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A Critical Overview of the Consent Provisions Under the Land Use Act, 1978

A CRITICAL OVERVIEW OF THE CONSENT PROVISIONS UNDER THE LAND USE ACT, 1978


ABSTRACT

The Land Use Act as a single piece of legislation which came into force on 29th. March, 1978 has generated more controversy than any piece of legislation of its kind. The sore point of this enactment is the consent requirement provided under the Act especially Sections 21 and 22 therein.

Ever since the consent requirement of the Land Use Act made its first debut in our courts for interpretation in the case of Savannah Bank V. Ajilo(1989) 1 NWLR(pt.97) 305, much juristic ink has been expended in debate for or against the usefulness of the provisions. Judges, in their duty of interpreting the provision have sung incoherent and discordant notes on the issue. Some writers too, have tried to either show support for its relevance or call for its repeal or amendment.

However, the convergent point in this contentious issue of the consent requirement is the retrogression and retardation, which the requirement, has continued to inflict on the socio-economic life and development of the country. This project work x-rayed the difficulties associated with, and incidental to the strict implementation of the consent requirement with their attendant legal, socio-economic and developmental dysfunction. Moreover it reviewed the current Amendment Bill before the National Assembly while unattended areas were highlighted, which, if not taken care of, may resonate another call in no distant future for a further amendment.


CHAPTER ONE

1.1 Introduction

… This chapter will address the background information that motivated this study, the challenges that prompted it, its aim, and its objectives as a preface to subsequent sections of the study. Additional factors include the study's significance, scope, limitations, research questions and hypotheses, and the definition of technical terms.


CHAPTER TWO

2.0 Literature Review

2.1 Introduction

The review of relevant literature is the main topic of this chapter. A literature review covers theoretical and methodological contributions to a certain issue in addition to the state of knowledge at the time of writing. It provides information about the state of the art in relation to the subject you are writing about. It examines the body of work on the chosen subject. The literature evaluation in this study comprises the …


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