In the Niger Delta region, the traditional land holding system have been thwarted by the land use act as the interest of a majority of the people have been hijacked by a few powerful individual who now control land and land resources in collaboration with multinational companies. In most part of southern Nigeria, particularly the Niger Delta region, the administration of Landwas carried out under the customary tenure.
At this point of time Nigeria was under military dictatorship.Following are a couple of the drawbacks of the Act:
1)Power of Governor to revoke rights of occupancy.
The main fault of the Land Use Act of 1978 was that it transferred title and ownership of land from individuals and communities to the governors who hold the land in trust but many of whom have been known to have abused the power and privileges conferred on them by the Act. It also made acquisition of land by individuals and corporate bodies for commercial and economic development purposes extremely difficult.
Despite all the cries and agitations for review of the Act, the federal government obstinately refused to embark upon such review exercise. To further worsen the situation, the federal government placed the Act under the 1999 Constitution thus making it extra difficult to review and amend it because any such review and amendment will have to go through the same process as stipulated for the review and amendment of the Constitution itself.
2)Power of Governor to grant rights of occupancy free of rent or at reduced rent.
This greatly increased the chances of lobbying with the government and obtaining land for free.The corporates couls lease land at cheap rate and give them away for rent or build huge plants and profit billions a share of which would not be obtained by the society.
Land Tenure System In Nigeria
The different land Tenure systems practiced in Nigeria have some basic common features which