An Examination of the Right to Compensation for Compulsory Acquisition of Land in Nigeria

Description

ABSTRACT

An Examination of the Right to Compensation for Compulsory Acquisition of Land in Nigeria

Dr. Dorothy Nelson

The Constitution of the Federal Republic of Nigeria guarantees individual ownership of property. However, the same Constitution permits compulsory acquisition of land from the rightful owners provided it is made in accordance with the law. The Land Use Act 1978 is the principal statute regulating land management in Nigeria. This paper seeks to examine the effectiveness of the Land Use Act in regulating compensation for compulsory acquisition of land rights in Nigeria. Suggestions are proffered in the area of reformation of land rights with the aim of addressing perceived lapses in the law.

INTRODUCTION
The Land Use Act of 1978₁ is the principal statute regulating land management in Nigeria. The Act was given a prominent mention and protection in the Constitution of the Federal Republic of Nigeria.₂ Our treatment of the Act will be restricted to the areas of relevance to this paper. The preamble to the Act shows the reasoning behind its enactment. It provides:

Whereas it is in the public interest that the rights of all Nigerians to the land of Nigeria be asserted and preserved by law: AND WHEREAS it is also in the public interest that the right of all Nigerians to use and enjoy land in Nigeria and the natural fruits thereof in sufficient quantity to enable them to provide for the sustenance of themselves and their families should be assured, protected and preserved…

The preamble shows that “public interest” is the driving force of the Act; and “the public interest” is the right of all Nigerians to use and enjoy land. The Act vests the Governor of each state of the federation the power of revocation of right of occupancy for overriding public interest which includes the requirement of the land for public purpose.

Compulsory acquisition of land is a procedural legal device through which government authorities compulsorily acquire land from private owners upon payment of compensation. The subject matter of compulsory acquisition is land owned by private individuals.₃ The rationale for compulsory acquisition is to the effect that although protection of individual property is guaranteed in Nigeria, it is desirable that private rights or interest must give way to overriding public interest, otherwise private interest will hold up schemes that are beneficial to the community at large.₄ Also revoking title over parcels of land is aimed at enhancing the land for the overall good of the citizens or as the case may be, to cite projects, ventures or some other tangible and beneficial things for the good of the generality of the people.₅

PROPRIETARY RIGHTS UNDER THE LAND USE ACT 1978
While the whole thrust and purpose of the Act is to assert government’s powers and rights over the land, it nevertheless, concedes some proprietary right in land to the individual in the form of right of occupancy. Under the Act, a right of occupancy is either statutory or customary.

* LL.B, BL, LL.M, Ph.D. Senior Lecturer, Department of Private Law, University of Uyo

1. Cap L5, Laws of the Federation of Nigeria, 2010 herein after referred to as the Act
2. Constitution of the Federal Republic of Nigeria 1999, Cap C23 Laws of the Federation of Nigeria 2010, S 315 (5) (d)
3. Attorney-General of Bendel State v Aideyan (1989) 4 NWLP (Pt 118) 464
4. Oluyede, P. A., Modern Nigerian Land Law (Evans Brothers (Nigeria Publishers) Ltd: Ibadan, 1989) 375
5. Boniface B. Gwar v S. O. Adole (2003) 3 NWLR (Pt 808) 516 at 504-541