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CRITICAL ANALYSIS ON THE LAW RELATING TO COMPULSORY ACQUISITION IN NIGERIA: AN APPRAISAL OF THE CONCEPT AND POLICY OF OVERRIDING PUBLIC INTEREST

ABSTRACT

This work is a critical analysis on the law relating to compulsory acquisition in nigeria: an appraisal of the concept and policy of overriding public interest

. The concept of public interest can be visualized as a continuum that represents the values, aspirations, and objectives of the community or polity.

The purpose of this research is to explore the propriety of the use of powers conferred by the extant laws for compulsory acquisition of property in Nigeria with focus on the applicability of the concept of overriding public

interest. There are no legal safeguards to check the

abusive use of government power in the application and use of the authority conferred upon the State Governors with regards to compulsory acquisition of lands in Nigeria.

Secondly, it is argued that, there are no yardsticks in

place to gauge the excesses of free-riders that degrade lands compulsory acquired for public interest. Consequently, the article recommend amongst others, that there should be safeguards in the law of property in Nigeria whereby lands compulsorily acquired by the government should be used for public projects rather than taken by government personnel for personal uses.

Aside from the compensations payable to the private land owners, further payments should be made for relocation and stress caused to the private owners as it applicable in other jurisdictions such as Canada. The Land Use

Act should be repealed and replaced by legislation that takes into account the traditional land tenure system which pre-existed across all regions of Nigeria prior to the enactment of the Land Use Act.

TABLE OF CONTENT:

CHAPTER ONE

INTRODUCTION

1.1     Background of the Study

1.2     Statement of the Research Problem

1.3     Objectives of the Study

1.4     Significance of the Study

1.5     Research Questions

1.6     Research Hypothesis

1.7     Conceptual and Operational Definition

1.8     Assumptions

1.9     Limitations of the Study

CHAPTER TWO

LITERATURE REVIEW

2.1     Sources of Literature

2.2     The Review

2.3     Summary of Literature Review

CHAPTER THREE

RESEARCH METHODOLOGY

CHALLENGES FACING EXISITING LAWS ON COMPULSORY ACQUISITION IN NIGERIA

CHATER FOUR

SOLTIONS AND RECOMMENDATIONS; WAY FORWARD

CHAPTER FIVE

SUMMARY AND RECOMMENDATIONS

5.1     Summary

5.2     Conclusion

References

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