Harnessing Customary Land Tenure for Sustainable Land Resource Management in Rural Nigeria

Abstract

Customary land tenure is the primary form of management of rural land in Nigeria. Although other land tenure systems operate alongside it, it primarily regulates the ownership rights and the appropriation of land resources in the rural settings. This study overviewed customary land tenure and the Land Use Act 1978 (LUA). The changes the LUA introduced to its operation and the results of the intervention were discussed. The study appraised the role of customary land tenure in sustainable rural development. A doctrinal research method which made use of primary and secondary sources was used. The primary source included the domestic statutes such as the Land Tenure Law 1962, LUA, 1999 Constitution of the Federal Republic of Nigeria, etc. and case law The secondary source included textbooks, journal articles, conference proceedings and the internet. It was revealed that in most parts of Nigeria, rural lands are under the customary land tenure, regulated by customs and culture of the communities. It was suggested that the LUA adopted the operation of the customary land tenure with modifications and that the intervention on the system dislocated rural peace. However, the incidents of customary land tenure were found to be capable of ensuring sustainable development in the rural areas. While reforms were suggested, the use of customary land tenure is recommended for the reduction of poverty, hunger and violence and an increase in employment and wealth creation.

Keywords: Deemed Customary Rights, Land Tenure, Rural Conflicts, Sustainable Development