Journal of Contemporary Urbanology

THE PLACE OF EQUITY IN COMPULSORY LAND ACQUISITION IN NIGERIA

OVEDEJI, Joseph Oyewale (Department of Estate Management, Bells University of Technology, Ota, Ogun state, Nigeria diranjosh@yahoo.com, +2348138451880 or +2348132397861).

Abstract

Payment of compensation to owners of properties being acquired is a major component of compulsory acquisition. However, the amount paid must be fair, equitable and adequate. This study examines equity in the compulsory land acquisition system in Nigeria. Primary data for the study was gathered from interview conducted with a principal officer in charge of compulsory land acquisition at the Federal Ministry of Lands and Urban Housing, Nigeria. Comparative study of five commonwealth countries was carried out. Their Laws were considered and reviewed. Equity in compulsory acquisition was analyzed based on the following criteria; legislative equity, administrative equity and financial equity. It was discovered that the compulsory acquisition system in Nigeria failed the test of legislative, administrative and financial equity. It was recommended that the law governing compulsory acquisition should be reviewed in order to change the basis of valuation for compulsory acquisition to open market. Also, the law should be reviewed to make provision for compensation of injurious affection, disturbance and other form of losses. In addition, due process should be enforced in the administration of compulsory land acquisition.

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