7 Powerful Ways the Land Use Act Shapes Land Allocation for Coastal and Marine Areas in Nigeria
Introduction
Nigeria’s coastal and marine areas stretch over 850 km along the Atlantic Ocean, covering significant economic zones such as Lagos, Rivers, Bayelsa, and Akwa Ibom States. These regions are rich in biodiversity, tourism potential, oil reserves, and maritime activities. However, land allocation for coastal and marine areas remains a complex legal and administrative issue due to overlapping interests, environmental concerns, and the implications of the Land Use Act of 1978.
This article explores the legal framework guiding land allocation for coastal and marine areas, placing a spotlight on the pivotal role of the Land Use Act, its interpretation by courts, and how it intersects with environmental law, customary tenure, and administrative control.
The Legal Context of Coastal and Marine Lands
Land in Nigeria is not just a natural resource but also a symbol of wealth, power, and cultural identity. The Land Use Act was enacted to unify the country’s land tenure system and to place land under the control of the government. Section 1 of the Act vests all land in a state (excluding land held by the Federal Government) in the Governor of that state, to be held in trust for the people.
But when it comes to coastal and marine areas, the situation becomes intricate. These areas often lie at the boundary between land and water, and they are also subject to:
International law (UNCLOS)
Federal and State jurisdictional overlap
Environmental protection laws
Customary and community rights
What the Land Use Act Provides
The Land Use Act does not explicitly refer to coastal and marine lands. However, its application influences these areas profoundly, particularly through the following provisions:
Section 1: Vests land in the Governor.
Section 5: Grants the Governor the power to allocate land for residential, agricultural, commercial, and other purposes.
Section 28: Discusses revocation of land rights for overriding public interest (e.g., coastal roads, ports, oil exploration).
Although the Act does not specifically delineate how land allocation for coastal and marine areas should occur, it sets the tone for how such lands are managed, especially when inland resources interact with coastal zones.
Governance Overlap: Who Really Owns Coastal and Marine Lands?
A major challenge is the interplay between Federal, State, and Local governments, each with distinct roles:
Federal Government (via NIMASA, NIWA, and NOSDRA) governs maritime activities, oil exploration, pollution, and shipping.
State Governors control lands under the Land Use Act, including those adjacent to marine boundaries.
Local Governments can administer customary rights within their jurisdictions, often covering coastal communities.
This legal tangle creates ambiguity about who can allocate land for:
Shoreline development
Coastal tourism
Marine infrastructure like jetties and ports
Fishing settlements
Oil pipeline routes
The Economic and Environmental Stakes
The implications of land allocation for coastal and marine areas extend beyond law. These lands are valuable for:
Oil and gas exploration
Fisheries and aquaculture
Tourism and recreation
Real estate development
Shipping and transportation infrastructure
However, they are also ecologically sensitive, with mangroves, wetlands, and marine species that require protection under international conventions and national laws like:
Environmental Impact Assessment Act
National Environmental Standards and Regulations Enforcement Agency (NESREA) Act
Nigerian Coastal and Marine Policy
This makes it vital for any land allocation for coastal and marine areas to be done transparently, sustainably, and legally.
Mid-Article Case Law Examples: Legal Precedents in Coastal Land Allocation
1. FEDECO v. Onokpasa (1981) 2 NCLR 225
This case reinforced the notion that State Governors hold land in trust for citizens and may allocate it for public use. While not specific to marine lands, it sets the tone for governmental authority in land allocation, including those adjacent to water bodies.
2. Attorney-General Lagos State v. Attorney-General Federation (2003) 12 NWLR (Pt.833) 1
A vital case addressing federal vs state jurisdiction over waterways and coastal areas. The Supreme Court held that inland waterways and the lands on which they lie are under federal control, limiting states’ authority in land allocation over certain marine-related properties.
3. Shell Petroleum Dev. Co. v. Isaiah (2001) FWLR (Pt.56) 608
The court held Shell liable for environmental damage caused to coastal lands and communities. This case emphasized the legal responsibilities associated with coastal land allocation, particularly for industrial activities.
Challenges in Coastal and Marine Land Allocation Under the Land Use Act
Despite its foundational role, the Land Use Act faces criticism and practical obstacles when applied to coastal and marine land allocation, including:
Lack of clarity in the Act regarding marine or intertidal zones.
Overlapping authorities that cause conflicting allocations or illegal land grabbing.
Inadequate environmental safeguards within the Act itself.
Community exclusion in decision-making processes.
Land tenure insecurity for indigenous coastal dwellers.
Practical Recommendations for Effective Coastal Land Allocation
To ensure sustainable and legally sound land allocation for coastal and marine areas, stakeholders should consider the following:
1. Legislative Reform
Amend the Land Use Act to specifically reference coastal and marine zones, providing clarity on allocation procedures and responsible authorities.
2. Environmental Due Diligence
Mandatory Environmental Impact Assessments (EIAs) before allocating any coastal or marine land for development, per EIA Act Cap E12 LFN 2004.
3. Stakeholder Engagement
Include coastal communities, environmental groups, and private sector investors in the allocation process to prevent conflict and ensure transparency.
4. Intergovernmental Coordination
Clarify roles of federal and state authorities through inter-agency MoUs or frameworks, especially for projects spanning water and land (e.g., ports, bridges, resorts).
5. Case-Based Policy Development
Leverage case law and international best practices in drafting allocation guidelines, with special provisions for ecological zones like mangroves and lagoons.
Conclusion
The importance of land allocation for coastal and marine areas cannot be overstated, especially in a country like Nigeria where coastal resources are economic lifelines. The Land Use Act, while instrumental in managing land tenure, requires urgent reforms and interpretive guidance to effectively manage Nigeria’s rich coastal front.
Lawyers, investors, policymakers, and local communities must all recognize that the coastline is not just real estate — it is a strategic national asset. Sound legal frameworks, based on the Land Use Act and strengthened by environmental and customary law considerations, are essential to harness its full potential while preserving its integrity.
For Professional Legal Assistance
If you are navigating the legal complexities of land allocation for coastal and marine areas, contact CHAMAN Law Firm for experienced guidance, due diligence, and representation.