petroleum and gas resources and solid minerals, shall belong to the National
Government and shall be regulated by law.
(5)
Community land shall include all lands traditionally and historically held or used
by local communities or their members. They shall be defined, held, managed and
protected by law.
(6)
Private land shall include:
(a)
(b)
(c)
registered land held by any person under leasehold tenure in accordance
with the law;
investment land acquired under lease from the Government or community
for purposes of social and economic development in accordance with the
law; and
any other land designated as private land by law.
(7)
Rights in land and resources owned, held or otherwise acquired by the
Government shall be exercised through the appropriate or designated level of
government which shall recognize customary land rights under customary land
law.
(8)
All levels of government shall institute a process to progressively develop and
amend the relevant laws to incorporate customary rights and practices, and local
heritage.
(9)
Customary seasonal access rights to land shall be respected, provided that these
access rights shall be regulated by the respective states taking into account the
need to protect the environment, agricultural production, community peace and
harmony, and without unduly interfering with or degrading the primary ownership
interest in the land, in accordance with customary law.
(10)
Communities and persons enjoying rights in land shall be consulted in decisions
that may affect their rights in lands and resources.
(11)
Communities and persons enjoying rights in land shall be entitled to prompt and
equitable compensation on just terms arising from acquisition or development of
land in their areas in the public interest.
Land Commission
171.
(1)
There shall be established an independent commission to be known as the
National Land Commission, and it shall be composed of persons of proven
competence, experience, integrity and impartiality.
(2)
The Chairperson, Deputy Chairperson and Members of the Commission shall be
appointed by the President in accordance with this Constitution and the law.
(3)
The composition, functions, powers, and terms and conditions of service of the
members and employees of the Commission shall be determined by law.
63
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