The Legality Of Government Restrictive Compensation Under The Land Use Act (LUA)

The right to property is central to human existence and it is a fundamental pillar of all democratic societies. The rights of every citizen of Nigeria to own movable or immovable property in any part of the country is guaranteed under section 43 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended). Prior to the promulgation of the Land Use Act (LUA), there was trenchant public concern over the astronomically high cost of land in Nigeria. This posed tremendous difficulties not only to individuals but also to governments in need of land for sundry development purposes. Land ownership was relatively concentrated in the hands of few influential persons in the society who most often than not refuse to release these lands to the government for the purposes of providing infrastructural development that will benefit the public at large. Even when it is released to the government, it is released at a cost far above its market value. The gap between the rich