PROBLEMS AND PROSPECT OF COMPULSORY ACQUISITION AND COMPENSATION UNDER THE LAND USE ACT OF 1978

 PROBLEMS AND PROSPECT OF COMPULSORY ACQUISITION AND COMPENSATION UNDER THE LAND USE ACT OF 1978

(A CASE STUDY OF OVERSEA NASARAWA)

ABSTRACT

The term acquisition and compensation can be defined as a system of exploiting individuals of their rights of ownership to any estate or interest in land while converting these rights to monetary entitlement by way of compensation. This system is normally enforced when government or its agencies requires land for public. the system has been in practice in Nigeria even in pre-colonial days, thought on a minor scale because then, land was readily available for public use. However, the influx of the missionaries and other aliens into Lagos after the cessation of Lagos to Queen Victoria of England and Ireland in 1861 led to the congestion of Lagos Island. Thus in turn brought about the need for more land to decongest the city by way of expansion and provision of more social developments. In most cases, these good proposals were often frustrated by selfish individuals who for their personal economic reasons did not want to part with their land. This led to the promulgation of a good number of land related laws such as land ordinance of 1876, the public lands Acquisition Act Cap 167, the Minerals Act Cap 121 of 1946, oil Pipeline Act Cap 145; LFN 1990 of 1990, and the petroleum Decree No. 51 of 1969 and Land use Act among others. These laws did not only give guidelines for compulsory acquisition, but also made sure that acquiring authorities pay fair and adequate compensation to the adversely affected land owners. The fairness and adequacy of such compensation is a different matter and will be examined briefly in this study.     

CHAPTER ONE

1.0        INTRODUCTION

1.1       BACKGROUND OF THE STUDY

The issue of formal land acquisition concerns itself with slow and highly controlled urbanization by the colonial government and later by the Federal Government of Nigeria. Earlier colonially structured urban areas were considered to be only for non-natives and those formally employed (Kironde 1992). But in the 1960s independence and development of African public services lifted rural-urban influx and the annual growth rate of some African cities were as high as 5-7% implying a doubling of population every ten to fifteen years (UNHABITAT 1996). As cities grew, people migrated to the towns for work, administration, education and social services. They realized that they could offer their labour in urban employment in exchange for wages (UNHABITAT 1996).

The periods between the 1990s and early 2000 were periods of urban crises as the increase in population was not matched by supply of basic infrastructure and social service (UNDP, 2001). As a result, there was decline in formal employment increase in the informal sector activities, deterioration in security and services, which manifested in proliferation of unplanned settlements, overcrowding and deterioration of the existing housing stock (UN-Habitat 2006). This trend has been attributed to the weaknesses of government policies in many developing countries who have taken greater interest in promoting mode of plot acquisition reform acts in settlement pattern of their cities. This emphasis on land acquisition acts has emerged for reasons that saw land acquisition acts reforms as the nationalization of land that many African countries engaged in especially in the 1970s.

The promulgation of the 1978 Land Use Act therefore vested all lands in each State of the federation in the governor of the State in trust for use and common benefits of all Nigerians. That is, the government is empowered by the Act to acquire land for development purposes. By the provision of the Act, the State governor replaces the individual, family heads, community heads or any other traditional ruler as the trustee of land.

According to (Udo 1990) government has acquired land in the interest of the public at will without justifiable reason. Thus, the customary practices were not favourable to the government; hence land acquisition by the government was frustrated by the customary practice (Uchendu 1979). The promulgation of the Land Use Act was a setup aimed at making land easily available for development purposes and to cut down on the amount of money government may pay as compensation in the event of compulsory acquisition of land from landowners (Ilesanmi 1998).

Before the coming into force of the land use decree there was a lot of formalities before the authority could get the land required for public purposes.There would be need to declare the intension to acquired a certain area of land in a specific public purpose or for several public purpose and the need to identify the owners and when the need was required, red tape prevented the procedure from being telescoped mow, however, since all land is vested in the governor, he only has to declare the area required by the government for public purpose and the acquisition is autocratic. Any such area which may already be subject of rights of occupancy will be considered for compensation. In general no compensation is given for the bare land, but where the occupier pays rent on the bare land. He will be paid on amount equal to the rent paid during the year in which the right of occupancy is resolved (section 24 (4)(a).

The right to acquire, hold and enjoy property is one of the fundamental pillars on which a democratic society rests. Property is not only an economic asset; it has emotional and sentimental value too. The right to property is not however absolute, it is subject to eminent domain; an inherent right of the State to compulsorily acquire private property for common good. Compulsory acquisition is the power of government to acquire private rights in land without the willing consent of its owner or occupant in order to benefit society in exchange for compensation. It evolved as a result of the invaluable nature of land and the important role it plays in the socio-economic development of a country. The acquisition is done under statutory legislation and the act of acquiring aims at general benefit of the community as a whole.

The local government shall have exclusive right to the land so occupied against all persons except the governor. Much emphasis have been placed on  the decree vesting all the land in a state in the Governor of the state, the Governor of a state may refuse the federal government the permission to acquired land compulsorily in the state for the public purpose of the federation. Section 29(4), has taken care of this situation, or provides that governor shall revoke a right of occupancy in the state event of the issue of notice by or on behalf of the head of the federal government that such land is required by the federal government for public purpose.

1.2       STATEMENT OF THE PROBLEMS

Although the Land Use Act of 1978 was meant to usher in a new land reform in Nigeria, it soon became a clog in the wheel of development over the years. This was more so because the Military Government which promulgated it also ensured it was embedded in the Constitution of the country. Thus, any attempt to rectify its inadequacies required a constitutional amendment. There were thus many protests both to have the Act expunged from the constitution and to amend it in very many substantial way. In Nigeria, the Land Use Act 1978 provides and set out guidelines through which lands may be compulsorily acquired from land owners. The constitution of the Federal Republic of Nigeria also alludes to revocation of rights and interests in land. Conversely, Compensation is based on the theoretical basis of the inalienable right of an individual to acquire and own property. This means that no private property right can be compulsorily acquired by the State without payment of compensation to assuage the loss to the owner of the property. Compensation, when used in the context of deprivation of land, means recompense or amends. It is the sum of money which the owner would have gotten had he sold the land on the open market plus other losses which results from the acquisition process. However, this were not usually the case as majority of lands owners are dispossessed of their property or inheritance without compensation from the government. Hence the need for this study to critically examine the problems and prospect of compulsory acquisition and compensation under the land use act of 1978.

1.3       AIM AND OBJECTIVES

The aim of this study will be to examine the problems and prospect of compulsory acquisition and compensation under the land use Act of 1978.

In order to achieve this aforementioned aim, the following objectives will be pursued.

1. To examine the origin and concept of land tenure system in the Nigeria.
2. To appraise compulsory acquisition and compensation under the Land Use Act of 1978.
3. To examine the effectiveness of compulsory acquisition and compensation under the Land Use Act.
4. To identify the problems inherent with compulsory acquisition and compensation under the Land Use Act.

1.4       RESEARCH QUESTIONS

In the course of this study, the following questions shall be addressed;

1. What is the land tenure system in the Nigeria?
2. What is compulsory acquisition and compensation under the Land Use Act of 1978?
3. What is the process of compulsory acquisition and compensation under the Land Use Act of 1978?
4. What are the problems inherent with compulsory acquisition and compensation under the Land Use Act?

1.5       SIGNIFICANCE OF THE STUDY

The result of this research will educate the general public on the relevance of land or property acquisition, ownership, compensation and transfer of right ownership by government either at the federal, state or local government level for the good of the general public.

It will sensitize the policy makers and the government on the need to make and implement policies that will positive affects property owners and the general public as regards compulsory acquisition, ownership, transfer of ownership and compensations.

This research will also serve as a resource base to other scholars and researchers interested in carrying out further research in this field.

1.6       SCOPE AND LIMITATION

The scope of this research is on the problems and prospect of compulsory acquisition and compensation under the land use act of 1978 in Nigeria with particular interest in Nasarawa town, of Nasarawa State.

Limitations

In the course of this study the researcher was faced with some constraints which major include time, financial constraints, and non-availability of required data for the study.

1. Time Constraint: There is insufficient time available for the researcher to go round the study area in gathering and collecting all relevant data required for the writing of this project work as the researcher is expect to carryout the research and at the same time attends to academic activities in the study.
2. Financial constraints: This research work is limited to Tammah Nasarawa town due to insufficient funds of the research, such as cost of transportation, purchase of materials such as papers, biros, cost of taping, printing etc..
3. Non-availability of Data and Attitude of Respondents: It is obvious that some respondents are ignorance about what the study is all about, while those who are knowledgeable enough shows a look warm attitude towards the research .

1.7       OPERATIONAL DEFINITION OF TERMS

REVOCATION: – This means to cancel, repeal or withdraw certain recognition. Under the Land Use Act 1978 in Nigeria, a right is given to a State Governor to revoke right of occupancy for overriding public interest.

COMPENSATION: – Oxford Advance Learners Dictionary explains compensation to be something, especially money that somebody gives you because he/she has hurt you or damaged something you own. It means to place in the hands of the owner expropriated the full value equivalent of the thing which he has been deprived.

TITLE:- This is a right under the law, given to an owner of a landed property. It could be a statutory or customary right of occupancy.

ACQUIRING AUTHORITY: -These are bodies/ Agencies empowered by legislation(s) to acquire land for its activities.

OWNERSHIP: Ownership is the state of owning something. Anything that people own or possess gives them the quality of ownership. This can also refer to the right of an individual to own a property.

TRANSFER OF OWNERSHIP: Transfer of ownership is the means by which the ownership of a property is transferred from one hand to another. This includes the purchase of a property, assumption of mortgage debt, exchange of possession of a property or any other land trust device.

1.8       THE HISTORICAL BACKGROUND STUDY AREA

Nasarawa state was created in 1996 out of neighbouring Pleateau state. the state known as the home of solid mineral’ has 13 local governments and these are awe  , Akwanga, Doma, Karu, Keana, Keffi, Kokona, Lafia, Nasarawa-Eggon, Obi, Toto, And Wamba.

nasarawa state was one of the six states  created in 1996 by the military regime of late general sani abacha.the state was carved out of the top old plateau state and ever since it was created,the state has growth to become one of the top tourist states with its magnificently beautiful landscapes and spectacular highlands.

farming is the main occupation of the people of the state and crops produced include cassava, yam, rice, maize, guinea corn, beans, soya beans, asha and millet.the state is blessed with precious mineral resources like columbite, coal, and aquamarine.

nasarawa state has a total land area of 27,137.8sqkm and it shares borders in the west by the federal capital territory Abuja, in north by kaduna state, in south by Benue and kogi state.and in the east by plateau and taraba states.

Nasarawa’s main economic activity is agriculture; cash crops such as salt is also another major economic activity in the state. Nasawara produces a large proportion of the salt consumed in the country.

PHYSICAL CHARACTERISTICS

The major things considered under physical characteristics of Nasarawa are, geographical location, temperature, rainfall, geology, wind, vegetation, humidity, soil.

TEMPERATURE

The temperatures are generally high during the day, particularly between the months of March and April. The main monthly temperatures in the state range between 20⁰C and 34⁰C with the hottest months being March/April and the coolest months being December/January.

RAINFALL

The study area experience dry season without or little’s rainfall from November to March of about 95mm, which is wet season is from April to October of about 1.30mm,

GEOLOGY

From the Jos Plateau, this comprises of basement complex metamorphic rocks, granite and basalt of two or more ages. The basement complex is covered by shadow soil.

WIND

Nasarawa local government is determined by the seasonal movement on inter-tropical convergence zone [ITCZ], which represents the moving frontier between the moist Atlantic air from the south and the dry air from the north. In the dry season from November till March the north east wind are dominant. For the remaining of the year, the south-western winds are prevailing. Generally, the wind velocity is relatively low.

VEGETATION

Nasarawa is situated in the Benue valley between the Benue river and Jos Plateau. This area lies within the part of southern guinea savannah. The vegetation of Nasarawa has, to a large extent resulted from extensive agricultural use of the land, the predominant vegetation type is partly savannah which is characterized by a discontinuous canopy, shrubs and grasses many areas are affected by man through bush burning during the dry season. Among the common trees are oil bean trees, locust bean free and isoberline trees.

RELATIVE HUMIDITY

The relative humidity is the measurement of deepness of the atmosphere which varies from place to place and different time of the day. The level of humidity in Nasarawa state in January is quite less that 40% which rises as from February to July to about 88%. By April when the steady rain commences it will be about 75% by August when the inter-tropical discontinuity is at it northern part, must position of the entire state will experience tropical marine wind and continues till December.   

SOIL

The major soil units of Nasarawa belong to the category of oxisols or tropical ferruginous soils. The soils are derived mainly from the basement complex and old sedimentary rocks. Lateritic crust occurs in extensive areas on the plains while hydro orphic soils (limbic incept sols) occur along the flood plains of major rivers (Nyangba, 1995).

SOCIO-ECONOMIC CHARACTERISTICS

Nasarawa main economic activity is agriculture; cash crop, such as yam, cassava and egusi (melon). Production of minerals such as salt is also another main economic activity of people in the state; Nasarawa produces a large proportion of the salt consumed in the country.

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