In Nigeria,the recurring impoverishment and other negative socioeconomic impacts endured by landholders affected by expropriation are well-documented and call into question the Land Use Act’s(LUA)effectiveness in protecting local land rights.The World Bank’s Land Governance Assessment Framework found that,in Nigeria,“a large number of acquisitions occurs without prompt and adequate compensation,thus leaving those losing land worse off,with no mechanism for independent appeal even though the land is often not utilized for a public purpose”.Such negative outcomes may be due to a number of factors,including corruption,limited capacity,and insufficient financing as well as Nigeria’s weak legal framework.According to a recent study of compensation procedures established in the national laws of 50 countries,Nigeria’s compensation procedure lags behind many of the countries assessed because the LUA mostly fails to adopt international standards on the valuation of compensation.This article examines Nigerian expropriation and compensation procedures in more detail by combining both an in-depth legal analysis of Nigeria’s expropriation laws as well as survey and qualitative research that indicates,to some extent,how expropriation laws function in practice in Nigeria.This article argues that the LUA must be reformed so that,whenever land is expropriated for development projects,the government and private sector entities(i.e.,acquiring bodies)have a legal obligation to provide sufficient and prompt compensation,alternative land,jobs,equity shares,and other entitlements to affected landholders.Moreover,the LUA should obligate the government and acquiring bodies to follow a transparent and participatory process when expropriating land and compensating communities so that,if properly enforced,the reformed LUA can mitigate the risks commonly associated with expropriation,including landholder impoverishment,displacement,food insecurity,and conflict. |