Compulsory Purchase and Payment of Compensation in Nigeria: A Case Study of Federal Capital Territory (FCT) Abuja.

Abstract

The ruling of the Abuja Division of the Court of Appeal (1999) states that the Land Use Act (LUA) does not apply to lands within the Federal Capital Territory (FCT) Ipso facto. The distinction between urban and non-urban Land created by the Land Use Act is not applicable within the territory. Hence only the Federal Capital Development Authority (FCDA) is competent to grant Rights of Occupancy in respect of land within the Federal Capital Territory, Abuja. This paper examines how land may be acquired in FCT with particular emphasis on the payment of compensation; it reveals that, apart from delayed payment of compensation, current provisions of the law cannot adequately compensate dispossessed owners. It recommends that the National Assembly should come to the rescue with a definite legislation that will be applicable to the incidence of land holding in the FCT, Abuja and the establishment of a Lands Tribunal system to deal with compensation valuation issues in all the States of the Federation including Abuja.

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