INTRODUCTION:
The Nigerian legal system operates a dual land tenure system, where statutory and customary laws govern land ownership. Before the promulgation of the Land Use Act (“the Act”) in 1978, Nigeria’s land tenure system was primarily governed by customary laws that differed across ethnic communities. In Benin, land was held communally under Bini native law and customs, and rights to use or alienate land were acquired through the Oba of Benin, albeit as trustee for his people. In the aftermath of the Act, land ownership across various states in Nigeria was effectively vested in the Governor of a State, who holds it in trust for the people. However, it is commonplace to find that land is still owned under native law and customs in Nigeria, particularly in states, towns, or villages that have paramount rulers, such as the Benin Kingdom with its Oba who is considered the chief/sole administrator of all lands within his domain and under customary land tenure system.
This article aims to examine the intersection between the customary powers of the Oba of Benin and the statutory powers of the Governor of Edo State, as they concern the administration of land in Edo State, and particularly within the territory of Benin.
The Bini Customary Land Tenure System vs the Land Use Act:
Customarily, the Oba of Benin (hereinafter referred to as “the Oba”) is the traditional head of the Benin kingdom and the spiritual leader of the Bini people. Benin has its customary system of government, which guides and regulates the affairs of the Oba and his subjects, referred to as Bini customary law.
Under the Bini customary law, the Oba is the sole authority vested with the power to allocate Bini land, whether within or outside Benin City. All lands in Benin are considered communal property of the Bini people, and the legal estate is held by the Oba as trustee on behalf of the entire Bini community. This customary trusteeship is captured in the Bini maxim (“Obayantor”), which means the Oba owns the land, affirming the Oba’s absolute title and authority over land matters.
