Compulsory Acquisition of Land (Private Property) in Nigeria: Prioritizing Public Interest over Private Interest

Abstract

Compulsory acquisition of land (private property) is permitted under Nigerian law, but such acquisition must be conducted in accordance with the prescriptions of law. A fundamental criterion in a compulsory acquisition is the compliance with the public purpose requirement. Increasingly, state governments in Nigeria have been engaging in massive land grabbing for many reasons that tend to challenge the public purpose requirement. In certain cases, including governments’ acquisition for mass housing projects, the resultant beneficiaries are far from qualifying for the ascription of the term ‘public’ for the purpose of compliance with the public purpose requirement. This casts doubt on the acquiring authority’s compliance with the extant law. Using a doctrinal methodology, this paper argues for the prioritization of public interest over private interest. The paper aims to provide a roadmap for ensuring that public interest requirement reigns supreme in any compulsory acquisition in Nigeria.