Nigerian land law has five main sources which are the Nigerian Constitution, the Customary Law, Received English Law, Judicial Precedent and The Land Use Act 1978.
THE NIGERIAN CONSTITUTION OF 1999:
S44 of the CFRN of 1999(as amended) provides that every person is entitled to hold properties in any part of Nigeria and that no such property shall be compulsorily acquired without the payment of compensation. See S44(1,2 and 3)
THE CUSTOMARY LAND TENURE SYSTEM:
Each community has its own native law and customs that govern the acquisition of property therein. Under this system, lands are generally owned by the community for and on behalf of members of that community, and any member of that community is only entitled to such land as allocated to him by the community head.
THE RECEIVED ENGLISH LAW:
This includes the Statute Of General Application(SOGA)that were in force in England by 1900. Important examples of these laws are the Conveyancing And Real Property Act Of 1882; Settled Land Act 1881; Fines And Recoveries Act; 1888. However the influence and importance of this law is dwindling because we now have our local legislation. Thus, if a Nigerian law is contrary to the English law, the Nigerian law will prevail.
JUDICIAL PRECEDENT OR CASE LAW:
Where there are conflicts on the same subject matter, local decisions will prevail over foreign decisions and the decisions of foreign courts will only be of persuasive authority.
THE LAND USE ACT OF 1978:
The Land Use Act was enacted by the military government and today it is one of the most important legislation affecting land in Nigeria. Check Section 1(1) of the act. S5 and 6 of the land use act,1978 entitle the governor of a state to a grant of a right of occupancy.