LEGAL ANALYSIS OF TRUST IN THE ADMINISTRATION OF COMMUNAL LAND IN NIGERIA

Abstract

Communal ownership of land is one of the fundamental principles of customary land law in Nigeria. Under customary law, the communal land is held and managed by the head on behalf of the members, and no member has right to alienate a part of the land without the consent of the head. Unfortunately, the problem of insecurity of customary land title has become perennial despite the enactment of the Land Use Act, 1978.This article therefore, analysed the application of trust in the administration of customary land in Nigeria, and also utilised the doctrinal research methodology to address the challenges posed by insecurity of communal land ownership. The article found that it is rarely difficult for the community to alienate a part of the communal land which belongs to entire members of the community. More so, the rule that alienation of land by community head is subject to the concurrence of principal members has caused untold hardship and injustice to innocent purchasers of community land even though the rule is no longer suitable and effective to guarantee security to title to land. Thus, it is recommended that the rule governing alienation of communal land should be jettisoned, and trustee(s) of the village or community be appointed or constituted in accordance with the provisions of Companies and Allied Matters Act to administer the communal property with power to alienate the communal land or portion of it on behalf of the community.