CHALLENGES OF COMPENSATION IN THE ACQUISITION OF LAND FOR INFRASTRUCTURAL DEVELOPMENT IN ABUJA, NIGERIA
ESV OJUTALAYO Adeola Adisa
The increase of Influx into Abuja from different parts of Nigeria exerts more pressure on the available infrastructures, therefore there is a need for more provision of the same which have to be provided on land, hence there is a need for revocation of Rights of Occupancy according to section 28 of the land use Act 1978 on land for overriding public interest. However, the Act enshrined in the constitution stipulated the payment of compensation to those whose interest is revoked and compulsorily acquired for overriding public interest.
Compensation, which is defined as a lump sum of money paid to whose interest in land is revoked for overriding public interest. And, it meant to place the affected person in the position he was before the compulsory acquisition but not to worse off his condition. It is recompense for the loss sustained as a result of the acquisition. Compensation is complementary to infrastructural development because without it the development of Infrastructure will not be possible as a result of protest and it is even a fundamental Right under the 1978 constitution, Section 29 subsection 1 and 2.In addition, Section 29 sub 4 states the heads of claim(items to be paid for)when is compulsorily acquired, they are Land(ground rent paid in the year of revocation), Crops and Economic trees, Structures, Installations and any other improvement( as long as evidence of the expenses incurred is provided.
However, Infrastructure facilities can be defined as the basic system and structures that are necessary for operation and development of a society or organization. Examples are, transport system; energy system; water management systems; communication systems; public buildings; housing and urban development and waste management systems.
Also, the process of compensation is procedural as due process is always adopted with cognizance to the provisions of Land Use Act but the success of the procedure cannot be without challenges which are as follows,
The problems attributed to compensation were linked to the process of acquisition which is always very poor and lacks transparency in the area of servicing of notices of Acquisition, public awareness, and prompt payment of compensation.
Land acquisition law does not recognize squatters or informal occupants of land for compensation as requirements needs to be met In Abuja, especially for structures for compensation to be paid.
Inadequate compensation as a result of the statutory method of valuation adopted as stipulated by the Land Use Act
Inadequate funding of the department statutorily responsible for compensation payment especially for government projects which always leads to delay in payments.
Provision was not made for injurious affection, disturbance, and severance to mention just a few which culminated to underpayment to the claimants. On review of approved rates to commensurate with the rate of inflation.
In other words, this write-up will not be completed without recommending solutions to the identified problems which are,
The process of acquisition should be strengthened and transparent in the area of servicing of notices of acquisition; there should be adequate sensitization of the communities to be affected.; there should be timely provisions of funds to avoid delaying payments; regular review of rates to take care of inflation, the provision of the Land Use Act of 1978 about the adoptable method of valuation should be reviewed by the National Assembly to avoid litigation and other problems related to compensational lastly, the acquiring authority should strengthened their data processing to avoid future delay of work and payment.
In conclusion, for successful infrastructural development, there is a need for compensation to be paid to the affected claimants.
ESV OJUTALAYO, Adeola Adisa is a registered estate surveyor and valuer.
