Landuse and the 1999 Constitution of Nigeria

The Land Use Act is deemed to be a federal enactment and as such sets out the national policies on the utilization of and enjoyment of land. The act creates a conflict with the statements of “Fundamental Objective and Directive Principle of state Policy” set out in chapter 2 of the Constitution. In fact, its provisions are consistent with many of those principle. The federal and state governments have claimed some success in the implementation of the economic objective of providing “suitable and adequate shelter for many Nigerians” through their pubic sector housing programmes and the allocation of land on the basis of social justice and equality of status and opportunity for all Nigerians.However, while the new land policy facilitates implementation of some objective of state policy, many provisions of the Land Use Act are thought to be in violation of the “fundamental rights” provisions of the constitution. In resolving conflicts which are bound to arise between legislation to implement chapter 2 of the constitution and the fundamental rights provisions, the courts have decided generally in favour of the latter.