Resolving Disputes Arising from Expropriation in Nigeria through the Mechanism of Alternative Dispute Resolution
Abstract:Dissatisfaction about the government take-over of private land for public use has been a common phenomenon in Nigeria, partly, because of the people’s perception about the viability or the genuineness of the proposed projects. The Land Use and Allocation Committee (LUAC) one of whose core mandates is to determine disputes arising from incident of expropriation has been criticised to be preponderantly skewed in favour of the government and leaves much to be desired. This study therefore undertook a critical examination of the provisions of the land Use Act, 1978 in relation to settlement of disputes arising from compulsory land acquisition in Nigeria. It was found that the LUAC has the tendency to be susceptible to abuses owing to its composition. The non-justiciability of expropriation-compensation matters repels against sentinels of justice and fair play. Therefore, this study recommended a paradigm shift to Alternative Dispute Resolution (ADR) mechanisms. This is in tandem with global trend win-win justice system and if this is inculcated into the enabling statute of expropriation, inter party differences and frictions will be reduced to the barest minimum.
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