AN APPRAISAL OF THE LAND USE ACT, 1978 AND THE CUSTOMARY SYSTEM OF TENURE IN IKA SOUTH LOCAL GOVERNMENT AREA OF DELTA STATE, NIGERIA

Before the introduction of the Land Use Act, 1978, Land tenure system in Ika
South Local Government Area involved in a situation where land was owned,
governed and administered by the community, village or family but never
owned by an individual. However The Land Use Act, 1978 came up with
different rules vesting the ownership of land in the urban areas to the
Governor and the non-urban areas to the chairman of the local government
council. How can this new development be reconciled with the notion by the
communities that land cannot be owned by an individual? What then happens
to the existing rights in land after the promulgation of the Act? This work seeks
to examine the constraints, if any, of The Land Use Act, 1978 as it affects
customary land tenure. It concludes by recommending interalia that the Act
should be reviewed taking into consideration the culture and values of the
people.