THE OPERATION OF LAND ACQUISITION UNDER THE LAND USE ACT 1978: HIGHLIGHTING PROSPECTS

This paper examined the operation of land acquisition under the Land Use Act 1978 within the Nigerian legal framework. The paper explored the critical role of land as a socio-political and economic resource and analyzed the constitutional and statutory powers granted to the government to compulsorily acquire land for overriding public interests. This work was conducted through the use of the doctrinal research methodology, involving a systematic review of the 1999 Constitution, the Land Use Act (LUA), and relevant judicial precedents. The paper investigated the procedural requirements for acquisition, including planning, publicity, and valuation, while highlighting the legal entitlement to compensation for unexhausted improvements. It further identified instances where compensation is excluded, such as punitive revocations for the alienation of land without prior consent. The paper found that while the state's power to acquire land is essential for development, it often clashes with individual property rights due to bureaucratic bottlenecks and inconsistent valuation standards. The paper concluded by identifying prospects for improvement through legal reforms, technological integration, and the adoption of alternative dispute resolution mechanisms to ensure a more equitable land administration system.

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Publication Details

Journal
International Journal of Labour and Gender Rights Law
Published
2026-10-15
Primary Topic
Property Rights and Legal Doctrine
Type
article
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article

THE OPERATION OF LAND ACQUISITION UNDER THE LAND USE ACT 1978: HIGHLIGHTING PROSPECTS

Rex-Ogbuku Jude Amiditor
International Journal of Labour and Gender Rights Law
Property Rights and Legal Doctrine
article

THE OPERATION OF LAND ACQUISITION UNDER THE LAND USE ACT 1978: HIGHLIGHTING PROSPECTS

Rex-Ogbuku Jude Amiditor
article en

Abstract

This paper examined the operation of land acquisition under the Land Use Act 1978 within the Nigerian legal framework. The paper explored the critical role of land as a socio-political and economic resource and analyzed the constitutional and statutory powers granted to the government to compulsorily acquire land for overriding public interests. This work was conducted through the use of the doctrinal research methodology, involving a systematic review of the 1999 Constitution, the Land Use Act (LUA), and relevant judicial precedents. The paper investigated the procedural requirements for acquisition, including planning, publicity, and valuation, while highlighting the legal entitlement to compensation for unexhausted improvements. It further identified instances where compensation is excluded, such as punitive revocations for the alienation of land without prior consent. The paper found that while the state's power to acquire land is essential for development, it often clashes with individual property rights due to bureaucratic bottlenecks and inconsistent valuation standards. The paper concluded by identifying prospects for improvement through legal reforms, technological integration, and the adoption of alternative dispute resolution mechanisms to ensure a more equitable land administration system.

International Journal of Labour and Gender Rights Law
Openalex Percentile: Top 2%
Property Rights and Legal Doctrine
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