Compulsory Acquisition Without Compensation and the Land Use Act

Abstract

Compulsory acquisition is the power of government to acquire private rights in land without the willing consent of its owner or occupant in order to benefit society in exchange for compensation. It evolved as a result of the invaluable nature of land and the important role it plays in the socio economic development of a country. The foregoing template is generally recognised under the Nigerian law on the subject; the Land Use Act. However, there are instances under the Act where the law deviates from this golden rule of procedure by denying land owners any compensation at all or paying what amounts to inadequate compensation for the loss occasioned by the acquisition. This paper examines the provisions of the Land Use Act on compulsory acquisition and compensation process in Nigeria vis-à-vis global standards and best practices in the area. This is with a view at highlighting the areas of injustices in the law, particularly instances of compulsory acquisitions without compensation under the Act. In carrying out this task, the paper holistically evaluates the Act as a piece of expropriatory legislation and dissects it by pointing out particular instances of compulsory acquisition processes without compensation. In conclusion, the paper recommends a review of the law to reflect equity and fairness in recognition of property rights and land administration.

Keywords: Administration, Compulsory Acquisition, Compensation, Constitution, Land