Nigerian context and to be able to distinguish aspects of the democratization. Recent developments in intellectual property laws in nigeria. Highlevel meeting on the rule of law at the national and. Constitution of the federal republic of nigeria financial. Laws of the federation of nigeria petroleum act 1990. Beijing declaration and womens property rights in nigeria. In doing so, it looks critically into nigerias compliance with. A landowner has a right to use the natural waterway within hisher land. Olusola atilola, nigeria land administration reform in nigerian fig congress 2010 facing the challenges building the capacity sydney, australia, 1116 april 2010 316 land administration reform in nigerian. This act may be cited as the penal code northern states federal provisions act. Administrative law latest nigerian supreme court cases. Handbook on good building, design and construction in the.
It also examines the pluralistic nature of nigeria in terms of ethnicity, religion, and law, and argues that the religious. Interpretation in this act, unless the context otherwise requires northern states means the states of nigeria formerly known as northern region of nigeria. A landowner has a right to request a court order to stop nonconsented interferences with hisher enjoyment of the land. The act vests in the governor of a state, the ownership of the land in the state. As a result of the above provisions, native law relating to land law is applicable in all of nigeria and is an important source of nigerian land law. The land use act which was enacted in 1978 is one of the most far reaching and controversial legislations in nigeria.
Land rights and land conflicts in africa carried out for the danish ministry of foreign affairs and coordinated by. The principle of the rule of law arose from the proposition by professor dicey in his book titled introduction to the law of the constitution in 1885. Nature and sources of nigerian legal system nigeria became a federation in 1954 with the introduction of a federal constitution by the nigerian constitution. It is pertinent to note that one of the major declarations of the 1962 land tenure law, like its predecessor, was that all lands in north. Nigeria joined the organisation of petroleum exporting countries opec in 1971 and established the nigerian national petroleum company nnpc in 1977, a state owned and controlled company which is a major player in both the upstream and.
Using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management like i previously stated, the noun school of law study materials and courseware is free for all students studying law. Pdf the land use act and land ownership debate in nigeria. To hasten the registration of instruments in nigeria, the law established in each state of the federation a land registry with the appointment of a land registrar charged with the responsibilities of registering documents affecting land transactions and keeping same. Legal barriers impede womens access to resources1 a womans ability to own, inherit and control land and. It is a compulsory course in your degree programme. This paper sets out to examine the concept of ownership with respect to land within the confines of the provisions of the land use act and in the light of the diverse positions taken by scholars. Land law is rightly categorised under civil law since it involves a relationship between private citizens. The constitution of the federal republic of nigeria 1999 with annotations lagos. Conveyancing, as it is known, is the process by which ownership of land is transferred between a seller and a buyer.
There are essential and formal requirements for the celebration of valid customary law marriages. Examples of nuisances include pollution, noxious odors, and excessive noise. At as this time 2016, the recognized company law in nigeria is the companies and allied matters decree of 1990. Acquiring land in nigeria is tough and one of the biggest challenges stems from the activities of land grabbers, scam agents and the sheer number of professionals needed to legitimately and successfully acquire one. Noun school of law study materials and courseware using this medium, i would love to inform all students of the national open university of nigeria noun who are planning to study law, that they can now enhance their knowledge and study the noun law materials using the courseware which is freely uploaded by the management. Lesson 1 nigerian land markets and the land use law of 1978. It is a decision that is collectively settled by the company to end the existence of such company, consequently leading to the distribution of the companys assets for the benefits of the creditors and members of the company.
Bolstered by historically high gold prices, a lack of viable alternative livelihoods, and a ready if expensive supply of mercury, there has been a resurgence of asgm activities in northern nigeria in recent years. The legal profession in nigeria derives its origin from the english legal system and legal profession. Religious and customary laws in nigeria emory law emory. Religious and customary laws in nigeria abdulmumini a. Sources of nigerian lawconstitution are of various adaptations and we would attempt having a glance at those sources. Abstract this work deals with the law governing landlord and tenant relationship in nigeria. Constitution of the federal republic of nigeria wipo. This paper examines womens property rights in nigeria. Nigeria by birth, of his citizenship, if he is satisfied from the records of proceedings. Opinion nigerias absurd rule of laws the new york times. Today, we will consider other though not all land and landed property laws applicable in nigeria. Judgment when is a judgment or finding of a court said to be perverse.
Most disturbing is that, though statutory law and international laws have affirmed womens rights to land and other property, women are often denied access and ownership to property due to unfavorable customary practices. It was enacted primarily to contribute to the stabilization of. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the. In the south, ethnic customary law took prevalence. Okeke table ofcontents introduction 312 argument of the paper 312 definitions 317 i. Existence of local legislation on the same subject. Evidence statement on oath duty of the trial court to decide between two versions. Later in 1968, the companies decree took over from the 1922 company act. The indigenous land tenure and nationalization of land in nigeria. Practice and procedure statement of claim effect of relief in writ of summons not claimed in statement of claim. Stateenforced laws can be made by a single legislator or by a collective legislature, which results in initiating an act or bill, especially by the executive through decrees and regulations, or the law is established by judges through precedent, normally in common law jurisdictions. Pdf the relations between sharia and national law in nigeria have varied. Land law nigeria by national open university, nigeria file type. Introductionhistorical evolution of land law in nigeria.
Cbpr database nigeria center for international environmental law 1 federal republic of nigeria personal ownership of land in nigeria is recognized if the relevant law and custom of an area permit it. Country reports on human rights practices for 2018. Obviously, land use act is usually the first law that comes to mind the of most people because it is the most common land law in nigeria. Jan 08, 2017 native law includes the laws that were applicable in the different nigerian territories before the coming of the british.
Ada 7 of 1963, 17 of1963, 5 of l%4, 20 011964, 15 of1967, part i. The primary essence of having a limitation law is to ensure that all claims are diligently and promptly presented while the evidence in support of the claim, or the defence to a claim, isare still available and the witnesses memory isare still fresh. The nigerian constriction, for one, makes provision for environmental protection and management in sections 12, 20, 33 and 34. Nigeria and highlights key issues in 10 recent judgments on ip law in nigeria. Although the details of such requirements vary from one locality to another, the broad principles are sometimes similar. Pdf sharia and national law in nigeria researchgate. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Nothing in this act shall apply to land brought under limitation the operation of the registration of titles act. National open university of new english file advanced pdf free download nigeria.
Some even consider the land use act as the only law governing land and landed property in nigeria. Ownership and use of land in nigeria chapter one introduction meaning of land at common law generally, there are various definitions by different scholars as regards the meaning of land at common law. See riparian ownership for a more detailed discussion. The nigeria corporate affairs commission cac is responsible for regulating the company and allied matters decree of 1990. Despite the legacy of british colonisation, native law still applies in nigeria, especially in relation to land law. The use of international law in the domestic courts of ghana and nigeria 373 western states. In terms of applicable legal framework, the common analysis and guidance.
This essay discusses the religious law and customary law paradigms in the context of the nigerian legal system. The constitution and law prohibit torture and other cruel, inhuman, or degrading. The unisdr secretariat is supporting the development and distribution of tools like this handbook, as a part of its mandate for coordinating the. Apr 15, 20 the required amendments have been highlighted in the course of this write up and it is hoped that more individuals would embrace and take advantage of the provision for limited liability partnerships under the partnership law of lagos state 2009. The aim is to state the law as it stands at present, and to identify any aspects which need to be modified in order to better serve the ends of justice. Laws 23 of1953, 31 of1953, 5 of 1954, 16 of 1956, 30 of1956, 23 of1957, 6 011959, 15 of1960, 20 of 1960, 11 ofl%l, 14 of 1962. Laws of the federation of nigeria an act to provide for the exploration of petroleum from the territorial waters and the continental shelf of nigeria and to vest the ownership of, and all onshore and offshore revenue from petroleum resources derivable therefrom in the federal government and for all other matters incidental thereto.
Types of law in nigeria and their purpose information. Right of entry or bringing action to recover land or rent, limited 4. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. The native laws of the different peoples that inhabited nigeria regulated nigerian land law in this period. Administrative appeals tribunal act 1975 australia. The repugnancy and incompatibility tests and customary law in. When forfeihme is not taken by remainderman, he shall have a new right when estate comes into. Save for law reports, secondary sources of nigerian law are of persuasive authority in the law courts. Winding up of a company in nigeria is the liquidation and dissolution process of any given company in nigeria. In most parts of the north, islamic law regulated land law. Improving land sector governance in nigeria implementation of the land governance assessment framework synthesis report august 20 peter adeniyi department of geography university of lagos lagos, nigeria email.
See david oluranti, data and privacy laws in nigeria, nigerian law today, 2017. Recommended citation p ehi oshio,the indigenous land tenure and nationalization of land in nigeria, 10 b. In nigeria, there is a plural legal system where statutory, customary and. The first point to start with is that when a lawyer gets qualified to practice law in nigeria, there are no restrictions on what area of law heshe can practice in. Act likely to cause injury, but done without criminal intent and to pre vent other injury or to benefit person injured. It is a country with a current population of about 180 million people, and with different laws policies and constitutions to ensure that order is maintained. Judicial accountability and the rule of law 2010 was the first book. Public regulation of the oil and gas industry in nigeria ggu law.
Jan 31, 2014 the new antigay law shows how two legal systems stumble over each other in the name of national unity. Trust law and the administration of real property in nigeria ibrahim abdulkarim department of private law, faculty of law ahmadu bello university, zaria, nigeria email. Pdf the paper examined the administrative structure under the land use act, their relationship and efficacy in the light of the. On the other hand, the secondary sources of nigerian law are the indirect ways through which we get our law. This can include both residential and commercial land transactions. Law reports are only authoritative due to the fact that they serve as the vehicle through which judicial precedent is carried. If your computer does not have acrobat pdf reader installed. Download land law text book pdf law repository nigeria. Pdf the paper examined the practices of land administration in oyo and niger states, in the light of the land use decree of 1978. Received english law as a source of nigerian law nonso robert attoh faculty of law university of nigeria enugu state, nigeria. An act to vest all land compromised in the territory of each state except land vested in the federal government or its agencies solely in the governor of the state, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals. The indigenous land tenure and nationalization of land in. It is a practice that was hardly known to customary law.
Download this land law text book from national open university. Judicial precedent as a source of nigerian land law. There are different types of lawyers in nigeria, and the practice of law is a very big field in nigeria. Application of provisions of schedule as law of northern states. In addition, if the division of familyowned land is evident, this usually signifies an end to the. Act done pursuant to the judgment or order of court. The cases are organized thematically according to the type of intellectual property rights iprs protected under the nigerian legal system such as trademarks, s, patents, and designs.
Perspective of nigerias democratic system by yusuf o. Section 1 land use act cap l5, laws of federation of nigeria lfn 2004. That in spite of the incursion of the act in the land tenure system of nigeria, customary law still dominates and. Civil actions, court prosecutions and contracts form the basis on which the nigerian legal system is built. You are required to study it a compulsory 300 level four credit course. After independence in 1960, the government of northern nigeria enacted a new law titled land tenure law 1962. Olong adefi is a lecturer at the faculty of law, kogi state university, ayangba, kogi state, nigeria and barristers and solicitors of the supreme court of nigeria. Nationwide tenures english law, which was received into nigeria as part of the.
Two of these operated nationwide while the others followed the usual north south dichotomy characterization in nigeria. Pdf land administration in 21st century nigeria and the land. This handbook on good building design and construction in the philippines does exactly that, capturing the potential of increased resilience through good construction. Artisanal and smallscale gold mining asgm has long been practiced in nigeria and around the world. Road traffic the road traffic act ministry of justice. Understanding the land use act and how it affects you. As presented by elias 1971, later sections of the act furth.
Ali esq that form of government in which the sovereign power resides in and is exercised by the whole body of free citizens directly or indirectly through a system of representation, as distinguished from a monarchy, aristocracy, or oligarchy. In south africa, tenure reform is a component of a national land reform programme which also embraces the restitution of land, to people dispossessed by racially discriminatory laws or practices, and land. Section 33 and 34 guarantee right to land and human dignity and it is said to associate with the necessity for safe and healthy environment. Highlevel meeting on the rule of law at the national and international levels pledge registration form the federal republic of nigeria hereby pledges that. The lawyers are the main interpreters of the law to other nigerians, who do not have sufficient knowledge regarding the law to enable personal interpretation. He wrote that the administrators of a country should rule or exercise their authority in accordance with the established laws of the land, and such established laws should. Buying land in nigeria is one of the common property law transactions, which is administered by various legislations depending on the jurisdiction in nigeria. History thus, perhaps for the sake of convenience and to separate. Nigeria the colonial legacy and transitional justice. The right to privacy in nigeria privacy international. Nigeria was conducted for three months april to june.