CHAPTER ONE
GENERAL INTRODUCTION
1.1.0 Introduction
Human society in the world is
heavily dependent on land and its resources.
It is not an overstatement to say that without land there would be no
human existence. This is because it is
from land that man gets items very essential for his survival such as food,
fuel, clothing, shelter, medication and others[1].
Everyone
requires land for preservation and self actualization within the general ideals
of the society. Land is the foundation
of shelter, food and employment. Man
lives on land during his life and upon his demise, his remains are kept in it
permanently. Even where the remains are
cremated, the ashes eventually settle on land.
It is therefore crucial to the existence of the individual and the
society[2].
From the foregoing, it is obvious
that the life of man and that of the society revolve around land and its
resources. Thus, global recognition of
the relevance of land to the life of man can be gleaned from the proceedings at
the United Nations Conference on Human Settlement (Habitat II) 1996 where many
countries committed themselves to “promoting optimal use of productive land in
urban and rural areas and protecting fragile ecosystems and environmentally
vulnerable areas from the negative impacts of human settlements[3].
There is no land without owner;
the ownership may be individual, corporate, communal or nation at large. Ownership
of land in Nigeria is subject to a range of diverse cultural and traditional practices and customs.
In Nigeria,
ownership of land can be linked with the Treaty of Cession which ceded
the colony of Lagos to the British Crown in 1861, relative to
the customary right of the people. Land was vested in the Queen before
1963 and when Nigeria became a republic in 1963, it was vested
in the hand of the Federal Government[4].
The issue of
acquisition came into play when the colonial government in Nigeria needed
land for developmental purposes and was forced to compulsorily acquire lands from private
owners. The federal government was able to do this by enacting various laws of
compulsory acquisition. Today in the country there are acquisition statutes
beginning with the Public Land Acquisition Act of 1917, through to
the Public Land Acquisition Law, Cap 105 of Western Region, 1959,
to the Public Land Acquisition Act of 1976[5]. This was
the position of the land tenure system in Nigeria until the
advent of Land Use Acting 1978. The Land Use Act, 1978 was
promulgated to bring about uniformity in land tenure system,
ensure availability of land for developmental purposes and more
importantly address socioeconomic problems such as compensation
for lands that were compulsorily acquired[6].
The Land Use Act was promulgated
as Decree No. 6 of 1978[7] by the then Federal Military
Government and came into effect on 29 March, 1978. It is now Cap. L5 Laws of
the Federation of Nigeria 2004 Section 1, Land Use Act Cap 202 Laws of the
Federation of Nigeria, 1990.
The Act was
meant to usher in a new land reform in Nigeria; however, it soon become a clog in the wheel
of development over the years[8]. The Land
Use Act is the medium for land acquisition, and land acquisition is one of the
important elements in the land development process[9].
On the other hand, compensation
is one of the means employed to enforce or redress an injury. It is founded on
the legal maximum “restitutio in integrum” which means to restore the injured
party to the position he was prior to the incident. Compensation can be paid in
various forms as damages, reparation, restitution, rehabilitation or
restoration provided it serves as an adequate recompense for the victims and
the damaged areas of their environment[10].
1.2.0 Statement of the Problem
The overall
land acquisition is in pursuit of the socio-economic development for the public
good[11]. Valuation
for compensation in different parts of the World is often associated with a number of
observable problems. Also noted, the exercise of land acquisition power is not without
controversy. The way in which governments in many developing countries exercise this power especially
for urban expansion,
undermines tenure security, and because little or no compensation is often
paid, it has negative impacts on equity and transparency [12] .
For instance,
asserted that the implementation of the
previous laws governing Public Land acquisition
and payment of compensation in Nigeria has generated controversies, lapses and disputes. Claimants whose
interest has been revoked are
usually left in a position far worse than they were before the revocation. It
is against this background that this study thus concentrates on compensation
under the land use Act 2004 using Adamawa as a Case Study.
1.3.0 Aims and Objectives
The prime aim
and objective of this study is to examine compensation under the land use
act. The specific Aims and Objectives
are to;
i. Investigate the adequacy of
compensation paid to claimants in the study area
ii. Examine the adequacy of valuation
approach used in the assessment of compensation
iii. Assess the challenges
confronting valuers on compensation valuation assignments
1.4.0 Scope of the Study
The scope covered in this study
is limited to the examination of compensation
under the Land Use Act 2004 and Adamawa as a Case Study. This
study is writing basically within the ambit of its title.
1.5.0 Research Methodology
This
study is basically library based. The method adopted for the study is
descriptive analysis and general appraisal and for a thorough exposition of the
subject of the work. The study would source its materials from secondary
sources which include textbooks both foreign and local textbooks, journals,
papers and online materials. Cases will
be cited.
1.6.0 Literature review
This section presents a review of
previous literature on the subject matter. It reviews the compensation under
Land Use Act - land and other laws
affecting land rights are also reviewed, and the concept of ecosystem and the
valuation of environmental goods and services are reviewed as well.
1.6.1 Land
Tenure under the Land Use Act (LUA)
The LUA now known as Cap L5, LFN,
2004, which was enacted in 1978 replaced the plural land tenure. “ Subject to the provisions of this Act, all
land comprised in the territory of each State in the Federation is hereby
vested in the Governor of that State, and such land shall be held in trust and
administered for the use and common benefit of all Nigerians in accordance with
the provisions of this Act.” Based on
this provision, the Supreme Court (the highest court of Nigeria) held inter
alia, that;
1. The Land use Act has removed
the radical title in land from individual Nigerians, families, and communities
and vested the same in the governor[13] of each state of the federation
in trust for the use and benefit of all Nigerians (leaving individuals, etc.,
with ‘rights of occupancy’); and
2. That the Act has also removed
the control and management of lands from family and community heads/chiefs and
vested the same in the governors of each state of the federation (in the case
of urban lands ) and in the appropriate local government (in the case of rural
lands)
The Land Use Act now vests all
land in the territory of each state (except land vested in Federal Government
or its agencies) exclusively in the Governor of the State. The Governor holds
such land in trust for the population and administers it on behalf and for all
Nigerians[14].
The Governor is responsible for
the control and management of land in urban areas; similar powers with respect
to non-urban areas are conferred to Local Governments. Each Governor is
assisted by a Land Use and Allocation Committee for the management of urban
lands, while each local government is assisted by a land advisory Committee for
the management of rural lands.
Since the enactment of the LUA,
the traditional authorities communities have lost their rights and powers and
are no longer able to effectively manage complaints since section 2(1) provides
that “as from the commencement of this Act” –
a) “All land in urban areas shall
be under the control and management of the governor of each state:
b) All other land shall, subject
to this Act, be under the control and management of the local government within
the area of jurisdiction of which the land is situated.”
Compensation for land acquired
under the Act are now paid to the governor of the state where the land is
located[15], and not to the community Headman
as before the Act. Thus the communities hardly receive any portion of the money
paid or have any useful thing done for them out of the compensation. Also when
any pollution or issue occurs, they now only pay compensation for surface
rights like farm crops and not for the land. Such compensations for surface rights are
rarely fair and adequate and have since been noted as one of the causes of
crises in places like the Niger Delta.
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[2] Mabogunje, A. L. (2002). Land Management in Nigeria;
Issues, Opportunities and Threats. National Conference on Land Management and
Taxation. Department of Estate Management, University of Lagos,.
[3] Boykin, J., H. (2001). Land Valuation, Adjustment Procedures and
Assignments, Chicago, IL, Appraisal Institute.
[4] Ilesanmi, F. A. (2008). Master Planning Aproach to
Physical Development The Nigerian Experience. Yola, Paracete Publications Limited.
[5] Acquaye, E. and S. O. Asiama (2006). "Land
Policies for housing development for low income groups inAfrica." Land
Development Studies Vol.3: 127-143
[6] Kalabamu, F. T. (2000). "Land tenure and
management reforms in East and Southern Africa: The case of Botswana."
Land Use Policy Vol. 17: pp. 5-9
[7] Land Use Act of 1978
[8] Okpala, D. C. I. (2009). "Accessibility
distribution aspects of public urban land management: A Nigerian case."
African Urban Studies Vol. 5: pp. 25-44.
[9] Rakodi, C. (2002). " Interactions between
formal and informal urban land management: Theoritical issues and practical
options." Urban Land Management in Africa(Spring Research Series No 40):
11-33.
[10] Smith, R. E. (2003). "Land Tenure Reform in
Africa: A shift to the defensive." Development Studies vol.3(3).
[11] Uchendu, V. C. (2009). "State Land and Society
in Nigeria: A Critical Assessment of the Land Use Decree 1978." Journal of
African Studies vol.6: 62-74.
[12] Udo, R. (2000). Land
use Policy and Land Ownership in Nigeria. Lagos, Ebieakwa Ventures Limited.
[13]
Boykin, J., H. (2001). Land Valuation,
Adjustment Procedures and Assignments, Chicago, IL, Appraisal Institute.
[14] Babawale, G. K. (2013).
Emerging issues in compensation valuation for oil spillage in the Niger delta
area of Nigeria. Journal of reviews on global economics, 2, 31-45.
[15] Akpan, W. (2007). Oil,
People and the Environment: Understanding Land-Related Controversies In
Nigeria's Oil Region.
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