least permits. I t specifics the scope of the pcrmissiblc n of choice in the use and occupancy of land in farming svartirrla. ~r1i.s is the matric of choices regarding the in farming systcms, the practice of cor Y of exploralion in use. At issue is whctbLl L v p L l ~ ~ ~ l t LIIC: L I F C rclgn of market forces and alized tenure or to tamper with market or frcc enterprise s o land ownership and use problems (Par- sons, 1982).

Thc objectivc ot land use policy is to ensurc rational allocation of land among competing uses. Therefore rat.ona1 rural land use policy is that which ensurcs that the country is self-sufficient in food production as far as practicable. To achicve sell- sufficiency in fc production the patterns of agricultural producl ganized from individual fragmented small-size( efficient Iiirge scale production.

The above situation calls for the L t 0 modify the working rulcs of custom nal agricultural cconomies to crcatc a mbuir 11 ~ Y S L C L I I UL aqrlCulture by transforming the anteccdcnt

I n his "Theory of Ecenomi :ntified nine catcgt)rics of functions of gov~ : relevant to economic growth: maintaininj ~ -~ services, inlluencing attitudes, shaping economic institutior ncing the use of resources, influencing the distribution of :on~rolling the quantity of money, con- trolling fluctuations, crlsurlng full employment, and influcncing 1 level of investment" (Lewis, 1955:376-377).

A national land policy should however bc cast in procedural terr so that it not only builds upon and pulls togcthcr differing historl- cal strands of local or ethnic land tenure relatifinships, but also re- lates land policies to the achievement of a new cconomic and political order, in which the provisions for national land policies will be fun- damental ( 1982).

The cru~ ; in the formation c nal land policy arose from the n~ dress the problems posed by increasing popula- tion numbers (which grows at an estir c of 3.0 percent per annum and is expected to reach 200 n the year 2000) on a f ~ e d amount of land resources with t l ant reduction in the available land per person. Coupled with this is the fact that the

7

Lewis idc ~, .

es of a fa pports, o : freedon "*,.-.-. el.

:y of lanc : intensit: I- -..- --:-.

the state 1 traditio .- : . . . . I * . ~

3od :or- ore

population pressure is not uniform all over the sountry. ~ccondly, the need to ensure equitable access to land of Nigeria by all Nigerians irrespective of their station in life. Thirdly, the need to provide en- hanced productivity in the ral sector thly, the issue of social control over prik :sts in Ian ect public in-

terest in the nation's land 5.

Socic he rent in private land use because of the roles th ?layed in g ecognizing and protecting private propert . Social cc :r private land use often, but not invariably, taKe the form UI law> d d regulations. Society can regu- late private land use through the po~icc power - the power to compel an individual to do something or refrain from doing somethhg; the taxation power - through which the society appropriates some of the privarc income from land use an' hip for social or g

pdrposcs, cminent domain - powel )ulsory acquisition

private uwncrs without their come th payment of fair

pensatiuns; and through proprietat ling subsi

other direct incentive for the priy do some

ho would otherwise not choose to Land tenure problems received tne aur;umnn federal mi~~tary

govcrnrncnt (under retired Gene an@) for a number of

reasons. Firstly, there was no nat 3 policy for guiding the

dcvcloprnenl of land tcnurc system5 LIML was cunducive to the general economic dcveloprnent of the country. Secondly, there was a to co-ordinate and streamline the sometimes conflicting dual s) of law-customary and statutory rules - that regulate the alloc use a1 ,I. Thirdly, there was the pz - providing ana

ensurl curity oT those aspects of c\ and tenure sys- tems :onducive to agricultural de ~ t . Fourthly, the probb 1 tenure was interlaced with tnai ul 111creasing agricul- tural ity and the levels of rural inceme. Fiftly, there was a need ish a procedure for resolving conflicts arising from transacilullh II I land, especially the conversion of essentially arbitrary powers of compulsory acquktion into resp is was

to enable those adversely affected by the ex rposes

(actions) to ask for reasons, that these re hewed

by third parties, and that all affected (the weak and thc strong) could participate in making and changing the rules which governs the rela- tions between them. To this end the Federal Military Government introduced a national l a ~ d policy in the form of Land Use Decree (Act) No.6 of 1978. This land reform measure is discussed below:

LAND REFORkI Land reform is concerned with the interre: :ct of produc-

tivity and equity of land use. I t is a means of bringing about struc- tural change in the agricultural sector, thereby altering the'size distribution of holdings or distribution of income.

Land reform can take one of the fnllowing forms (World Bank, 3).

and four ~d to prot

:ty has in e society I :y in land . . .

terest in ;ranting, r ~ntrol ovt ..C 1 -..... -.

1975:U): (i) Rec

[err ,... -

jistribution of public or private land in order to change the pat- 1s of land distribution and size of holdings;

(11) Consolidating of individual holdings, thereby reorganizing the physical patterns of control;

(iii) Changes in land-ownership and tenurial rights with or withuu~ -physical redistribution of land; and

(iv) Changes in conditions of tenure without changing ownership or redistributing land.

The obiectives of land reform are to attain just relationships among the agri, I and to improve the utilization of land. Tai (197 s:

:roup from com-

d owners r of comg nt but wil rY powers vate land< do. .L.. -..-, C

, by provic lwners to

cultural j 4) .posits ~d reform

~pulat ior as follow! requires that agrarian changes be effected within a

rt span of ere land r :icable or --. - -.

time. .ral Obas ional ianc - .C-. ...- .-

eform is r evolution irn- lecessary, e and - - -

impossibl ..:-- :- .. . \J, I 1~111pt t;xcCutlvn 1s nycssary to maintain splrlt or reform, which tends to dissipate or flunctuate with the passage of time and to avoid the creation of opportunities for evasion of reform laws. FA0 Report (1979) also stated the criteria which an administra-

of land would have to satisfy to successfully implement the yamme. These are:

Administrative machinery for land should provide for a (single) line of command from the centre to the field levels, in order to ensure that the policy is enforced and supported at all levels.

(b) There should be motivation, resources and capacit mit this command down to the field levels.

(c) Local knowledge and participation of beneficiaric be brought in at all levcls especially at the fie!-'

(d) There should be supporting ser and cooperatives which must be co-I tiw awnc?'.

However, when government tries to increase its control over an area that has many meanings for people, such as lands, the issues

need istems

nd contrc ing the sc that arc (

voblem of rstomary velopmen L-. -i-:--

tion P'Ol

(a) The em of Ian1 productiv to establ .-. t,...- :.. - ~

onsible pl ;ercise of asons COI

y to trans

:s should U 1 C ; V C ; O .

credit. e: by the ac

vices like ~rdinated

Act sta federat

The - - . . - . -

strateg the gra tive sys

loses of t in agric~ . .

that its efforts stir tend to be important ones (Healy, 1977:16). The Land Use Act is no exception.

We shall employ Tai's postulates as well as F/ :ria in evaluating the Nigerian Land Use Act to enable us declde whether it should be modified or replaccd

Land Use Act 1978 The Federal Military Government ot NI,,,,, ,,,,,, , ,,,ld Use

Act (No.6) of March 1978, which purports to take I swner- ship and control of land in the country thereby pro\ niform legal basis for a eomprehensivc national land tenure ~ V ~ L ~ ; I I I . dither- to, the land tenure systems in the northern and sc arts of the country had been different. The Act embodies pl for the transition from customary to state sanctioned tenure ~y sub- stituting the authorities of thc several (21) states for the traditional owners or local chieftains in the sanctioning of the working rules regarding the use, occupancy, and transfer of land. Article 1 of the

ites that "all lands comprised in the territory of each state in ion are hereby vested in the military govcrnor of that state." act has been designed to deal with several problems en-

L U U I I L C ~ ~ ~ by the various operatives on the land since colonial times. It addresses four impor~ant issues arising from thc tenure system: the problem of lack of uniformity in ~ h c law! ig land use and ownership; thc uncontrolled speculation in uroan lands; the problems of access to land rights on cqual basis; and the fragmen- tation of rural land arising from the application of the traditional principles of inheritance. It approaches these issues through three

ies: the investment of proprietary ri : state; ~nting of user rights to individuals; a] inistra- ,tern rather than the market in the a1 in land

(Uchendu, 197O). Thus the avowed purr Use Act are:

(i) to make investment llrure ariractivc by removing the uncertainty in the controi over land;

(ii) to curb speculation i~ inds; (iii) to make opportunitif upy land : lo all . .

Nigerians throughoui L L L L ~ ~ u t i t r y theretr ULlllKIiLK nuvu t l l ~ ~ b ~ l ~ t y of resources, eqxciallv hum'ir

(iv) to reallocate rural land to lart : large- scale farming (Parsons, 1982).

The Act cmphasi~cs the public purpose of protecting the rights of all Nigerians to the land of Nigeria. The ~rcamblc to the Act states "Whereas it is in the public inter& that the rights of a!l

he Land

1 resourct :c-scale f;

ghts in le nd the us llocation

- :s; and armers to

3ver the (

riding a u -....*-- T

: former j govcrnir

1 . I . ~

~ n d in tht e of adm of rights

I facilitate

verting aut horit

Ma,

over an) le for a " of local

t r s to 1, state on :

ated to p 'qlicy ultural pu

I comprn Land All

Nigerians to the land of Nigeria be asserted and preserved by law; and whereas it is also in the public interest that the rights of all Nigerians to use and enjoy land in Nigeria and the natural fruits '

therwf in sufficient quantity to enable them to provide for theasus- tenance of themselves and their families shou ,ected and preserved ..."

-The responsibility for implementing the ~ c t has been passed to individual states and their constituents units of local government. The Act provides for the establishment in each state of a "Land Use Allocation Committee" -to advise the governor and to have jurisdic- tion in disputes sati ion that may arise. Similarly,

I provision is mad location Advisory Committee" to advise each unit gvvcrnment regarding the issuir!g of cus- tomary certificates of occupancy to applicants for rural lands.

One ofthe innovationsin \he land use Act is the vesting, in local government; of the authority to is:ue certificates of occupancy. This authority would seem. to supersede and absorb (at least formally) the traditional authority of local chiefs to allocate opportunities to members of the community for the use and occupancy of land. However, the Act reduced all land users to lease holders bv con-

landown andholders, there g the y of the I i l l tracts of land (. jor Provisiorrs of the Lartd Use Act

The Land Use Act differentiated, rather arbitrarily, the Nigerian land into rural and urban lands with somewhat different policies. (a) Urbart Lurtd iDoolicy

Prior to thc promulgation of the Land Use Act the pervasive

7 problem in nlost u r t u n areas o f the country are: speculations in urban lands, and the inat)ility of migrants to citics to. secure hous-

,') ing. Thr, urban land speculators accumulate large tracts of land which are hcld undeveloped in anticipation of a rise in site value in thc absence of land taxation. The Act intends to combat the two problems by limiting private ownership right:< in urban land by providing that an individual may hold not more than 0.5 ha of undeveloped land. Undeveloped lands held in excess of 0.5 ha are to- be surrendered to the government. Holders of conveyances or fee simple title to urban properties are to convert same to stat .tificates of oc- cupancy. This implies that the holders of s ficates (rights) have been converted to lease-holders for a term "I vcilrs and as state tenants are oblig, > the stat (ti) Rum1 h d I

Land for agricl r m and (exapt rnose ~n wh~ch minerals have been discovered or exploited) is to be under the jurisdiction

ay rent tc

ired, .prot

by super Parsons,

utory cer uch certi -- - C ..,...

of local governments. Local governments are to issue custo'mary eel-

tificates of occupancy rights. According to the Act, the local govern- ments are empowered to grant customary rights ot occupancy to any person or organization f for agricultural, residen- tial or other purposes.

Furthermore, they art ant customary occupancy rights in such rural lands in amounts up to 500 hectares for agricul- tural purposes or 5,000 hectares for grazing purposes (Section 6(2)). And these ceiling may be exceeded by consent of the military gover- nor.

or the us

: authorij

t: of land

red to gr;

The logic of the provisions are such that rural people would now stand in a new status of liberty - exposure to the state ..... they are exposed to the liberty, or capacity for freedom of choice, of local or state authorities to restrict the grants or to assign them to strankzrs, (Parsons, 1982).

with na tomary custom

There are some provisions of the Act which suggest a compatibility ltive law and custom, especially: (a) the implications that cus- occupancy rights would initially simply recognize and validate ary tenure status, and (b) the explicit provision that inheritance

follow native law and custom, as indicated in section 24(a). The Act also contains some ambiguities which are tinder boxes

ready to explode at the slightest prodding. The Act implies that it is the "occupier" of the land at the time of the promulgation.of the Act who is entitled to customary certificate of occupancy to any par- ticular plot of land. For example, section 36(2) states that "both the person with the trad~tional title to the land and his tenants as well as his tenant's tenants are equally entitled to a grant of certificate of occupancy on the land they are cultivating. This provision may work hardship on the original landowners who gave out all or near- ly all their land to tenants and rely on annual tribute being ,)aid by tenants. This is the situation in many parts'of the Oyo, Ondo, and Ogun states (cocoa growing areas) of the couptry. Thc Act also takes care of compensation to be paid on any improverncnt made on land ' subject to approval by the Land Committee conccrned. However, the compensation money is only payable to the land holder ahd not to a mortgagee, leasee or sub - under - lcasce of a holder. This ma) work hardship on creditors who accepted land with a valid statutory certificate' or customary certificate of occupancy in case such land is compulsorily acquired.

The Act has abolished the payment of tribute by the tenants and it is capable of making erstwhile customary tenants bonafide I a n - downers" by default by granting them a certificate of occupancy (Fabiyi, 1979), as can be construed by the provision of section M(2)

12

and (3)- The w e N of the Act also hold the potential for hastening

tfie dissblutioa of the family as a land holding group into an ag-

Pan'? to c e in the rs" etc. bz

of the ucture. T eir influel

71e substi :es the sLi

tution of 3tUS of p€

of the p disposscs ~f politica

- ce and ex n authori .- * -

e alienati lent with1

on of lar out the p

scupanc) the land i - - - . . . - -

been a sl he Act m :gitimacy .. . I

rd (urban lrior appl

gregate of individuals holding certificates of occup; .s to par-

ticular tracts of land. Historically the authority and G the head

of the land-owing group to allocate opportunities use and

OCCUI members roup has ~esive in-

fluen social str %rough tl e "Obas", "Emi rve lost tb nce and It they have been stripped of the rights to Dant land to tne~r suojects, o~iherto the sources of their influen1 tra income.

With land allocatio~ ty in rural arem transferred to the local councils which are expcued to issue leases for a term of years to particdar trads of land the whole process becomes a part of public or political procedures. T h e really significant shift in social relationships is not a substantial shift from kingshirrstatuses to free contract. It is now a shift in procedure ... that is es, rights and responsibilities will now be transferred from idual and his kinship group to the agents of the body poli jocial en-

tity." (Odetola, 1978). The Act forbids th 9

mortgage and assignm nor.

granted u 'I plac :ople on I

The hered~tary securlty of Customdry LGIIUI G WIIW.I~ .,. .-opIe have

enjoyed for generations and even centuries, through birthright privileges for persons born into the landholding group, to a subsis- tence plot and home site, is wiped out, (Parsons, 1982).

11 is not difficult to find agrecmeot with the new land policy - The Land Use Act. The critical ishuc, however, is that vesting all land in the governor has ~onccntratcd both economic and political powers in onc hand. Concentrating nor expands the ficld in which arbitra J

prerogative could be exercised, (Fabiyi, 1 S

of the abuse revisions of the Act. Political oppor C

been freely sed of their land for "public purpol d

allocations c I opp:~ncnts were freely revoked. Fo .', the allocation of some plots of land in Kano, (Northern Nigeria) wt;te revoked and reallocated to somebody else three di nes, within

the space of five years, depending on who is in co~ The political and administra~ive tasks of d e v i ~ ~ ~ wu.kable pro-

I rights fo In the ha1 ..-.. ... L:,.1

lcr in thc ry discre 979). Evi1

mcy right 3pacity of for land

trong coh any of thc because I A . Ll*

i, privileg the indiv tic as a :

I or rural -oval of t

hand of [ion and dence no1

fferent ti1 nuol. , . .---- ...a-

iry tenurc reaucrats . .

the govcr unlimitec

N abound

enable him to replace wh I from him (Lichfield, 1956). However, it seems I ' compensation can as-

suage the feelings of an average ~ u ~ g t : r ~ a r tu whom land has profound cultural and socio-political values, and spiritual aspects. To the sub- sistence farmer land is the basis of his survival. I t is to him life giving. Thus to take land away from him for a public purpose with which he cannot identify, without prompt payment of adequate compensa- tion or resettlement, is to ask for trouble. (5) The shortage of funds is another major problems as there is a general problem of cash flow in the economy. (6) Finally, therc remains the human problem of dishonesty among officials and the public. For example, many of the declarations made by applicants were found to be false (Fabiyi. 1983).

In su Use Act e fol-

lowing f . - . s essentlarry an urban lepslauon wrlrur U W ~ auFrbllrcially

ches the tenure problems in the rural sector. Besides. the title misnormal. It should have appropriately been titled "Land Al-

,,,dtion Act." I f it were a Land Use Act, the conceDt of zoning should have been included.

2. It has not eliminated spcculatio it un-

derground or fueled it. 3. 11 concentrates both economic and political powers in thc hands

of governors, military elites, and "robber barons" who use it to dis- possess their political opponents and or peasant farmers through large-scale acquisition of land for commercial agriculture, paying only for unexhausted improvement, stipulated by the Act.

4. I t has not succeeded in removing the uncertainties in title to land; instead it wcms to accentuate it. For cxamplcs, a certificate of oc- cupancy can he revoked for "public purpose" or a contravention of the Act. Where a bank gave out loan to a prospective farmer --4 accepted a certificate of occupancy of pieces of land as col-

:ral, it is not certain who will get paid compens * bank the landholder?

. _ e Act docs not appear acceptable to a cross-sectlon of Nigerians; the traditional rulcrs, lawycrs and estate surveyors op- pose it while the peasant farmcrs who havc birthright claim ro the land ignore it.

6. I t introduces some uncertaintia as to who can register rural land, whether the initial "landowner' who granted it to n tenant or the tenant or his sub-tenants - as stipulated in section 36(2).

7. The requirement in sections 21.22, 23, and W(7) for consent by

cedlnes for effecting the Act entail the creation, state by state, of appropriate !and records and ordirtances as weU as judicial and ad- ministrative procedures (Parsons, 1982). Evidence now ahounds that the military-instituted implementation bodies and commi ttt dissolved on the mming into office by the civilian in late 1 none was reconstituted till the soldiers took over control ,, govcr x r 31, 1983. No conscious efforts were made by tt luthorities, when they existed, to set up a separ mplement the Act.

Revocation of Interest over Lc for Unexliarrsted Improvementci.

The goi.et.nmeot claims the n cerimcao cupancy of any occupier or holder of land for an overridinl inlerea or breach of any provision of the Act, with payment pensation for uncxlla~~sted improvement (Section 2.3). Howe the purpose of pa~ment of comprnsa?ion, valuation of the ut1c.x-

hausrcd impro~ ~n the land is carried out and the holder paid accordingly. TI problematic since ownership or title to land is not usually rr;g~>i~rru, espcciall!~ in the rural area.

Pmbfett~s of It?~plen~enrit~g the Lotrd Usc As stalcd earlier, no separate atlrninistri :lure was set- up

for implementation of the Act in must StatLa "1 CIIG country. The im- plementation of thc Act posed almost in~ractable problems (Fabiyi and Adrsimi. 1'179). The problems rnainlv concern thc bllowing: (1) The definition of irnprovemenl - there h no unambiguous definition of what canstitutes improvements or unexhausted improveme; The methods of mes ing wmpensation for buildings or farm tures and crops - market value is the basis of valuation of im ment for the p u r ~ s e of compensation, howevar, ma an apl of valuation for nun-incomc sets sl entres, while the problem farrnla~~u 15 c m e c ~ a ~ ~ y compundcd by lack of inforrnacion on sales of farr ice such sales are always t irh sccrccy. (3) Findin, .cement for acquircd agrici nd is extremely difficul : therc is no land in Nigeria w~ntrur an owner (Poten- tial or actual). (4) The ; irf cornpensarion h u alway: untimcly - the payment o sation is to a~sure no loss c farc !,j those disposses 'eir p:o,wrties, iriersby cndtIl~,g swicry to maintain Pareto's optinlum position in which nobody is made 'worse-or while making some b:ttcr off (Rhiyi, Adeghyc and Folayan. l')(il). The general principle k h a t fair market value b r the property taken will make thc owner *whole.. that is. it will

x n taker mount of -2-- .- ...

:es were ,979 and I ,.c *l.-

rnment o~ le impler 'ate appa

.r Decemt nenting r ratus to i

2nd and ,

gllt to re*

Papen1

voke the 3 public of com- :ver, for ..---

found tc

A:-!- ,.-I

) havc thl he Land

I,

has becn

' . I - * : - - --

ly driven r Act Uivc struc ., ..I- .L-

, it has on ~n in land.

nts. (2) I struc- Iprove-

rkct valuc :. prtduc, of valuat - .. ~

: is not ~ng as- ion of

!Let hod

nland sin g a repla It hecausc

ation, the

i becn lf wel- -LIZ--

the governor for statutory right of occupancy or local government for customary rights of occupancy must be first had and obtained before any transfer of right over land can be effected is cumber- some, vexatious and capable of srifling initiatives.

8. The civilian government of 1979 - 83 ignored it and even dissolved all committees set-up to implement the Act.

9. It is axiomatic that the government continues to appeal to various communities to donate land for development purposes despite the fact that the government arrogated ownership and control of all land in the country to itself.

Perspectives or1 Nigetiart 's Larld Policy The Land Use Act has been incorporated Into the country', ,,,,-

stitution and was not allowed to be reviewed by the Constituent As- sembly that was charged with fashioning out a constitution for the third Republic. This is a confirmation of the Military rulers' posi- tion that optimality of li~nd use is likely to be achieved through public ownership. It is conceded that public ownership of land would place the state in a strategic position to play, control, and monitor land development in all the twenty-one states of the federation.

The analysis of the current land reform - the Land Usc Act - showed that all is not well with its conception and implementation. A number of supplementarv measures arc hcrcby suggested to ameliorate the weaknesses in the opt wner- ship of land. These arc:

, - -

sported I

1 . Lan the rate uses ordi

2. Intrc

- nd this sk tive conve ral Surve,

concept s ral land sl ,.I. lt..--1 1

d Use Zoning. The zoning hould be entrenched in Act whereby good agricultu~ lould be protected. The of conversion of prime a~riLurLulal rand to non- agricultural

, is very alarming a iould be checked through ~on ing nances and restricl :nants. . sduction of Cadast y. This will enable us to know the

exlent of the land of each community, family, individual or any other land owning unit. It is recogni;.ed that cadastral survey i, 2x- pensive; determination of ownership is messy and tirne-consum- ing. But it is hightimc the country took an inventory of her resources, both human and material. After i t has been determined who owns which piece of land, it is then necessary to document owncrship through title registration.

3. Land Registration and Adjudication of Title. The id I title registration is not new to the country. Thcrc had bc r at- tempts to register titles to land but i t was not carriec L r r r uug,~. For example, Dr. P.C. Lloyd was commissioned to study the pos-

ea of land :en earlie 4 +L-,...-L

. s r v u j

tion I

holdi locat

sibilitics of land registrstion in the mid - 1960's. He submitted a report which was acccptcd by the government. However, the im- plementation ofthe report started in 1975 in Lagos, but it was over- taken by the promulgation of the Land Use Act of 1978.

4. Protection of the interest of small-scale farmers. Provisions should be made to protect the small-scale farmers from being displaced by imposing a maximum size of holding permissible by any in- dividual fariner. The unbridled acquisition of tracts of land for commercial agriculture by individuals and corporate bodies undcr thc provisions of the Land Use Act can easily result in conccntra- tion of land in few hands.

5. Property taxation. Investigations reveal th I people have bcen buying up tracts of rural land for spec -. ~rposcs in the

abscncc of property ratings in the - nd :axes (Fabiyi, 1974).

Tencmcnt ratings should be inten: :cntrcs where

it alrcady exists and introduced w [st, whilc land

taxation should be introduced all uvt;~ LIIL L U L I ~ ~ U ~ ds a mcdns of generating revenue for the government. The introduction of land taxation is likely to force thc people to usc thcir land more intcn- .-:.,,.I., to pav the taxes, rcduce the price of land duc to capitali~a-

~ffcct or force people to dispose of the land as a rcsul~ of ng cost cffcct oC tax on the'landowners, depending on the

- - - ion of thc land and thcir expectation of future prices. Howc\lcr, t<cx<~tior? of land has the effect of r the

cy ca enab than

arc n verlt c:nllr

ers all ov8 the tenar

. 1 1 . r

form ot la sified in 11

,here it dc I 6 1 -

at several ulative p~

le urban c )cs not ex1 ,.,...-..*-. r .

governmenl. 6. Tenancy Rcform. 11 has bcen shown in literr nan-

,n be as efficient as owner-operator system. F~xed rent also Ics the tenants to employ thcir capital in production rather tie it down in fixed asset. To this end, there should be a legis- n to fix the amount of rent payable by various catcgorics of

cr the country. The rent futed should be such as LO 11s sufficient incentive to invest on the land rather

than mllKlng the land of its natural fcrtilit], 7. Land Use Planning. There is need to int nsive

land use planning and zoning ordinances 1 se of

land for various purposes. Many of the uroan ccnlru 111 ~ ~ l g e r i a lot planned while prime agricultural land contin con-

:d to non-agricultural uses without regard for tt )f the

ltry for food and fibres. -e is need for the establishmc ~mlssion at the

:ral with subcommittees at lcls of govcrn-

,,,,,,t. The commission should be ill1 1rIuepenur;rll uody composed

:nt of a L; jtate and -- : - A - ~ -

raising rc

iture that

I .

roduce c~ to rationa

1 - . -. - - . omprchei llizc the u

:- %I: .

~ n d s COW Local lek

. J - - . L.

ucd t o bc le needs c

: traditior J. Howel - - .. . - 1 1 -

tlal for ag ~securc J ctations g

onsider;lt 11 tenure :

review th~ the reql

." for land

ict it to a t mers.

.t the trad hievemen imilate c;

we land tc

:ases (not ,treamlini :s. . -* , -

g five yea I as unific

erm of ye

- L.. 1

fallov~ am

'1 L.. .L_ .

r- of experts and representatives of all sections of the society. The Act concentrates both the economic and political powers in ~nr ; ndnds comrnkion should c following provisions among others: of few individuals who are abusing its spirit. It has been shown that

(i) The prow uirement for obtaining mandatory the Act does not enjoy wide acceptance and the implementation "governor' I transactions need urgent review to leaves much to be desired. Sale of land, forbidden by the Act, has include exemption of short le exceedin rs) from been continuing unremitted. The people simply backdate the receipt the consent provisions, and s ng as we1 :ation of of the sale. consent procedure in all statc The limitation of private interest in land to a leasehold for a term

(ii) There is need to remove sealon 3(3) , which bars alien f of years seems to limit the public claims against land to rent, there- land in non-urban areas to facilitate the mobility of resou, J fore precluding the taxation of land. In the face of dwindling oil to serve the intercst of agricultural financing and develop I revenue and the absence of a tax upon land, it is difficult to see how

(iii) There is need to limit the coptrol bv a governor over seemed local government could become independent of the ~ e d e r a l govern- grants and nor restrl ars and rent should not be ment in the execution of its programmes. A nu a1 t erdathre

Y imposed on such OH land policy measures ranging from cadascral st d registra- (iv) Agricultural land misuse such as ousn burning, oter- grazing un-

I tion to comprehensive land use planning have ~ ~ ~ e s c e a . controlled mining and excavations should be positively dis- The machinery for land a( ion at present is considered couraged by the Act. I inefficient; there is need for gh examination of t b func-

(v) What constitutes "over-riding interest of the public" should bc out- tions, organization and e f f e c ~ ~ v ~ ~ ~ ~ s s of the ministries and other lined in order to minimize any tendency towarc ry exer- government agencies dealing with land matters. Land policies must rise of powers conferred on Governor by the Ac be sensitive to changes in the social and economic goals of society

(vi) Lands title to individuals should be sccured agalnsr (capricious) Consequently, it is imperative to establish a research unit charged revocation so that land can continue to be a valuable a\set. 1 with the responsibility of carrying out sustained research on land

(vii)To produce guidelines for monitoring and controlling 1;1nd trans- matters so that government would always have relevant and reliable actions in order to ensure social justlcc and falr,)lay I information and advice in the implementation of its land policies.

Is arbitra

( G F o produce guidelines for the plann~ng and dcvclol)mcnt OI I.,nd for various uses.

SUMMARY AN0 CONCLUSIONS It has been shown tha litional tenurc systcm p1,rccd major

constraints upon the ac 11 of efticient agricultural produc-

, -

uous cu!t

I EPILOGUE This add :dicated to Professor Kenn~ Id Parsons,

Emeritus Protessor of Agricultural Economics at the university of Wisconsin, Madison, whose humane concern, prz ~d unique perception of important issues in the fie11 5

lave taker free goo

tion by the failure to ass apital, organiring ability, and tech- nurtured my academic development. nical skill essen ' - - I development. The holders of land cognize the prof01 of my colleagues in had become ~n g,rowing'shortage of land and in- I ti nent of Agricultur: :ially Professor C.A. security of expc by thc land p l ~ c i e s of the govern- I 0: the current Vice :ssor 0.0. Ladipo,

! men[. now a ruii-time farmer, Professor A.A. ~ u e s ~ m i , the current Head Thc ial sy5tem of land tenure presuppose ndance of the Department, and Professor S.A. Oni, for the chal t-

of lanc 'cr, population pressure has reducc ~n-land mosphere they provided. ratio espcciauy in the South-Eastern part of the COI,A~UV wncre it is My appreciations go to my wife and children who bore the brunt no longer possible to lea< ivation of my academic pursuits, learning to make necessary adjustments to is now the rulc. accommodatt: my ni~merous research trips away from home. I am

The Land U x Act D ~ ~ J I ~ I U I ~ L C U IJY L ~ C government tailed to lakc grateful to the numerous research informants - farmers, Landlords, into sufficient cc ion the modifications that h I glace Chiefs, Obis, Obas, Emirs - who provided research information at in thc traditions sygcm by treating l a d a s a d. The one time or the other in my Studies of Customary Land Tenure Sys-

18 19

I

rccs an(

I also re

c lress is dc

lministral a thorou

.*:- .- - - - -

ilnd a n t 1 11 Econon

ibutions nics espec lor, Proft

A . I - .

~mber of Irvey, lan b a a . . en.""

eth Heral . - -

~gmatic in d of land

~tellect an economic

lenging a

nce of th is Lectur e for the

. A q u i

ISSN ( , Dorne

lions i. - \

EFERI nd Policy

: Decree fi

ce on Lar

omics (3

E 2NCES 1 976). "La in Ghana, its development a

' tuture." A paper presented to the I ~d Policy for Nigeria, University of Ibadan.

2. Barlowe, R. (1978). Land Resou rd Edition) Prentice Hall Inc., Englewood Clitrs, New Jersey.

3. Bohanan F! (1%3). "'Land' 'Tenure' and Land Tenure." D. Biebuyek (ed.) .4fican Agrarian Systems (Oxford university Press, 1%3. (Also Land Tenure Centre Reprint) No. 105 Nov. 1973 U.S.

N84-0807, University of Wisconsin, Madison. p.1 4. r, P. (1971). "Land Tenure Institutions." Balse (ed.) Itrstihl-

11 Agriculhlral Development, (Iowa: Iowa State University rress). Dorner, P. and Don Kanel(1971), "The Economic Case for Land Reform: Employment, Income Distribution, and Productivity," FA0 Land Reform, Land Setflemettt and Cooperafives, 1:l and Land Tenure Centre Reprint Series No. 74 : 1 -27. Fabiyi, Y.L. (1974), Land Tenure Innovations in Rural Develop- ment: The Problems with Western Nigeria with some Tanzanian Comp; Inpublished Ph.D. Thesis, University of Wiscon- sin, Mi

7. - - (1979), "Land Tenure Reform in Nigeria: Im- plications of the Land Use or Agricultural Deb t." rfe J. Agric. l(2): 235-257.

8. Fabiyi, Y.L. and A.A. Adeslml (1979). "Agrarian Rr;lurm in Nigeria: Proble ]sting Agricultural )r Compensation 1 e Land Use Decr Journal of Admir 13(12): 142. !y

9. Fabiyi, Y. L., R. U. Adegboye, and' - layan (1981), "Case Studies of the Impact of Water Re! ;velopment Projects on Rural Communities in Nigeria,". ~fmlal of ~p.cufhlra1 Sciences, 9(1 and 2): 11-30

10. Fabiyi, 4). "Land Administration in P ase Studies of the tati ion of the Land Use Vet ) in Ogun, Ondo auu t JVU States of Nigeria." Agriculfural Admfnistration 17(1): 2

ms of Cc Under th, ~tisfrafion, - . . -

T. A. Afo source DI 4fricatt Jc

Jigeria: C; Cree (Act

. . .

ments fc " Quarter

11. Famoriyo, A.O., Y.L. Fabiyi and A. Gandonu, (1977); Problems Posed by Land Tenure in Nigeriar. Agriculture, N.I.S.E.R., University of Ibadan. 200 pages.

12. Federal Government of Nigeria Land Use Decree NO. 6.1978. 13. Gandonu, A. (1975). "The Geography of Nigerian ethnic it^ ,and

its implications for Planning and Administration," COSRAND Paper, 1975, NISER. University of Ibadan.

14. Harris, M.. (1953). Origin of the Land Tenure System in the United States. (Iowa: Iowa State College Press, Ames). 4 4 5 ~ .

15. Hayford, G.J.E. (1971). Tlte Truth About the West African Land Questions. 2nd Edition (London: Fral~k Cass and Co. Ltd.).

16. Johnson, Omotunde E.G., (1972), "Economic Analysis, The Legal Framework and Land Tcnure Systems," Joun~al of Law and Econontics, The University of Chicago Law School, Vol. XV,

1 1:259-276. 17. Lichfield, N., (1956). Ecorlor~~ics of Plarlneti Der~eloptl~errt. (Lon

don: Estate Gazette Ltd.) p. 318 18. Lewis Arthur, (1955). 771eories of Econoniic Growth, (Londor..

George Allen and Unwin Ltd.). pp.376-377. 19. Odetola, T.O. (1978), "Socio-Economic Impact of the 1978 Land

Use Decree," Adejuyigbe and Dare (eds.) Land Tetrllre Refon11 in Nigeria: It?zylicatio~u and Itlrplerltetltutior~ oftlle Lund Use Decree, 1978. Published by the University of Ife Press for thc Faculty of Social Sciences, University of Ife, Ilc-lfe.

20. Parsons, K.H. (1982). Land Policy in Development of Agriculture in Tropical Africa: Two Fragments with a Preface, Land Tenure Centrc, University of Wisconsin, Madison. hlimcograph (passim).

21. Penn, R.J. (1962), "Understanding thc Pressures for Land Reform," Econot~~ic Developt1lettf in Soul11 Anzen'ca and Land Terzflre Centre Reprint Series No.7

22. Podedworny, H., 1971."The Customary Land Tenure, Selected Problems of Agrarian Reform and ~ ~ r i c u l t u r a l Development ir Country South of the Sahara,"African Bulletin, Institute of African Study, Warsaw University, Poland. Also in Lend %lure Centre Repnttf No.111, March 1974, U.S. ~ S S N 0084- 0807 University of Wisconsin, Madison).

23. Ratcliffe, Richard U. (194Y), Urban. Land Econotnics. (New Yorks: McGraw-Hill Book Company Inc.)

24. Russel B., (1979, Power; (London: George Allen and Unwin

I Ltd.) p.57.

25 Strong, Ann L. (1979). Land Banking European Reality, American Prospect. (The John Hopkins Press, Baltimore and London), 1979.

: 1

26. Tai, Hunp ;Chao (1974), Land Refoml and Politics: A Cornparali~~e Analysis. (University of California Press, Berkeley, Los Angeles, London), 1974.

27. Uchendu, V.C. (1970), "The Impact of Changing Agricultural Technology on African Land Tenure," 77ze Jorinzal of Develo/>irzg Areas. 4: 477-486.

28. ------------------- (1979), "State, Land and Society ~h Nigeria: A Critical Assessment of the Ldnd Use Decree of 1978." A paper preseuted to the Seminar to the Institute of African Studies, University of Nigeria, Nsukka, p. 30.

29. World bank, 1975,771eAssartlt ~ t t World Poverty, Probletns ofRrlral Developn~errt, Educatiotz rind d e a ~ , (Baltimore: The John Hop-

?

kins Press) pp.203-234.