ESV. Emmanuel Mark, Ph.D.
The provision of infrastructure is the backbone of economic growth, development, and competitiveness in any region.
The delivery of essential services such as water, electricity, waste disposal, and road development has a direct and profound impact on communities, improving public welfare and enhancing the overall quality of life.
However, a fundamental prerequisite for infrastructure development is the availability and provision of land.
Land, as a finite and limited factor of production, poses a significant constraint in the development process.
The concept of compulsory acquisition empowers governments to acquire land for overriding public purposes, but the process of land acquisition is often marred by numerous challenges. Adequate compensation is crucial in this process.
Several studies suggest that compensation must fulfill three essential conditions: payment of all losses incurred, consideration of physical factors, and valuation based on the date of the first proposal to acquire the land.
One of the major challenges facing public infrastructure provision in Nigeria is access to land.
Despite the legal backing of compulsory acquisition, the process is often hindered by poor land administration mechanisms, making it difficult to transfer land to the state for development.
Land administration alone cannot deliver the scale of land required for public infrastructure; broader issues of land governance must be addressed.
The importance of sound land governance cannot be overstated. Various international conventions and declarations recognize the rights of property owners and indigenous communities to their land.
These include the American Convention on Human Rights, the African Charter on Human and Peoples’ Rights, and the European Convention on Human Rights and Fundamental Freedoms.
In Nigeria, key legal instruments governing the acquisition of right of way include the Land Use Act, the Oil Pipelines Act, the Electric Power Sector Reform Act, and the 1999 Constitution.
These laws provide a framework for land acquisition, compensation, and dispute resolution.
Professional bodies such as the International Right of Way Association (IRWA) and the Nigerian Institution of Estate Surveyors and Valuers (NIESV) play a pivotal role in shaping Nigeria’s infrastructure development landscape.
Their expertise and commitment to global best practices are invaluable in ensuring that land acquisition processes are fair, transparent, and equitable.
By actively engaging these professionals in policy formulation and project execution, Nigeria can adopt more efficient land acquisition systems that serve both public interests and private rights.
To improve right of way acquisition in Nigeria, a number of critical reforms are needed. The process must be rooted in fairness, allowing dispossessed landowners the opportunity to object to and challenge decisions.
Transparency must be prioritized, with clear communication of the purpose and procedures of acquisition.
Meaningful stakeholder involvement is essential, ensuring communities are part of compensation-related decision-making.
Equitability must be guaranteed, with facts guiding compensation and resettlement outcomes.
Additionally, a comprehensive review of Nigeria’s legal framework is necessary to modernize and harmonize the laws that empower public authorities to acquire land.
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In conclusion, addressing the challenges of right of way acquisition in Nigeria requires a delicate balance between the public need for land and the protection of property rights. Sound land governance is vital to achieve this balance.
Reforming the acquisition process in line with international best practices is imperative.
The greatest challenge lies in improving land governance to enhance access to land for sustainable public infrastructure provision.
Through collaboration with professional bodies and the implementation of globally recognized best practices, Nigeria can overcome these challenges and achieve its infrastructure development goals.
The benefits of effective right of way acquisition are numerous. It can stimulate improved infrastructure development, boost economic growth, and enhance public welfare. It also promotes transparency, accountability, and fairness in the use of public resources.
As Nigeria continues on its development trajectory, it must prioritize land governance and a robust right of way acquisition process.
This will ensure that infrastructure development is not only sustainable and equitable but also genuinely beneficial to all Nigerians.
Ultimately, the future of infrastructure development in Nigeria hinges on the country’s ability to harmonize public needs with private property rights.
Through strategic engagement with international institutions and the adoption of best practices, Nigeria can build a more inclusive and progressive right of way acquisition framework, propelling the nation toward long-term development and prosperity.
ESV. Emmanuel Mark, Ph.D
Fnivs, Frics, SR/WA, RSV
Past President, IRWA Chapter 84, Nigeria
2nd Vice President, Nigerian Institution of Estate Surveyors and Valuers (NIESV)
