Analysis of Tenancy under Customary Property in Nigeria

Abstract

Generally, in most African communities and particularly in Nigeria, it is common place to see families
who have excess lands granting some of it to relatives, non-relatives and other families who do not have
enough. This grant may be accompanied by payment of tributes as it was called in the olden days, or
rent as it may be understood now, or even by the performance of some services. This grant is generally
guided by rules of customary law, norms, culture and tradition peculiar to the community and this is
what Tenancy under Customary Property in Nigeria is all about. Using a doctrinal research
methodology, this study examines the said practice by highlighting the nature, rights and obligations of
tenants in customary land tenure arrangements. The study identifies some challenges facing customary
tenancy in Nigeria including conflict with the Land Use Act, inheritance disputes and insecure tenure.
The findings underscore the need for harmonization between customary and statutory land law to ensure
that tenants and landowners co-exist peacefully and equitably.