Land is vital for agriculture. It provides the resources needed for growing crops and raising livestock. The quality of the land affects how productive farming can be, which is important for ensuring that communities have enough food. Good land management practices help protect the environment and keep farming sustainable for the future.
According to the World Bank, agricultural land comprised 76.65% of Nigeria’s total land area in 2022. This includes arable land, land under permanent crops like cocoa and rubber, and permanent pasture. Yet, land ownership in Nigeria remains mainly communal, especially in rural areas.
Under this system, land belongs to families, clans, or communities and cannot be sold or individually owned. This traditional structure limits mobility, restricts who can plant cash crops, and undermines formal property rights—key barriers to agricultural growth.
Amidst this, the 1978 Land Use Act was introduced to centralise land ownership under state governments and ensure equitable access. But its implementation has introduced serious bureaucratic hurdles.
The Nigerian Land Use Act centralises land authority with governors and local governments. The main features of the Act are:
1. Government Trusteeship of Land
All land in Nigeria is vested in the governor of each state (urban land) and the local government (rural land), which is held in trust for the people. Individuals or organisations do not own land outright, but can hold a right of occupancy.
2. Governor’s Power to Allocate Land
The state governor has exclusive power to grant Certificates of Occupancy (C of O) for urban land. These certificates prove legal possession for residential, commercial, or agricultural use.
3. Local Government Control Over Rural Land
Local governments control land allocation in non-urban areas, especially for customary purposes and agriculture.
4. Requirement for Government Consent on Land Transactions
Any sale, mortgage, transfer, or lease of land requires prior consent from the Governor. This is intended to prevent unlawful land speculation, though it slows down property transactions in practice.
5. Revocation of Land Rights
The government can revoke occupancy rights for reasons of public interest, such as infrastructure development. Compensation must be paid for unexhausted improvements, not the land itself.
6. Customary Land Rights Recognition
The Act recognises customary rights of occupancy, especially in rural communities. Local governments can grant such rights to individuals or communities without formal survey plans.
7. Leasehold Tenure System
Land use under the Act is typically granted for 99 years (or less), depending on the purpose. This encourages long-term use while allowing the government to maintain oversight.
8. Restriction on Land Ownership by Foreigners
Non-Nigerians can only be granted land for a specific duration and purpose, and must obtain the Governor’s approval.
9. Land Use and Development Control
Land must be used for its allocated purpose, whether residential, agricultural, commercial, or industrial. Using land for a different purpose requires a formal change of use.
While the Act was intended to prevent land hoarding and streamline access, it has created long delays, hidden fees, and complicated approval processes in practice. These issues frustrate investors and smallholder farmers, pushing many to rely on informal and insecure arrangements.
Nonetheless, Nigeria recognises seven land tenure systems to address inequities and regulate land access, each with distinct implications. These land tenure systems are:
1. Freehold: land is purchased outright and can be used as loan collateral.
2. Inheritance: land is passed down to heirs, often without formal documentation.
3. Communal: This type of land tenure system is managed by community leaders. No individual ownership or loan security.
4. Leasehold: This means that access to land is temporary and without full rights.
5. Gift: This is a freely given land, wholly owned by the recipient.
6. Rent: This type of tenure system means that the land usage is time-bound and in exchange for payment.
7. Tenants at Government Will: Usually on a large scale, this is public land temporarily allocated for farming.
Regardless of these land tenure systems, farmers are still hit by insecurity and insurgencies. Land is not just space but security, investment potential, and generational wealth.
Yet, in Nigeria, land tenure systems often make land access unpredictable and limit agricultural productivity.
1. Fragmentation and Inheritance Laws: Because farmland is divided among heirs, there is only a creation of tiny, inefficient plots. Farmers without formal titles can’t secure loans or long-term investments in some places.
2. Limited Access for Women and Youth: Cultural norms and tenure systems marginalise women and young smallholder farmers from land ownership, discouraging potential and consequently inefficiency in the agricultural system.
3. Conflict and Disputes: Weak documentation often leads to disputes, especially as population growth increases land demand.
4. Inefficiency and Low Yields: Most farming is small-scale and subsistence-based. Without secure land, farmers hesitate to invest in irrigation, machinery, or fertilisers.
Despite several national initiatives, such as ADPs (Agricultural Development Projects), DFRRI (Directorate of Food, Roads and Rural Infrastructure), Vision 20:2020, ATA (Agricultural Transformation Agenda), and the Green Alternative, agriculture in Nigeria remains underperforming. These programmes often fail to consider the deep-rooted land tenure challenges that restrict land access and discourage investment.
For instance, as of 2014, Nigeria had 71.2 million hectares of cultivable land, but only about 37% was being used. This massive underutilisation is not due to laziness or lack of interest. It is mainly because land remains inaccessible, either legally or practically.
In many cases, insecure land tenure systems lead to:
a) Short-term thinking: Farmers avoid long-term improvements if they might lose the land.
b) Climate vulnerability: Without secure land, farmers cannot adapt or recover from floods, droughts, or shifting seasons.
c) Poverty traps: Farmers lack capital to invest in modern practices, reinforcing low income and food insecurity cycles.
Current systems deepen class, gender, and regional inequalities. Without fair land access, rural youth migrate to cities instead of growing the agricultural base, women remain economically sidelined, and local economies stagnate.
Nigeria’s land policy and tenure systems must undergo relevant reforms to ensure equity for farmers and all.
Fixing Nigeria’s land policies calls for deep institutional reform, farmer education, gender inclusion, and responsive, community-driven policymaking. Targeted and practical interventions must be adopted for smallholder farmers to thrive in productivity and sustainability.
These include:
i) Digitised Land Registries for Transparency
The government must implement and maintain digitised land registries to improve land documentation, reduce corruption, and curb land-related fraud.
A digital system enhances access to land information, speeds up ownership verification, and helps investors and farmers plan long-term, knowing their land records are secure and accessible.
ii) Affordable Certificate of Occupancy (C of O) Processes
Currently, obtaining a C of O is bureaucratic, costly, and often inaccessible to rural farmers. Making it affordable and decentralised will empower more smallholders to obtain formal land titles, strengthening their legal claim and enabling them to use land as collateral for credit.
iii) Gender-Sensitive Land Reform
Women form the backbone of small-scale agriculture in Nigeria, yet they are routinely excluded from land ownership due to cultural and legal barriers.
Governments at various levels must implement gender-sensitive reforms. These reforms should ensure women can inherit, own, and control land for their benefit, robust food security, children’s welfare, and rural development outcomes.
iv) Promote Public-Private Land Partnerships
This is another way land policy can support smallholder farmers. Encouraging partnerships between government, private investors, and local communities can unlock underutilised land for sustainable agricultural development.
Such partnerships can drive infrastructure development (like irrigation, storage, and access roads) while supporting community-led initiatives that respect local land rights.
v) Strengthen Smallholder Cooperatives
Governmental genuine and practical support for cooperatives would amplify the voices of smallholder farmers.
Land policy should actively recognise and empower farmer cooperatives to access land collectively, secure financing, negotiate input prices, and build resilience against market shocks. This collective strength also improves compliance with land use and environmental laws.
Beyond land ownership, there is a need for holistic support. Secure land tenure must be matched with access to capital, agricultural extension services, training, markets, and infrastructure.
When farmers are confident that their land rights are protected, they are more likely to invest in long-term improvements like soil restoration, irrigation, and mechanisation. This trust and investment translate to increased productivity, rural wealth, and a more resilient agricultural economy.
