A LEGAL EXEGESIS ON THE PROTECTION OF DEVELOPER’S RIGHT UNDER PLANNING LAW IN NIGERIA AND SOUTH AFRICA

Abstract

This paper explores the protection of developer’s rights under Nigeria's planning law, providing a comprehensive analysis of the Legislative framework, Rights afforded to developers, and the mechanisms in place to safeguard these Rights. The doctrinal method for data collection, comprised of the analysis of numerous primary and secondary sources of data, is utilized in this study to examine the primary planning Laws, including the Urban and Regional Planning Act of 1992, the Land Use Act of 1978, and the Environmental Impact Assessment Act of 1992, highlighting how these Laws establish the legal foundation for urban and regional development. Key Rights of developers, such as the right to fair hearing, access to information, the ability to appeal decisions, entitlement to compensation, and the right to develop land, are discussed in detail. The paper also identifies the mechanisms that protect these Rights, including the roles of planning authorities, the EIA process, judicial review, and public participation. Furthermore, it addresses the challenges developers face, such as bureaucratic delays, corruption, inconsistent application of laws, and inadequate infrastructure. Despite the emphasis in this work is placed on Nigeria's context, inspiration is drawn from international best practices available in South Africa. The conclusion in this study emphasizes the need for strengthening institutional frameworks, enhancing transparency, and fostering public engagement to ensure the effective protection of developer’s