Leasehold Transactions under Property and Real Estate Laws of Nigeria: Implications for National Development

The Land Use Act, 1978 and the administration of leasehold transactions, in Nigeria, have far-reaching implications for national development. Thus, this paper examined the Act, and some other legislations and observed, among other things, that the Act established a single land tenure for the entire country. The researcher adopted the doctrinal research methodology and a comparative analysis of the positions of the Law in South Africa, the Gambia, and Nigeria. It identified daunting challenges that are inherent in the provisions of the Land Use Act of Nigeria, which included: the requirement of the Governor’s consent; registration gap; forfeiture and relief for non-compliance and conflict with customary Law; and found that the challenges are exacerbated by the centralized single land tenure of the Land Use Act of Nigeria. Consequently, the paper advocated for the adoption of a dual land tenure system, besides other reforms, and the repeal of the Land Use Act, 1978, of Nigeria. Keywords: Lease, Leasehold, Land Use Act, Property, Real Estate Law, National Development, Nigeria.