LAW OF COMPULSORY ACQUISITION AND COMPENSATION AND THE LAW OF EQUITY
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LAW OF COMPULSORY ACQUISITION AND COMPENSATION AND THE LAW OF EQUITY
INTRODUCTION
1.1 Background and Need for the Study.
Although the various governments in the federation could purchase land at any moment using their eminent domain power, most in the south continue to face the challenge of rigidity linked with native laws and practices.
In an attempt to break down these rigidities, the government issued numerous land laws, including public land acquisition decree No. 33 of 1976, state land compensation decree No. 38, and the most recent legislation regulating government land purchase and compensation.
Section 1 of this act vests in the governor of each state all land within its territory, with the exception of land vested in the federal government or its agencies, and such land shall be held in trust and administered for the use and common benefit of all Nigeria in accordance with the act’s provisions.
The governor, having been vested with all land in his state of jurisdiction, is additionally entitled by section 28 of the act to withdraw a right of possession (statutory or customary) for excessive rigidity. public interest under section 29 of the act the revocation of a right of occupancy for the cause set out in section 29 entitles the holding and occupier to compensation for the value of their unexhausted improvements at the date of revoke as accordingly provided in section 29 sub section 4 paragraph 6 compensation with respect to building installation or improvement shall be for the amount of the replacement on the basis of the presented method of assessment as determined by t
Literature Review
2.1 The origins of compulsory acquisition in Nigeria
The diversity of land tenure systems in Nigeria has played an important influence in the evolution of the country’s law of forcible acquisition of land for public use. The has surely influenced the amount of compensation payable in various situations.
Before British administration, Nigeria had a variety of land tenure systems based on ethnicity. Every ethnic group had its own tenure system. In fact, it was claimed that Nigeria had as many land tenure systems as tribes. Under the customary system, elders and supreme chiefs held land in trust for themselves and the community.
Permanent alienation of land was prohibited. Every member of the community had the right to use land granted by chiefs or elders in exchange for an obligation of duty.
The grantee was required to pay an annual tromage to the local chief or elders in order to hold the property for himself and his family’s use. He had no reason to alienate it. Because of the low amount of public activity, there was little requirement for permanent land usage.
However, once such a necessity arose, it was the elders and paragraph leaders who used the authority of coercive acquisition for public purposes. Those whose awards were impacted would receive a replacement elsewhere as compensation.
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