AN EXAMINATION OF COMPULSORY ACQUISITION IN NIGERIA UNDER THE LAND USE ACT OF 1978.
CHAPTER ONE
General Introduction
1.1.0 Background to the Study
The contributions of land to man on earth through all the sands of time can hardly be overemphasized. Land constitutes at about only about 30% of the earth’s surface, it offers a ground on which human activities are predicated. It is indeed an oxymoron that as the Global population increases, the availability of land for development or farming and other activities appears to have become elusive. Hence land is appearing not to be sufficiently available to meet the need of man in a society. The ownership cum possession of land is a vexed issue. Kings were slayed, battles are fought, territories ceded all in a bid to claim and preserve the ownership of land. Many instances abound, the Jammu and Kashmir in Pakistan with India, The clash between Nigeria and Cameroon over Bakassi Peninsula, the famous clash between Ife and Modakeke and that between offfa and Erinle bears testimony to the above claim.
Before the 29th March, 1978 when the Land Use Act was enacted, there were existing land laws which governed land tenure systems in Nigeria before, during and after the advent of the colonial masters. These laws continued to be in operation until they were found to be defective because despite their existence, the problems of land tenure persisted in Nigeria. One the most serious of these problems was the difficulty in acquiring land by the government in major urban centres for national development because of land speculations, racketeering and high cost of compensation usually demanded by the land owners whenever government acquired land to execute its projects.
Against this background, the Federal Government in a deliberate effort to unify land tenure, streamline and simplify ownership of land in Nigeria, set up the Land Use Panel in 1977 with certain terms of reference. The recommendations of this panel were particularly related to the land tenure system in the Southern States. The recommendations were studied and adopted by government which promulgated the Land Use Act, 1978 . This study is being carried out in the light of the Land Use Act to evaluate it to unveil its laudable objectives to determine whether the land is better managed and controlled under the Act. It also points out the inherent problems of the Act which range from interpretation to practical implementation of its provisions. This essay also considers the prospects of the Act.
1.2.0 Objective of the Study
Land is of great importance to man, its immense contributions to national development and the cry for efficacious land legislation has led me to attempt a careful and deliberate choice of this topic with the following objectives in clear view: First, to assess the efficacy or otherwise of the management of land under the Land Use Act and specifically issues of Control. Secondly, to make inputs on useful recommendations on improvement upon the Act, particularly its provisions that seem most unclear and controversial. Thirdly, to make substantial contributions to our knowledge of land law in general and the Land Use Act in particular. Also, To x-ray the fact that the summary of the provisions of the Land Use Act is to compulsorily acquire land through state Governors.
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