LAND ACQUISITION BY THE GOVERNMENT

By virtue of the Public Lands Acquisition Law, the state government may acquire land compulsorily for public purpose from individual land owners subject to the payment of compensation to such landowners.

The notice of acquisition by the government must be served on the land owner as the courts have consistently held that non service of the Notice of Acquisition would render the acquisition invalid. It must be noted that the acquisition of private individuals’ interest in land can only be done by the government for public purpose as any acquisition not done for public purpose will be declared invalid by the courts on being challenged.

The courts have in the past declared as invalid.

1. The acquisition of some plots of land later leased by the government to a private company for the development of a hotel.

2. The acquisition of some plots of land by the government for the further development of a church. In Belo vs. Diocesan Synod of Lagos (1973) 3SC 103 a notice of acquisition was declared null and void because the land was acquired by the Lagos State Development and Property Corporation for the development and expansion of a church.

Furthermore, as the Notice of Acquisition represents a constructive notice to the whole world, there is need for members of the public desirous of purchasing land to confirm through a solicitor, whether the land/property they are purchasing is under government acquisition. While it is true that government may decide to excise some area from the already acquired land area, prospective land purchasers must ensure that such excision and the precise areas properly gazette.

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