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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.

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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.

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