Benue State University, Makurdi

An Analysis of Nigeria’s Land Acquisition and Compensation Policy

Atah Pine & Abraham Agan

Abstract

The administration of land, particularly with regards to acquisition and compensation has been redefined by the Land Use Act, which by its establishment in 1978 created a dialectical relationship between the state and communities. The relationship empowered the state to own and control land within its territory for public interest. The main thrust of this paper is to examine the policies that underpin land administration particularly as regards acquisition and compensation in Nigeria and, to know whether it has been able to bring about the achievement of its noble objective. Land use and management has proved to be a source of worry and conflict in the world especially the developing world. In contemporary Nigeria, most people no longer view land as a place where people live, but a new way for business deals and new profit opportunities. This paper found out that, there are gaps in policies guiding the process of land acquisition and payment of compensation in Nigeria, and there is a possibility of abuse by those who control the affairs of the state to their advantage. This paper also found out that, section 47(2) of the Act seems dictatorial; for compensation litigation, the court is not to determine the value of properties of a beneficiary or would be beneficiary. This paper concludes that, the increasing vulnerability of customary land rights due to weak governance structures and shortcomings in the implementation of land policies has a direct consequence. Therefore, the practice in Nigeria is not equitable and as such not in tune with global best and standard practices. The paper recommended that, provisions of the Land Use Act that are obnoxious and undemocratic be reviewed to allow for better practices as it is done in other countries.

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