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THE EFFECT
OF LAND USE ACT ON SUSTAINABLE HOUSING DEVELOPMENT IN NIGERIA
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND TO THE STUDY
Land use
regulations and controls are used to restrict the rights of private land
holders in the use of land. The regulations are used to protect public interest
in the use of private land. The regulations stem from the need to provide
public amenities, to increase the efficiency of land-use, to limit urban sprawl
and unnecessary encroachment on agricultural land, and to achieve economies of
scale and least-cost production of public services (Courtney, 1983). The regulations are also used to ensure the
availability of land to all groups, and to ensure that the benefits of
development go to the community as a whole.
Today, if you buy land in Nigeria and you do
not have the Certificate of Occupancy (C of O) from the government, it is not
yours, all you have is a lease, that is, you never have a freehold. You cannot
even have access to any loan or do anything tangible if you do not have fund of
your own, not even the National Housing Fund which was set up by the government
to render such assistance. Yet the Certificate of Occupancy is even more
difficult than getting the land itself. All efforts by some State Governments
especially the Lagos State government to ease the procedure and collection have
been described as mere gimmicks. We have heard series of cases where Governors
wield their powers to revoke legally acquired rights of occupancy in the
interest of the public, whereas it was obvious that they were done on political
reasons especially against oppositions. The former President of the federation
who was the author of the Act when it was promulgated during his first military
administration had to reassure Nigerians on 26th of September 2001 in Abuja
that “no government owns land” and that “land belongs to the people”. This
statement was made when he was condemning the excesses of the Governors. As
stated above, since it is a known philosophy that laws are made by men for men
and are operated, implemented and enforced by human beings through various
legal institutions, our concern is how the Act has affected sustainable housing
development schemes in Nigeria.
Several
controversies that were created by the Act have been well documented in
different reactions and
write-ups
(Mabogunje (2007; 2011) and Aluko (2007; 2009; 2010) dealt excessively on the
gory state of affairs about the housing situations in Nigeria in general and
how it could be sustained. In this research study, we try to examine the
effects that the Land Use Act has had on sustainable housing provision in
Nigeria. Since one of the major areas of the Act is to control future uses and
open new land for the needs of Nigeria’s growing population especially in urban
areas, yet there is still the outcry of the people to affordable housing
provision. In Lagos State for example, the municipalities (local governments)
have no say in the issue of Certificate of Occupancy as all lands in the State
has been declared urban and are all under the control of the governor. Whereas
in the commencement of the Land Use Act 1978 No. 6 on 29th March, 1978, it was
stated that “whereas it is in the public interest that the rights of all
Nigerians to the land of Nigeria be asserted and preserved by law”. And that
all lands comprised in the territory of each State in the Federation are hereby
vested in the Governor of the Stat. The Act also provides that “all land in
urban areas shall be under the control and management of the Governor of each
State”.
1.2 STATEMENT OF THE PROBLEM
The concern
of the researcher in this study is not really another criticism of the Act but
an in-depth evaluation of how it has achieved its aim in the mass provision of
housing to the people. However the hope of the Nigerian masses lies in the Act
with the current wave of high cost of acquisition of land. It should be noted
that one of the cogent reasons why the Act came into existence was because of
the nature of trusteeship of land in the past. It was difficult for anyone to
get access to land. It is important for the researcher to examine if the Act
has made it easy for Nigerians to get land for housing development. Ownership
of a house starts from the acquisition of a piece of land. That is to say the
intending house owner must first of all have access to land. In urban areas
access to land is not quite easy and that is why one of the objectives of the
Land Use Act is to ensure that land is made available promptly to all those who
need it in the interest of the economy. Having regards to the fact that housing
is one of the best indicators of a person’s standard of living and of his place
in the society, it also serves as a place in which man seeks shelter, comfort,
security and dignity among other things, it is important to examine the effect
of Land use Act of sustainable housing development in Nigeria.
1.3 OBJECTIVES OF THE STUDY
The
following are the objectives of this study:
1. To examine the effect of land use acts on
sustainable housing development in Nigeria.
2. To investigate the influence of land use act
on ease of land access by Nigerians.
3. To identify the factors limiting sustainable
housing development in Nigeria.
1.4 RESEARCH QUESTIONS
1. What is the effect of land use acts on
sustainable housing development in Nigeria?
2. What is the influence of land use act on ease
of land access by Nigerians?
3. What are the factors limiting sustainable
housing development in Nigeria?
1.5 HYPOTHESIS
HO: Land use
act has no significant effect on sustainable housing development in Nigeria
HA: Land use
act has significant effect on sustainable housing development in Nigeria
1.6 SIGNIFICANCE OF THE STUDY
The
following are the significance of this study:
1. Findings from this study will educate the
general public, government, students on the state of housing development in
Nigeria and also enlighten them on land use act and its impact on sustainable
housing development in Nigeria.
2. This research will also serve as a resource
base to other scholars and researchers interested in carrying out further
research in this field subsequently, if applied, it will go to an extent to
provide new explanation to the topic.
1.7 SCOPE/LIMITATIONS OF THE STUDY
This study
on the effect of land use act on sustainable housing development in Nigeria
will cover all the existing housing development and schemes by government and
how the land use act has affected the ownership of land for housing
development.
LIMITATION OF
STUDY
Financial
constraint- Insufficient fund tends to impede the efficiency of the researcher
in sourcing for the relevant materials, literature or information and in the
process of data collection (internet, questionnaire and interview).
Time constraint- The researcher will
simultaneously engage in this study with other academic work. This consequently
will cut down on the time devoted for the research work.
1.8 DEFINITION OF TERMS
Housing:
houses and flats considered collectively.
Land: the part
of the earth's surface that is not covered by water.
Development:
an event constituting a new stage in a changing situation.
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