
The Land Use Act as a single piece of legislation which came into force on 29th
March, 1978 has generated more controversy than any piece of legislation of its
kind. The sore point of this enactment is the consent requirement provided
under the Act especially Sections 21 and 22 therein.
Ever since the consent requirement of the Land Use Act made its first debut in
our courts for interpretation in the case of Savannah Bank V. Ajilo(1989) 1
NWLR(pt.97) 305, much juristic ink has been expended in debate for or against
the usefulness of the provisions. Judges, in their duty of interpreting the
provision have sung incoherent and discordant notes on the issue. Some writers
too, have tried to either show support for its relevance or call for its repeal or
amendment.
However, the convergent point in this contentious issue of the consent
requirement is the retrogression and retardation, which the requirement, has
continued to inflict on the socio-economic life and development of the country.
This project work x-rayed the difficulties associated with, and incidental to the
strict implementation of the consent requirement with their attendant legal,
socio-economic and developmental dysfunction. Moreover it reviewed the
current Amendment Bill before the National Assembly while unattended areas
were highlighted, which, if not taken care of, may resonate another call in no
distant future for a further amendment.

