BY HENRY UMORU

THE Land Tenure Matters and National Boundaries Committee has recommended the removal of the Land Use Act from the Constitution because its poor implementation has worsened land problems in the country.

It also called for the establishment of a National Land Commission through an Act of the National Assembly. According to the General A. B. Mamman-led committee, the new Constitution should give all Nigerians the right to have access to and own land irrespective of ethnic origin, class or gender as well as the right of communities to have land protected from human activities that would hinder or degrade the productivity of such land, through pollution and flooding.

It also urged protection of ecologically sensitive areas, biodiversity and maintenance of adequate tree cover to mitigate the impact of climate change.

In the report of the committee which would be discussed today by delegates, it also recommended the right of landowners to adequate compensation commensurate with current market value and social attributes of land in the event of acquisition by the government for public purpose.

Adequate compensation
Part of the recommendation was that prior to government acquiring any land from any community, there must be compensation and when the government fails to use the land for a period of 10 years, it would forfeit the land and return it to the people.

“Whenever the government intends to compulsorily acquire land for public purpose, adequate compensation and necessary resettlement must be made prior to entry of the said land by the government, provided always that if after 10 years of government entry, the land is not utilised for the said public purpose, then the acquired land reverts to the original owners and the compensation earlier paid shall be forfeited by the government,” the committee recommended.

On the failure of Land Use Act, the Committee observed: “While vesting the ownership of land in the government and making the  acquisition of land for ‘public purpose’ legally easy, the Land Use (Decree) Act has failed to make land accessible to all Nigerians. The transfer of land ownership and management has resulted in land grabbing and other unwholesome activities to the detriment of the masses.

The law is silent on the aggregate holding an individual or corporate organisation can acquire. Thus, it has made it possible for high concentration of land in the hands of people that are well connected with government.

”Imposition of a system of land administration, based on a system previously applicable to Northern Nigeria is strongly criticised by vested interests in the Southern part of Nigeria. The vesting of control of all land in the government is deeply resented by Nigerian communities.”

Recommending for the establishment of a National Land Commission through the Act of the National Assembly, the Committee said: “The National Land Commission should be composed of all the  commissioners responsible for land administration in the states,  the Minister of the Federation whose duties are relevant to the  issues of land administration, as well as representatives of  relevant stakeholders, in particular, relevant professional bodies,  traditional rulers, women and civil society organisations.

”The objectives/responsibilities of the National Land Commission should include, among others:
· To promote harmony in land administration in states of the Federation;
· To create and maintain a National Land Databank in  collaboration with the states of the Federation;
· To make recommendations on issues pertaining to land already acquired by the Federal Government and/or any land that the Federal Government may wish to acquire;

· To conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities; and

· To initiate investigations, on its own initiative or on a complaint, into present and historical injustices and recommend appropriate redress.” On Minerals and Mining Act 2007, the report read in part: “It is our recommendation that the provisions of the Nigerian Minerals and Mining Act 2007 should serve as the minimum standard for dealing with communities, land owners and land users in legislations relating to the extraction of all minerals and the setting aside of forest to serve as carbon sink.

”The Nigerian Minerals and Mining Act made provisions for the benefit of land owners and communities in Mining areas. Such  provisions include Section 3 (1 ) (c) of the Act which provides that: No mineral title granted under this Act shall authorise  reconnaissance, exploration or exploitation of mineral resources on, or in, or the  erection of beacons on or the occupation of any land- occupied by any town, village, market, burial ground  or cemetery, ancestral, sacred or archaeological site, appropriated for a railway or situated within 50 metres of a railway, or  which is the site of, or within 50 metres of, any government or public building, reservoir, dam or  public road.”