Abstract
The position of the law as regards compulsory acquisition of land as contained in section 28 of the Land Use Act 1978 (LUA) and section 44 of the Constitution of the Federal Republic of Nigeria 1999 (CFRN) is clear and straightforward. However, the legal framework remains incomplete and unjust where it fails to reckon with tenancy interests. This paper examined compulsory acquisition of land and tenancy relationship in Nigeria, exposing the legal, procedural and institutional gaps that render tenants legally invisible and economically vulnerable. While the LUA vests land in the governor for the benefit of Nigerians and permits revocation for overriding public interest, its silence on tenancy-specific safeguards permits widespread dispossession without redress. Tenants, although often in de facto possession, are left unprotected when land is acquired. Their rights, expectations and economic stakes are extinguished without notice, consultation or compensation. This paper identified this exclusion as a critical fault line in the architecture of Nigeria’s land acquisition law. The paper discussed how compulsory acquisition distorts tenancy relationships and undermines both contractual stability and social protection. It critiqued the LUA’s compensation framework, which focuses narrowly on statutory right holders and improvements to land, and excludes lawful tenants unless they can prove investment in permanent structures. Tenants’ loss of lawful possession, livelihood or housing security is rarely compensated. The paper therefore argued that this regime contradicts the principles of justice and legality underlying the right to property under section 43 of the CFRN and fails to meet international standards of equitable expropriation.
Keywords: Compulsory Acquisition, Tenancy Interest, Compensation, Land Use Act 1978, Landlord-Tenant Relationship