Browsing by Author "Timothy, Olugbenga Omiwole"

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    The regime of compensation for compulsory land acquisition under the land use act, 1978
    (Department ofjurisprudence and private law, (Obafemi Awolowo University), 2024) Timothy, Olugbenga Omiwole
    The study examined the system of land tenure in Nigeria up to 1978. It analysed the regime of compensation for compulsory land acquisition under the provisions of Land Use Act 1978. It identified inherent defects in the existing regime of compensation for compulsory land acquisition in Nigeria. This was with a view to revealing the inadequacies in this regime and the imperative of reforming it. The study relied on primary and secondary sources of information. The primary source included the Land Use Act, the constitution of the Federal Republic of Nigeria 1999 (as amended) and judicial decisions. The secondary source included books, journal articles, conference proceedings and the Internet. The data obtained were subjected to content analysis. The study found that different land tenure systems applied in different parts of the country prior to coming into effect of the Land Use Act, 1978. It was the Land Use Act of 1978 that harmonized the various land tenure regimes that applied in different parts of the country. The study further revealed that the Land Use Act of 1978 introduced a uniform land tenure regime based on rights of occupancy throughout the country. Under the Land Use Act, the governor can compulsorily acquire land subject to payment of compensation for unexhausted improvement based on overriding public interest. The study revealed that under the Land Use Act, the implementation of the provisions on compulsory acquisition and compensation have resulted to discord and the satisfaction due to the expropriatory and unsavoury consequences of the compulsory acquisition by the governors..