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THE LAW OF COMPULSORY ACQUISITION AND COMPENSATION AND THE LAW OF EQUITY

CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF 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.