Illusory Nature of The Concept of Compensation under The Land use Act in Nigeria
DOI:
https://doi.org/10.46881/ajh.v2i0.88Abstract
In Nigeria, ownership of land is vested in the Government but this does not foreclose an individual land holder from exercising rights over a land (property) to the exclusion of any others in form of a loose ownership. However such land may be compulsorily acquired in the overriding interest of the public by Government. Where such occurs the law imposes prompt payment of compensation to the land owner or holder as compensation is at the heart of compulsory acquisition and that it aims to repay affected parties for the losses they suffer as a result of the process.. In reality, land owners most times do not receive prompt compensation or no compensation at all until there is a suit to that respect. Even when the compensation is paid, it is usually insufficient in terms of value of the land compulsorily acquired and for which compensation is being paid.
This paper will attempt to establish the lacuna or inadequacy inherent in the provision of the Land Use Act, 1978 on compensation upon compulsory acquisition for overriding public interest and also discusses the need for prompt and adequate payment of compensation in the modern day Nigeria to conform to internationalbest practice.
References
Akujuru, V. A. (2016) Contemporary Issues in the Acquisition Process Donnish Journal of Research in Environmental Studies Vol 3(1) available at http://donnishjournals.org/djres/pdf/2016/february/Akujuru-et-al.pdf last accessed on 22nd February, 2017.
Bank Conference on Land Governance in support of the Millenium Development Goals at Washington D.C.†available at https://siteresources.worldbank.org/Silayo_2.ppt last accessed on 21st February, 2017.
C.O. Olawoye (1974), Title to land, (Evans Brother Ltd) .
Garner, B. A. (1999) (Ed.) “Just Compensation†(7th Edition, West Group, St. Paul, Minnesota).
Ghosh, A., (1973) The Land Acquisition Act 1894-Law of Compulsory Acquisition and Compensation, (Sixth Edition, Eastern Law House).
Land Use Act, 1978 now Cap. L5, Laws of Federation of Nigeria (LFN), 2010.
Nigerian Minerals and Mining Act, No 20, 2007.
Nuhu, M.B., (2008) Compulsory Purchase and Payment of Compensation in Nigeria: A Case Study of Federal Capital Territory (FCT) Abuja. Nordic Journal of Surveying and Real Estate Research, Special Series, Vol. 3. Available at: http://ojs.tsv.fi/index.php/njs/article/viewfile/2454/2280 last accessed on 21st February, 2017.
Oil Pipelines Act now Cap 07 LFN 2010.
Okonkwo: A Closer Look at the Principles Under the Land Use Act, available at www.ajol.info/index.php/jsdlp/article/download/122516/112062 last accessed on 22nd February, 2017.
Otubu A., Compulsory Acquisition Without Compensation And The Land Use Act. Available at https://www.researchgate.net/publication/269874725_Compulsory_Acquisition_ Without_Compensation_and_the_Land_Use_Act last accessed on 22nd February, 2017.
Otubu A.,Compulsory Acquisition Without Compensation And The Land Use Act, Available at https://www.researchgate.net/publication/269874725_Compulsory_Acquisition_Without_Compensation_and_the_ Land_Use_Act last accessed on 22nd February, 2017.
Otubu A., Private Property Rights and Compulsory Acquisition Process in Nigeria: the Past, Present and Future.Available at http/journals.univ-danubius .ro/ index.Php/ juridica/article/download/1504/1563...Last accessed on 30 May, 2014
Petroleum Act now Cap P10 LFN 2010.
Property and Conveyancing Law of Western Nigeria, Cap. 100 laws of W.N. 1959.
Section 29(4) of the Act.
Silayo, (2009) “Urban land policies for the poor in East and Southern Africa. A paper presented at the World
Simon Keith,et al (2008), Food and Agriculture Organization of the United Nations Land Tenure Studies, Compulsory Acquisition of Land and Compensation available at http://www.fao.org/3/a-i0506e.pdf last accessed on 25th February, 2017.
The African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act N0. 2, 1983. Now Cap. A9 LFN 2004.
The Consitution of the Federal Republic of Nigeria, 1999 (as amended).
The Punch,Tuesday, 22nd October, 2013. Available at http://www.punchng.com/news/over-100-buildings-demolished-for-ogun-road-projects/ last accessed on 8 July, 2014.
