EXPROPRIATION OF IMMOVABLE PROPERTY AND THE DEFENCE OF ‘PUBLIC PURPOSE’ IN NIGERIA: AN OVERVIEW

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ABSTRACT

This long essay examines the laws and practices of land ownership within the context of expropriation of private immovable property in Nigeria, with a specific focus on the power of the State to acquire private property for ‘public purpose’. Acquisition of land for public use by government originates from time immemorial but specifically during the colonial era in Nigeria. Land and economic development are concurrent and the compulsory acquisition of land for public usage has continued even after the advent of the colonial administration in Nigeria till present day. Judicial cases dominate the dockets of Nigerian courts and law reports, as well as daily reportage in electronic (internet) and print media (textbooks, newspapers and journals) in respect of the expropriation of land of natural or legal persons in Nigeria. An attempt to fairly and equitably ensure that land ownership, alienation, improvement and usage is in tandem with justice led to the enactment of the Land Use Act of 1978. It has undoubtedly revolutionized the existing laws relating to land tenure system in Nigeria, however, it is the extent to which the state may exercise its exculpatory power that has led to much debate and uncertainty which this project seeks to clarify.

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