Abstract:
Land is crucial to humanity and indispensable to the economic and social
development of any nation. Land is the definer of the status of a society and
has inseparable organic relationship with sustenance, social standing, and
economic wellbeing. 'Economically, land is a primary capital asset,
particularly, in a largely agrarian and rural society, like Nigeria. The principal
law on the administration of land in Nigeria, is the Land Use Act Cap L.S, 2004
(the Act) enacted to specifically address the problem of uncontrolled
speculations in land, make land easily available to every Nigerian irrespective
of gender, unify tenure system in the country, and ensure equity and justice in
land allocation and- distribution. Against the backdrop of many cultural
practices and customs that tied the interest in land of Nigerian women to the
apron string of marriage, this paper, appraised the Act to see to what extent it
has resolved the problem of gender parity in land management in Nigeria. It.
found that the Act did not abolish native law and customs relating to land, but
rather re-enforced them, thereby introducing through the backdoor, the
discriminatory practices it sought to abolish; and that the Nigerian courts
have so far, given conflicting interpretations of what the position is; that the
impact of inequality in land-rights has reduced women's socio-economic ■
status, increased the number of women engaging in sex work, allowed for
sexual harassment and vio'ence against women; and perpetrated the culture
of women's continued dependence and subjugation to men for survival. The
paper advocates the amendment of the Act; and a judiciary that pragmatically
. interprets customary properly laws as to bring them in tandem with the
country's constitution and internationally acceptable instruments.
