Communal Land Tenure in Nigeria
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Communal Land Tenure in Nigeria

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Questions and Answers

What role does the headman play in relation to communal land?

  • He has no authority over communal land management.
  • He decides independently how to use the land.
  • He acts as a trustee for the benefit of the community. (correct)
  • He is the sole owner of the land.

    • Who holds the ownership of communal land?

  • The headman
  • The community as a corporate institution (correct)
  • The family head
  • Individual community members

    • In terms of legal title, which statement is true regarding family land ownership?

  • The legal title is vested in the headman.
  • The head of the family is a trustee of the family land.
  • The family members individually own the land.
  • The legal title is held by the family as a unit. (correct)

    • According to the traditional structure, who assists the headman in managing communal land?

    <p>Elders, chiefs, and minor chiefs</p> Signup and view all the answers

    What is a significant aspect of management as opposed to ownership of communal land?

    <p>Management requires human representatives to act on behalf of the community.</p> Signup and view all the answers

    Which phrase best describes the nature of a community as per the content?

    <p>A grouping of individuals with a shared relationship</p> Signup and view all the answers

    In the context of family land, what does the head of the family represent?

    <p>A managerial role with collective family ownership</p> Signup and view all the answers

    What happens to communal land management when the headman is absent?

    <p>The elders or chiefs take over the management.</p> Signup and view all the answers

    What is the primary principle regarding land ownership under customary law?

    <p>Land is owned communally by villages, communities, or families.</p> Signup and view all the answers

    Which statement best describes the role of the communal or family head?

    <p>The family head acts as a manager or trustee of communal land.</p> Signup and view all the answers

    How can communal land originate according to the content provided?

    <p>By conquest or by settlement.</p> Signup and view all the answers

    Can a female child become a communal or family head?

    <p>Yes, a female child can become a communal head.</p> Signup and view all the answers

    What is a common misconception about individual ownership of land in communal systems?

    <p>Individuals can own land outright.</p> Signup and view all the answers

    Which of the following best describes the concept of alienation in the context of communal land?

    <p>The transfer of communal land to individual ownership.</p> Signup and view all the answers

    What role does accountability play in the management of communal land?

    <p>The communal head must report to community members regarding land use.</p> Signup and view all the answers

    What defines the duties of a family head in the context of communal land management?

    <p>To ensure equitable management and use of communal land.</p> Signup and view all the answers

    What is the primary responsibility of a communal head within a community?

    <p>To manage the allocation of communal land</p> Signup and view all the answers

    Which of the following statements regarding communal land ownership is correct?

    <p>Ownership rights are exclusive to the community as a whole</p> Signup and view all the answers

    According to customary law, who generally cannot become a communal head?

    <p>A female child in certain traditions</p> Signup and view all the answers

    Which of the following is NOT a duty of the communal head?

    <p>Individually selling land for personal gain</p> Signup and view all the answers

    What is one argument regarding the accountability of communal heads?

    <p>They should remain unaccountable to maintain effective administration</p> Signup and view all the answers

    Which of the following powers does a communal head NOT possess?

    <p>Grant inconsistent land use agreements</p> Signup and view all the answers

    What is a significant characteristic that differentiates communal land from trust property under common law?

    <p>Communal land title remains with the community</p> Signup and view all the answers

    In the Yoruba tradition, who typically assumes the role of the communal head after the Dawodu's death?

    <p>Any surviving child, regardless of gender</p> Signup and view all the answers

    What type of rights do community members have in communal land?

    <p>Exclusive possession with retained title by the community</p> Signup and view all the answers

    Which of the following is NOT a right attached to communal land allotment?

    <p>Exclusive ownership of the land</p> Signup and view all the answers

    How is family property defined in relation to individual members?

    <p>Family property is owned collectively, with no separate claims by individuals</p> Signup and view all the answers

    Which method does NOT create family property?

    <p>Individual purchase</p> Signup and view all the answers

    In what scenario does land revert to family property under intestate succession?

    <p>When a founder dies leaving no will</p> Signup and view all the answers

    When can bought property be considered family property?

    <p>If money collected from family is used to purchase it</p> Signup and view all the answers

    What is the implication of a member utilizing personal funds to reclaim family land?

    <p>The land remains family property despite individual investment</p> Signup and view all the answers

    Which of these does NOT apply to the devolution of interest in family property?

    <p>It can only occur to direct descendants</p> Signup and view all the answers

    What is required for the family head to validly alienate family property?

    <p>Consent from principal family members</p> Signup and view all the answers

    In Nigerian customs, who typically assumes the role of family head?

    <p>The eldest surviving male member</p> Signup and view all the answers

    Under what condition can a female child retain priority of choice in the partition of family property?

    <p>If she is the eldest surviving child</p> Signup and view all the answers

    What happens when the founder of a family dies without a surviving son?

    <p>The nearest male relation in the extended family acts for the infant</p> Signup and view all the answers

    How can the senior male members of a family appoint their head?

    <p>Through a popular vote</p> Signup and view all the answers

    What is the role of the family head concerning the sale of family property?

    <p>Required to consult other principal members</p> Signup and view all the answers

    Which of the following is NOT a situation that leads to the appointment of a family head by operation of law?

    <p>The eldest daughter is present</p> Signup and view all the answers

    What can happen if the eldest surviving son is not available to assume the role of family head?

    <p>The next closest male relative assumes the role</p> Signup and view all the answers

    Study Notes

    Communal/Family Land Tenure System

    • The concept of communal land holding in Nigeria highlights the ownership of land by communities or families.
    • The text cites key cases such as Omoraka Ovie v.Onoriobokirhie and Amodu Tijani v.Secretary, Southern Nigeria as examples of the idea that individual ownership wasn't recognized.
    • The Privy Council in Amodu Tijani v.Secretary, Southern Nigeria stated that the notion of individual ownership is foreign to custom, and land belongs to the community, village and family, not the individual.

    Origin of Communal Land

    • Communal land can originate from:
      • Settlement: Founders jointly owning land and preventing individual appropriation.
      • Conquest: Land taken over.
      • Gift: Given land to a community.

    Vesting of Communal/Family Land

    • Communal land is owned by the community as a corporate body.
    • Family land is owned by the family as a corporate body.
    • King Eleshi of Odogbolu's statement to the Western Lands Commission in 1908 emphasizes the collective ownership concept.
    • He stated that if land can be said to be owned by anyone, it is the dead and the unborn.

    Management of Family/Communal Land

    • The general theory:

      • The headman or chief of the community manages and controls communal land.
      • Land held by the community is managed by the headman or chief, assisted by elders, chiefs, and minor chiefs.
      • The family head manages family property.

    • The text highlights the case Amodu Tijani v.Secretary, Southern Nigeria where Lord Haldene explained the chief's role as a manager or trustee for the benefit of the community.

    • The text also mentions Alli v.Ikusebiala where the court held that the head of the family is not a trustee, since the legal title to the land is vested in the family.

    • The text summarizes the difference between ownership and management. The headman is a representative of the community and not a trustee.

    Distinction Between a Trustee Under Common Law and Communal Land

    • The communal head is not a trustee in the English conventional sense under Common Law, as communal land lacks the attribute of a trust property.

    Who is the Communal/ Family Head?

    • The person responsible for managing communal/ family land.
    • Position often acquired through inheritance.
    • Generally, a female child cannot become a communal/ family head.
    • The text notes variations in Igbo and Yoruba customary law.

    Accountability of Communal Head

    • There are differing opinions on the communal head's accountability.
    • Opinions range from complete autonomy to the view of the headman as an agent who must be accountable.

    Duties of Communal Head

    • Allocates land for communal members and customary tenants.
    • Collects customary rent and outgoings from tenants.
    • Administers proceeds from communal land for the benefit of members.
    • Can pledge land for a loan to the community.
    • Defends the territorial integrity of the land.
    • Can revoke allocations for overriding public purposes and recover land from tenants.

    Members’ Interest in Communal/Family Property

    • Members have definite rights in communal land.
    • Every member of the community has equal rights to a portion of the communal land to build upon and farm.
    • A member does not become the absolute owner of the land.

    Allocation of Communal and Family Land

    • Rights associated with allocated portions of communal or family land:
      • Quiet enjoyment.
      • Right of possession.
      • Residence.
      • Ingress and egress. (Lewis v.Bankole)
      • Participation in the management of the property.
      • Share in surplus income.
      • Demand partition or sale.
      • Protect property.
      • Devolve interest to offspring.

    Family Property

    • Family land or family property is vested in the family as a corporate entity.
    • No individual member has a separate claim to ownership of any part of the property.
    • A member cannot transfer their interest in family property during their lifetime or through their will.

    Creation of Family Property

    • Family property can be generated through:
      • First settlement.
      • Purchase using family funds.
      • Gift of land to a family.
      • Conveyance.
      • Operation of Law:
        • Intestate Succession: Family land passed on through intestate succession.
        • Testate Succession: Family land passed on through a will.

    Use of Family Funds to Acquire Family Land

    • Money collected from the family used to buy property.
    • The property generally becomes family property, unless there is a contrary intention.
    • If family members contribute money to buy property, the property is family property.

    Family Head

    • Under most customs, the family head is the eldest surviving male member of the family.

    • In some cultures, female headship has been recognized.

    • The text mentions the Edo and Igbo cultures where headship devolves on the eldest son and his male sons, as noted in the case of Ngwo v Onyejena.

    • The family head can arise through operation of law or appointment.

    • Operation of law examples:

      • Upon the death of the founder, the eldest surviving son becomes the family head automatically.
      • In titled families, the person entitled to occupy the stool becomes the family head.
        • The text includes relevant case examples like_ Amodu Tijani v.Secretary, Southern Nigeria_, Adeyinka Oyekan v Adele, and Adesanoye v.Akinwale for these points.
      • If the eldest surviving child is female, the eldest male child next to her will succeed as family head.
        • This was established in the Ricardo v.Abal case.
      • If the founder has not left a son who is sui juris, the nearest male relation in the extended family to which the founder's family comes could act for the infant until he reaches the majority.
        • Uzomah v Uzomah cases are mentioned.

    • Appointment examples:

      • Senior male members of the family can choose their own family head through a popular vote.
        • Iyang v.Ita is mentioned.
      • The founder can expressly indicate the person to act as family head in a will.
        • Sogbesan v Adebiyi is cited.

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    Description

    This quiz explores the concept of communal land tenure in Nigeria, emphasizing the importance of community and family ownership. It examines key legal cases such as Omoraka Ovie v. Onoriobokirhie and Amodu Tijani v. Secretary, Southern Nigeria, highlighting customs surrounding land ownership. Understand the origins and vesting of communal and family land in Nigerian society.

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