Compulsory Acquisition – Long before the establishment of a more sophisticated form of government around the world, land ownership has always been attributed to individuals/families (some of which are the first settlers in that location). By default, these families usually have the rights to sell from their lands, use it to generate economic value or keep it.
However, the desire to achieve sustainable development changed the above narrative in almost every country of the world as they progressed. As the government became more powerful, so does its responsibility increases. Part of its responsibility is the provision of solid infrastructures that will guarantee an increase in the standard of living, increased safety from insecurities and natural disasters, a better health care facility for her people and many more. Most of these functions can only be significantly achieved if the government acquires appropriate land from its original owners.
Of course, the Land Use Act of 1978 transferred the ownership of land to the state; to hold the land in public interest. Nonetheless, individual citizens are still in possession of such land as long as they have a Certificate of Occupancy signed by the Governor or Chief Executive of the state. Therefore, if there is a need for Compulsory Acquisition (a public project that requires the need to take part or all of people’s land or evacuation of people from a particular area for other reasons which also falls under public interest), the government must strictly adhere to the compensation terms specified in the Land Use Act and also provide a robust plan which ensures that the affected individuals/corporate bodies are adequately compensated.
To avoid conflicts and many other vices that might arise from compulsory acquisition, the government must explain to the inhabitants in clear terms about the benefit of such projects and why their land was chosen. Of course, such government projects may bring overall good to society, but they will immediately disrupt the lives of the affected individuals. As the proposed location may be their home, farmlands, business site, religious centre or a place with cultural and ancestral affiliation.
Has the Nigerian Government been paying the statutory compensation payable to the initial occupier of Compulsorily Acquired land? Is the formula for valuing the affected land just and which body has been overseeing this valuation?
To successfully value the affected land, there must be a certified Estate Surveyor or valuer who also takes into consideration, the possibility of a delay in payment and the monetary cost of such delay when valuing the property.
What are the effects of delayed compensation and Under-compensation in Nigeria?
We as a nation have not been the luckiest of people when it comes to having a good and accountable leader. Without glancing through the court cases against the Nigerian Government about their unwillingness to compensate victims of compulsory acquisition, so many instances can be drawn. The forceful eviction of the settlers of Maroko still feels like yesterday. Not only were they not compensated for forcefully evicting them from their land, but the announcement that their land will be taken was also heard via the media. Up till today, the survivors are yet to be compensated. Similar cases like this exist in every part of the country. Let’s examine some of the consequences that are birthed by this insincere practice:
- Unwillingness to invest in the Economy: While the inhabitants are the most affected persons, the government also experiences a dip in revenue generation. The continued unwillingness of the government to compensate individuals/corporate bodies that are affected by forceful eviction makes investors wary of investing in that society.
- Opportunities for corruption to further excel: Desperate times call for desperate measures. The seeming lack of protection against affected individuals might make them vulnerable to greedy government officials who might be giving them false hope in a bid to convince them to part away with their hard-earned cash.
- Delayed Projects: In situations where the victims have a strong legal representation, the unwillingness of the government to fully compensate the affected individuals almost always delays the project. Even if the government eventually compensates the victim, they will have to spend more than the budgeted amount to complete the project.
- Strip the Government of its Legitimacy: The Government’s continued decision to violate the Compulsory Acquisition terms will also strip legitimacy from her. As time goes on, people’s regard for constituted authority will become nonexistent.
- Increased Insecurity in the society: Apart from the possibility of witnessing a violent protest from the affected individuals and the destruction of Government property, the displaced persons might also turn to crime as their new means of livelihood.
While the land is obviously held in trust by the Governor of each state (See Land Use Act, 1978), the government should not lay claim to any parcel of land until the proper procedures for Compulsory Acquisition are fully executed. Government’s decision to under-compensated or not compensate will not benefit anyone