Project Abstract

Abstract
The law of compulsory acquisition and compensation is a crucial aspect of property law that deals with the acquisition of private property by the government for public purposes. This area of law seeks to strike a balance between the public interest in acquiring land for important projects such as infrastructure development and the protection of individual property rights. Compulsory acquisition involves the government taking land from private landowners without their consent, often through statutory powers granted by legislation. On the other hand, the law of equity is a set of legal principles that originated in England to supplement the common law. Equity seeks to provide fairness and justice in situations where the strict application of the law may lead to inequitable outcomes. In the context of compulsory acquisition and compensation, the principles of equity play a significant role in ensuring that landowners are treated fairly and justly in the process of land acquisition. One of the key issues in the intersection of compulsory acquisition and equity is the determination of compensation for the land acquired. The law of compensation aims to provide landowners with adequate and just compensation for the loss of their property rights. In this regard, equitable principles such as the principle of unjust enrichment and the principle of fair dealing are often invoked to ensure that landowners are not unduly disadvantaged by the compulsory acquisition of their land. Moreover, equity plays a crucial role in addressing the power imbalance between the government, which has the authority to compulsorily acquire land, and individual landowners, who may be at a disadvantage in negotiations. Equitable doctrines such as the duty of good faith and the duty to act fairly and reasonably help to ensure that the compulsory acquisition process is conducted in a manner that respects the rights and interests of landowners. Overall, the interaction between the law of compulsory acquisition and compensation and the law of equity highlights the importance of balancing the public interest in acquiring land for development projects with the protection of individual property rights. By incorporating equitable principles into the compulsory acquisition process, the law seeks to promote fairness, justice, and respect for property rights in the context of land acquisition for public purposes.

Project Overview

INTRODUCTION

1.1 BACKGROUND AND NEED FOR THE STUDY

Although the various governments in the federation could acquire land at any time by working their power of eminent domain they still (most in the south) face the problem of rigidity associated with native laws and customs. In an attempt to breakdown these rigidity the various land laws were enacted by government among which are public land acquisition decree No 33 of 1976 the state land compensation decree No 38 and the latest of the laws concerning the acquisition of land by government and compensation there to. By section 1 of this act all land comprised in the territory of each state except land vested in the federal government or its agencies are 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 Nigeria in accordance with the provisions of the act. The governor laving been vested with all land in his state of jurisdiction is further empowered by section 28 of the act to revoke a right of occupancy (statutory or customary) for over rigidity public interest under section 29 of the act the revocation of a right of occupancy for the cause set out in section 29 entitles the holding and occupier to compensation for vale of their unexhausted improvement at the data of revoke as accordingly provided in section 29 sub section 4 paragraph 6 compensation with respect to building installation or improvement shall be for the amount of the replacement on the basic of the presented method of assessment as determined by the approve it could be seen from the above that the act state explicitly that the assessment of comp sensation payable for compulsory acquisition of real property shall be and according to value cost approach.

LITERATURE REVIEW

2.1 ORIGIN OF COMPULSORY ACQUISITION IN NIGERIA

The multiplicity of land tenure system in Nigeria has played a significant role in the evolution of the country is law of compulsory acquisition of land for public purpose. The undoubtedly has influenced the quantum of compensation payable in the various circumstances.

Before the advent of British rule Nigeria had various land tenure system fashioned along ethnic lines. Each ethnic group had its own tenure system. Infact at the extreme it was said that Nigeria had as many land tenure system as it had tribes.  Under the customary system land was in the hands of the elders and paramount chiefs to hold in trust for themselves and the community. Permanent alienation of land was forbidden. Everybody within the community had right to use land under a grant from chiefs or elders in return for obligation of service. The grantee had to pay annual tromage to the local chief or elders who were the grantee could hold the land for use of himself and his family. He had no right to alienate it.  The need for use of land for ever was very limited owing to the low level of public activities.

However, wherever such a need aroused it was the elder and the paragraph chiefs who exercised the prerogative power to compulsory acquired and for public purpose. Those whose grants were affected would get a substitute elsewhere as compensation.

During the colonial era due to the ease of activities by the British government in Lagos that followed the lesson and in flue of missionaries project such as road widening laying out of new street, road and highway. Due compensation was to be paid to owners of affected land and buildings. This appears to be parasols of further development on the method of compulsory acquisition in Nigeria and an voidance to empower the acquisition of land when required for public purpose other wise know as public acquisition act was public had on 3rd may 1917. This was the mayor law governing compulsory acquisition of land for public purpose in Nigeria during and immediately after the colonial era; although this act has not been completely repealed by the land use Act No. 6 of 1978.