CHAPTER ONE

BACKGROUND TO THE STUDY

1.0 Introduction

Government in various quarters may need land for various purposes that could enhance
livelihood/governance. Such land could be in procession of individuals who have acquired it
legitimately for individual purposes. The land use act of 1978 however stipulates that land
may be acquired from individuals for interests that are more beneficial to the public than for
individual use (overriding public interest). The process of acquiring such land may be
regarded as compulsory land acquisition. The purpose of compulsory land acquisition is
usually novel and good in many cases; however issues arise on the process of this acquisition.
Most prominent among which is how the interest of the owners is being protected, how
adequate/fair is the affected party being compensated and how well is the affected party being
resettled.

A long-standing principle in many jurisdictions is that compensation should be guided by the

objectives of “equity” and “equivalence”—that is, the adequacy of compensation should be
measured against the goal of ensuring that people are neither impoverished nor enriched
(Keith, McAuslan et al. 2008 ). A variation on this standard view argues that it may be
appropriate in some cases, particularly where a taking is occurring in the context of a
development project or program, to aim beyond equivalence to improving the position of
those affected wherever possible. This is the principle articulated in the World Bank Policy on
Involuntary Resettlement: “Displaced persons should be assisted in their efforts to improve
their livelihoods and standards of living or at least restore them, in real terms, to pre-
displacement levels or to levels prevailing prior to the beginning of project implementation,
whichever is higher” (authority). The definition of adequate compensation differs
internationally. While USA adopts market value as the just compensation to the dispossessed
owners, the UK views compensation to be based on the value to the owner consisting of
market value plus other social costs.

The land use act provides only for compensation on the value of unexhausted improvement on
land and the ground rent for the year of expropriation. Other social costs such as
disturbance/resettlement costs are not provided for in the act. Besides, the basis of valuation
for value both buildings, installations, other similar improvements is the depreciated
replacement cost (irrespective of the property type). For and crops and other agricultural
products determination of value is left open for officers in charge. Owners are now left at the
mercy of the “appropriate officers” whose judgement on the value may not be objective. This
is in contrast with global best practices.

The essence of compensation is to restore those that had been deprived of their ownership to
land back to at least same position they were before their land was compulsorily acquired.
The enabling law and the constitution of the federal republic of Nigeria provide that adequate
and prompt compensation should be given to those whose lands have been taken by the
acquiring authority or authorities. However, compulsory land acquisition and compensation
seem to be a subject of controversy between land owners and relevant authorities and these
problems have not been solved in literatures.

Edo state has witnessed a number of public projects that necessitates compulsory acquisition.
The state is a linking state to several other regions of the country, thus construction, repairs
and expansion of roads is very common. Other projects such as oil exploration, right of way
for pipelines etc. continually surfaces. Examples of previous cases of compulsory acquisition
in the state include the acquisition of land from Ihovbar-Evboeka community for the
construction of Azura Edo power plant. The acquisition included A Resettlement Action Plan
(RAP) that includes a Stakeholder Engagement Plan to manage the economic displacement of
the community priest as other members of the community live in Benin City or elsewhere. A
RAP Addendum was established to address the need to compensate the Ihovbor community.
All the affected persons in the Ihovbor community have been fully compensated and the
Independent Consultant along with the Community Working Group witnessed the
compensation process which was undertaken during the week of May 26 - 30, 2014

Several public consultation meetings were held since May 2010 to identify the concerns of the
nearby residents regarding the Project. These meetings helped identified all the impacted
persons and the Project held consultations with each potentially impacted household.
Additionally, house to house meetings with the people from the three nearby communities
was undertaken to explain the Project and its expected impacts and to independently solicit
input from the vulnerable members (females, old persons, and disabled persons) of the
community. Informal meetings are continuing between the Project team and the communities
through the already established stakeholder engagement process.

Agbonmwonba community in Ikpoba/Okha Local Government Area of Edo State is a recent

acquisition by the Edo State government However, Special Adviser to Governor Obaseki on
Media and Communication Strategy, Mr Crusoe Osagie, while responding to the issue of
payment of compensation for the acquired land said, “What the government is doing now is to
erect a perimeter fencing in the 13.1kilometers land. “After the completion of the fencing, we
will then be in a position to know the communities captured in the project. Then the issue of
payment of compensation will follow.”

This study therefore uncovers issues surrounding compulsory acquisition in the state through
the lens of what’s obtainable as global best practices.

1.1 Statement of the Research Problem

Compulsory land acquisition can have significant socioeconomic impacts on affected

communities through displacement and loss of livelihoods. Communities forcibly displaced
from their land often lose their primary source of income, disrupting their livelihoods.
Farmers, for instance, lose not only their land but also their crops and agricultural businesses.
This can lead to increased poverty and economic instability. Also, forced displacement leads
to the disruption of social structures and community networks. People are uprooted from
familiar environments, separating families and communities, which result in a loss of cultural
heritage and community ties.
Other issues include psychological stress as being forced to leave one's home and land can
cause immense psychological stress and trauma. People experience anxiety, depression, and a
sense of loss, which can have long-term effects on mental health. In addition, compensation
provided for acquired land is not always fair or sufficient to support affected communities in
re-establishing their lives elsewhere. This can exacerbate poverty and financial difficulties.

In some cases, communities affected by compulsory land acquisition face challenges in

asserting their legal rights or do not have adequate legal representation to negotiate fair
compensation or challenge the acquisition. The Nigerian legal framework regarding
compulsory land acquisition is primarily governed by the Land Use Act of 1978, which vests
land ownership in state governors and prescribes procedures for land acquisition for public
purposes. However, the effectiveness of the Nigerian legal framework in safeguarding the
rights of landowners in compulsory acquisition has faced several challenges. Which include
limited compensation i.e. compensation rates for acquired land are contentious. The
compensation provided doesnot always reflect the true market value of the land or adequately
cover the economic losses suffered by landowners, leading to disputes and dissatisfaction.
Consultation with affected landowners the acquisition process is often insufficient.
Communities are not adequately informed about the reasons for acquisition or involved in
decision-making, leading to a lack of transparency and accountability.

In cases of displacement, the resettlement and rehabilitation of affected communities is poorly

executed or insufficient, leaving individuals and communities without adequate support to
rebuild their lives.

While there are provisions for legal redress and appeal in the Land Use Act, accessing justice
is cumbersome and time-consuming. The legal process for challenging acquisitions or seeking
fair compensation is complex, expensive, and lengthy, deterring many landowners from
pursuing their rights through legal channels. Vulnerable groups, including indigenous
communities and those with limited resources or legal knowledge, are at a disadvantage in the
acquisition process, facing greater challenges in protecting their rights and interests.

There is a lack of transparency in the acquisition process, with instances of corruption,

favoritism, or lack of accountability among authorities involved in land acquisition

In order to address the forgoing issues while filling the gaps in existing literature, there is
need to provide answers to the following questions:

1.2 Research questions

1 what is the process of land acquisition in Edo state

2 what are the challenges of land acquisition process in the study area

3 what lessons can be drawn from global best practices for improved land acquisition process
in the study area

1.3 Aim and Objectives of the Study

The aim of the study is to compare ompare compulsory Acquisition practice in Edo state with
global best practices with a view of drawing lessons for improved land acquisition process for
public purposes.

The specific objectives are to:

1. Examine compulsory Acquisition process in Edo state

2. Examine the challenges with the compulsory Acquisition process.
3. Compare compulsory Acquisition practice in Edo state to global best practices.

1.4 Justification of the Study

Examining the compulsory acquisition process in Edo State allows for insights into its
efficiency, fairness, and adherence to legal norms. Drawing lessons from global best practices
enables the identification of improvements, ensuring a more transparent and equitable
approach, ultimately benefiting both stakeholders and the community.

Examining the challenges of compulsory acquisition in Edo State offers valuable insights into
potential improvements for the process. By comparing local practices with global best
standards, we can identify areas for enhancement, fostering a more efficient, fair, and
transparent acquisition system that aligns with international norms.

Comparing compulsory acquisition practices in Edo state to global best practices is crucial for
several reasons. Firstly, it allows for a comprehensive analysis of existing procedures,
identifying potential areas for improvement based on successful models worldwide. This
comparison facilitates the incorporation of innovative and effective measures into Edo state’s
acquisition framework.

Secondly, studying global best practices provides a broader perspective on the legal, ethical,
and procedural aspects of compulsory acquisition. This, in turn, can lead to the formulation of
more equitable and transparent policies that balance the interests of the public, landowners,
and the government.

Furthermore, drawing lessons from global best practices helps Edo state align its compulsory
acquisition processes with international standards, fostering a conducive environment for
foreign investment and collaboration. This comparative study contributes to the development
of a legal framework that not only respects local dynamics but also meets the expectations of
an increasingly interconnected global community.

In essence, justifying this study is rooted in the pursuit of enhanced efficiency, fairness, and
compliance with global norms, ultimately benefiting both the citizens of Edo state and
potential investors.

1.5 Scope of the study

This study is restricted to analyzing the existing legal framework for compulsory acquisition
in Edo State and comparing it with global best practices to identify gaps and areas for
improvement. It would also examine the procedures and processes involved in compulsory
acquisition in Edo State, benchmarking against international standards to enhance efficiency
and fairness. It would assess the level of public participation in the compulsory acquisition
process in Edo State, drawing lessons from global best practices to enhance transparency and
community engagement.

It would also investigate the methods used for determining compensation in Edo State,
learning from global models to ensure fair and just compensation for affected parties. It would
conduct an impact assessment of compulsory acquisition on affected communities and
individuals in Edo State, incorporating lessons from global experiences to minimize negative
consequences. It would evaluate the mechanisms for resolving disputes arising from
compulsory acquisition in Edo State, incorporating effective dispute resolution practices from
around the world.

It would Analyze the level of collaboration between government, private entities, and affected
communities in Edo State, drawing insights from successful global models to enhance
collaboration and cooperation.

By considering these aspects, the study aims to provide a comprehensive understanding of

compulsory acquisition in Edo State, drawing valuable lessons from global best practices to
improve existing processes and frameworks.

1.5 Study Area

Edo, officially known as Edo State, is a state located in the South-South geopolitical zone of
the federal republic of Nigeria. With a land mass of 19,559 km2 (7,552 sq mi) It is ranked
22nd in terms of surface area among Nigeria’s 36 states, according to Wikipedia. The state’s
capital and largest city, Benin City, is the fourth largest city in Nigeria. Created in 1991 from
the former Bendel State, it is also known as the heart beat of the nation. Edo State borders
Kogi State to the north for 133 km and across the Niger River for 81 km to the northeast,
Anambra State to the east for about four km across the Niger River, Delta State to the
southeast and south for 350 km (218 miles), and Ondo State to the west. Edo state is currently
undergoing various forms of urban renewal, leading to the implementation of numerous
compulsory acquisition measures.
 LITERATURE REVIEW

2.0 Preamble

This chapter borders on existing literature related to the objectives of this study. It attempts to
draw out findings from existing studies that will inform the direction of research for this
study. The chapter is divided into sections. The concept of land Acquisition is discussed,
compulsory land Acquisition, compulsory land acquisition in Edo state and global best
practices on compulsory land acquisition

2.1 Concept of Land Acquisition

Land acquisition refers to the process involved in obtaining ownership rights in land. Land is
essential for development and it’s a crucial part of man’s existence. Professor Umeh of the
University of Nigeria Nnsuka defined land as The key statute that defines land is the Law of
Property Act 1925, section 205. The definition of land covers the actual land (i.e. soil, ground
and earth) plus any buildings on the land, fixtures attached to the land, mines, minerals and
some airspace. In Nigeria, Land is perceived under the Interpretation Act as “including, any
building and any other thing attached to the earth or permanently fastened to anything so
attached, but does not include minerals”. This definition has been perceived as restrictive.
Section 2 of the Property and Conveying Law of 1959 defines Land as “…land of any tenure,
building or parts of buildings whether the division is horizontal, vertical, or made in any other
way, and other corporeal hereditament, also rent and an easement right, privilege of benefit in,
over or derived from land, but not an undivided share in land.” This definition is viewed as
wider in scope.

In adopting the above definition, Nwabueze noted that ‘Land does not just mean the ground
and its subsoil, but includes also all structures/and objects, like buildings and trees standing
on it… But the legal concept of land goes further than this and includes even abstract
incorporeal rights like the right of way and other easements as well as profits enjoyed by one
person over the ground and building as belonging to another.’

In view of the above, minerals is exempted from the definition of land even though it literally
forms part of the land. This is because ownership of minerals is the exclusive right of the
government; this exclusive right may be inferred from section 3(1) of the Minerals Act, Laws
of the Federation, 2004

Land acquisition involves the process of obtaining land for various purposes, including
residential, commercial, industrial, and public use. (Adeyeye 2023). Land acquisition is an
essential process in Nigeria, and there are several methods of acquiring land. The choice of
land acquisition method depends on the purpose of the land, the availability of the land, and
the legal requirements for each method. Chief Igbagere O. In his book titled compulsory
Acquisition of land and valuation of special interest in Nigeria classified this methods into
two broad categories private treaty and compulsory Acquisition. The former having a willing
seller and a willing buyer and the latter being a forceful dispossession of the property against
the will and consent of the owner. In Benin Metropolis, community lands were held in trust
by the Oba of Benin. However, the promulgation of the land Use Degree No 6, of March 29,
1978 (now Act. Cap202 Of 1990) has divested individuals of interest in land and vested them,
except Federal lands, on the State Governor. Under this law, individuals only have occupancy
right on land that can be revoked at any time by the state for overriding public interest.

2.2 Compulsory Land Acquisition

Compulsory acquisition is the legal process through which government or public authorities
can acquire private properties for development that would benefit the public. Otubu (2012),
defined compulsory acquisition or purchase as the process by which local and national
government obtain land and premise for development purposes when they consider this to be
in the best interest of the community. It is the power of the government to acquire private
rights in land without the willing consent of its owner or occupants in order to benefit society.

(FAO 2009) Sustainable development requires government to provide public facilities and
infrastructure that ensures safety and security, health and welfare, social and economic
enhancement and protection and restoration of the natural environment. A proper step in this
process of providing these facilities and infrastructure is the acquisition of appropriate land.
However land is scarce and may not be available for purchase when required. Therefore in
order to acquire land when and where it is being needed government have the power to
compulsory acquire land; that is they can compel owners to sell their land in order for it to be
used for specific purpose. The power, discussed in this paper as the compulsory acquisition of
land, is also referred to as expropriation, eminent domain, compulsory purchase, land
acquisition and resumption

Although compulsory purchase powers can help to deliver positive change, the government
recognises that it can be upsetting and stressful to discover that land which you own or
occupy is to be compulsorily acquired therefore The government pays a certain amount of
money which is based on the market value for the property, it may include disturbance fee,
cost of professional advice be it legal, surveyors etc. This payment is called compensation.

The principle that guides compulsory purchase and compensation is the principle of
equivalence that people whose land is acquired compulsorily should be left neither better nor
worse off financially as a result of their land being acquired—being entitled to compensation
which is neither more nor less than the value of their loss. The principles are very similar
across countries and regions but the practice of compulsory acquisition and compensation
usually varies

The rights to compensation for those affected by compulsory purchase and the procedures for
assessing the correct amount are governed by a combination of legislation, case law and
established practice. The constitutions of many countries provide for both the protection of
private property rights and the power of the government to acquire land without the willing
consent of the owner. There is, however, great variation. Some countries have broadly defined
provisions for compulsory acquisition, while those of other countries are more specific.

Constitutional frameworks that have broadly defined provisions concentrate on basic

principles and often simply assert the power to compulsorily acquire land as the single
exception to fully protected private property rights. For example, the constitution of the
United States of America mandates that: “No person...shall be deprived of...property, without
due process of law; nor shall private property be taken for public use without just
compensation.” Similarly, Rwanda’s constitution states: “Private property, whether individual
or collective, shall be inviolable. No infringement shall take place except for the reason of
public utility, in the cases and manner established by the law, and in return for fair and prior
compensation.” Such constitutions leave the details of compulsory acquisition to other
legislation and, in some instances, to the interpretation of the courts.

Other constitutional frameworks specify in detail the mechanisms by which the government
can compulsorily acquire land. They tend to include a specific list of the purposes for which
land may be acquired. For example, Ghana’s constitution includes provisions detailing exactly
what kinds of projects allow the government to use its power of compulsory acquisition, and
specifies that displaced inhabitants should be resettled on suitable alternative land. Chile’s
constitution identifies the purposes for which land may be compulsorily acquired, the right of
property holders to contest the action in court, a framework for the calculation of compensation,
the mechanisms by which the state must pay people who are deprived of their property, and
the timing and sequence of possession.

Most countries supplement the constitutional basis for compulsory acquisition, whether
broadly or specifically defined, with extensive laws and regulations. National or sub-national
laws usually describe in detail the purposes for which compulsory acquisition can be used, the
agencies and officials with the power to compulsorily acquire land, the procedures to be
followed, the methods for determining compensation, the rights of affected owners or
occupants and how grievances are to be addressed. The regulations that accompany these laws
may be particularly important as they often provide the acquiring agency with instructions on
how to carry out compulsory acquisition during all phases of the process.

The laws governing compulsory acquisition are part property law and part administrative law
which dictates governance procedures. Principles of administrative justice and good
governance often require that such powers are bound by legal rules which allow for hearings
and appeals,and are subject to judicial review. Several regional conventions on human rights
also protect rights to property, including:

• The American Convention on Human Rights, adopted at the Inter-American Specialized

Conference on Human Rights, San José, Costa Rica, 1969, (Article 21 Right to Property):
“1. Everyone has the right to the use and enjoyment of his property. The law may subordinate
such use and enjoyment to the interest of society.2.No one shall be deprived of his property
except upon payment of just compensation, for reasons of public utility or social interest, and
in the cases and according to the forms established by law.”

• The African Charter on Human and Peoples’Rights, 1986:“Article 14.The right to property
shall be guaranteed. It may only be encroached upon in the interest of public need or in the
general interest of the community and in accordance with the provisions of appropriate
laws.”“Article 21.1. All peoples shall freely dispose of their wealth and natural resources.
This right shall be exercised in the exclusive interest of the people. In no case shall a people
be deprived of it. 2. In case of expropriatation, the dispossessed people shall have the right to
the lawful recovery of its property as well as to an adequate compensation.”
• The European Convention on Human Rights and Fundamental Freedoms, 1950, (Article 8,
First Protocol): “1. Everyone has the right to respect for his private and family life, his home
and his correspondence. 2. There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law and is necessary in a
democratic society in the interests of national security, public safety or the economic well-
being of the country, for the prevention of disorder or crime, for the protection of health or
morals, or for the protection of the rights and freedoms of others.” This right is expanded by
Article 1, First Protocol: “Every natural or legal person is entitled to the peaceful enjoyment
of his possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of international
law. The preceding provisions shall not, however, in any way impair the right of a State to
enforce such laws as it deems necessary to control the use of property in accordance with the
general interest or to secure the payment of taxes or other contributions or penalties.

Secure rights to land and other natural resources are essential for the livelihoods of indigenous
peoples. These rights are the basis of their economy and are often the foundation of their
spiritual, cultural and social identity. Despite this, the natural resource base and livelihoods of
indigenous peoples have been undermined by development projects, urban expansion,
establishment of national parks, mineral exploration, logging of forests and the growth of
large agribusinesses.

Numerous international statements and declarations recognise the rights of indigenous

peoples to their lands. The Habitat Agenda, reaffirmed by the Istanbul Declaration on human
Settlements (1996), commits to the following objectives: “Protecting, within the national
context, the legal traditional rights of indigenous people to land and other resources, as well as
strengthening of land management… [and] Protecting and maintaining the historical, cultural
and natural heritage, including traditional shelter and settlement patterns, as appropriate, of
indigenous and other people….” (paragraph 40

The International Labour Organisation’s Convention concerning Indigenous and Tribal

Peoples in Independent Countries (No. 169) sets out in Article 14(1) that: “The rights of
ownership and possession of [indigenous people] over the lands which they traditionally
occupy shall be recognised. In addition, measures shall be taken in appropriate cases to
safeguard the right of the peoples concerned to use lands not exclusively occupied by them
but to which they have traditionally had access for their subsistence and traditional activities.”

2.3 Land Use Act of 1978

The land use act is the primary legislation that governs land administration in Nigeria. Land
Use Act came into being on 29 th March, 1978 as the key legal instrument dealing with land in
Nigeria. The Act regulates the ownership, alienation, acquisition, administration and
management of land within the Federal Republic of Nigeria. Section 1 of the Land Use Act
vests all land comprised in the territory of each state in the Federation of Nigeria in the
Governor of that state and such land shall be held in trust and administered for the use and
common benefit of all Nigerians in accordance with the provisions of the Act.
Section 5(1) of the Act empowers the Governor of a state to grant statutory right of occupancy
to any person for all purposes in respect of land, whether or not in an urban area and issue a
certificate of occupancy in evidence of such right of occupancy. This is in accordance with
the provisions of Section 9(1) of the Act. Also, Section 5(2) of the Act provides that “Upon
the grant of a statutory right of occupancy under the provisions of sub-section (1) of this
section, all existing rights to the use and occupation of the land which is the subject of the
statutory right of occupancy shall be extinguished.”

Mrs Juliet in her land law class taught that the statutory right of occupancy granted by a
Governor is the highest right to land in Nigeria. This right of occupancy is a right which
allows the holder to use or occupy land to the exclusion of all other persons except the
Governor. It is granted for a maximum holding period of 99 years, subject to the payment of
ground rent fixed by the Governor throughout the holding period. Section 28(1) empowers the
Governor of a state to revoke a right of occupancy for overriding public interest, subject to the
payment of compensation for the unexhausted improvements based on the provisions of
Section 29 (4 and 5) of the Act.

Compensation as respect to

(a) The land, for an amount equal to the rent, if any, paid by the occupier during the year
in which the right of occupancy was revoked;
(b) Buildings, installation or improvements thereon, for the amount of the replacement
cost of the building, installation or improvement, that is to say, such cost as may be
assessed on the basis of the prescribed method of assessment as determined by the
appropriate officer less any depreciation, together with interest at the bank rate for
delayed payment of compensation and in respect of any improvement in the nature of
reclamation works, being such cost thereof as may be substantiated by documentary
evidence and proof to the satisfaction of the appropriate officer;
(c) Crops on land apart from any building, installation or improvement thereon, for an
amount equal to the value as prescribed and determined by the appropriate Officer.

(5) Where the land in respect of which a right of occupancy has been revoked forms part of a
larger area, the compensation payable shall be computed as in subsection (4) (a) of this
section less a proportionate amount calculated in relation to that part of the area not affected
by the revocation, but of which the portion revoked forms a part and any interest payable shall
be assessed and computed in the like manner.

(6) Where there is any building, installation or improvement or crops on the land to which
subsection (5) of this section applies, then compensation shall be computed as specified
hereunder, that is as respects-

(a) Such land, on the basis specified in that subsection;

(b) Any building, installation or improvement or corps thereon (or any combination of
two or all of those things) on the basis specified in that subsection and subsection (4)
of this section, or so much of those provisions as are applicable, and any interest
payable under those provisions shall be computed in the like manner. For the purposes
of this section, “installation” means any mechanical apparatusset up or put in position
 for use or materials set up in or on land or other equipment, but excludes any fixture in
or on any building.

Section 30 talks about legal recourse available to the claimants on issues relating to value of
compensation.

Section 33 gives Option to accept resettlement in case of revocation of right of occupancy

(1) Where a right of occupancy in respect of any developed land on which a residential
building has been erected is revoked under this Act, the Governor or the local
government, as the case may be, may in his or its discretion offer in lieu of
compensation payable in accordance with the provisions of this Act, resettlement in
any other place or area by way of a reasonable alternative accommodation (if
appropriate in the circumstances).
(2) Where the value of any alternative accommodation as determined by the appropriate
officer or the Land Use and Allocation Committee is higher than the compensation
payable under this Act, the parties concerned may by agreement require that the
excess in value in relation to the property concerned shall be treated as a loan which
the person affected shall refund or repay to the Government in the prescribed manner.
(3) Where a person accepts a resettlement pursuant to subsection (1) of this section, his
right to compensation shall be deemed to have been duly satisfied and no further
compensation shall be payable to such person

2.4 Compulsory land acquisition process in Edo State Nigeria

Land administration in the state is governed by the Edo state land administration and
geographic information service law of 2018. Part one; section two of the law talks about the
establishment of EDOGIS which would be referred to from hereon as the agency. Section 3
discusses about the function of the agency, section 4 talks about the duties of the agency and
section 5 talks about the power of the agency (a) gives the agency power to acquire, dispose
of and otherwise alienate in whole or part interest in immovable things section 50 emphasize
the issue of compulsory acquisition, outlining the relevant constitutional laws to follow in
acquiring interest in immovable things and the conditions under which property can be
compulsory acquired from private owners according to the provisions of the land use act
Section 52 talks about the limit of payment of compensation which is in accordance to the
dictates of the land use act.

The first step towards acquisition of land by government is thorough inspection of a selected
parcel of land by professionals from the ministry of land and survey. This professionals
include land surveyors carryout perimeter survey to identify the land , town planners who
inspect the land to determine if it is suitable for the proposed development. Then the land
officers who are estate surveyors and valuers to give estimate the total compensation payable
to the land owners.

The land officer also prepares an acquisition notice which is a publication of intention to
acquire land by the government in gazettes and daily papers or by pasting the notice on trees
and nearest buildings, it contains a notice to the public that the government is willing to treat
for compensation in respect of the unexhausted improvement on the said land. This is
immediately followed with a threat that government intends to enter, take possession of the
said land with immediate effect and that any person who hinders or obstruct the government
from taking possession shall be liable to a term of imprisonment or fine. The notice then
orders all affected persons to give up possession and put up claim for their interest on the land
within 6 weeks. At the end of the 6 weeks parcels of land without claim are treated as
unoccupied land. This acquisition notice is sent to the governor or minister for signature and
then sent to the ministry of information for Gazette publication.

The next process after this is for proper identification of items of compensation, certificate of
claims and computation of compensation and issuance of receipt and certificate of indemnity.
The last process is the receiving of petitions, objections, disputes and complaints over
compensation or conflicting interests. Experience shows that at almost every stage of the
above process, challenges are encountered Ibagere (2010)

2.5 Challenges of compulsory acquisition in Edo State

1. Unrealistic timeframes and inadequate budgets for undertaking the resettlement;

Six weeks is a very short time to compute adequate claims as a poor farmer who has no title to
his land, no survey plan and no knowledge of his rights may lose both his land and right to
claim compensation because of the short notice. Also failure to involve relevant stakeholders
in the planning process leads to under budgeting

2. Inadequate compensation arrangements and the Payment of compensation in cash rather

than land-based resettlement;

The land use act provides only for compensation on the value of unexhausted improvement
on land and the ground rent for the year of expropriation. Other social costs such as
disturbance/resettlement costs are not provided for in the act. Besides, the basis of valuation
for value both buildings, installations, other similar improvements is the depreciated
replacement cost (irrespective of the property type). For and crops and other agricultural
products determination of value is left open for officers in charge. Owners are now left at the
mercy of the “appropriate officers” whose judgement on the value may not be objective.

3. Inadequate composition of resettlement teams (too few members, lack of capacity and
experience, inappropriate gender balance, etc.);

Teams involved in the relocation and rehabilitation of affected individuals or communities

due to land acquisition are usually understaffed, and lack expertise and capacity may hinder
their ability to address complex challenges associated with relocation, impacting the overall
success of resettlement efforts, which results in inefficiencies in managing resettlement
processes, potentially resulting in incomplete or poorly executed plans. Additionally, an
imbalanced gender representation in the team might neglect the specific needs and concerns
of different genders affected by the compulsory acquisition.

4. poor assessment of the project’s land requirements, complicated by changing project

plans;
Inadequate understanding of the spatial needs and specifications for the project. can lead to
inaccuracies in determining the amount of land necessary for the project, potentially resulting
in either insufficient or excessive land acquisition. Such miscalculations can impede the
efficiency and success of the compulsory acquisition process. Secondly, complication can
arise when project plans undergo changes. These modifications may include alterations in
project scope, design, or objectives. When such changes occur, they can disrupt the initial
assessment of land requirements, requiring a reassessment to align with the updated project
plans.

5. Inadequate baseline data and poor assessment of the number of people and structures
affected;

Lack of thorough data collection and analysis in the early stages of the compulsory
acquisition leads to underestimation of the social and economic disruptions caused by the
project. This affects the well-being of individuals and communities.

6. Poor management of the cut-off date;

Difficulties in effectively implementing and enforcing the designated date that marks the
point at which eligibility for compensation or resettlement is determined can lead to several
issues, including uncertainties for affected individuals or communities regarding their
entitlements. If the cut-off date is not clearly communicated, adhered to, or if adjustments are
made without transparency, it can result in disputes, delays, and inequitable outcomes.

7. poor engagement with impacted communities;

8. poor awareness and addressing of the legacy issues arising from past projects and the
local social-political history;

Insufficient awareness of past project impacts and the historical context can lead to a neglect
of lingering issues that may still affect the affected communities. These legacy issues may
include unresolved grievances, socio-economic disparities, or cultural disruptions stemming
from previous projects. Ignoring or inadequately addressing these concerns can undermine the
success of the current compulsory acquisition process.

9. Failure to manage land speculation and the opportunistic behaviour of various actors,
including the affected communities.

Land speculation can lead to inflated prices, disputes, and disruptions in the acquisition
process. Moreover, opportunistic behavior by different actors, including affected
communities, can complicate negotiations and potentially hinder fair and equitable outcomes.

The issues mentioned, including poor management of various aspects of compulsory

acquisition, contribute to cost overruns and project delays from the perspective of project
proponents. Protest actions by affected communities, local, regional, and national groups, as
well as intervention by national and international watchdog NGOs, further exacerbate delays
(Hanna et al. 2016b).
Inadequately cost resettlement and livelihood restoration activities not only impact project
timelines but can also lead to adverse outcomes for affected communities. Communities may
end up worse off, and the intended project outcomes may not be achieved. Such shortcomings
may necessitate the project to make restitution in the future, underscoring the importance of
comprehensive planning and effective management in the context of compulsory acquisition
in Edo State.

2.6 Global Best Practices on Compulsory Acquisition

In order to overcome these challenges and reduce the effects of compulsory acquisition on
land owners, we would observe the World Bank policy for involuntary resettlement. The
World Bank was the first multilateral development agency to issue a policy to mitigate the
impact of involuntary resettlement on affected communities. The Operational Manual
Statement OMS 2.33 “Social Issues associated with Involuntary Resettlement in Bank-
financed Projects” from 1980 introduced the principles that (i) involuntary resettlement
should be avoided or minimized whenever feasible; (ii) affected families should be
compensated and benefit from the project; and (iii) displaced people should regain at least
their previous standard of living. The OMS 2.33 also required the preparation of a
resettlement plan to ensure the proper planning and implementation of the resettlement
process.

In 1990 the Bank approved the “Operational Directive 4.30 on involuntary resettlement.” This
directive strengthened the scope and objectives of the policy and further defined the
procedures and instruments to ensure the implementation of it. The directive also introduced
the idea that preference should be given to land-based resettlement strategies for people with
land based livelihoods and that access to training, employment, and credit should be explored
to restore livelihoods. While the primary focus of OMS 2.33 and Operational Directive 4.30
was the resettlement associated with large-scale infrastructure projects, the World Bank in
2002 issued the “Operational Policy and Bank Practice 4.12 on Involuntary Resettlement”
(OP/BP 4.12). It sought to incorporate the Bank’s experience in a range of sectors, including
relatively minor land acquisition and projects with less severe impacts. The key principles of
the policy have remained the same, but OP/BP 4.12 further defined the types of impacts
caused by involuntary resettlement, the policy requirements and the instruments to address
these impacts.

2.6.1 Policy Objectives

As in the previous policies, OP/BP 4.12 recognizes the severe harm that resettlement can
bring to people and communities and states as its main objective that involuntary resettlement
should be avoided or minimized whenever feasible and all viable alternative project designs
should be explored. The policy also establishes two other objectives: (i) that resettlement
activities should be conceived as sustainable development programs, in which displaced
people share in project benefits and are meaningfully consulted; and (ii) that displaced
persons should be assisted in their efforts to improve their livelihoods or at least restore them
to pre-displacement levels.

2.5.2 Impacts Covered under OP/BP 4.12

In terms of scope, OP/BP 4.12 establishes that the policy applies to direct economic and social
impacts that both result from Bank-assisted investment projects and are caused by involuntary
taking of land resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets;
(iii) loss of income sources or means of livelihoods, whether or not the affected people must
move to another locations; or (iv) the involuntary restriction of access to legally designated
parks and protected areas resulting in adverse impacts on the livelihoods of the displaced
persons. For the purposes of the policy, the definition of displaced persons is synonymous
with that of PAPs and is not limited to those subjected to physical displacement, but rather
refers to those who are affected in any way as described above, including business owners,
tenants, and those whose physical structures or assets are affected. Given that the objective of
the policy is to protect livelihoods and living standards, the policy also recognizes affected
people who may lack legal titles to the land they occupy.

2.5.3 Required Measures

1. Resettlement instrument. In order to address the impacts of resettlement, OP/BP 4.12

establishes that the borrower prepares a resettlement plan or policy framework to
guide the resettlement process, which includes measures to ensure that displaced
persons are (i) informed about their options and rights; (ii) consulted on the
resettlement alternatives; and (iii) provided compensation at full replacement cost.
2. Land-for-land: The policy establishes that preference should be given to land-based
resettlement strategies for displaced persons whose livelihoods are land based. If
sufficient land is not available at a reasonable price, non-land-based options should be
built around opportunities for employment or self-employment in addition to cash
compensation for land and other assets lost.
3. Livelihoods restoration: According to the policy, where necessary to achieve its
objectives, the plan or framework should also include measures to ensure that
displaced persons are (i) offered support after displacement for a transition period; (ii)
provided with development assistance in addition to compensation measures; and (iii)
provided with support such as land preparation, credit, and training or job
opportunities.
4. Vulnerable groups: OP/BP 4.12 also requires that particular attention is paid to the
needs of vulnerable groups among the displaced, especially those below the poverty
line, the landless, the elderly, women, children, indigenous peoples, and ethnic
minorities.
5. Consultation and grievance mechanism: The policy requires that displaced persons
and host communities are provided with timely and relevant information, consulted on
resettlement options, and offered opportunities to participate in planning,
implementation, and monitoring of resettlement. The policy also requires that
appropriate and accessible grievance mechanisms are established for these groups.

2.5.4 Eligibility

According to the policy, after the identification of the need for involuntary resettlement, the
borrower needs to carry out a census to identify the people who will be affected by the
project, to determine who will be eligible for assistance, and to discourage the inflow of
people ineligible for assistance.

2.5.5 Resettlement Planning, Implementation, and Monitoring

Resettlement planning includes early screening, scoping of main issues, and the choice of a
resettlement instrument. Different planning instruments are used, depending on the type of
project. The policy requires (i) a resettlement plan or abbreviated resettlement plan (for minor
impacts or fewer than 200 people displaced) for all operations that entail involuntary
resettlement; (ii) Preparation of a resettlement policy framework during project preparation
for operations that may require involuntary resettlement and when the project impacts and
exact locations are not known; and (iii) a process framework be prepared for projects
involving involuntary restriction of access to legally designated parks and protected areas.

The borrower is responsible for carrying out the resettlement instrument and for adequate
monitoring and evaluation of the resettlement activities, while the Bank is responsible for
supervising the implementation to determine the compliance with the resettlement instrument.
 CHAPTER THREE
RESEARCH METHODOLOGY
3.0 Preamble

This chapter contains the method adopted in selection of respondent, collection of data
and analysis of data in line with the objectives of the study. It is divided into seven
sections including the sample design, sample population, sampling frame, sample size,
data requirement, data collection instrument and method of data analysis.

Target population

The relevant data for achieving the objectives of the study will be collected from the
estate surveyors and valuers; who serve as representative to either claimants or
government. The claimants in the compensation process. They are conversant with the
process and will be able to provide the information needed to Answer the research
questions.

Sample frame and sample size

The estate surveyors and valuers will be selected from the list of practising estate
surveyors and valuation firms that are registered with the Nigerian institute of Estate
surveyors and valuers in Benin city. The 2023 directory indicates that there are 55
registered estate surveying firms. This constitutes the sampling frame for the study.
Since the total number is manageable, all members in the sampling frame will be
selected as the sample size
Data requirements

The data to be collected on the first objective includes the process i.e the stakeholders
involved, timing, policies guiding activities and mode of operations, the stakeholders in
compulsory acquisition process in the study area. Data on the challenges being faced by
the stakeholders will be harnessed in the second objective. Such may concern
information management, resource mobilisation, skills and knowhow, bureaucracy and
corruption etc. The third objectives will compare information on the process with global
best practices inorder to draw relevant lessons for Nigeria.

Data Collection instrument

The questionnaire will be employed to collect the relevant information from the estate
surveyors and valuers. The questionnaire will contain both closed ended and open ended
portions to allow for ease of expression of opinion. The questionnaire will be divided into
two sections containing personal information of the respondents/firms and second
section addressing the objectives of the study

Method of data Analysis

The first objective will be analysed using A like descriptive statistics, the second
objective will be analysed using simple descriptive statistics and one sample t-test while
the third objectives will be analysed using comparative analysis such as t-test,
correlation, etc.
Sample design

The research method for this study will be quantitative as it mainly involves a
categorical data which seeks estate surveyor’ responses in attempt to examine property
values. A well-structured questionnaire will be used to collect data from respondents, as
it allows drawing a statistical inference to be made from the study through the sample of
the population.