An Appraisal of the Constitutional and Statutory Framework for Women’s Access to Land in Nigeria

Abstract

This paper examines the legal and constitutional framework for women’s access to land in Nigeria. The study adopts the doctrinaire research method by reviewing relevant constitutional and statutory provisions and judicial decisions. The 1999 Constitution of Nigeria does not positively guarantee women’s access to land beyond the right to acquire and own immovable property anywhere in Nigeria, the right not to be expropriated of property and the right not to be discriminated against on the ground of sex, which are guaranteed to every Nigerian. There is also no ordinary law in Nigeria which specifically guarantees to women access to land. The provisions of the African Charter on Human and People’s Rights for equal access to public property and equality before the law have not been invoked to address the issue of equitable distribution of land in Nigeria. The Land Use Act of 1978 did not provide for equitable distribution or redistribution of land in favour of women or at all.  The modes of acquisition of land under the Act are in favour of men as a result of some social, political and economic factors, including the low presence of women in leadership and political positions. While the Land Use Act authorizes compulsory acquisition of land for overriding public interest, land so acquired cannot be allocated to private persons. The situation has resulted in inequitable distribution of land to the disadvantage of women. The constitutional provisions which protects land rights constitute obstacle to equitable redistribution of land in Nigeria in favour of women. Consequently affirmative redistribution of land in favour of women calls for constitutional and statutory amendments as well as enforcement of the provisions of the African Charter for equal access to public property and equality before the law.

Keywords: Women’s access to land in Nigeria, Land Use Act, Constitutional framework for women’s access to land,, equitable redistribution of land, African Charter on Human and People’s Rights and women’s access to land.

DOI: 10.7176/JLPG/121-03

Publication date:May 31^st 2022