An Assessment of Constitutional Law and Its Effect on Land Tenure Systems: A Case Study of Gusau Local Government Area, Zamfara State
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- Table of Content: Available
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Background of the Study
Land tenure refers to the legal and institutional framework that defines land ownership, use, and transfer. Constitutional law plays a crucial role in shaping land tenure systems, ensuring that land rights, access, and usage regulations are clearly defined and enforced (Ibrahim & Oladimeji, 2024). In Nigeria, land administration is primarily governed by the Land Use Act of 1978, which vests control of land in the state government while recognizing customary and statutory rights (Okonkwo & Aliyu, 2023). However, the Act has been criticized for creating bureaucratic hurdles, limiting individual land ownership, and contributing to land disputes (Bello & Hassan, 2024).
In Gusau Local Government Area, Zamfara State, issues such as land conflicts, unclear land ownership rights, and ineffective land administration persist due to weak enforcement of constitutional and statutory provisions (Mustapha & Usman, 2023). The increasing demand for land due to urbanization, agriculture, and economic activities has further highlighted inefficiencies in land tenure governance. This study assesses the impact of constitutional law on land tenure systems in Gusau LGA, identifying key challenges and recommending legal reforms for improved land governance.
1.2 Statement of the Problem
Despite the existence of constitutional and statutory frameworks governing land tenure, land ownership conflicts, tenure insecurity, and bureaucratic inefficiencies remain prevalent in many parts of Nigeria, including Gusau LGA (Adebayo & Mohammed, 2024). Weak enforcement of constitutional provisions leads to inequitable land distribution, unlawful evictions, and land disputes between individuals, communities, and government agencies (Olawale & Yusuf, 2023). Additionally, the over-centralization of land control in state governments has made land transactions complex and inaccessible for local residents. This study examines how constitutional law affects land tenure systems and proposes reforms to ensure equitable land management.
1.3 Objectives of the Study
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To evaluate the role of constitutional law in shaping land tenure systems in Gusau LGA.
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To examine the challenges affecting land administration in the study area.
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To propose legal and policy reforms for improving land tenure security.
1.4 Research Questions
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How does constitutional law influence land tenure systems in Gusau LGA?
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What are the major challenges in land tenure governance in the study area?
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What legal and institutional reforms can improve land administration and security?
1.5 Research Hypotheses
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H₀: Constitutional law does not significantly impact land tenure systems in Gusau LGA.
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H₁: Weak enforcement of land tenure laws contributes to land disputes and insecurity.
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H₂: Strengthening constitutional provisions for land governance enhances tenure security and equitable access.
1.6 Significance of the Study
This study is important for policymakers, land administrators, and legal practitioners, as it provides insights into the legal and governance challenges in land tenure systems. The findings will help in proposing constitutional amendments and policy reforms to ensure effective land administration, reduced conflicts, and improved access to land for economic and developmental purposes. Additionally, the study contributes to the debate on reforming Nigeria’s land tenure laws to align with contemporary realities.
1.7 Scope and Limitations of the Study
The study is limited to Gusau LGA, Zamfara State, focusing on constitutional provisions and land tenure governance. Challenges may include limited access to official land records and legal documents.
1.8 Operational Definition of Terms
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Land Tenure System: The legal framework governing land ownership, usage, and transfer.
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Land Use Act: The Nigerian law that regulates land ownership and administration.
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Tenure Security: The assurance that land rights are legally recognized and protected from disputes.
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