ABUSE OF POWER OF EMINENT DOMAIN IN NIGERIA: A CRITIQUE

Abstract

This aim of this article is to critically examine the contemporary trends in compulsory land acquisition (eminent domain) in Nigeria, with focus on the deficiencies within the provisions of the Land Use Act 1978, that pertain specifically to the Governor’s exercise of eminent domain. This power has unfortunately become a tool susceptible to abuse in Nigeria, with some Governors employing it to revoke and acquire both private and government properties for personal interests, including favouring cronies, family members, and settling political vendettas. Despite persistent calls from diverse stakeholders for amendments to the Land Use Act, meaningful changes have yet to materialize. Utilizing a combined analytical and qualitative methodological approach, the study highlights instances of gubernatorial abuse in compulsory acquisition, exposing the need for immediate corrective measures. The article argues for urgent legislative intervention, advocating for the repeal of the Act. This article specifically proposes that the legislature takes a proactive role in addressing these challenges and emphasizes the importance of public participation in determining projects aligned with the interests of the people. By involving the public in decision-making processes, the true purpose of revocation can be ascertained, mitigating the risk of diversion for extraneous purposes and ensuring accountability. Urgent legislative reform to rectify the flaws in the current legal framework is highly recommended to restore the integrity of compulsory land acquisition, aligning it with the genuine needs and aspirations of the Nigerian people.