Limitations in Land Use Act Restrict Adequate Compensation, Says CLARAN

Bennett Oghifo 

A group,, the Coalition for Land Rights Advocacy In Nigeria (CLARAN) yesterday called for amendments in the Land Use Act to ease the thorny issue of appropriate compensation when the government acquires private land for public use.

This was an outcome of  CLARAN’s Public Interest Convention Regarding Lagos-Calabar 700KM Superhighway Land Acquisition, 4th Mainland Bridge Right Of Way Acquisition and the Building Permit 90 Day Amnesty Window., which took place yesterday. 

Discussing ‘Land Acquisition, Compensation in Nigeria: Addressing Injustices, Challenges, Ensuring Equity’, the group said, “The issue of land acquisition and compensation in Nigeria has long been a topic of concern, with implications for property rights, economic development, and social justice. In a comprehensive analysis in our paper presentation today, We have shed light on the complexities of this issue and propose recommendations for reform.

“The study, authored by a team of legal scholars, land experts, and human rights advocates, delves into the legal, institutional, and socio-economic factors shaping land acquisition and compensation processes in Nigeria. Drawing on constitutional provisions, legislative frameworks, and case law, the analysis highlights key challenges and gaps in implementation, as well as opportunities for reform.

“Land acquisition for public or private development projects is a critical process that affects the rights and livelihoods of millions of Nigerians,” said Sir Sola Enitan, a Legal Practitioner and Renowned Valuer, Chairman of the Coalition for Land Rights Advocacy in Nigeria and lead author of the study. “Ensuring fairness, transparency, and accountability in this process is so essential for upholding property rights, promoting inclusive development, and fostering social cohesion.”

Key findings from the study include:

Legal Framework: The Constitution of the Federal Republic of Nigeria and the Land Use Act provide the legal foundation for land acquisition and compensation. However, gaps in implementation and inconsistencies with constitutional provisions pose challenges to effective governance.

Compensation Regime: While compensation is mandated for land acquired for public purposes, limitations in the Land Use Act restrict compensation to unexhausted improvements on the land. This raises concerns about fairness, equity, and constitutional compliance.

Challenges and Opportunities: Issues such as inadequate compensation, procedural shortcomings, and conflicts between stakeholders are prevalent in land acquisition processes. However, opportunities exist for legislative reforms, institutional capacity-building, and stakeholder engagement to address these challenges.

In response to these findings, the authors propose a series of recommendations aimed at promoting fairness, transparency, and accountability in land acquisition and compensation processes. These recommendations include: Legislative reforms to align land laws with constitutional provisions and international standards.

Strengthening institutional capacity and resources for effective land governance and dispute resolution.

Enhancing community participation and stakeholder engagement in decision-making processes.

Improving transparency and accountability mechanisms for monitoring and evaluating land acquisition projects.

“As Nigeria continues to undergo rapid urbanization and infrastructure development, it is crucial to prioritize reforms that protect property rights, promote social justice, and advance sustainable development,” said Dr Fisayo Oyedeji, a Legal Practitioner, co-author of the study. “By working together and adopting inclusive, participatory approaches, we can build a more resilient, equitable, and sustainable land governance system for the benefit of all Nigerians.”