Legal Pluralism and Land Rights: Resolving Conflicts Between Statutory and Customary Tenure in Rivers State

📖 ABSTRACT/OVERVIEW

Legal pluralism in land governance, where statutory, customary, and Islamic land law systems co-exist and frequently conflict, creates persistent tenure insecurity and dispute proliferation in Rivers State. This study examines the resolution of conflicts between statutory land rights under the Land Use Act 1978 and customary tenure systems in Rivers State, drawing on an empirical analysis of land dispute cases decided between 2018 and 2024 in the Rivers State High Court and customary courts. Using a mixed-methods research design, the research analyses 50 land dispute judgments and conducts interviews with 30 land law practitioners, 20 community leaders, and 15 staff of the Rivers State Lands Registry in Port Harcourt, Degema, and Ahoada. Findings reveal that the co-existence of statutory certificates of occupancy and customary family ownership of the same parcels is a primary source of dispute, that courts inconsistently prioritise one system over the other, and that women's customary land rights are systematically eroded in adjudication outcomes. The study contributes an original empirical map of land dispute patterns in Rivers State and provides theoretical analysis of how legal pluralism operates in practice. This research fills a significant gap in the literature on land tenure security in Nigeria's oil-producing states. Recommendations include a comprehensive land tenure harmonisation policy for Rivers State, mandatory customary rights documentation before certificate of occupancy issuance, and gender-sensitive land dispute adjudication protocols. Keywords: legal pluralism, land rights, customary tenure, Land Use Act, Rivers State

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Departments# Private Law