Illusory Nature of The Concept of Compensation under The Land use Act in Nigeria

Transcription

1 Illusory Nature of The Concept of Compensation under The Land use Act in Nigeria Akintola John Oluwasegun And Adeyemi-Balogun, M. O. J Department of Private Law, Department of Jurisprudence and International Law Faculty of Law, Olabisi Onabanjo University; Ago-Iwoye. Ogun State. 1.0 ABSTRACT In Nigeria, ownership of land is vested in the Government but this does not foreclose an individual land holder from exercising rights over a land (property) to the exclusion of any others in form of a loose ownership. However such land may be compulsorily acquired in the overriding interest of the public by Government. Where such occurs the law imposes prompt payment of compensation to the land owner or holder as compensation is at the heart of compulsory acquisition and that it aims to repay affected parties for the losses they suffer as a result of the process.. In reality, land owners most times do not receive prompt compensation or no compensation at all until there is a suit to that respect. Even when the compensation is paid, it is usually insufficient in terms of value of the land compulsorily acquired and for which compensation is being paid. This paper will attempt to establish the lacuna or inadequacy inherent in the provision of the Land Use Act, 1978 on compensation upon compulsory acquisition for overriding public interest and also discusses the need for prompt and adequate payment of compensation in the modern day Nigeria to conform to internationalbest practice. 2.0 INTRODUCTION From time immemorial through the period of agriculture to the period of industrial development, land has remained the most valuable property in the life of a man and his development. It is a source of wealth to those who have it and suffice to say that virtually all the basic needs of human existence are land dependent, hence access to land and land 1

2 management have significant implication for development of man as well as society. Land being a source of wealth and a platform for human activities, land governance is one of the central requirements for economic development; therefore government enacts laws to govern the use or administration of land. 1 In Nigeria, the current legislation regulating the use of land is the Land Use Act, and the Act vests all land in each state in the state's governor to be held in trust and administered for the use and common benefits of all Nigerians in accordance with the provisions of the Actleaving the private individuals with an interest in land tantamount to right of occupancy, this is construed on the need to secure and make the use and enjoyment of land and the natural fruits there from available for all Nigerians. Furthermore, under the Act, the government has power to revoke a right of occupancy for an overriding public interest 3 upon the service of a notice of revocation as required by law 4 while the affected holder of the land is entitled to compensation. 5 The Constitution 6 also alludes to revocation of rights and interests in land by acquiring authority and also provides for the prompt payment of compensation to those whose interests have been revoked. 7 In the same vein, the African Charter on Human and Peoples Rights 8 also guarantees the right to property 9 and also provides for the free disposition of wealth and natural resources and be entitled to adequate compensation. 1 Silayo, (2009) Urban land policies for the poor in East and Southern Africa. A paper presented at the World Bank Conference on Land Governance in support of the Millenium Development Goals at Washington D.C. available at last accessed on 21st February, Land Use Act, 1978 now Cap. L5, Laws of Federation of Nigeria (LFN), (Hereinafter referred to as the Act ). 3 Section 28 (1) of the Act. 4 Ibid. Section 28 (7). 5 Section 29 (1) of the Act and Section 44 (1) (a &b) of the Consitution of the Federal Republic of Nigeria, 1999 (as amended). 6 The Constitution of the Federal Republic of Nigeria 1999 [as amended]. (Hereinafter referred to as the Constitution ). 7 Section 44(1) (a) of the Constitution. 2

3 From the above, it is observed that the right to property is not absolute; it is subject to an inherent right of the State to compulsorily acquire private property for common good of the citizens. 10 The compensation paid to the affected is probably premised on the philosophy that no individual should be personally and exclusively burdened by the need to provide for the common good of all in the society. 11 Compensation, when used in the context of revocation of land, means recompense. It is a fair payment by the Government for property it has taken under eminent domain. 12 The property s fair market value, so that the owner is not worse-off after the taking. 13 It is trite that compensation is an integral part of of the process of compulsory acquisition of land in Nigeria. In AhmaduFalke V. Billiri Local Government Council & Ors, 14 It was held inter alia that payment of compensation is a condition precedent to the validity of any such acquisition. Also in Clifford Ebere& Ors V. Imo State University & Ors, 15 It was held inter alia that: Compensation remains an integral part of the process of compulsory acquisition of land in Nigeria. It is for this reason that payment of compensation is provided for both statutorily and by judicial pronouncements 8 See Aritcle 14, African Charter on Human and Peoples Right (1986). This has been domesticated in Nigeria via African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act N0. 2, Now Cap. A9 LFN Ibid. Article 21(1). 10 Ghosh, A., (1973) The Land Acquisition Act 1894-Law of Compulsory Acquisition and Compensation, (Sixth Edition, Eastern Law House) cited in Otubu A., Compulsory Acquisition Without Compensation And The Land Use Act. Available at Without_Compensation_and_the_Land_Use_Act last accessed on 22 nd February, Otubu A., Private Property Rights and Compulsory Acquisition Process in Nigeria: the Past, Present and Future. Available at http/journals.univ-danubius.ro/ index. php/ juridica/article/download/1504/ p. 8 last accessed on 30 May, It is the power of government to revoke right of occupancy or compulsory acquisition of land depending on the on a country s legal traditions, including eminent domain, expropriation, landtakings and compulsory purchase. 13 Garner, B. A. (Ed.) Just Compensation (1999) 7th Edition, West Group, St. Paul, Minnesota, p [2016] LPELR-40772(CA). 15 [2016] LPELR-40619(CA). See also National Universities Commission v. Oluwo [2001] 3 NWLR (Pt. 699) at p

4 in countless decisions of Court. Where a party's right of occupancy has been revoked in compliance with existing law, the occupier or holder is entitled to be paid compensation promptly and the law gives to any person claiming such compensation a right of access to a Court of competent jurisdiction 16 The Act 17 as well as the Constitution provide for compensation to affected land owners/holders but whether such compensation is paid by the government to affected persons at all or when paid, whether such payment is prompt and adequate at all has remained a problem because the payment of compensation when rights of occupancy are revoked for overriding public interest are observed more in breach. 3.0 COMPENSATION UNDER THE LAND USE ACT. The provisions of the Land Use Act on compensation payable on revocation of right of occupancy by acquiring authority are found in section 29 and it provides as follows: 1. If a right of occupancy is revoked for the causes set out in paragraph (b) of subsection (2) of section 28 of this Act or in paragraph (a) or (c) of subsection (3) of the same section 18 the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvement. 2. If a right of occupancy is revoked for the cause set out in paragraph (c) of sub section (2) of section 28 of this Act or in paragraph (b) of subsection (3) of the same section 19 the holder and the occupier shall be entitled to compensation under the appropriate provisions of the Minerals Act or the petroleum Act or any legal legislation replacing the same. 16 Ibid. Ratio Section 29 of the Act. 18 The requirement of the land by the Government of the State or by a Local Government in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public purposes of the Federation or the requirement of the land for the extraction of building materials. 19 The requirement of the land for mining purposes or oil pipelines or for any purpose connected therewith. 4

5 3. If the holder or the occupier entitled to compensation under this section is a community the Governor may direct that any compensation payable to it shall be paid: a. to the community; or b. to the chief or leader of the community to be disposed of by him for the benefit of the community in accordance with the applicable customary law; or c. into some fund specified by the Governor for the purpose of being utilised or applied for the benefit of the community. 4. Compensation under subsection (1) of this section shall be as respects- (a) The land, for an amount equal to the rent, if any paid by the occupier during the year in which the right of occupancy was revoked; (b) buildings, installation or improvements thereon, for the amount of the replacement cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer; c) Crops on land from any building, installation or improvement thereon, for an amount equal to the value prescribed and determined by the appropriate officer. 5

6 5. Where the land in respect of which a right of occupancy has been revoked forms part of a larger area, the compensation payable shall be computed as in subsection (4) (a) of this section less a proportionate amount calculated in relation to that part of the area not affected by the revocation, but of which the portion revoked forms a part and any interest payable shall be assessed and computed in the like manner. 6. Where there is any building, installation or improvement or crops on the land to which subsection (5) of this section applies, then compensation shall be computed as specified here under, that is as respect- (a) (b) Such land, on the basis specified in that subsection; Any building, installation or improvement or crops (or any combination of two or all of those things) on the basis specified in that subsection and subsection 4 of this section, or so much of those provisions as are applicable, and any interest payable under those provisions shall be computed in like manner The above section provides for compensation right for land revoked or acquired for overriding public interest but it is observed that compensation is limited to the value of their unexhausted improvements at the date of revocation. 20 For a better understanding of compensation rights, it is imperative to define land, the Property and Conveyancing Law of Western Nigeria 21 states that: land includes land of any tenure, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way), and other corporal hereditaments; also a rent and other incorporeal hereditaments; and an 20 Section 29(1) of the Act. 21 Cap. 100 laws of W.N

7 easement, right, privilege or benefit in, over, or derived from land, but not an undivided share in land. 22 This definition led credence to the latin maxim in the general principle of Land Law; quicquidplantatorsolosolocedit (whatever is affixed to the soil, belongs to the soil). Irrespective of how much is paid to acquire the land, whether from the State or not, one cannot be compensated for it value to the State, save the rent paid to the State on the land in the current year of acquisition. 23 The compensation will be as accessed by prescribed method of assessment as determined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer. 24 This negates the general principle of land law that whatever that is affixed to the soil belongs to the soil because the government owns land and individual owns attachments. This restrictive provision is inconsistent with the provisions of the Constitution which is the grundnorm in Nigeria. 25 Section 44(1) of the Constitution provides that: No moveable property or any interest in an immovable property shall be taken possession of or acquired compulsorily in any part of Nigeria except in the manner which is subject to payment of adequate compensation promptly. This section stipulates adequate compensation while Section 29(4) of the Act says compensation simpliciter. 22 Ibid. Section 2. See also C.O. Olawoye (1974), Title to land, (Evans Brother Ltd).p Otubu A., Compulsory Acquisition Without Compensation And The Land Use Act, Available at e_ Land_Use_Act last accessed on 22 nd February, Section 29(4) of the Act. 25 Okonkwo: A Closer Look at the Principles Under the Land Use Act, available at last accessed on 22 nd February,

8 Furthermore, the specification that for land compensation shall be for an amount equal to the rent, if any paid by the occupier during the year in which the right of occupancy was revoked; is worrisome because rent can never be equal to value. In practice, it appears the Act is displacing the Constitution. How can one justify the fact that an individual s property is compulsorily acquired and adequate compensation is not paid? It is double jeopardy. 26 The next question is whom the appropriate officer is? An officer appointed by same government. One may ask how independent this officer will be. 27 Another worrisome issue is that of method of evaluation. A study conducted by Nuhu 28 showed that compensation mostly paid to affected people is grossly inadequate. Most times compensations are not paid at all, for instance, in Odozi road, Sango-Ijoko road, Alagbole, Yakoyo road, Akute-Ojodu in Ifo Local Government Area of Ogun State, Senator IbikunleAmosun led administration in a bid to improve the road networks in order to ease traffic congestion in that part of the State carried out demolition to clear structures but it was gathered that the affected property owners alleged that they were not compensated at all or map out a settlement plan for them. 29 Furthermore, in Abuja for instance the administration of Mallam El-Rufai, demolished a lot of building and revoked lots of lands allotted by area council for arguably lack of power by the Council Chairmen to make such allocations leaving helpless Nigerians with lots of losses without compensation from either quarter Ibid. 27 Ibid. 28 Nuhu, M.B., (2008) Compulsory Purchase and Payment of Compensation in Nigeria: A Case Study of Federal Capital Territory (FCT) Abuja. Nordic Journal of Surveying and Real Estate Research, Special Series, Vol. 3. Available at: last accessed on 21st February, Samson Folarin, The Punch, Tuesday, 22 nd October, Available at buildings-demolished-for-ogun-road-projects/ last accessed on 8 July, Otubu.A., Compulsory Acquisition Without Compensation and the Land Use Act, available at Land_Use_Act last accessed on 22 nd February,

9 Another worrisome section of the Act is the half hectare rule. 31 Prior to the promulgation of the Land Use Act there was no limitation on the quantum or size of land or estate owned by individual citizens in Nigeria. There was unfettered right to own land irrespective of the size and location. The promulgation of the Act introduced size and location restrictions on land occupation in the country. 32 The Act provides that where on the commencement of this Act the land in urban area is undeveloped, then one plot or portion of the land not exceeding half of one hectare in area shall 33 continue to be held by the person in whom the land was so vested as if the holder of the land was the holder of a statutory right of occupancy granted by the Governor in respect of the plot or portion as aforesaid under this Act; and all the rights formerly vested in the holder in respect of the excess of the land shall on the commencement of this Act be extinguished and the excess of the land shall be taken over by the Governor and administered as provided in this Act. 34 In determining the portion of land to be extinguished, the Act further provides that where such person also is the holder of any undeveloped land elsewhere in any urban area in the State and in respect of such a person all his holdings of undeveloped land in any urban area in State shall be considered together such that one plot or portion not exceeding half a hectare in area shall continue to be held by such a person as if a right of occupancy had been granted to him by the Governor in respect of that plot or portion. However, the remainder of the land (so considered together) in excess of half a hectare shall be taken over by the Governor and administered in accordance with the provisions of the Act so that the rights formerly vested in the holder in respect of such land will be extinguished. 35 The Act makes no provisions for 31 Section 34(5) of the Act. 32 Otubu A. op.cit. 33 Subject to subsection (6) of this section 34 Section 34(5) of the Act but this is subject to subsection (6) of this section. 35 Section 34 (6) (a) (b) of the Act 9

10 any form of compensation to be paid to those affected by this provision. It is purely a penal provision against property investment and the use of land as a store of value contrary to trite economic tenets. 36 The situation is made worse by section 47 (2), it ousts the jurisdiction of courts to question the adequacy of this compensation and provides that No court shall have jurisdiction to inquire into any question concerning or pertaining to the amount or adequacy of any compensation paid or to be paid under this Act. This is unfair to the landowners and an infringement on the property rights of the citizens of Nigeria which is against the spirit and the tenets of democracy. Furthermore, Section 30 provides that Where there arises any dispute as to the amount of compensation calculated in accordance with the provisions of section 29, such dispute shall be referred to the appropriate Land Use and Allocation Committee which members are appointed by the state governors. It is a case of being a judge in her own cause and the law is that one cannot be a judge in his own cause. 37 The government here is a judge in her own cause. 38 It is our firm view that this provision conflicts with the private property rights and negates compensation principles enshrined in the Nigerian Constitution, 39 but it seems section 1 (3) of the Constitution is not applicable here, this is worrisome. Furthermore, the Act excludes the compensation assessment for oil and mineral acquisitions from the provisions of the LUA and rather refers the valuer to the applicable statute. 40 Some 36 Otubu A. op.cit. 37 nemo judex in causa sua. 38 Otubu A. op.cit. 39 Sections 43 & 44 of the Constitution. 40 Section 29(2) of the Act. 10

11 of the applicable Statutes on compensation for acquisition of land for mining purposes or oil pipelines or for any purpose connected therewithoil are: 1. Oil Pipelines Act Nigerian Minerals and Mining Act Petroleum Act Oil Pipelines Act. Section 6(3)of the Oil Pipelines Act, 44 provides that the holder of a permit is to take all reasonable steps to avoid unnecessary damage to any land entered upon and any buildings, crops or profitable trees thereon, and shall make compensation to the owners or occupiers for any damage done under such authority and not remedied. Further, in the event that the licence is granted, the Oil Pipelines Act imposes on the holder of a licence, the obligation to pay compensation to any person whose land or interest in land is injuriously affected by the exercise of the right conferred by the licence, for any such injurious affection not otherwise made good. 45 This obligation extends to land not covered in the licence. In the event of dispute as to whether compensation is payable or as to the amount, the Oil PipelinesAct confers jurisdiction on a Magistrate Court exercising civil jurisdiction within the area concerned or in its absence, the High Court to assess and determine the quantum of compensation payable The Petroleum Act 41 Now Cap 07 LFN No 20, Now Cap P10 LFN Cap 07 LFN Ibid. 46 Section

12 Section 9of the Petroleum Act provides for regulations to be made for the purposes of the Act. The Petroleum (Drilling and Production Regulations),Regulations 17(i),(e) and (ii) made in pursuant to this section, provides for fair and adequate compensation. 3.4 The Nigerian Minerals and Mining Act Nigerian Minerals and Mining Act, provides payment of adequate compensation and also refer any question as of his interest in the subject matter of the damage, loss or disturbance and as to the amount of compensation payable for determination to the Federal High Court having jurisdiction in the area in which the subject matter is situate. 47 The above Statutes do not oust jurisdiction of court to determine the quantum of compensation unlike the Land Use Act. It is our firm view that the Act should be reviewed to remove the discrepancy and inconsistency. 4.0 The Land Use Act and International Best Practice The principles that should guide the process for compulsory acquisition and compensation to constitute best practice have been laid by Food and Agriculture Organization of the United Nations. 48 On Valuation and compensation, the guideline summarises as follow: People should be compensated in such a way that they are no worse off than they were before the compulsory acquisition process started. Regulations should be specific enough to provide clear valuation guidelines, but flexible enough to allow room to determine equivalent compensation in all situations. Legislation should define a date for the valuation. Valuation and compensation should be based on both de facto and de jure rights S.113 of Nigerian Minerals and Mining Act, Simon Keith, et al (2008), Food and Agriculture Organization of the United Nations Land Tenure Studies, Compulsory Acquisition of Land and Compensation available at last accessed on 25th February,

13 Compensation should be calculated on the basis of what would have occurred had the land not been acquired. The valuation and compensation should not reflect changes in the value of the land arising solely from the project itself. If market value forms the basis of compensation, laws must clearly state how market value will be assessed and determined. People should be compensated for the loss of any land, and also for all improvements to the land and crops, trees, and other natural resources. Where communities lose access to sustainable resources such as forests, waterways or grazing lands, they should be provided with replacements in kind or compensated for per capita yearly use. People should be compensated for disturbances and disruption, including removal expenses and other costs, which result from the compulsory acquisition process. People should be compensated for the costs of any disturbance, disruption, or damage caused by the project on their remaining land. Vulnerable groups should be provided with training or financial support if the acquisition results in the loss of their livelihoods. The acquiring agency should take steps to ensure that there are a sufficient number of independent valuers and advocates to help people to assess their compensation claims. People should receive full payment of the agreed upon compensation sum in a timely manner. 49 Where occupants have no recognizable legal right or claim to the land occupied, they may be entitled to resettlement assistance and to compensation for assets other than land. Some form of fair payment for squatters is important, particularly where they are poor, are driven to informality out of necessity, and especially where government has condoned or encouraged the settlement in the first place 13

14 People should have prompt, unrestricted rights to appeal to an independent body, including for the delay of payment without good cause. Hearings should take place at a time and place and in a language convenient to people. Governments should provide assistance to people to enable them to use the appeal procedures to protect their rights. Possession should not be taken unless at least a substantial percentage of the agreed upon compensation offer has been paid. If the remainder is unpaid, interest on the remainder should accrue from the date of possession. People should be given a reasonable time to vacate, while respecting the need to keep to the project schedule. Farmers should be allowed time to harvest that year s crops, or receive full compensation for the crops. A clear time-limit should be placed to ensure that that the acquisition process is not unduly long. The Act does not make provision for compensation for the loss of land but for improvements to the land, also, the Act only provides for economic crops and trees to be paid for; no provision is made for the medicinal plants and the forest products like socials, mushrooms or wild animals. Most rural dwellers earn a living from such non-timber forest products but since they do not hold any defined property right, they are not compensated. 50 The Act makes no provision for disturbances and disruption, including removal expenses and other costs, which result from the compulsory acquisition process and so many others stipulations above. 50 Akujuru, V. A. (2016) Contemporary Issues in the Acquisition Process Donnish Journal of Research in Environmental Studies Vol 3(1) available at last accessed on 22 nd February,

15 It is imperative to note that in United Kingdom (U.K.), 51 the above stipulations are reflected in her Statutes, 52 similarly the Constitution of Ghana. 53 It is our humble view and submission that the Act has not complied with international good practice and it is suggested that it should be reviewed. 5.0 Conclusion and Recommendation. From the foregoing, it is observed that the Act does not meet the requirements of equivalence and fairness, land owners were left worse than they were before the acquisition since compensation is not paid at all and when paid, could not replace their buildings. Furthermore, the provision of the Act on compensation for acquisition and the methods of valuation therein conflict or inconsistence with the Constitutional requirement and other Statutes mentioned above as well as the international guidelines and best practices and it is on that note that we suggest that the Act should be repealed or reformed in order to meet international regulations which provide for equivalent compensation in all situationsto put back the dispossessed in the position he/she was prior to the acquisition. Akujuru 54 opines that the dispossessed landowners must be compensated for the full value of their interest and be put in the state they were before the acquisition by applying a rational interpretation of the statutory provisions and composing the value more liberally and that a value composition should consist of the following: Cost of construction of equivalent building; Cost of removal of properties to alternative accommodation; Cost of temporary accommodation; 51 Note that U.K. comprises of Scotland and Great Britain, Great Britain also comprises England and Wales. 52 See Planning and Compensation Act 1991, Compulsory Purchase Act, 1965, Acquisition of Land Act 1981, etc. 53 Article 20 of the 1992 Constitution of the Republic of Ghana and The State Lands (Amendment) 2005, Act Akujuru, V. A. op.cit. 15

16 Cost of alternative land; Design costs of replacement accommodation; Cost of securing planning approvals; Local development charges believing that adopting these components will guaranty that the dispossessed will continue to live in as near a situation as money can afford. Compensation should be paid to holders of undeveloped lands, at least to the extent of their investment at securing the land from the state or third parties. This is becauseaffected land owners incurred cost in acquiring the land, even where it is government allocation, cost such as application fee, allocation fee, stamp duty and cost of registration of the title document (Certificate of Occupancy) and it is in tandem with international best practice to put the affected persons back in the same position as they were before the acquisition, no more or no less. 55 Compensation paid should be based on the open market value of the acquired building rather than on a depreciated value. 56 In addition to above, we also recommend that the Land Use Act should be reviewed to conform to principles of international best practice. Moreover, displaced persons should be compensated sufficient enough to replace the lost land and other assets at full replacement cost in local markets. Moreover, aggrieved persons should have option of going to court without any restriction, thus the provision of the Act which ousts the Jurisdiction of the Court to inquire into any question on adequacy of any compensation is a misnomer and it should be expunged. Furthermore, affected land owners or their attorney should be involved in the assessment or bargaining or negotiation of whatever amount would be paid to him.. 55 Ibid. 56 Ibid. 16

17 REFERENCES Akujuru, V. A. (2016) Contemporary Issues in the Acquisition Process Donnish Journal of Research in Environmental Studies Vol 3(1) available at last accessed on 22nd February, Bank Conference on Land Governance in support of the Millenium Development Goals at Washington D.C. available at last accessed on 21st February, C.O. Olawoye (1974), Title to land, (Evans Brother Ltd). Garner, B. A. (1999) (Ed.) Just Compensation (7th Edition, West Group, St. Paul, Minnesota). Ghosh, A., (1973) The Land Acquisition Act 1894-Law of Compulsory Acquisition and Compensation, (Sixth Edition, Eastern Law House). Land Use Act, 1978 now Cap. L5, Laws of Federation of Nigeria (LFN), Nigerian Minerals and Mining Act, No 20, Nuhu, M.B., (2008) Compulsory Purchase and Payment of Compensation in Nigeria: A Case Study of Federal Capital Territory (FCT) Abuja. Nordic Journal of Surveying and Real Estate Research, Special Series, Vol. 3. Available at: last accessed on 21st February, Oil Pipelines Act now Cap 07 LFN

18 Okonkwo: A Closer Look at the Principles Under the Land Use Act, available at last accessed on 22nd February, Otubu A., Compulsory Acquisition Without Compensation And The Land Use Act. Available at Without_Compensation_and_the_Land_Use_Act last accessed on 22nd February, Otubu A.,Compulsory Acquisition Without Compensation And The Land Use Act, Available at out_compensation_and_the_ Land_Use_Act last accessed on 22nd February, Otubu A., Private Property Rights and Compulsory Acquisition Process in Nigeria: the Past, Present and Future.Available at http/journals.univ-danubius.ro/ index.php/ juridica/article/download/1504/ last accessed on 30 May, 2014 Petroleum Act now Cap P10 LFN Property and Conveyancing Law of Western Nigeria, Cap. 100 laws of W.N Section 29(4) of the Act. Silayo, (2009) Urban land policies for the poor in East and Southern Africa. A paper presented at the World Simon Keith,et al (2008), Food and Agriculture Organization of the United Nations Land Tenure Studies, Compulsory Acquisition of Land and Compensation available at last accessed on 25th February, TheAfrican Charter on Human and Peoples' Rights (Ratification and Enforcement) Act N0. 2, Now Cap. A9 LFN

19 The Consitution of the Federal Republic of Nigeria, 1999 (as amended). The Punch,Tuesday, 22nd October, Available at last accessed on 8 July,