AN APPRAISAL OF COMPULSORY ACQUISITION OF LAND IN NIGERIA AND PAYMENT OF ADEQUATE COMPENSATION

Abstract

The administration of land in Nigeria, particularly regarding acquisition and compensation, was redefined by the Land Use Act of 1978, which empowered the state to own and control all land in the country for public purposes. This created a dialectical relationship between the state and communities, tilting power toward government authority. Although compulsory acquisition was intended to serve public interest, it often conflicted with private property rights, as compensation rarely reflected the true value of the land acquired. This paper adopted a doctrinal research methodology, relying on both primary and secondary legal sources, to appraise compulsory land acquisition and compensation in Nigeria. It was found that the compensation provisions under Section 29 of the Land Use Act were vague, inadequate, and inconsistent with international best practices. Consequently, the law failed to address the loss suffered by individuals whose land rights were extinguished, thereby discouraging land development and fueling conflicts. The paper concluded that the criteria for compensation under the Act did not account for the present and future value of the land or the interests derived from it. It therefore recommended that the Act be urgently reviewed and reformed to ensure fair, adequate and realistic compensation aligned with global standards.