THE LAND USE ACT: OWNERSHIP AND USE OF LAND IN NIGERIA

9. (1987) 1 N.W.L.R. (pt.50) at 413

• SOURCES OF NIGERIAN LAND LAW

The are various sources of Nigerian Land Law, which includes the following:

1.4.1 Nigerian Customary Law:

Before the importation of received English Law into Nigeria, the various existing communities in Nigeria had their own system of Customary Law governing their affairs. The rules of customary law are subjected to test of validity, before the courts applies it, it must have passed the three tests of validity prescribed by statute. As was held in the case of Mojekwu V Mojekwu,10 such decision has been incorporated as one of the sources of Nigerian Land Law.

1.4.2 Received English Law

English Laws consist of the principle of Common Law, doctrine of Equity and statutes of general applications, English Law was received into Nigeria by Ordinance No.3 of 1863, in Attorney General V. John Holt.11 Osborn C J. affirmed the above assertion when he stated that:

              10. (1997) 7 N.W.L.R. (Pt 50) 283

11. (1910) 2 N.L.R.I (1915) A.C. 599

by ordinance No.3 of 1863. it has been enacted that all Laws and statutes which were in force within the realm of England on the first day of January, 1863 not being inconsistent with any ordinance in force in the colony or with any rule made in pursuance of any such ordinance, should be deemed and taken to be in force in the colony and should be applied in the administration of Justice so far as local circumstance would permit.12

1.4.3 Nigerian Legislations

By Nigerian Legislations, we mean the Laws made by the organs of Government whose primary duty is to make Laws for the States.13 It  includes ordinances, Decree and Statute, Act, Law, for it is a well known fact that ordinance are Laws passed by the Nigerian Central Legislature before October 1, 1954, when Federalism was introduced in Nigeria. Examples of Nigerian legislations are:

12. Ibid at p.9

13. Legislation is of two types: thus (1) primary and (2) secondary

• Ordinances: These were Laws enacted in Nigeria before Independence in 1960, most of these Laws were either abolished, repeated, reform or re-enacted upon Nigeria's Independence.

1. Acts: These are legislations passed by the National Assembly. For instance, the Evidence Act, Marriage Act, Criminal Code, Land Use Act etc.

• Laws: These are Legislations passed by the State House of Assembly example are: Land tenant Law of Akwa Ibom State, Akwa Ibom State High Courts Laws, Sales of Goods Laws of Akwa Ibom State etc

1. Statutes: These comprises all the various Acts of the parliament e.g. the ICPC Act, E.F.C.C. Act etc
2. The Constitution: This is known as the principal and supreme law of the Federation. Example the 1999 Constitution.

14. An example is the Abolition of Osu system of the South-Eastern Nigeria.

Legislation is the most important of all the Sources of Law in Nigeria. This is because legislation can discontinue the applicability of any received English law and can abolish any rule of custom.14 Also in 1959 the Western region of Nigeria by Statute abolished the application of the English Conveyance Act of 1881 and enacted in its stead the

property and conveyancing Act. (P.C.L) Of 1959.15 which has gained general application to all the western region.16 The most commendable of the Legislation in relation to Land Use is the Land Use Act 1978 which has removed Land holding from the shackles of diverse customary Laws into one unified Law and has become the main source of Land rights in Nigeria.

1.4.4 Judicial Precedent