Communal Land Acquisition and Valuation for Compensation in Nigeria

Abstract

It is debatable that the Nigerian Land Use Act of 1978 has not absolutely transferred ownership of land to the Governor of states in Nigeria. It is argued that the citizens have no rights or interest over the land beyond their occupation because such rights or interest has been taken over by the virtue of section 1 of the Land Use Act, which provides that subject to the provisions of the Act, lands in each State of the Federation is vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefits of all Nigerians. No doubt, the procedure for compulsory acquisition requires adequate notice to be given to the owner, compensation to be paid and the acquisition must be for “public purpose”. This article seeks to dwell on the valuation for compensation aspect of the three requirements for compulsory acquisition. The data for this write up is basically secondary data source. Findings show the truism that current provisions of the Act cannot guarantee adequate compensation. It therefore, recommends an amendment to the present Land Use Act of Nigeria to reflect realities as regard ownership and transparent methods of assessment for compensation.