CULTURAL AND LEGAL CHALLENGES OF LAND ACQUISITION FOR HOUSING

DEVELOPMENT
IN CALABAR METROPOLIS

RESEARCH WORK

WRITTEN BY

AKARAKA, MODESTY-BLAISE SIMA

17/URP/013

SUBMITTED TO

BARR. ABANG LINUS (SUPERVISOR)

THE DEPARTMENT OF URBAN AND REGIONAL PLANNING

FACULTY OF ENVIRONMENTAL SCIENCES
UNIVERSITY OF CROSS RIVER STATE (UNICROSS), CALABAR

IN PARTIAL FULFILMENT FOR THE AWARD OF THE

BACHELOR OF TECHNOLOGY (B. TECH) IN URBAN AND REGIONAL PLANNING

AUGUST, 2023
 CERTIFICATION

This is to certify that, this research work “The Cultural and legal challenges of land acquisition
for housing development in Calabar metropolis” was carried out by Akaraka, Modesty-Baise
Sima, with Registration Number: 17/URP/013, of the Department of Urban and regional planning,
University of Cross River State (UNICROSS), under the supervision of Barr. Linus Abang.

_________________________ __________________
Akaraka Modesty-Blaise Sima Date
(Researcher)

_________________________ __________________
Barr. Linus Abang Date
(Project Supervisor)

_________________________ __________________
Tpl. S.I. Bassey Date
(Head of Department)

ii
 TABLE OF CONTENT

Title page
Certification - - - - - - - - - - i
Dedication - - - - - - - - - - - ii
Acknowledgement - - - - - - - - - - iii
Table of Contents - - - - - - - - - - iv
Abstract - - - - - - - - - - - v

CHAPTER ONE: INTRODUCTION

1.0 Introduction - - - - - - - - - - 1
1.1 Background to the study - - - - - - - - 2
1.2 Statement of the problem - - - - - - - - 3
1.3 Aims and Objectives of the study - - - - - - - 4
1.4 Study Area - - - - - - - - - - 5
1.5 Research hypothesis - - - - - - - - - 5
1.6 Significance of the study - - - - - - - - 5
1.7 Scope of the study - - - - - - - - - 6
1.8 Limitation of the study - - - - - - - - 6

CHAPTER TWO: CONCEPTUAL FRAMEWORK AND LITERATURE REVIEW

2.1 Conceptual Framework - - - - - - - - 9
2.1.1 Concept of Land Acquisition - - - - - - - - 9
2.1.2 Concept of Housing Development - - - - - - - 10
2.1.3 Land acquisition system in Nigeria - - - - - - - 10
2.1.4 Land Tenure system - - - - - - - - - 11
2.1.5 The Land Use Act - - - - - - - - - 12
2.1.6 Land Use Act (Cap 202 of 1990) and Implication on Housing Development - 13
2.1.7 Process of Compulsory Land Acquisition in Nigeria - - - - 14
2.1.8 Cultural challenges of land acquisition for housing development - - - 14
2.1.9 Legal challenges of land acquisition for housing development - - - 15
2.2 Empirical Review - - - - - - - - - 16
2.3 Theoretical Framework - - - - - - - - 17
2.3.1 Three Pillars Model (TPM) - - - - - - - - 18
2.3.2 The Egg of Sustainability Model - - - - - - - 18

CHAPTER THREE: RESEARCH METHODOLOGY

3.1 Research Design - - - - - - - - - 20
3.2 Types and Sources of data - - - - - - - - 20
3.2.1 Types of data - - - - - - - - - 20
3.2.2 Sources of Data - - - - - - - - - 20
3.3 Population and sample size - - - - - - - - 21
3.4 Methods of Data Collection - - - - - - - - 21
3.5 Sampling Technique - - - - - - - - - 21
3.6 Statistical method - - - - - - - - - 21

References
iii
 Chapter One
1.0 Introduction
Globally, Urban areas are seen as the hub of economic, social, industrial and political
activities. They are the seat of administration. Most often, the residents have access to improved
lifestyle which is not common to the rural and sub urban areas, this makes the scramble for Urban
lands more attractive. This ranges from the central Business District (CBD) to the periphery of the
cities and towns Across the world, it is the pivot to increased population in the cities. The juicy
urban areas present itself as the place for greater economic opportunities and avenue for attracting
continual rural-urban migration as a consequence, the need for expansion in the provision of goods
and services to the general public becomes a necessary. Therefore, space is required to salvage
these circumstances. thus, acquisition of land for housing development within the Metropolis, the
process of acquiring land could be legal or cultural for housing project. In some instances, it
involves compulsory acquisition private lands or estates and other interests in the land for
private/public purposes (Umeh, 2007; Ndjovu, 2010).
The challenge of land acquisition concerns itself with slow and highly controlled
urbanization from the colonial era and later the federal Government of Nigeria. Earlier colonial
structured urban areas were considered to be only for non-natives and those formally employed
(Kironde, 1992). But in the 1960, independent movement and the development of the African
public sector, saw rural urban migration with annual growth rate of 5-7%, implying a double
population every ten to fifteen years (UN Habitat, 1996). In Nigeria, the various cities grew, people
migrated from the rural areas to urban areas for work, administration, education and social services.
The promulgation of the 1978 Land Use Act was to make land available to all Nigerian. The land
use act vested all the land in each state of the federation on the Governor of the state to hold in trust
for the benefits of all Nigerians. that is, the government was empowered by the act to acquire land
for development purposes. By this provision, the state governor replaces the individual, family
heads, community heads or other traditional rulers as the trustee of the land.
According to (Udo, 1990), government acquired land in the interest of the public at will
without justifiable reasons. The customary practices or land tenure system was not favorable to the
government’s development pursuits, hence, land acquisition by the government frustrated the
customary practices (Uchendu, 2019). The promulgation of the Land Use Act was a step aimed at
making Land available for development purposes and to cut down the cost the government,
corporate organization, individuals may be paid compensation in the event of compulsory
acquisition of Land by the government from land owners (Ilesanmi, 2018).
In Calabar, the outcome does not differ from other parts of the country. In Nigeria, land is
acquired through various processes for housing development. This include cultural and legal
1
process explorable for the purpose of landed property in housing projects. The Land Use Act
remains the main policy instrument that prescribes the procedures for the execution of compulsory
purchase and compensation as well as provide a framework for the resolution/settlement of dispute
arising from the exercise (see 28, 29, 31-33), It is backed up by the constitution of the Federal
Republic of Nigeria (1999), under sections 43 and 44. Therefore, having this legal status, the
expectation is that the execution of the compulsory land acquisition and compensation (CLA & C)
processes should be transparent in order to ensure credibility of the exercise. However, it is often
not the case as the defective manner the exercise is undertaken in most cases in Nigeria tends to
undermine the objectives which it seeks to achieve.
Hence, land is a scarce resource of great consequence to man. Every nation in the world is
defined in the first instance by its political boundaries and control. its claim of geographical areas
and landed resources. A schedule of amount of money payable for the various parcels of land in
terms of location and choice is customarily identified as factors that determine the prices of land.
The importance man places on time, fixity of land as a factor of production and the degree to which
man is willing to work will all depend on a number of variables.
1.1 Background to the study
Land acquisition is broadly defined to include not only the purchase or ownership rights but
also the acquisition of user’s rights. For instance, lease or concession which may be short- or long-
term. purchase or the power of eminent domain and other forms of land acquisition.
Land is a veritable ingredient of development and urbanization in the building sector of any
economy. Nigeria has a total landmass of 924,768sq.km with a total population of approximately
198 million people with an annual growth rate of 2.8%. Nigeria comprises of over 250 ethnic
groups located within the 36 states and the Federal Capital Territory. Land is an asset and a factor
of production for households in Nigeria. However, the level of access and title ownership is
determined by the State. Therefore, the land system is characterized by government, community
leaders, families, middle men and estate agent among others. All the activities of the different
actors are regulated by the government through policies and programs.
The Nigerian land system has evolved over the years as classified into precolonial, colonial
and post-colonial periods in Nigeria.
In the precolonial era land ownership structure, precede the colonial era. land was solely
owned by families and communities. The legal estate or authority existed as the communities and
families had absolute interest, while constituents had derivative interests.
The post-colonial ownership structure differed from the pre-colonial structure based on the
evolving nature of Nigeria. The change came with the enactment of two key legislations namely:
The Land Tenure Law of Northern Nigeria of 1962 and the Land Use Act of 1978. The Land Tenure
2
Law of the Northern Nigeria vested power on the minister who authorizes the use of land while the
Land Use Act of 1978, vested the power on the land to the State governor. Nigeria trail other
African countries in the registration of land indices. Nigeria ranks 179 th in registration of land
compared to other African countries (World bank, 2021).
During the colonial rule, the ownership of land for any purpose, particularly structural
development was regulated by the colonial authorities. The legislations included Treaty of Cession
(1861), Land Proclamation Ordinance (1900), Land and Native Rights Act (1916), Public Land
Acquisition (1917), the State Land Acts (1918) and Town and Country Planning Acts (1947). The
colonial administration took property right away from the management of the community leaders.
The Land proclamation ordinance of 1900 replaced the native law and customs by stating that title
to land can only be acquired through the high commissioner.
In most developing countries, problems over land use are regulated by the government in
order to meet the needs of their citizens through various land laws. In some cases, conflicts arise in
interpretation of provisions. The introduction of free hold in the Southern states example Cross
River State and the subsequent economic development plans affected various interest or rights in
land especially in urban areas. Land became great economic venture and speculators made it very
difficult to acquire land for housing development.

1.2 Statement of the problem

The structure of land use and patterns in Calabar Urban area has considerable influence on
the way individuals seeks to use land for various purposes (housing development), location and
densities (low, medium and high), as value itself is a value of many meanings (Ifediora, 1993).
Urban land is considered to have value because of its potentials based on usability (Downs, 1975).
The problem of housing development in Calabar, Nigeria, revolves round two major issues,
the availability of land, the legal and cultural processes of acquiring such lands. Much of the
research and literature on the growing gap in the periods of policy formation have focused on the
pre-colonial settlement. Colonial urban policies have centered on restricting migration and African
urban life, the formal method of plot acquisition, based on legal concepts and administrative
systems introduced by colonial and post-colonial governments were meant to bring a new land
reform in Nigeria. However, they have proved unable to cope with the demands of rapid urban
development. The problems created by the Land Use Act of 1978 have outweighed its gains.
Empowering the governors by the Land Use Act of 1978 to grant rights in leasehold, while the
claim of most people in Nigeria to particular parcels of land is based on inheritance as majority of
urban residents do not participate in the formal land and housing development market. According to
Rakodi (2002), even after government has invoked its rights of eminent domain to compulsorily
3
acquire and pay compensation for land for public purpose, the exclusion by the Land Use Act of the
right of families or individual to develop private layouts have led to the emergence of informal
expansion within the formal system of planning. As a result, a large number of informal land
transactions are endorsed by the traditional institution observing their various cultural processes.
Evidence is emerging that the powers of the state government through the inception of the Land
Use Act of 1978 over two decades ago has created series of problem for land management (Smith,
2003). In most cases, the state government in her approach failed to establish and implement the
Land Use and Allocation Committee captured in section 2(2) of the Land Use Act in their states for
years.
Over the years, the attention of most state governors has been placed on urgent need to their
responsibility of granting consent for land management. Some governors using the provisions of
the Land Use Act attempt to use such provisions that require their consent for assignment as a
means of raising funds for their states thereby imposing heavy charges for granting such consent
which over the years have obstructed the development of efficient land market, hampered the
steady and continuous acquisition of land for building development purposes (Mabogunje, 2002).
Base on this literature, the research seeks to review the process and avenues for acquiring land
legally and culturally for housing development within Calabar metropolis.

1.3 Aims and Objectives of the study

The aims and objectives of this research is to analyze the legal and cultural challenges of
land acquisition for housing development within Calabar metropolis. The specific objectives are as
follows:
i. To evaluate the processes of land acquisition
ii. To examine the legal aspect of acquiring land ownership for housing development
iii. To examine the cultural processes of land acquisition in Calabar
iv. To evaluate the effect of the Land Use Act of 1978 to individual owners of land, amid
families and communities’ rights and privileges to own houses
v. To explore how the factors can help to improve ownership of land acquisition for housing
development in calabar

1.4 Study Area

Calabar is the capital of cross river state in Nigeria, it’s the home of the Efik, Efut and the
Quas. The city was originally named Akwa Akpa in the Efik language, the city is adjacent the great
4
Kwa river and Creeks of the cross river. Calabar is described as the tourism capital of Nigeria. The
city is administratively divided into Calabar municipal and Calabar South local government areas.
The geographical position of Calabar is latitude 4 058’ North, longitude 8017’East. The city lies on a
peninsula between Calabar river and the great kwa river, 35 miles up Calabar river. Its growth to
the south is limited by the mangrove swamps. Calabar is an inter fluvial settlement built on a high
land between two adjacent river valleys. The highest points surrounding the city are 180-200 feet
above sea level. The relief is gentle, but at some parts, the terrain falls steeply towards the Calabar
river, with the Cross River, making Calabar cut off from other parts of Nigeria. As a state capital,
the primary function of Calabar is the administrative and cultural Centre. Calabar is a tourist
destination for Nigerians. Calabar metropolis play host to both federal and state institutions such as;
the Margaret Ekpo International Airport which lies North east of the city, hosting the University of
Calabar and University of Cross River State at strategic locations, and also housing the U. J.
Esuene stadium (sports complex) at the heart of the city, boasting of the mega watt market, and also
the Central Bank of Nigeria which lies close to the marina resort center.

1.5 Research hypothesis

In this study, the following research hypothesis shall apply to support the study.

H0: Poor housing development in calabar is affected by cultural and legal challenges.
H1: There are cultural and legal processes in the acquisition of land for housing development
within Calabar metropolis.

1.6 Significance of the study

The study will serve as a source of materials for researchers and academicians who will
carry out a study related to this topic as a basis for further research, the significance of the study of
cultural and Legal processes in the acquisition of landed properties within Calabar metropolis for
housing development cannot be overemphasized. The study proposes to explain the challenges
which will be encountered in embarking on housing development within the metropolis of Calabar
taking into account the fact that, Calabar metropolis comprises of different ethnic groups with
different traditional beliefs and rites, The Efiks, the Quas, the Efuts. their mode of land transaction
differs from each other based on their belief system. This study therefore will illuminate the legal
and cultural processes on the acquisition of landed properties within Calabar metropolis for
effective housing development. The study wills necessary documentation, according to the Land
Use Act and the cultural requirements of the Efiks, Efuts and the Quas.

5
1.7 Scope of the study
This research paper covers Calabar metropolis which is the administrative seat of Cross
River State. The metropolis is a convergence of two local government areas; which are Calabar
Municipality and Calabar South Local Government Areas. The study seeks to unveil the legal and
cultural challenges of land acquisition for housing development which involves various traditional
rites of the different ethnic group within Calabar metropolis. The legal components of acquiring a
landed property following the due processes.
1.8 Limitation of the study
The study is limited to Calabar metropolis. It was chosen as a study area to demonstrate the
concepts of housing development in calabar metropolis. The problem of time and finances,
combining class work and the research work which requires gathering enough materials for the
study constitute a limitation. However, notwithstanding these challenges, the research will be
credible and accomplished within the time limit for it.

6
Fig. 1.1: Map of Calabar Metropolis showing Calabar municipality and Calabar South
Fig. 1.0: Map
Source: Crossof Cross
River River State
Geographic showing Calabar
Information metropolis
Agency (CRGIA), 2023
Source: Cross River Geographic Information Agency (CRGIA), 2023

7
 CHAPTER TWO

CONCEPTUAL FRAMEWORK AND LITERATURE REVIEW

2.1 Conceptual Framework

This chapter is concerned with the review of relevant literatures and basic concepts that are

specific to the study. However, the conceptual framework for the study is presented under the

following headings.

2.1.1 Concept of Land Acquisition

Land acquisitions are broadly defined to include not only the purchase of ownership rights

but also the acquisition of user rights, for instance through leases or concessions, whether short or

long term (Deeyah and Akujuru, 2016). On the other hand, land tenure system can be defined as the

rights and institution that governs access to and use of land (FAO, 2018). Tenure system of land

involves a system of rights, duties and responsibilities concerning the use, transfer, alienation and

ownership security of land and its resources. From the ongoing, it is clear that land acquisition and

use cannot be discussed extensively without incorporating land tenure system. This chapter

therefore presents a comprehensive review of literature on the land acquisition and use in calabar

and the implications for sustainable food and livelihood security in the state. Land is a veritable

ingredient of development especially in the agricultural and tourism sector of any economy. Nigeria

which comprises over 250 ethnic groups located within the 36 states and the Federal Capital

Territory has a total land mass of 924,768 sq.km with a population of 198 million and annual

population growth rate of 2.8% (Kalulu, 2019). Irrespective of the fact that land is an asset and

factor of production for households in Nigeria, the level of access and title ownership is determined

by the state (Kombe, 2010). Therefore, the land tenure system is characterised by several actors

including government, community leaders, families, lawyers, middle men and estate agents among

8
others. All activities of the different actors are regulated by the government through policies and

programmes.

Generally, land systems thrive on clearly stated property rights. Two types of proprietary

rights have been defined in literature-absolute or nonderivative interests and derivative interests.

The absolute or nonderivative interest is a nonrestrictive access and use of land conferred on the

holder. The absolute interest on land has also been explained as inclusive of highest scope of

proprietary decisions on the use and management of land. Derivative interest derives from a larger

estates or superior estates. The derivative rights cover leaseholds, life interests, mortgage, rents and

pledges among others. The two types of property rights (absolute or nonderivative interest and

derivative interest) exist in Nigeria.

2.1.2 Concept of Housing Development

Housing development can be defined as a process through which an individual seeks to own

a house, through their own initiative in buying the land and overseeing the constructing of the

house (Sule, 2014). The construction of the house usually takes an incremental approach and is

built over long periods of time. Sometimes, individual house developers move into incomplete

houses continue the development process slowly depending on the availability of finance. The

motive for such a mode of housing ranges from the urge to own a house, on the one hand and the

underlying basic problem of inadequate housing on the other. Inadequate housing has led to high

rent charges for available housing and has been a key driving factor for the need to develop

individual housing.

Ideally, individual house development, is initiated and financed by the owner and is built by

a contractor. According to Sifuna (2016), argued that given the low level of development of the

housing markets in developing countries, it can be assumed that, the most common form of housing

provision through the formal private sector is initiated by an individual owner-occupier and

designed and built by commissioned architects and builders. In the urban areas of Iran for example,

the share of house building for personal consumption ranged between 76% and 92% of total annual
9
production in the 10-year period of 1976 to 1986 (Thomas et. al., 2017). In most cases, private land

selling companies supply the land for individual house developers where the later buys land from

large-scale landowners and subdivide it into residential plots with little consideration for future land

use impacts. This has given rise to the subdivision of land with inadequate services or items of title

registration. Though individual developers may buy land as a group, they are essentially

individuals whose

only motivating factor for joining such groups is to own land. After they acquire the land,

they individually construct their own houses with little or no further reference to the association,

group or company. As a result, accessing finance and technical assistance becomes a problem as,

proof of property ownership is nonexistent as far as potential housing financiers such as banks are

concerned.

2.1.3 Land acquisition system in Nigeria

The Nigeria land system has evolved over the years as classified into precolonial, colonial

and post-colonial periods in literature. The three periods are explained below;

a. Precolonial land ownership structure: prior to the colonial era, land was solely owned by

families and communities. The land was owned by the community and family head who

then allocate land based on the needs of the subordinates. The legal estate or authority

existed at the community or family level. Thus, the leadership of communities and families

had absolute interest, while constituentshave derivative interest.

b. Ownership structure during colonial rule: The ownership of land was regulated by the

colonial authorities before independence. The legislations included Treaty of Cession (1861),

Land Proclamation Ordinance (1900), Land and Native Rights Act (1916), Public Lands

Acquisition (1917), State Land Acts (1918) and Town and Country Planning Act (1947). The

colonial legislations were meant to take property rights out of the reach community leaders.

For instance, in 1900, the Land Proclamation Ordinance created by Lord Lugard regarded the

10
 principles of native law and custom and stipulated that the title of land can only be acquired

through the high commissioner.

c. Postcolonial ownership structure: As depicted earlier, the land ownership structure in Nigeria has

evolved over the years. Two key legislations have been enacted since independence: Land Tenure

Law of Northern Nigeria of 1962 and Land Use Act of 1978. The land tenure law of Northern

Nigeria of 1962 stipulated that the minister responsible for land matter controls, holds and allocates

land (unoccupied or occupied native lands) to natives of Northern Nigeria. This implies that non-

natives except for the approval of the minister could not land titles. The law granted the natives of

Northern Nigeria the right to own land for a limited number of years. The individual/native may

sell, mortgage or transfer the land subject to the minister’s approval. The Land Tenure Law of 1962

was repealed, and land use decree of 1978 was implemented.

consent and approval of the Governor of the state where such right of occupancy was

granted.

2.1.4 Land Tenure system

Land tenure system is a common land ownership system common throughout Africa and

this system has been traditionally adopted by many communities in order to control the occurrence

of disputes and social conflicts that usually occur as a result of land ownership and control. Land

tenure system occurs at varying levels, from individual to group, family to community tenure

ownership. However, with the advent of modernization, land tenure system became a problem issue

in the general socio-economic structure in many countries in Africa. This is so because the land

tenure system often encourages land compartmentalization fragmentation which often makes the

land to become un-wholesome and could not be useful for large commercial uses (Udoekanem,

2013).

11
 In order to overcome such shortcomings caused by the land tenure system, government

often result in forcefully acquiring such volumes of land from the tenure owners so that the land

can be used for large scale farming, housing schemes, industrialization or other developmental

purposes. Despite the effort towards the eradication of land tenure system, the system still persists

in many communities in Nigeria and this has been a cog in the wheel of development of the people

in many areas of the country. Another dimension from which tenure system could influence the use

of land for developmental purpose is when land tenure systems prevent or limit the use of land for

credit facilities, in such a situation, even if a farmer has portion of land which he could use as

collateral to obtain credit facilities, the rule of the game would deter him/her, thereby limiting the

developmental potential of the individual.

Land tenure issues are important components of housing developmental discourse. This is

because unplanned or weak regulatory undermines development as informal settlements grow

thereby stressing already inadequate urban infrastructure. Therefore, poor land management affects

security and growth as it induces, slums and suboptimal living conditions (Ibrahim, 2020). The

Nigerian land use decree of 1978 stipulates that all land belong to the government holding same in

trust for the public. This implies that the government allocates land to individuals and corporate

entities based on the objectives of interested parties.

2.1.5 The Land Use Act

Prior to the promulgation of the Land Decree in 1978 (Decree No 6 of March 1978 or cited

as the Land Use Act Cap 202 Laws of Federal Republic of Nigeria (LFN, 1990), there existed

various radical titles to land. There was the freehold, which vested ownership in perpetuity,

leasehold ownership for a term of years, Kola and Gin tenancies and the pledge. Other customary

tenure vested title to the land on families, communities and villages. Land Use Act No. 6 of 1978

was promulgated into law with effect from 29th March, 1978 as the nation’s land policy document.

Since then, it has remained so in the country till date. To all intents and purposes, the Act regulates

12
the ownership, alienation, acquisition, administration and management of land within the Federal

Republic of Nigeria. Section 1 of the Land Use Act vests all land comprised in the territory of each

state in the Federation of Nigeria in the Governor of that state and such land shall be held in trust

and administered for the use and common benefit of all Nigerians in accordance with the provisions

of the Act. Section 5(1) of the Act empowers the Governor of a state to grant statutory right of

occupancy to any person for all purposes in respect of land, whether or not in an urban area and

issue a certificate of occupancy in evidence of such right of occupancy in accordance with the

provisions of Section 9(1) of the Act. Also, Section 5(2) of the Act provides that “Upon the grant of

a statutory right of occupancy under the provisions of sub – section (1) of this section, all existing

rights to the use and occupation of the land which is the subject of the statutory right of occupancy

shall be extinguished.” Thus, the statutory right of occupancy granted by a Governor is presently

the highest right to land in Nigeria. This right of occupancy is a right which allows the holder to use

or occupy land to the exclusion of all other persons except the Governor and is granted for a

maximum holding period of 99 years, subject to the payment of ground rent fixed by the Governor

throughout the holding period. Sections 21 and 22 of the Act prohibit alienation, assignment,

mortgage, transfer of possession, sub – lease or otherwise howsoever customary or statutory rights

of occupancy in Nigeria without the consent and approval of the Governor of the state where such

right of occupancy was granted.

2.1.6 Land Use Act (Cap 202 of 1990) and Implication on Housing Development

The Objectives of the Land Use Decree of 1978 among others are to:

i. Facilitate rapid economic and social transformation of the country through a rationalization

of land use;

13
ii. Enable State Government bring about proper control and administration of land for the

benefit of their people;

iii. Curb the incidence of rising land prices arising from activities of speculators particularly in

urban areas;

iv. Remove a main cause of social and economic inequality;

v. Provide an incentive to development by providing easy access to land for the State and the

people.

The Land Use Act which was intended to facilitates availability of urban and rural land for

development, however, have had many constraints according to National Housing Policy (NHP,

2006) which are as stated below:

i. The inclusion of the Act in the Constitution makes it inflexible and difficult to effect even

minor amendments. Efforts are to be made to remove the Land Use Decree from the

Nigerian Constitution of 1999 but treated as an existing law.

ii. Vesting of all lands (except Federal Government Lands) in State Governors seriously

hampers

iii. acquisition and transfer of land;

iv. Cumbersome and costly procedures for obtaining Certificates of Occupancy; and consent to

mortgage, assign and sublease;

v. Restriction in section 34(8) of Land Use Act imposed on private developer to acquire only

half a hectare of urban land;

vi. Delay in payment of compensation for acquired land;

vii. Lack of follow-up action in promulgating supplementary legislation

for effective implementation of the Act; and

viii. The use of the Act to settle personal and political scores.

14
 Thus, the Land Use Act of 1978 which vests all land on the government has become an

obstacle to making land available for housing development (Martin, 2010).

2.1.7 Process of Compulsory Land Acquisition in Nigeria

Compulsory land acquisition and compensation (CLA&C) in Nigeria involves sequence

of activities provided by statute that are undertaken at any time the need is required. The first

procedure is the identification of suitable site for the intended project as the case maybe. In

some instances, acquisition may be for the purpose of infrastructure provision, urban renewal or

expansion. Nevertheless, for either of the intents, a reconnaissance survey and detail inspections

are conducted with meeting schedules between the property owners and the acquiring

authorities. This procedure is preceded with the service of notice which is expected to be

explicit on government’s intention or reason for the acquisition pursuant to Section 28 (4) and

(6) of the Land Use Act of 1978. The notices can be in government gazettes, published in

national dailies, pasted on buildings or trees (Umeh, 2017). The next procedure in the CLA&C

exercise is the enumeration, assessment and compensation which is an intricate procedure that

requires a good level of expertise to execute. Enumeration of assets involves identification of

properties/land which includes property rights, boundaries and ownership. Customarily, joint

tenancy and tenancy in common exist and parties involved are clearly identified and

documented for the purpose of payment of compensation. The assessment for compensation is

carried out in accordance with provision of Section 29 (4) Paragraph a, b & c of the LUA.

Submission of claims (valuation report) and payment of compensation follows as soon as the

assessment and determination of compensable amount is completed. This procedure most times

generate a lot of anxieties, it represents the commitment on the part of the government to fulfil

her share of the transaction. Nevertheless, issues of inadequacy of amount payable or

value/quality of resettlement offered and non-payment of compensation arises. At the successful

execution of the assessment and payment of compensation stage, the procedure for change of

ownership and relocation commences. Timelines are mostly specified by the government for the
15
relocation process that will yield vacant possession for the government’s intended use.

However, when there are skirmishes arising from dissatisfaction and complaints from the

dispossessed, this stage of the CLA&C exercise becomes the most delayed in the entire process.

2.1.8 Cultural challenges of land acquisition for housing development

So many livelihoods and cultural practices are directly tied to land. Lands are the basis of

the economy, and are often the foundation of spiritual and cultural identity (Kombe, 2010). The

acquisition of lands for roads, railways, harbours and airports development; construction of

hospitals and schools; urban and rural electrification; provision of water and sewage facilities;

urban expansion; establishment of national parks; mineral exploration; logging of forests and

growth of large agribusiness have the potential of affecting people’s important religious or cultural

sites and destroying networks of social relations, thereby weakening traditional communal bonds

and support. The Habitat Agenda and International Labour Organization (2012) recognized that

indigenous people are socio-culturally attached to their ancestral lands. Consequently, the

organization reiterated the rights of the indigenous peoples to their lands.

Specifically, cultural factors influencing land acquisition pattern of a collectivity include

traditional norms, beliefs and values, cultural practices, etc. There are numerous cultural practices

and sites such as shrines, grazing lands, burial grounds and other places where traditional cultural

practices take place. Since these sites have important cultural/spiritual value, it is usually difficult

for indigenous people to release such lands for other people who might need it for developmental

purposes. Religious beliefs and practices are other cultural elements that influence land acquisition

pattern on many African Societies. According to Adedipe et.al. (2008), the flexibility of the land

tenure system in the Southern part of Nigeria is affected by the religious beliefs of the local people.

16
For example, when communal tenure is associated with religious rites and traditions, it displays a

considerable lack of adaptability to rapid change (FAO, 2018). According to Hair (2016), the

advent of Christian missionaries during colonial period and the outbreak of the Nigerian civil war

(1967-1970) hastened the productive use of hitherto sacred lands and unpermitted foods, and also

relaxed gender restrictions on agricultural activities.

Cultural factors are important considerations when land is to be acquired because what

might appear as an empty land to a foreigner might, in the real sense, be an ancestral burial ground

or religious shrine of the indigenes (Evans, 2013). Another cultural factor which often influence

land acquisition process in Nigeria is inheritance. Many communal lands are usually inherited and

because of the high numbers of individuals attached to it, it is often difficult to acquire such land

massively because of individual needs might differs, and as such while someone might be willing

to keep the land for his upcoming upspring, another sibling might be willing to release his/her own

portion for commercial leasing and another person might be willing to utilize his or her own portion

for any other purpose. Such condition will consequently lead to land fragmentation which often

demean the value of the land especially if such pieces of land is needed for large scale commercial

activities.

2.1.9 Legal challenges of land acquisition for housing development

As reflected in its major provisions, the Land Use Act of 1978 was enacted to nationalize

land ownership in Nigeria as well as facilitate effective state control of the use and development of

land. However, the Act has progressively become a clog in the wheel of economic growth and

development in the country owing to the myriad of legal issues in land ownership associated with

the act (Ibagere, 2018). Currently, only an average of 23.1% of households in Nigeria own land.

Ikediashi (2014) argued that the promulgation of the Land Use Act was aimed at redirecting the
17
general philosophies of pre-existing land tenure systems in Nigeria through the application of a

uniform statutory regulation of ownership and control of land rights and to stimulate easier access

to land for greater economic development as well as promote national social cohesion. In the

reverse, a land ownership system which restricts the citizens’ right to occupy land, buy, let or sell

their land without obtaining the consent and approval of their Governors as provided in Sections 21

and 22 of Nigeria’s Land Use Act is anti-people and oppressive and cannot enhance sustainable

development in any egalitarian society. This thus constitutes a legal challenge to land acquisition

and ownership in Nigeria.

Undoubtedly, the Land Use Act has also hindered the effective functioning and operation of

the property markets in the country. By virtue of Section 1 of the Act, individuals cannot own

freehold interest in land in Nigeria. Individuals can only be granted a right of occupancy for a

maximum holding period of 99 years, subject to payment of ground rent to the government as fixed

by the Governor. This has made private land ownership in the country insecure. It has also affected

the efficiency of the property markets. To all intents and purposes, this right of occupancy is a

leasehold interest. Furthermore, the vesting of all land comprised in the territory of each state in

the Federation of Nigeria in the Governor of that state implies that the Governor holds the absolute

interest in land in each state of the Federation. By virtue of Section 1 of the Act, individuals cannot

own freehold interest in land in Nigeria. Individuals can only be granted a right of occupancy for a

maximum holding period of 99 years, subject to payment of ground rent to the government as fixed

by the Governor. This has made private land ownership in the country insecure.

Aside from overriding public interest, the Governor may revoke a right of occupancy on the

ground of a breach of any of the provisions which is contained in a certificate of occupancy; a

breach of any term contained in the certificate of occupancy or in any special contract made and a

refusal or neglect to accept payment for a certificate which was issued in evidence of a right of

occupancy but has been cancelled by the Governor. Thus, the revocation of a right of occupancy

18
shall be signified under the hand of a public officer duly authorized in that behalf by the Governor

and notice thereof shall be given to the holder.

2.2 Empirical Review

A lot of studies have been conducted to ascertain the inherent challenges existing in the

course of land acquisition for housing development. Ezenwa (2006) stated that there is no

affordable housing without land. The author argued that access to land is beyond location and

transportation but to the degree of ease to which an ordinary citizen can acquire land for private

development. The author posited that the Land Use Decree of 1978 which was promulgated to

make land available equitably for all Nigerians has succeeded in making it easier for land to be

acquired for public use while access to land for private use has become difficult.

Ndjovu (2016) in modeling the determinants of housing construction costs in Nigeria

identified land as the main component of the housing problem because it is the place where

housing construction starts, laying emphasis on the cost of acquiring land, other factors identified

were cost of building materials, cost of finance, foreign exchange rates, cost of infrastructure and

labour cost.

Nubi (2000) is of the opinion that availability and accessibility to land; cost of processing

and perfecting land titles; cost of construction and income; acute shortage of skilled personnel of

various trades in the construction industry; cost of building materials; saving; and low contribution

to the National Housing Fund are the problems confronting affordable housing.

2.3 Theoretical Framework

In order to ascertain the importance of land acquisition for housing development as well as

the cultural and legal challenges existing thereof, attempts have been made to use some relevant

theoretical models to explain the importance of land in the general developmental process of the

19
society. Two theoretical models are considered relevant namely: the Three Pillars Model (TPM)

and the Egg of Sustainability Model (ESM).

2.3.1 Three Pillars Model (TPM)

Three pillars model of sustainable development was popularized through the work of

Tatyana (2004). According to this model, sustainability is like a structure which needs three

important pillars to stand on, this means that some important pillars are necessary as a frame to

make sustainable development possible, these three pillars according to this school are: economic

pillar, social pillar and environmental pillar. The economic pillar encompasses developmental

factors that have to do with economic viability of the people which on the long run will lead to

macro-economic development in the society. Other indicators of the economic pillar are economic

growth, productivity, efficiency, economic stability and so on. On the other hand, the social pillar

includes those areas of living that has to do with socio-cultural dynamics of people’s life. This

pillar embraces factors such as full employment, equity, security, peace, education, health, popular

participation, cultural identity, harmonious relationship among the people of the world, cultural

preservation, etc. The environmental pillar includes issues such as healthy environment for human

living, rational use of renewable natural resources such as land, and conservation of non-renewable

resources.

Adapting this model to our present situation, the model could be used to justify the fact that

development is a multi-dimensional phenomenon because it cuts across various aspects of human

living vis-à-vis economic, social and environmental spheres. And that it is until the developmental

process of a society is able to maintain an equilibrium in all these sectors before it can be regarded

as being sustainable. Moreover, it could be deduced from the three-pillar model that the land which

is an important component of the physical environment is an important factor that determines the

sustainable status of development process. In other words, the relevance of this model to this

chapter is quite visible in the sense that land is an important pillar or foundation on which

sustainable development could be achieved. Narrowing the application of this model to the

20
Nigerian situation, it could be said that Nigeria as a country has not been able to witness sustainable

development because it has not been fully utilized its land resources.

2.3.2 The Egg of Sustainability Model

The Egg of Sustainability Model was built in 1994 by the International Union for the

Conservation of Nature (IUCN). The model illustrates the relationship between people and

ecosystem as one circle inside another, like the yolk of an egg. This implies that the people are

within the ecosystem, and that ultimately one is entirely dependent upon the other. In this sense,

social, economic or any form of development can only take place if the environment offers the

necessary resources viz: land, raw materials, space for production sites and so on. Making

inference from the conception of this model, it could be said that human development is entirely

depending on the eco-system in which land is part and parcel of it. In this manner, land is highly

crucial in achieving meaningful and sustainable national development in any human society

generally and Nigeria specifically. It is the belief of this model that the eco-system and human

development are super-coordinated system.

Furthermore, the Egg of Sustainability model is one model which stresses the importance of

natural resources (especially land) in the general development of any nation. Another important

inference that could be drawn from this model is that the extent at which a state or a country would

witness sustainable and meaningful socio-economic development is highly dependent on the level

on which such state or society is able to utilize its land and other natural resources. This is because,

it seems development is lying fallow in nature (the eco-system) and it is through our ability to

explore and utilize these resources that will determine the level of sustainable development

witnessed in the country. Adapting this particular idea to the Nigerian society, it could be said that

Nigeria is a country that has very great potentials to be a great nation, considering the available

natural resources lying fallow within its eco-system. But, because of its inability to utilize these

land resources effectively, the country is facing serious socio-economic problems, as millions of its

21
population is living in abject poverty, and the youth unemployment is persistently increasing. In

other words, the conception of this model is that if a country such as Nigeria wants to experience

rapid and sustainable development, it should be able to put enormous interest on how to develop its

land resources effectively.

CHAPTER THREE

RESEARCH METHODOLOGY

3.1 Research Design

The major research design that is applied in this study is the survey research design. This

design is adopted because it will not be possible for the researcher to reach every member of the

population hence, sample would be drawn from the population. This method places emphasis on a

process of arriving at the dependable solution to the problems through planned and systematic

collection, analysis and interpretation of data. The method facilitates the systematic, objective and

22
accurate search for the solution of a well-defined problem. Therefore, a sample is systematically

drawn from a population and inferences made to aid the data collection process of this study.

3.2 Types and Sources of data

3.2.1 Types of data

The types of data that are gathered for this study includes; The socio-economic

characteristics of residents of the study area which consist of sex, annual income, occupation,

education qualification, and religion.

3.2.2 Sources of Data

Required data for this study is gathered from both primary and secondary sources. Primary data
sources include the researcher's personal observations, use of questionnaire, oral interviews, as well
as participatory research.
The secondary data is sourced from published and unpublished articles, books, journals,
newspapers and magazines, national population commission, maps etc.
3.2.3 Population and sample size

Sample size determination is the act of choosing the number of observations or

replicates to include in a statistical sample. The ever-increasing need for a representative

statistical sample in empirical research has created the demand for an effective method of

determining sample size. To address the existing gap, Krejcie & Morgan (1970) came up

with a table for determining sample size for a given population for easy reference. This

table helped the researcher to determine the sample size, the researcher does not need to

make the study on each of the sample. Since the population of Calabar metropolis according to

the National Bureau of Statistics is 365, 488 persons, based on the t able for determining sample

size of a known population by Krecjie and Morgan (1970), a total of t hree hundred and

fifty-two (384) respondents shall be chosen for the study.

23
Table 1.1: Table for determining sample size of a known population

Source: Krejcie & Morgan, 1970

3.3 Methods of Data Collection

Data for this study is collected through the use of questionnaire, oral interviews, direct

observation and map of the study area.

Questionnaire: A total number of three hundred and ninety-nine (399) copies of designed

questionnaires is purposively administered to respondents in the sampled districts. The

questionnaire is structured into section A and B. Section A is geared towards information relating to

the socio-economic characteristics of respondents such as income level, educational qualification,

24
marital status, religion among others, while section B is structured to collect data on the impact of

cultural and legal processes of land acquisition on the living standards of residents of the area,

available landed property in the study area, level of participation in the purchase of

landed property, problems confronting the cultural and legal processes in the area, and the various

ways of addressing the problems.

Oral interviews: Interviews was held with residents of the study area, documents from the state

ministry of urban renewal and development were reached for data gathering.

Direct observation: Observation and surveys by the researcher were used in the data gathering

processes for this study. The researcher carried out a careful observation on the cultural and legal

processes of land acquisition within the calabar metropolis for housing development.

Maps and plans: Data were also obtained from the map of cross river State in the state surveyor

general office and that of the ministry of urban renewal and development.

3.4 Sampling Technique

The systematic sampling technique was adopted for this study. This method of sampling

was used by the researcher in order to ensure the important element in the sampled population are

not left out as well as to avoid being bias. Therefore, the researcher systematically selects the

interval of every 5th household in each street within the sampled residential districts to administer

questionnaire.

3.5 Statistical method

The Pearson Product Moment Correlation Coefficient(s) was used in testing the Hypothesis.

This is because the statistical technique is used to measure the relationship between two variables.

It is mathematically expressed as follows

r =⅟n ∑(x - ) (y - ȳ)
25
 x y

Where:

r = correlation coefficient

x = independent variable

y = dependent variable

= standard deviation

1 = unit constant

n = number of variables

The student’s test was used to validate the correlation coefficient. Thus, is given as;

Where:

tc = student t coefficient

r = correlation coefficient

n = degree of freedom.

r2 = square of correlation coefficient

REFERENCES

Alias, A., Kamaruzzaman, S.N. & Daud, M. N. (2010). Traditional Lands Acquisition and
Compensation: The Perceptions of the affected Aborigin in Malaysia. International
Journal of the Physical Sciences, 5(11), 1696-1705.

Chan, N. (2003). Land Acquisition Compensation in China: Problems and Answers.

International Real Estate Review, 6 (1), pp.136-152.

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Deeyah, C. L., & Akujuru, V. A. (2016). Assessing the Effectiveness of the Nigerian
Compulsory Acquisition practice in Road Infrastructural Provision in Rivers State.
Asian Journal of Social Science and Humanities. 5(4), pp.77-88.

Evans, A. W. (2013). Economics, Real Estate and the Supply of Land. Oxford, UK: Blackwell
Publishing Limited.

Ezenwa, N. I. (2006). Claimants’ Perception of Adequacy of Compensation in Enugu State,

Nigeria. An unpublished Master of Science (MSc) dissertation submitted to the
Department of Estate Management, Faculty of Enviromental Sciences, University of
Nigeria, Nsukka.

Food and Agriculture Organization (2018). Compulsory Acquisition of Land and

Compensation. FAO Land Tenure Studies 10. Retrieved from
http://www.fao.org/nr/iten/iten_en.htm

Funmuyiwa, F. & Omirin, F. (2011). Infrastructural Provision and Private Lands Acquisition
Grievances: Social Benefits and Private Costs. Journal of Sustainable Development, 5-
8.

Hair, J. D. (2016). Marketing Research within a Changing Environment. New York: McGraw-
Hill, pp.126

Ibagere, O. P. (2018). Compulsory Acquisition of Land and Compensation and Valuation of

Special Interests in Nigeria, Benin City: Vino Vic Ventures.

Ikediashi, D.I. (2014). Determinants of Outsourcing Decision for Facilities Management (FM)
Services Provision, Facilities, 32 (9&10), 472 - 489

Iroaganachi, N. & Gambo, Y.L. (2012). Service of Notice in Public Land Acquisition and
Tenancy in Abuja, Nigeria: A Tool for National Peace. Global Journal of Management
and Business Research. 12(21), 31-37.

Kakulu, I.I. (2007). The Assessment of Compensation in Compulsory Acquisition of Oil and
Gas Bearing Lands: The Niger Delta experience. Being paper presented at the Joint
Seminar on Compulsory Purchase and Compensation in Land Acquisition and Takings.
Organized by FIG Commission, Helsinki, Finland, September 6th to 8th.
http://tkk.fi/Yksikot/kiiteisto/FIG/pdf_files/06092007Kakulu

Kakulu, I.I., (2019). Phenomenological Research in Compulsory Land Acquisition and

Compensation. Paper presented at FIG Working week 2009, Eilat, Israel, 3-8 May 2009.

Kombe, W., (2010). Land Acquisition for Public Use: Emerging Conflicts and Their
SocioPolitical Implications. Working Papers No. 82 Series No.2. London, Crisis States
Research Centre.

Martin, G. M., (2010). Nature of Resistance and Conflicts on Compulsory Land Acquisition
Process in Tanzania: Case of Airport Project Expansion at Kipawa Area in Dar es
Salaam Tanzania, Erasmus University Rotterdam.

27
Ndjovu, C. E. (2016). Understanding Causes of Dissatisfactions among Compensated
Landowners’ In Expropriation Programs in Tanzania. International Journal of Scientific
and Technical Research. 5 (1), 160-172.

National Housing Policy (2006). Issues on Private Property Rights and Compulsory Acquisition
Process in Nigeria: The Past, present and future. Proceedings of International
Conference Organized by School of Environmental Technology, Federal University of
Technology, Akure, Nigeria. 25 – 27 October.

Sekaran, U. (2003), Research Methods for Business, 4th Ed., John Wiley & Sons, New York,
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Sifuna, N. (2016). Using Eminent Domain powers to Acquire Private Lands for Protected Area,
Wildlife Conservation: A Survey under Kenyan Law. 2/1 Law, Environment and
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Sule, A. I. (2014). Communal Land Acquisition and Valuation for Compensation in Nigeria.
International Journal of Scientific and Research Publications. 4(11), 1-7.

Thomas, O.J., Ashaolu, T.A., Onifade, F.A. & Adewusi, A.O. (2017). An Evaluation of the
Current Practice in Compensation Valuation of Environmental Resources in Nigeria.
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Udoekanem, N. B. (2013). Effect of Land Policy on Compensation for Environmental Damage

caused by Gas flare in the Niger Delta Region of Nigeria. Ethiopian Journal of
Environmental Studies and Management, 6 (2), pp.170-176.

Umeh, J.A. (2017). Land Policies in Developing Countries. Enugu: Institute for Development
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Viitanen, K. B. & Kakulu, I. G. (2008). Global Concern in Compulsory Purchase and

Compensation Processes. Paper presented at FIG working week, Stockholm, Sweden.
June 14-19, 2008.

APPENDIX
University of Cross River State (UNICROSS)
Department of Urban and Regional Planning,
Faculty of Environmental Sciences.

28
Dear Correspondent,
I kindly plead your gesture and cooperation in the process of obtaining data from with this
questionary on the topic; CULTURAL AND LEGAL CHALLENGES OF LAND ACQUISITON FOR
HOUSING DEVELOPMENT IN CALABAR METROPOLIS.
This survey is an effort to fulfil the requirements for the award of BACHELOR of TECHNOLOGY (B.
TECH) degree in urban and regional regional planning.
This is structured, however, to gathered necessary data for the completion of my research.
Thanks, in anticipation.

Your faithfully.
Researcher.

INSTRUCTIONS.
Please tick the box that is appropriate;
SECTION A: Socio-economic characteristics of respondents
1.GENDER: (a) male (b) female (c) others
2. AGE: (a) 18-24 (b) 25-35 (c) 36-45 (d) 46-55 (c)55- above
3. MARITAL STATUES (a) married (b) single (c) divorce (d) widow|widower.
4. OCCUPATION: (a) Civil servant (b) farmer (c) trader (d) Cyclist|Taxi driver (e) student (f) others

29
5. Education: (a) Primary (b) Secondary (c) Tertiary (d) Others
6. How long have you stay in calabar (a) less than 2 years (b) 3-6 years (c) 7- above (d) indigene

SECTION B. Traditional Acquisition of Land

7. Are the traditional rites followed (a) Yes (b) No (c) Non
8. Are the traditional rulers aware of land transaction (a) Yes (b) No (c) Non
9.Are the lands inherited (a) Yes (b) No (c) Non
SECTION C: Legal Acquisition of Land
10. Is they issuance of certificate of occupancy (a) Yes (b) No (c) Non
11. is they occurrence of multiple sale of land. (a) Yes (b) No (c) Non
12. Is they impersonation of sale of land. (a) Yes (b) No (c) Non
13. Is they genuine land transaction. (a) Yes (b) No (c) Non

30