A CRITICAL APPRAISAL OF THE CONSENT REQUIREMENT AND COMPENSATION PROVISIONS UNDER THE LAND USE ACT OF 1978

This study undertakes a critical appraisal of the Land Use Act of 1978, with particular emphasis on two persistent issues: the requirement of the Governor's consent for land transactions and the inadequacies of the compensation regime for compulsory acquisition. The research traces the historical evolution of land tenure in Nigeria and explores how the Act centralized land administration under state control, thereby altering customary land rights. It argues that the Governor's consent provision, though intended to streamline land administration, has instead fostered bureaucratic delays and created barriers to property ownership and investment. Additionally, the study highlights how the compensation framework, by excluding payment for the land itself and relying on outdated valuation methods, often fails to provide just and adequate recompense to affected landowners. Through doctrinal analysis and review of judicial interpretations, the work identifies key legal and practical shortcomings in the Act. It concludes with proposals for legislative reform to enhance fairness, efficiency, and transparency in land governance.