Citation
Ezeme, P. E., & Ohabuenyi, J. (2026). Socio-Political Analysis of Land Deals in Uganda and Nigeria. International Journal for Social Studies, 12(2), 38–47. https://doi.org/10.26643/ijss/8
1Ezeme, Paulinus Ejiofor
Department of Political Science,
Faculty of the Social Sciences,
University of Nigeria, Nsukka
Email: paulinus.ezeme@unn.edu.ng
ORCID: https://orcid.org/0009-0005-3638-7360
2**Jonas Ohabuenyi**
Department of Political Science, Faculty of the Social Sciences,
University of Nigeria, Nsukka
Email: jonas.ohabuenyi@unn.edu.ng
ORCID: https://orcid.org/0009-0003-3614-7864
Corresponding author***
Abstract
Transparent transactions, the protection of ownership rights, investor security, and sustainable growth all depend on effective land management. With an emphasis on ownership rights, deal procedures, and investor protection, this study contrasts the legal systems controlling real estate transactions in Nigeria and Uganda. Using a doctrinal research approach, this study looked at a number of significant legal sources, including the Land Use Act of 1978 in Nigeria, the Land Act of Uganda, pertinent constitutional provisions, and court decisions. Secondary sources include reports and academic articles. Important results show that Nigeria’s centralised approach, which gives state governors control over property, has frequently resulted in power abuse and erected obstacles to profitable land investment. In contrast, Uganda’s Constitution recognises a number of tenure arrangements that improve transaction security by protecting individual rights, spousal consent, and public access to property registration data. Additionally, it ensures that its residents possess property. According to the study’s findings, Uganda’s strategy offers investors and landowners clearer protections and is more in line with international best practices. In order to boost investor confidence and lower the risk of litigation, it advises Nigeria to think about amending its Land Use Act to add clauses requiring spousal permission, boundary confirmations by nearby landowners, and harsher penalties for fraudulent transactions. Nigeria’s legal system would be enhanced by these changes, which would also make it more favourable to investment and sustainable land management.
Keywords: Land deals, Land Use Act, Land management, Legal structure, National development
Introduction
Long-term national development depends on an efficient land management system that has an impact on the social, economic, and environmental facets of a country. Land administration is more than just managing ownership; it includes the intricate social, economic, cultural, technological, and legal frameworks that regulate how land is used, transferred, and maintained (Anierobi et al., 2024). In order to achieve societal benefits while safeguarding the rights of individuals, communities, and future generations, these frameworks are crucial. One of the fundamental ideas of land management is intergenerational equality, which highlights that land resources should not only benefit the current generation but also be preserved to meet the demands of future generations (Okpa et al., 2022). As urbanisation and population growth puts unprecedented pressure on land resources, especially in areas that are rapidly growing, this concept is becoming more and more crucial (Eze et al., 2022). Therefore, the primary objectives of national land administration laws and policies must be equitable distribution and sustainable management.Legal frameworks are essential for controlling land transactions in order to advance transparency, protect ownership rights, and enhance commercial security. Strong legal frameworks allow investors and stakeholders to do business with confidence because they know their investments are secure (Obasi et al., 2024). These frameworks also prevent fraud while promoting moral and lawful transactions. In regions with high land demand and frequent changes in land use, well-defined legal laws are required to ensure orderly urban expansion and lessen the risks associated with rapid urbanisation (Chinweze et al., 2024).In countries like Nigeria and Uganda, legal regulations specify the responsibilities, rights, and required documentation for real estate transactions. However, the structure, application, and enforcement of these laws varied widely according to a variety of historical, cultural, and political variables. Nigeria’s Land Use Act of 1978, for instance, grants state governors trustee authority over all land under their control (land Use Act, 1978). Although this paradigm was intended to promote fair land distribution and speed land administration, it has often led to the concentration of power in the hands of governors, who may have substantial control over the distribution and management of land. This centralised arrangement has raised concerns about accountability and transparency since governors can operate as de facto landlords rather than impartial guardians (Elias, 2024).Nonetheless, Uganda’s land management system has a number of tenure systems, each with its own set of rules and ownership rights, such as Mailo, Customary, Freehold, and Leasehold (Musinguzi et al., 2021). According to Magadze and Ajah (2025), these institutions are intended to satisfy a range of social and cultural demands and are a reflection of Uganda’s colonial past. However, international investors who are not familiar with local laws and customs may find this variety of tenure regimes confusing (Ajah et al., 2025). With an emphasis on each nation’s legislative frameworks, this article seeks to provide a thorough legal study of land transfers in Nigeria and Uganda. To make wise choices and successfully negotiate the problems pertaining to property ownership, tenure, and rights in these two countries, investors must be aware of these distinctions.
In order to assess, interpret, and synthesise legal texts, principles, and reliable sources, this study uses a doctrinal research technique, which is frequently employed in legal studies (Osadebe et al., 2024). This issue is a good fit for doctrinal study since it enables a thorough examination of the existing legal frameworks governing land transfers in Nigeria and Uganda. Using this approach, the study examines the legislation and case law of each jurisdiction for significant parallels, discrepancies, and possible opportunities for reform. The investigation makes use of both primary and secondary materials.The fundamental legal rights and principles pertaining to property ownership and management are established by the constitutions of Uganda and Nigeria, among other significant sources that form the basis of this study. Two important laws that control land tenure, transactions, and property rights in each nation are the Land Use Act of 1978 in Nigeria and the Land Act (as amended) in Uganda. Secondary sources provide context, criticism, and more viewpoints for this analysis. A thorough grasp of the historical, social, and economic elements influencing land governance in many nations can be found in scholarly books, periodicals, novels, and reliable media coverage.
Legal Structures
Since it outlines the rights and obligations of both the government and its citizens, a nation’s legal system serves as the foundation for regulating land transactions. Because they promote fairness, efficiency, and transparency in land transactions, these frameworks are crucial to the development of the country and the defence of property rights. Inheritance, land ownership, transfer, and conflict resolution are just a few of the many topics covered by land laws (Ajah et al., 2025). In addition to protecting property rights, a well-designed legal framework encourages fair land allocation, investor confidence, and sustainable land management techniques. This section looks at the advantages, disadvantages, and adherence to international best practices of Nigeria’s and Uganda’s land transfer laws.
Uganda’s Legal Structure for Land Sales
With explicit legal criteria in the Land Act and the Constitution offering a solid foundation for land ownership and transfers, Uganda’s land deal regulations offer a more organised and transparent system than Nigeria’s (Gerald, 2021). In contrast to Nigeria’s model under the Land Use Act, which placed property ownership under the state, Uganda’s Constitution, specifically Article 237, grants land ownership to Ugandan citizens. This disparity reveals a basic difference in how land rights are distributed and administered in the two nations. Additionally, traditional, freehold, mailo, and leasehold land tenure are the four main categories recognised under Uganda’s Land Act of 1998 (Musinguzi et al., 2021). Because each of these tenure systems is governed by particular laws and regulations, land ownership and transactions are handled more carefully (Obala & Kitulazzi, 2024). It is essential for both landowners and investors to understand these differences since each kind of tenure has unique legal requirements, particularly with relation to succession, transfer, and registration.For example, the Land Act imposes restrictions on the Mailo land tenure, which is exclusive to Uganda and gives landowners everlasting ownership rights (Nabawanda, 2024). Only the legal processes specified in the Act may be followed for leasing or transferring Mailo land. According to Section 3(4) of the Land Act, all transfers must be formalised through the appropriate legal procedures to avoid disputes, and Mailo land must be registered to guarantee its legality (Isaac, 2023). Mailo tenure has its own set of difficulties, especially when it comes to the intricacies of land transfers and the history of land ownership under this tenure type, in contrast to freehold land, which gives comparable but typically simpler ownership rights (Musinguzi et al., 2021).
Nigeria’s Legal Structure for Land Sales
Land transactions in Nigeria are governed by both statutes and customary law. The most significant of them are the Land Use Act of 1978, the Federal Republic of Nigeria Constitution, and several state-level laws.
The Land Use Act, which grants state governors ownership of all the country’s land in trust for the people, is a significant component of Nigerian law. This Act significantly alters the traditional land ownership arrangement, which was formerly governed by customary law. Because the Land Use Act grants the governor the power to grant land use rights to people and groups, the government is heavily involved in land transactions (Derri & Egemonu, 2022). However, the Act’s centralisation of land rights and the abuse of this power by state governors have come under heavy fire (Makata & Udobi, 2024). The state governor’s concentration of authority has led to issues with corruption and abuse, despite the Act’s efforts to prevent land hoarding and guarantee fair distribution.
In addition to the Land Use Act, Nigeria’s customary land laws continue to play a significant role in land transactions, particularly in rural areas. Regional norms and traditions serve as the foundation for these rules, which regulate property ownership, inheritance, and transfer among communities. Despite the fact that customary law often provides a more flexible and localised approach to land transactions (Chigbu et al., 2021), its absence of formal documentation can lead to disputes and challenges when formalising property transactions. When statutory law and customary law coexist, it is challenging to guarantee uniform enforcement, particularly when disputes arise between parties that adhere to different legal systems (Nwocha, 2016).
In addition to the Land Use Act, two more laws that affect land transactions in Nigeria are the Property and Conveyancing Act and the Nigerian Land Title Registration Act (Abraham, 2023). In order to ensure that ownership is properly documented and recognised by the state, these laws, along with a number of state laws, establish procedures for registering property titles. However, these rules are administered unevenly due to problems including corrupt land administration agencies and inefficient land registration processes.
Contemporary Land Deal Processes
To ensure legal compliance and safeguard the rights of both buyers and sellers, modern real estate transactions must strictly conform to a range of national laws, rules, and due diligence procedures (Dieterle, 2023). The complexity of these transactions, which can include numerous verification procedures and discussions, increases in tandem with the value of land. The main stages of contemporary land deals are broken down as follows:
Searching the land registration is one of the most crucial procedures in the transaction process. According to the Trusted Advisors, the search is conducted at the land registry office and verifies the property’s ownership history, ensuring that the seller is the legitimate owner and that there are no disputes or claims from third parties. The search also turned up encumbrances like mortgages, liens, or unpaid taxes that could legally tie the land and limit its transferability. Completing this critical step is necessary to establish a clean title, which is a title free of any legal barriers to ownership.
Verifying that the corporation is legally registered and has the authority to sell the property is essential if the landowner is a corporation. For example, in Nigeria, this process comprises a search with the Corporate Affairs Commission (CAC) to confirm that the corporate entity is in good standing, has not been dissolved, and that its representatives are legally allowed to act on its behalf in the transaction (Corporate Affairs Commission, 2022). According to the Commission, this step lessens fraud and illegal activities by ensuring that the transaction is conducted with a reputable, legally authorised business. It is typically advised to involve legal experts in these verifications to avoid problems. In other countries, comparable investigations are carried out with the relevant authorities.
Hiring a skilled surveyor to confirm the exact boundaries of the property is necessary for a thorough understanding of the land being transferred (Reed, 2021). Surveyors conduct field assessments to ensure that land measurements match official records and to mark and confirm boundary lines in compliance with government-approved survey plans. According to Çağdaş et al. (2023), inaccurate border demarcation may lead to disputes with neighbouring property owners and, in some cases, legal action. By preventing further encroachments, boundary verification also enables the purchase to legally and physically defend the land.
In certain places, particularly those with significant community or customary land rights, it is frequently required to consult local stakeholders, such as surrounding landowners, community leaders, or traditional authorities (Notes et al., 2021). For instance, in many rural African areas, the consent of a village chief or other community leader increases the agreement’s legitimacy and helps prevent future disputes with the local populace (Ndi, 2022). This consultation may involve formal discussions, agreements, or, in some cases, getting express written authorisation to proceed with the sale. This stage is especially crucial in transactions involving land that was formerly governed by customary law since such land may have unwritten obligations or access rights.
Legal counsel is highly recommended to manage the intricacy of land regulations and protect the buyer’s rights. Attorneys can assist in confirming that the deal paperwork is examined, the title is genuine, and all procedural requirements are met (Stark & Llorente, 2024). Certain transactions, especially those involving valuable assets, may also require financial appraisals. Financial due diligence helps ensure that the acquisition price is fair and that there are no hidden financial obligations, such as unpaid property taxes or outstanding loans associated with the property.
Fulfilling specific regulatory criteria, which may vary depending on the locality, is a common prerequisite for modern land purchases. These include acquiring government clearances, adhering to zoning laws, and gaining environmental approvals if the land will be utilised for commercial development (Dixon, 2021). In certain jurisdictions, paying taxes or stamp fees is necessary for a transaction to be performed legally. The likelihood of fines, penalties, or other legal problems with regulatory authorities is decreased by adhering to these rules.When combined, these processes reduce the possibility of fraudulent property transactions, shield buyers from potential issues, and offer a straightforward and safe route to ownership. Legal and real estate experts should be consulted by investors, particularly if they are unfamiliar with local regulations or are new to a certain market.
Conclusion and Recommendations
The legal systems of Uganda and Nigeria both offer fundamental frameworks for land transactions, but substantial changes are needed to improve their efficacy, guarantee fair land allocation, and encourage sustainable land management. By addressing the differences in land registration, bolstering enforcement strategies, and boosting transparency, both nations’ land laws will be in line with global best practices. Both people and investors will benefit from a more stable and secure land tenure environment as a result.
In order to verify the validity of property boundaries during land transfers, Ugandan law requires boundary neighbours to sign documents and provide information from their national identity cards. Boundary disputes are prevented and unambiguous borders are established thanks to this need. Nigeria ought to implement a similar law requiring boundary neighbour verification before buying real land.
In order to ensure balanced family rights and forbid unilateral actions that would endanger the family’s financial stability, Uganda’s legal system contains a clause demanding spousal approval when a husband is the vendor in a land transaction. Nigerian lawmakers ought to think about enacting a comparable law. Family assets would be safeguarded by requiring spousal consent for real estate transactions involving married people.
Nigeria lags behind other nations that regularly modify their legal frameworks to satisfy modern demands because its land laws, especially the Land Use Act of 1978, have essentially remained untouched since their creation. It is recommended that Nigerian lawmakers give careful review and revision of these laws top priority in order to establish a more effective and investor-friendly legal environment for real estate transactions.
While Nigeria’s land is controlled by the government under the Land Use Act, which occasionally disadvantages locals, Uganda’s Constitution grants its residents the right to own land. In addition to bringing Nigeria into line with Uganda’s strategy, a constitutional amendment granting Nigerians direct land ownership rights will boost individuals’ sense of accountability and lessen bureaucratic inefficiencies in land administration.
Uganda’s RTA keeps prospective buyers from inadvertently acquiring contested land by enabling parties with reservations about a real estate transaction to record a caveat with the land registry and inform the public of any continuing conflicts. It is advised that Nigeria implement a comparable caveat procedure, which would make it simple for buyers to obtain this information before closing a deal and for interested parties to issue caveats.
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Ezeanya, O. C. P. & Ajah, B. O. (2021). Addressing the biblical and ecclesial obligation of Nigerian Roman-Catholic priests in promotion of peace and social justice. HTS Teologiese Studies/ Theological Studies, 77(4), a7138. https://doi.org/10.4102/hts.v77i4.7138
Nnamani, G. R., Ilo, K. O., Onyejegbu, D. C., Ajah, B. O., Onwuama, M. E., Obiwulu, A. C., & Nzeakor, O. F. (2021). Use of noncustodial measure and independent monitoring body as panacea to awaiting-trial problems in Ebonyi State, Nigeria. International Journal of Criminal Justice Sciences, 16(1), 51-63.
Ugwuoke, C. O., Ajah, B. O., & Onyejegbu, C. D. (2020). Developing patterns of violent crimes in Nigerian democratic transitions. Aggression and Violent Behavior, 53, 1-8.
Ajah, B. O., Ajah, A.I., & Obasi, C. O. (2020). Application of virtual reality (VR) and augmented reality (AR) in the investigation and trial of herdsmen terrorism in Nigeria. International Journal of Criminal Justice Sciences, 15(1), 1-20.
Okpa, J.T., Ajah, B. O., & Igbe, J. E. (2020). Rising trend of phishing attacks on corporate organisations in Cross River State, Nigeria. International Journal of Cyber Criminology, 14(2), 460–478.
Ajah, B. O., Dinne, C.E., & Salami, K. K. (2020). Terrorism in contemporary Nigerian society: conquest of Boko-Haram, myth or reality. International Journal of Criminal Justice Sciences, 15(1), 312-324.
Eze, O. J., Obi, D. O., & Ajah, B. O. (2020). Nigerian criminal justice system and victims of crime neglect in Enugu Urban. FWU Journal of Social Sciences 14(3), 41-53.
Ajah, B. O*, Uwakwe, E. E., Nwokeoma, B. N., Ugwuoke C. O., & Nnnamani, R. G. (2020). Ameliorating the plight of awaiting-trial inmates in ebonyi state, nigeria through reasonable bail condition. Pertanika Jounal of Social Sciences & Humanities, 28(4), 2897 – 2911.
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