Nigerian Bar Part I Nigerian Land Law (Nigeria)

Which of the following constitutes a primary source of Nigerian Land Law?

• ANigerian legislation, Received English Law, Customary Law, and Judicial Precedents
• BReceived English Law and Islamic Law only
• CThe English Land Registration Act 2002 and the Law of Property Act 1925
• DCustomary declarations of traditional rulers without statutory validation

To qualify as a Statute of General Application in Nigeria under received English law, what conditions must the British statute meet?

• AIt must have been in force in England on or before January 1, 1900, and must be applicabl…
• BIt must have been expressly enacted for the colony of Nigeria by the British Parliament b…
• CIt must be a statute regulating land registry procedures enacted in England before 1925.
• DIt must be approved by a majority of the State Governors in Nigeria under the Land Use Ac…

In the former Western Region of Nigeria, what is the status of received English Statutes of General Application concerning property transactions?

• AThey were completely repealed and replaced by the Property and Conveyancing Law (PCL) 195…
• BThey continue to apply concurrently with the Property and Conveyancing Law 1959.
• CThey take priority over local statutes in the case of any conflict.
• DThey apply only to transactions involving non-Nigerian citizens.

Which received English statute governs transactions and covenants in land in Lagos State and the Northern/Eastern States of Nigeria?

• AThe Conveyancing Act 1881
• BThe Property and Conveyancing Law 1959
• CThe Law of Property Act 1925
• DThe Real Property Act 1845

What is the position of customary land law where it conflicts with the express provisions of a local Nigerian statute?

• AThe statute prevails, and the customary law is void to the extent of the inconsistency.
• BCustomary law prevails as it represents the indigenous heritage of the people.
• CThe dispute must be referred to the traditional rulers Council for final determination.
• DThe High Court must apply the doctrine of equity to balance the two systems equally.

For Islamic customary law (Maliki School) to be applied in a land dispute in Northern Nigeria, how is it categorized by the courts?

• AAs a form of customary law which must be proved by evidence unless judicially noticed
• BAs a statutory law that automatically overrides all state land regulations
• CAs Received English Law under the Supreme Court Ordinance
• DAs an absolute code that is exempt from the Land Use Act 1978

What is the test of validity that customary land rules must pass before they can be enforced by a Nigerian court?

• AThey must not be repugnant to natural justice, equity, and good conscience, nor incompati…
• BThey must be certified by the local government chairman and the Ministry of Lands.
• CThey must have been recorded in a written code during the pre-colonial era.
• DThey must be observed by at least ninety percent of the communities in the state.

How does a party prove the existence of a specific customary land tenure rule in a Nigerian court?

• ABy calling witnesses acquainted with the custom, or by referring to books of authority an…
• BBy submitting a written declaration signed by the Governor of the State
• CBy producing a registered Deed of Customary Conveyance from the land registry
• DBy demonstrating that the land has a Certificate of Occupancy

In the context of the received doctrine of equity, what is the effect of an equitable interest in land compared to a legal interest in Nigeria?

• AAn equitable interest is weaker than a legal interest and is defeated by a bona fide purc…
• BAn equitable interest is completely void under the Land Use Act 1978.
• CAn equitable interest automatically takes priority over any registered legal interest.
• DAn equitable interest can only be created by the Federal Government.

Which Nigerian appellate court decisions constitute binding precedents on state High Courts regarding land law matters?

• ADecisions of the Supreme Court of Nigeria and the Court of Appeal of Nigeria
• BDecisions of the English Court of Appeal and House of Lords
• COnly decisions of the High Court of the same state sitting in bank
• DDecisions of the Land Use Allocation Committee of the state

Who is considered the owner of communal land under customary land law in Nigeria, and who manages it?

• AThe community as a corporate unit owns the land, and the head chief manages it in trust f…
• BThe head chief owns the land absolutely and can sell it at his discretion.
• CThe State Governor owns the communal land and manages it through local chiefs.
• DThe individual community members own the land jointly and must approve every transaction…

Under customary law, how is family land defined and created in Nigeria?

• ALand vested in a family as a corporate entity, created by intestacy, Will, or inter vivos…
• BLand acquired by an individual that is automatically shared among all relatives upon marr…
• CLand designated by the Local Government for a specific lineage
• DLand owned by the head of the family which cannot be inherited by his female children

What is the legal effect of a sale of family land by the head of the family without the consent of the principal members?

• AThe sale is voidable at the instance of the non-consenting principal members.
• BThe sale is void ab initio.
• CThe sale is valid and cannot be challenged if the purchaser paid the full market price.
• DThe sale is voidable only at the instance of the family head's children.

What is the legal effect of a sale of family land by the principal members of the family without the consent or participation of the head of the family?

• AThe sale is void ab initio.
• BThe sale is voidable at the option of the family head.
• CThe sale is valid if a majority of the principal members signed the deed.
• DThe sale is valid but the family head can demand an accounting of the proceeds.

Which of the following describes the nature of an individual family member's interest in family land in Nigeria?

• AThe member has a right of user and occupation, but cannot alienate or partition the land…
• BThe member owns a registrable fractional share of the land which he can sell without fami…
• CThe member has no rights on the land until the death of the family head.
• DThe member's interest is equivalent to a statutory right of occupancy under the Land Use…

What is the legal effect of partitioning family land among the principal members of the family?

• AIt terminates family ownership and vests individual ownership in each allottee.
• BIt temporarily assigns possession while preserving joint family ownership of the title.
• CIt converts the land into communal land managed by the local chief.
• DIt requires the immediate revocation of any existing Certificate of Occupancy.

How can family land be terminated without physical partition of the property?

• ABy an absolute sale or gift of the entire property with the consent of the family head an…
• BBy the death of the family head, which automatically converts the land to public land
• CBy a unilateral declaration of the family head converting it to his personal estate
• DBy the expiration of a fifty-year statutory limit on customary family holdings

In Nigerian customary land law, what is a customary pledge?

• AA transaction where a landowner gives possession of his land to a creditor as security fo…
• BA formal contract where land is sold with a covenant that it will be returned if the sell…
• CA pledge of allegiance by a customary tenant to the head chief.
• DA gift of land to a traditional ruler in exchange for a chieftaincy title.

What is the significance of the maxim 'once a pledge, always a pledge' in customary land transactions?

• AIt means that a pledge is always redeemable, and no lapse of time can bar the pledgor's r…
• BIt means that a pledge cannot be converted into a lease or a mortgage under statutory law.
• CIt means that the pledgee can never make physical improvements on the pledged land.
• DIt means that the children of the pledgee automatically inherit the debt.

If a customary pledgee makes substantial improvements (such as building a house or planting economic trees) on pledged land without the pledgor's consent, what happens upon redemption?

• AThe pledgor is entitled to redeem the land without paying any compensation for the unauth…
• BThe pledgee acquires absolute ownership of the land due to the improvements.
• CThe pledgor must pay the full cost of the improvements before he can redeem the land.
• DThe court will order the land to be partitioned equally between the pledgor and the pledg…

What is a 'kola tenancy' and in which part of Nigeria is it most commonly practiced?

• AA land tenure system where land is granted in perpetuity for a token payment of kola, com…
• BA tenancy where rent is paid strictly in agricultural produce, common in Northern Nigeria.
• CA short-term license to harvest kola nuts from family land in Western Nigeria.
• DA lease of public land to traditional rulers for ceremonial purposes.

Can a Kola tenant alienate (sell or transfer) his interest in the land to a third party under customary law?

• ANo, he cannot alienate the interest without the express consent of the grantor (landlord).
• BYes, he has absolute ownership and can sell the land without any restriction.
• CYes, but only if he pays half of the sale price to the Local Government.
• DNo, Kola tenancy land can never be transferred, even to the tenant's heirs.

What is a customary tenancy in Nigerian land law?

• AA relationship where a landowner grants land to a tenant (settler) in perpetuity subject…
• BA weekly tenancy agreement verbalized before traditional chiefs.
• CA lease of family land to a non-family member for a fixed period of 99 years.
• DA tenancy created by the Local Government for displaced agricultural workers.

In a customary tenancy, what is the legal significance of the payment of 'Ishakole' or tribute by the tenant?

• AIt constitutes an acknowledgment of the landlord's title and prevents the tenant from cla…
• BIt is a statutory tax payable to the State Inland Revenue Service.
• CIt represents a commercial rent that can be unilaterally increased by the landlord based…
• DIt automatically converts the customary tenancy into a statutory right of occupancy.

Under what circumstances can a landlord obtain an order of forfeiture against a customary tenant?

• AWhere the tenant denies the landlord's title or commits a gross misbehavior (e.g., unauth…
• BWhere the tenant fails to cultivate the land for a single planting season
• CWhere the landlord requires the land for his own personal residential use
• DWhere the tenant applies for a customary right of occupancy from the local government

Can a customary court grant relief against forfeiture to a customary tenant who has breached his tenancy conditions?

• AYes, courts can grant relief against forfeiture upon terms such as payment of arrears or…
• BNo, once a tenant denies the landlord's title, forfeiture is automatic and cannot be reli…
• CYes, but only if the tenant pays a fine equal to the value of the land to the court.
• DNo, relief against forfeiture only applies to English-style leases under the Common Law.

Under customary law, what is the role of 'principal members' of a family in transactions involving family land?

• AThey must consent to any alienation of family land; a sale by the head without them is vo…
• BThey act as administrative secretaries and have no voting rights in family meetings.
• CThey must approve every individual agricultural crop choice made by members.
• DThey are appointed by the Local Government to monitor the family head's bank account.

What constitutes a 'good root of title' in Nigerian property law when investigating a seller's title?

• AA document that projects legal ownership, describes the property clearly, and does not de…
• BA statutory declaration by a traditional ruler certifying customary ownership
• CA receipt showing the payment of land use charge for the past three years
• DA certified true copy of a land registry search report showing no encumbrances

In the case of family land, who is the proper person to institute an action in court to protect the family property?

• AThe family head, or principal members acting with the authorization of the family
• BAny individual member of the family, regardless of the family head's stance
• CThe oldest male grandchild of the family, regardless of whether his parent is alive
• DThe Local Government Council on behalf of the family

How does a court resolve a dispute where the head of a family refuses to partition family land despite requests from a majority of the members?

• AThe court can order a partition or sale if it is shown that partition is necessary to ens…
• BThe court must defer to the absolute veto power of the family head.
• CThe court will automatically order the land to be surrendered to the state government.
• DThe court will strip the family head of his title and appoint the local government chairm…

What is the difference between an 'allotment' and a 'partition' of family land?

• AAllotment grants temporary possession while ownership remains in the family; partition sp…
• BAllotment is done by the Governor; partition is done by the traditional chief.
• CAllotment applies to urban land; partition applies only to agricultural land.
• DAllotment requires a written deed; partition can only be done by oral agreement.

If family land is sold under a written agreement signed only by the family head, but the principal members were present and did not object, what is the status of the sale?

• AThe sale is valid because the principal members' silent presence constitutes acquiescence…
• BThe sale is void ab initio because they did not sign the document.
• CThe sale is voidable only if the family head dies within one year.
• DThe sale is illegal and a criminal offense under the Land Use Act.

What happens to family land when the last surviving member of the family dies without leaving any heirs?

• AThe land escheat to the State (or Governor) as bona vacantia.
• BThe land is automatically inherited by the local traditional ruler.
• CThe land becomes communal property of the nearest neighboring family.
• DThe land is sold by the courts and the proceeds are donated to charity.

Under customary law, can a family head lease family land to a tenant for a term of years?

• AYes, provided he obtains the consent of the principal members of the family.
• BYes, he has the absolute right to lease the land without consulting anyone.
• CNo, customary law only recognizes absolute sales, not leaseholds.
• DNo, only the local government can grant leases on family land.

In the case of communal land, what is the legal effect of an individual member building a shop on a portion of the communal land without authorization?

• AThe community chief and elders can order the structure to be demolished or seized for com…
• BThe member automatically acquires individual title to that portion of land.
• CThe member must pay commercial rent to the State Governor.
• DThe transaction is voidable at the option of the Local Government.

What was the primary policy objective behind the enactment of the Land Use Act 1978?

• ATo unify land tenure systems, curb land speculation, and make land easily accessible to g…
• BTo privatize all land in Nigeria and encourage foreign corporate ownership.
• CTo restore the absolute ownership of land to traditional rulers.
• DTo abolish the Received English Law and establish customary land registries.

Under Section 1 of the Land Use Act 1978, in whom is all land in the territory of each State in Nigeria vested?

• AVested in the Governor of that State, to be held in trust and administered for the use an…
• BVested in the President of the Federal Republic of Nigeria absolutely.
• CVested in the local government councils of the respective Local Government Areas.
• DVested in the traditional rulers (Obas, Obis, and Emirs) as trustees.

What category of land is exempt from the vesting provision under Section 1 of the Land Use Act 1978?

• ALand vested in the Federal Government or any of its agencies at the commencement of the A…
• BLand held by traditional rulers under customary law
• CLand located in urban areas developed before 1978
• DLand owned by religious organizations and educational institutions

How does the Land Use Act 1978 divide the administration of land between the State Governor and Local Governments?

• AUrban land is under the control of the Governor; non-urban land is under the control of t…
• BThe Governor controls agricultural land; the Local Government controls residential land.
• CThe Governor administers all land in the State; Local Governments have no administrative…
• DThe Local Government administers all land; the Governor only acts as an appellate authori…

Which advisory body is established under the Land Use Act to advise the Governor on the management of land in urban areas?

• AThe Land Use Allocation Committee (LUAC)
• BThe Land Allocation Advisory Committee (LAAC)
• CThe State Land Registry Board
• DThe Urban Development Commission

What is the maximum duration of a statutory right of occupancy granted by a Governor under the Land Use Act?

• AIt is not fixed by the Act; it is determined by the Governor and stated in the Certificat…
• BIt is strictly limited by the Act to a maximum of 99 years.
• CIt is granted in perpetuity unless revoked for public interest.
• DIt is limited to 50 years for residential and 25 years for commercial purposes.

What is the statutory limit on the grant of customary rights of occupancy for agricultural purposes by a Local Government under Section 6 of the Act?

• A500 hectares for agricultural land, and 5,000 hectares for grazing land, unless custom di…
• B100 hectares for agricultural land, and 1,000 hectares for grazing land.
• CThere is no limit; the Local Government has absolute discretion.
• D50 hectares for all categories of land.

What is a 'deemed grant' of a statutory right of occupancy under Section 34 of the Land Use Act 1978?

• AA right of occupancy held by a person who was the owner of developed land in an urban are…
• BA grant made by the Governor without formal registration in the land registry
• CA grant automatically given to any foreign investor who purchases land in Nigeria
• DA temporary right of occupancy granted during emergency state projects

Under Section 34(5) of the Land Use Act 1978, what is the position of a person who held undeveloped land in an urban area before the Act?

• AHe is deemed to hold a statutory right of occupancy for a maximum of 0.5 hectares, and th…
• BHe is entitled to keep the entire undeveloped land regardless of its size.
• CHis title is automatically voided and the land is immediately seized without compensation.
• DHe must develop the land within six months or forfeit it to the local government.

Under Section 36 of the Land Use Act 1978, what is the status of land in non-urban areas used for agricultural purposes prior to the Act?

• AThe occupier is deemed to hold a customary right of occupancy granted by the Local Govern…
• BThe land is automatically converted into urban land under the Governor's control.
• CThe occupier must pay annual tenancy fees to the Ministry of Agriculture.
• DThe land is divided equally among all registered local cooperative societies.

What is the constitutional status of the Land Use Act 1978 under the 1999 Constitution of Nigeria?

• AIt is entrenched in Section 315(5) of the Constitution and cannot be amended except throu…
• BIt is an ordinary statute that can be amended by a simple majority in the National Assemb…
• CIt is subordinate to state constitutions and can be repealed by State Houses of Assembly.
• DIt was declared unconstitutional and replaced by the Land Reform Act 2011.

Which of the following powers does the Governor have under Section 5 of the Land Use Act 1978?

• ATo grant statutory rights of occupancy, charge rent, and impose conditions on land use.
• BTo seize any private land without notice or compensation for private development.
• CTo grant customary rights of occupancy in non-urban areas without Local Government input.
• DTo sell land in perpetuity to foreign governments.

What is the legal nature of a Certificate of Occupancy (C of O) issued under Section 9 of the Land Use Act?

• AIt is prima facie evidence of a right of occupancy, but it does not cure any defect in th…
• BIt is conclusive proof of absolute ownership of the land.
• CIt is a document that automatically resolves all pre-existing land disputes in favor of t…
• DIt is a contract of sale between the Governor and the citizen.