Compensation for Compulsory Acquisition Under Land Use Act 1978: Comparative Analysis With Some Selected Countries

The fairness of land acquisition by governments, particularly regarding compensation for compulsory acquisition, remains a critical issue in land governance across Africa. When states acquire land for public interest, the legitimacy of the process hinges on how equitably affected individuals are treated and how well their rights are protected.

A key challenge lies in defining "adequate compensation," a term that varies significantly across jurisdictions. This disparity often results in prolonged disputes and the socio-economic displacement of vulnerable populations, as standardized valuation criteria are frequently absent. Relying solely on market-value assessments can also neglect the deep social and cultural importance of customary land rights, potentially leading to impoverishment.

Many compensation systems struggle to account for environmental and social losses, leaving displaced persons without sufficient means to rebuild their livelihoods. This issue is compounded by the legacy of colonial land policies and the complexities of post-independence land governance faced by many African nations, including Nigeria, Sierra Leone, and The Gambia.

Beyond national contexts, international and regional frameworks provide important benchmarks. The African Union's Framework and Guidelines on Land Policy in Africa emphasize prompt, fair, and adequate compensation while safeguarding customary land rights. Similarly, ECOWAS land policy guidelines encourage member states to ensure fair compensation systems based on replacement value. Countries like the United Kingdom, United States, and the Netherlands have developed more structured systems that often emphasize market value and judicial oversight.