An Analysis of the Difference Between Traditional Land Tenure Systems and the Land Use Act, No 6 of 1978, Nigeria

Abstract

Land tenure systems are important aspect of any society and the very soul through which societies and countries advance in civilization as they define the manner in which land is held and managed in a society. Even though traditional land tenure systems and customary land tenure systems existed before now, the promulgation of the Land Use Act introduced a new system of land ownership which repealed every other existing laws and introduced uniformity in the land ownership systems as practicable across the country. This paper examines the traditional land tenure systems applicable in Igbakwu community, Ayamelum Local Government Area, of Anambra State together with the practicable general land tenure systems of the South East Zone, Nigeria while comparing it with the Land Use Act, 1978. The major aim of the paper is to analyse the difference between traditional land tenure system and the Land Use Act, No 6 of 1978 while enumerating the salient points obtainable in both systems. Members of clans and villages were interviewed while secondary data was obtained from textbooks and journals. Recommendation includes revision of the existing laws through consultations with professionals to reach a consensus and prevent the law from veering off its original objectives. The study however highlights the need for a more probable tenure system to tackle land distribution due to increase in population.