AN APPRAISAL OF THE LEGAL FRAMEWORK FOR LAND ACQUISITION AND COMPENSATION IN NIGERIA

Benjamin Ogwo(1), Joe Abah(2),


(1) @ajlradmin100%
(2) 
Corresponding Author

Abstract


Land constitutes one of the most important economic and social resources in Nigeria and serves as the foundation for agricultural production, housing, industrial development, and infrastructural expansion. Despite the existence of statutes governing land, concerns persist regarding the adequacy, fairness, and effectiveness of compensation awarded to individuals and communities whose land interests are compulsorily acquired for public purposes. This study appraises the legal framework for land acquisition and compensation in Nigeria with a view to assessing its effectiveness in protecting property rights and ensuring equitable compensation. The study adopts a doctrinal legal research methodology by examining relevant primary and secondary sources, as well as international legal instruments. The provisions of the Land Use Act 1978 and other relevant laws regulating compulsory land acquisition and compensation are critically evaluated. The findings reveal that the existing legal framework provides a legal basis for compulsory acquisition and compensation; however, several challenges hinder its effective implementation. Based on these findings, the study recommends the amendment of the Land Use Act to reflect contemporary realities and international best practices, among other measures. The study concludes that compulsory land acquisition remains an essential tool for national development and public infrastructure projects; however, its legitimacy and effectiveness depend largely on the fairness, adequacy, and promptness of compensation paid to affected persons.



Keywords


Land Acquisition, Compensation, Land Use Act, Property Rights, Compulsory Acquisition

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