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FILE. Lagos-Calabar highway
Legal and property experts have criticised the Federal Government’s refusal to compensate landowners without buildings displaced by the Lagos-Calabar Coastal Highway project, describing the policy as unconstitutional and unjust.
The General Secretary of the Nigerian Institute of Quantity Surveyors, Lagos Chapter, Folusho Ogunrinde, in a chat with PUNCH Online, emphasised that land is a critical asset with economic and generational value.
He stated, “When such land is taken away, the argument that compensation should only be for developments and not the land itself is fundamentally flawed. It disregards the asset’s intrinsic value and how it was acquired.”
Ogunrinde added that denying compensation for land undermines equity and justice, saying, “The 99-year lease system in Nigeria further underscores the value of land as an asset, as this lease is renewable. If governments require compensation for the renewal of a lease or when public use necessitates land acquisition, individuals and private owners deserve similar recognition and compensation for their land when expropriated.
“The law, as it stands, needs urgent redress. The idea that landowners should not be compensated for their land is, frankly, unjust and tantamount to fraud. Land is more than a physical space, it is an economic and generational asset. To deny compensation for it is to undermine the principles of equity and justice. Hence, there is a need for a review of the Land Use Act and constitutional provisions to align with the realities of land as a critical and valuable asset.”
Similarly, a legal expert with Stren & Blan Partners, Joseph Siyaidon, described the policy as unconstitutional, citing Sections 43 and 44 of Nigeria’s constitution.
“The Land Use Act is merely an existing Act and not part of the Constitution, we humbly submit that the provisions of the Land Use Act which limits the payment of compensation for private properties compulsorily acquired by the Government to only unexhausted improvements on the land, is unconstitutional in that it violates the provisions of Sections 43 & 44 of the Constitution of the Federal Republic of Nigeria (as amend) which extends the right of compensation to all immovable properties, bare lands inclusive,” he stated.
Displaced landowners have also voiced their grievances. Peter Mgbeahuru, who lost two and a half plots of land valued at N487m in Lagos, described the non-compensation policy as “disheartening and inhuman.”
According to him, he had spent N14m on sand filling and other improvements on the land, only to be told that no compensation would be provided because the land lacked buildings.
He said, “Minister of Works said FG will not pay me any compensation for acquiring my two and a half plots of land affected by the Lagos-Calabar Coastal Rd at Aro Town. They claim that I did not have a building on the land. Then I ask, is land not an asset with value? Is land not sold and bought by people/organisations/governments?”
Experts and affected individuals are urging the government to recognize the intrinsic value of land and to provide fair compensation to landowners, regardless of whether their land is developed or not.
Based on insights from PUNCH Online’s feature, “From homeowners to squatters: Metamorphosis of landlords displaced by Lagos-Calabar Coastal Highway“.
