OVERRIDING PUBLIC PURPOSE AND COMPENSATION FOR COMPULSORY ACQUISITION OF LAND UNDER THE LAND USE ACT: A LEGAL EVALUATION

Abstract

The Land Use Act in Nigeria provides a legal framework for the compulsory acquisition of
land for overriding public purposes. This article evaluates the provisions of the Act concerning
the public purpose and compensation aspects of land acquisition. It examines the necessity for
clear definition and genuine public interest in the acquisition process. Additionally, the article
discusses the principles of due process, natural justice, and fair compensation that must be
adhered to by the government or its agencies. The study highlights the potential for disputes
between the government and landowners regarding the adequacy of compensation and
emphasizes the importance of a fair and just compensation determination, taking into account
market value, improvements to the land, and loss of livelihood. Overall, the article underscores
the need for lawful and just land acquisition practices that respect the rights of landowners and
ensure the protection of their interests.