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VOL. 12, ISSUE 1 (2026)
A legal analysis of the distinction between statutory right of occupancy and customary right of occupancy in Nigeria
Authors
Dr. Y S Uthman
Abstract
This article provides a comprehensive legal analysis of the dual land
tenure system operating in Nigeria, focusing on the critical distinctions
between statutory rights of occupancy and customary rights of occupancy as
established under the Land Use Act 1978. The research examines the historical
evolution of land tenure in Nigeria, the revolutionary impact of the Land Use
Act, and the operational framework governing both categories of occupancy
rights. Through detailed examination of judicial precedents, statutory
provisions, and practical applications, this study reveals the fundamental
differences in the creation, administration, transfer, and enforcement of these
rights. The article analyzes key case law demonstrating how Nigerian courts
have interpreted and applied these distinctions, while also exploring the
socio-legal implications of maintaining this bifurcated system. Particular
attention is given to the different regulatory frameworks, consent
requirements, compensation mechanisms, and dispute resolution procedures
applicable to each category. The analysis concludes that while both rights
emanate from the same legislative source, their operational differences reflect
Nigeria’s attempt to balance traditional land holding customs with modern
administrative efficiency, though this balance remains imperfect and continues
to generate legal complexities.
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Pages:164-167
How to cite this article:
Dr. Y S Uthman "A legal analysis of the distinction between statutory right of occupancy and customary right of occupancy in Nigeria". International Journal of Law, Vol 12, Issue 1, 2026, Pages 164-167
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