Navigating Land and Property Conflict in Nigeria: Legal Challenges, Judicial Responses, and Prospects for Reform -By Oluwaleye Adedoyin Grace

Abstract

Land and property conflicts constitute a significant portion of Nigeria’s legal disputes, deeply impacting social stability, economic development, and individual property rights. This article critically examines the prevailing challenges inherent in land tenure and ownership disputes within Nigeria, focusing primarily on the statutory framework established by the Land Use Act 1978 and its judicial interpretation. Drawing from landmark cases such as Olasupo v. Tugbiyele and recent high-profile disputes including Magodo Landlords Association v. Lagos State Government, the study elucidates the critical role of gubernatorial consent, statutory documentation, and the evolving jurisprudence on land alienation and compulsory acquisition. Additionally, it highlights systemic issues such as low land registration rates, registry inefficiencies, and conflicts between customary and statutory systems that perpetuate disputes. The article further explores the concept of locus classicus in Nigerian land law, reinforcing the principles underpinning property rights and tenure security. Ultimately, it advocates for comprehensive reforms aimed at harmonizing legal regimes, strengthening land administration, and enhancing dispute resolution mechanisms to foster land ownership clarity and investor confidence, thereby contributing to sustainable development and social cohesion in Nigeria.

Introduction

Land and property conflicts pervade the Nigerian legal landscape, representing one of the most significant categories of disputes faced by citizens. Empirical data indicate that about 90% of Nigerians struggle with legal issues, predominantly linked to land ownership, boundary disagreements, and fraudulent sales. These conflicts adversely affect social cohesion, economic development, and national security. This article examines the legal framework governing land tenure in Nigeria, explores pivotal judicial pronouncements, analyses systemic challenges fueling land disputes, and proposes focused legal and policy reforms geared toward ensuring secure land ownership and sustainable dispute resolution.

The Nature and Prevalence of Land and Property Conflicts

Land disputes often arise from several recurrent scenarios including contested boundaries between neighbors, multiple sales (double sales) of the same land parcel, clashes between customary and statutory land rights holders, and conflicts triggered by governmental acquisition of land without fair compensation. Rapid urbanization in cities such as Lagos, Ogun, and Abuja intensifies competition for land, heightening the frequency of property disputes.

Fraudulent Certificates of Occupancy and forged titles further complicate ownership claims. These issues cause significant financial losses, stall real estate development, and erode public confidence in the land administration system. The resultant tensions sometimes escalate into violent confrontations—evident in recurring clashes between farmers and herders over land ownership and use rights.

Legal Framework: The Land Use Act 1978 and Beyond

The cornerstone legislation regulating land ownership in Nigeria is the Land Use Act 1978(LUA), which centralizes land ownership by vesting all land in the territorial states in the Governor, who holds it as trustee for the people. This shift aimed to streamline ownership and eliminate overlapping claims under customary tenure.

1. Section 1 of the Act establishes that all land within a state is vested in the Governor as trustee.
2. Section 5 empowers the Governor to grant rights of occupancy within urban areas.
3. Section 9 mandates the issuance of Certificates of Occupancy (C of O) as evidence of land rights.
4. Section 21 restricts alienation of customary rights without consent.
5. Section 22 expressly prohibits transfer of statutory land rights without gubernatorial consent.
6. Section 28 allows revocation of land rights for overriding state interests, subject to compensation.
7. Sections 29 and 30 lay out compensation procedures and dispute resolution mechanisms related to compulsory acquisition.

Though the LUA intended to harmonize land tenure, conflicts remain due to overlapping public and private interests, dual statutory and customary systems, and bureaucratic inefficiencies. Recent federal claims over coastal and waterfront lands traditionally administered by states underscore challenges of jurisdiction and governance under the LUA.

Judicial Reinforcement of Key Principles under the Land Use Act

Nigerian courts have consistently reinforced fundamental principles under the Land Use Act (LUA), which have profoundly shaped the country’s land ownership and alienation jurisprudence. A landmark decision in Olasupo v. Tugbiyele (1985) established that land is held in trust by the State Governor for the people, and only lawful Certificates of Occupancy confer enforceable rights. This case emphatically rejected possession without proper statutory title, emphasizing the necessity of formal documentation to assert valid ownership. Similarly, the ruling in Ajose-Fambaiye v. Ganiyu (1983) reaffirmed the mandatory requirement that any alienation or transfer of statutory land interests must receive gubernatorial consent under the LUA. Transactions conducted without such consent are void and unenforceable, reinforcing the state’s proprietary interests and preserving centralized control. The Udo v. Akpan (1996) case further highlighted the courts’ reliance on lawful documentation, such as Certificates of Occupancy, underscoring their critical role in determining ownership and possession rights. Together, these rulings solidify the legal framework that land in Nigeria is statutorily held by the state and emphasize the invalidity of unauthorized land dealings, providing much-needed clarity amidst systemic disputes.

Recent landmark cases from 2020 to 2025 add contemporary relevance and underscore ongoing challenges in Nigerian land law. One notable case is Magodo Landlords Association v. Lagos State Government (2025), where the Supreme Court ordered the return of 549 plots of land that had been seized unlawfully by the State Government under claims of public interest but later allocated to private individuals. This judgment spotlighted issues of unlawful government land appropriation, misuse of the LUA, and reinforced protections for property holders by insisting on adherence to legal procedures. Another significant case is Adamakin Investment and Works Ltd v. Lagos State Government (2025), which has brought to the fore tensions between historical land ownership affirmed by earlier Supreme Court decisions and government-imposed restrictions on transactions. This ongoing dispute raises critical questions about the limits of governmental authority, the integrity of land registries, and the necessity for due process in land administration.

 The Nigeria Labour Congress (NLC) v. Nigeria Social Insurance Trust Fund (NSITF) (2025) case highlights issues of documentation security and registry reliability, involving conflicting claims over land plots in Abuja complicated by missing ownership documents. Additionally, communal and rural land disputes in Abia State between 2020 and 2025 reveal the humanitarian and legal consequences of ambiguity in customary tenure, boundary clashes, and succession disputes—issues that underscore the urgent need for harmonization between customary and statutory land tenure systems and improved dispute resolution frameworks. These recent cases, integrated with earlier landmark decisions, portray an evolving judicial landscape confronting persistent land conflicts in Nigeria.

Foundational to Nigerian land law are several locus classicus cases that continue to guide legal interpretation and doctrine. For instance, Francis v. Ibitoye (1976) is the definitive authority for the maxim “quicquid plantatur solo solo cedit “whatever is affixed to the soil belongs to the soil” confirming that buildings and permanent fixtures are part of the land itself. As previously discussed, Ajose-Fambaiye v. Ganiyu remains the authoritative case affirming the necessity of gubernatorial consent for all forms of land alienation under the LUA. Idundun v. Okumagba (1976) established critical evidentiary standards for proving land title ownership, while Oluwadare v. Adedeji (2004) has become a seminal authority on the application of equitable remedies in land disputes. These classic cases form the legal bedrock upon which current land law jurisprudence is built, ensuring that long-standing principles remain relevant in contemporary adjudication.

These judicial precedents correspond directly to key provisions of the Land Use Act, including Sections 1, 5, 9, 21, 22, 28, and 29, which vest land ownership in the Governor as trustee, regulate the issuance of Certificates of Occupancy, restrict alienation without consent, and govern compulsory revocation and compensation. Together, statutory law and judicial interpretation construct the fundamental legal architecture overseeing land rights and transactions in Nigeria, providing the framework within which disputes are resolved and land tenure security pursued.

Challenges in Land Administration and Dispute Resolution

Several factors exacerbate the land conflicts in Nigeria:

1. Low Land Registration Rates: Less than 10% of land is formally registered, creating vast uncertainty over ownership.
2. Protracted Judicial Processes: Courts encounter delays, backlog, and high litigation costs, deterring many landowners from seeking legal redress.
3. Overlap of Customary and Statutory Systems: Conflicting land claims arise due to the coexistence of traditional land tenure systems with statutory laws.
4. Fraud and Unauthorized Sales: The prevalence of forged titles and double sales undermines market confidence.
5. Inadequate Legal Aid and Awareness:  Many citizens lack access to qualified legal counsel or awareness of their rights.
6. Federal-State Jurisdictional Disputes: Conflicting federal and state government claims, especially over strategic lands, create additional turmoil.

These challenges culminate in a dysfunctional land administration system that fuels disputes, disenfranchises rightful owners, and impedes economic progress.

Practical Steps and Legal Safeguards

To mitigate these disputes, landowners and prospective buyers should:

1.  Verify title documents at official land registries and seek legally valid Certificates of Occupancy.
2.  Engage qualified surveyors to clarify boundaries and prevent encroachment.
3. Utilize Alternative Dispute Resolution (ADR) mechanisms like mediation and traditional arbitration to resolve conflicts amicably.
4. Employ legal practitioners to navigate gubernatorial consent requirements and ensure compliance.
5. Leverage digital registries and government anti-fraud portals designed to enhance transparency.

Prospects for Reform: Recommendations

Addressing Nigeria’s entrenched land conflicts requires multifaceted reforms:

1. Digitization of Land Registries: To promote transparency and reduce forgery.
2. Harmonization of Customary and Statutory Laws: Integrating traditional land rights into formal systems.
3. Amendments to the Land Use Act: To decentralize excessive gubernatorial control, streamline consent processes, and clarify ambiguities.
4. Legal Awareness Campaigns: Increasing public knowledge of land rights and legal procedures.
5. Specialized Land Courts or Tribunals: To expedite resolution and reduce court backlogs.
6. Stronger Enforcement Against Fraud: Implementation of anti-land grabbing laws and sanctions on fraudulent actors.
7. Adequate Compensation Laws: Reforming procedures to ensure fair recompense during compulsory acquisition.

Progress in these areas would provide citizens with secure tenure, boost investment confidence, and foster social harmony.

Conclusion

Land and property conflict legal problems in Nigeria are complex, multi-layered, and deeply rooted in legal, administrative, and social issues. The Land Use Act, while foundational, requires modernization and better implementation to fulfill its promise of land security. Judicial precedence provides guidance but cannot solely remedy systemic inefficiencies and corruption. Concerted efforts by government, the judiciary, civil society, and legal practitioners will be essential to transform land governance—establishing a reliable, inclusive, and accessible system that protects landowners’ rights and catalyzes national development.

Citations:

Books and Treatises

G O Kwanashie, Land Law in Nigeria (University Press 2015)

A O Ogundare, The Land Use Act Explained (LexisNexis 2021)

Law Journal Articles

E E Okonkwo, ‘The Land Use Act 1978: A Retrospective Analysis’ (2024) 19 Nigerian Journal of Law 123

B M Adebayo, ‘Gubernatorial Consent and Property Rights in Nigeria’ (2023) 12 African Property Law Review 88

Government and Institutional Reports

Nigerian Federal Ministry of Lands, Report on Land Administration Reforms (2025)

World Bank, Nigeria Land Governance Assessment (2024)

Legal Commentaries and Practice Guides

Olisa Agbakoba Legal, ‘Land Ownership and Title Disputes in Nigeria’ (Olisa Agbakoba Legal, 2025) https://oal.law/land-ownership-and-title-disputes-in-nigeria accessed 26 October 2025

Chambers Global Practice Guides, ‘Litigation 2025 Nigeria Trends and Developments’ (2024) https://practiceguides.chambers.com/practice-guides/litigation-2025/nigeria/trends-and-developments accessed 26 October 2025

Cases

– Olasupo v. Tugbiyele (1985) 2 NWLR (Pt. 6) 635  

– Ajose-Fambaiye v. Ganiyu (1983) 1 SC 22  

– Udo v. Akpan (1996) 8 NWLR (Pt. 470) 671  

– Magodo Landlords Association v. Lagos State Government (2025) [Unreported, Supreme Court]  

– Adamakin Investment and Works Ltd v. Lagos State Government (2025) [Pending High Court Case]  

– Nigeria Labour Congress v. Nigeria Social Insurance Trust Fund (2025) [Pending]  

– Francis v. Ibitoye (1976) 12 SC 99  

– Idundun v. Okumagba (1976) 9-10 SC 227  

– Oluwadare v. Adedeji (2004) 10 NWLR (Pt. 884) 428  

– Nkwocha v. Governor of Anambra State (1984) 1 SCNLR 634  

– Ereku v. Military Governor Mid-Western State of Nigeria and Others (1974) 10 SC 42  

– Obikoya & Sons Ltd. v. Governor of Lagos State (1997) [Unreported]  

– Osho v. Foreign Finance Corporation (1991) 4 NWLR (Pt. 184) 157  

– Nitel v. Ogunbiyi (1992) 7 NWLR (Pt. 255) 543  

– Yakubu v. Simon Obaje (2024) [Unreported, Supreme Court]

Oluwaleye Adedoyin Grace writes from the faculty of law, Ahmadu Bello University, Zaria.
Phone No: 08106289069
Email: oluwaleyeadedoyingrace2001@gmail.com