Resolving the Problem of Land Ownership in Nigeria

This article argues that the application of customary law, which generally applies to members of indigenous tribes, alongside statutory law, which is modelled on English common law, creates tension between both legal systems in relation to the ownership of land in Nigeria. The article identifies legal pluralism as the main cause of this tension. It employs the use of the Volksgeist theory, a theory which considers a nation as a community of people linked together by historical, geographical and cultural ties, to explain the underpinnings of customary law and examines the legal framework on land ownership under customary law and under the Land Use Act 1978. It concludes that the existence of two legal systems on land ownership in Nigeria is unworkable and proffers ways of resolving the problem.