The coexistence of customary and statutory law, tenure, and administration in peri-urban areas of sub-Saharan African (SSA) countries such as Nigeria may cause conflict and tension. An efficient and effective land administration systems (LASs) and legal frameworks are crucial for ensuring pro-poor objectives in land administration. Women, the vulnerable and the poor who are denied access to efficient and effective land administration services tend to experience tenure insecurity. Nigeria is one of the countries with an inefficient and ineffective LASs. The study explores the possibility of hybrid legal systems contributing to tenure insecurity in peri-urban areas of Southwest Nigeria. This study assesses customary and statutory laws and administration systems pertaining to Ekiti State, Nigeria to understand whether there is legal pluralism. A case study of customary and statutory laws, tenure, and administration was carried out using primary and secondary data. The study used three peri-urban cases from Ekiti State, Nigeria (Ikere-Ekiti, Ijero-Ekiti, and Oye-Ekiti) to learn how customary and statutory laws, tenure, and administration operate within the same geographical space. The study adopted Soft System Methodology (SSM), with two analytical frameworks: Responsible Land Management (RLM) and Fit-For-Purpose Land Administration (FFPLA). Moreover, the study used institutional isomorphism theory to determine the conflicting pressure exerted on the customary legal framework, comprising the customary courts and the Customary Court of Appeal of a State (CCAS). The LASs with their legal frameworks were assessed using text-based and empirical approaches. The study findings show weak and deep legal pluralism in LASs. The assessment leads to developing conceptual tools for assessing LASs with their legal frameworks. On the one hand, the conceptual tool for assessing LASs with their legal frameworks is based on the three pillars of human rights, the rule of law, and legal pluralism, taking a constitutional focus. The study findings revealed conflicting pressure exerted on customary courts and the Customary Court Appeal of a State (CCAS). On the other hand, the conceptual tool for measuring land tenure security based on three pillars of jurisdiction, legitimacy, and collaboration. The conceptual tools provide understanding of the influence of the hybrid legal system in LASs in peri-urban areas. The understanding of the influence of hybrid system is based on decentralising land administration activities, local land management, self-determination, and autonomy. The framework also incorporates legal and institutional flexibility. Areas of further research are recommended.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uct/oai:localhost:11427/38461 |
| Date | 08 September 2023 |
| Creators | Babalola, Kehinde Hassan |
| Contributors | Hull, Simon |
| Publisher | Faculty of Engineering and the Built Environment, School of Architecture, Planning and Geomatics |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Doctoral Thesis, Doctoral, PhD |
| Format | application/pdf |
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