By Mashe Umaru Gwamna
An Estate Surveyor Valuer ESV. Patrick Okeke said the federal government decisions on
transferred of compensation payment to state government on projects has serious effect.
ESV. Okeke made the disclosure yesterday in Abuja .
He said the control and management of land in Nigeria is constitutional summed up in the Land Use Act (LUA) of 1978.
“This law vests all land comprise in the territory of each state (except land vested in the Federal Government or its Agencies) solely in the Governor of the state who would hold such land in trust for the people and manage it for overall interest of the people”.
“The laws under section 28 conferred on the Governor power to revoke rights of Occupancies (Whether Customary or Statutory) for overriding public interest whilst Section 29 of LUA provides for the Compensation payable on revocation of Right of Occupancy by the Governor.
Specifically, Compensation Under Subsection (1) shall be.
He said the compensation of the land is for an amount equal to the Rent, if any paid by the Occupier during the year in which the Right Occupancy was revoked.
“Be it Building, Installations, or improvements thereon for the amount of the replacement cost of the building or improvements
Crops and Economic Trees”, he said .
He emphasized that given the above constitution provisions of the law, the federal government in carrying out developmental projects in the federating states liases with the state governments which facilitate acquisition of land for federal government, however, subject to payment of compensation by the Federal Government or subsisting unexhausted/Interests as specified by the law.
“This has been the modus operandi over the years with Federal Government projects Successfully executed in the states without any ranchor”.
He however explained that, during the last administration of President Muhammadu Buhari, the Former Minister of Works and Housing, Babatunde Fashola made a policy proposal to the federal government which was presented at the Federal Executive Council Meeting that the burden, responsibility of Payment of Compensation on Acquisition of Land for Federal Government projects Domiciled in any state of the Federation be transferred to, better put be undertaken by the respective state especially Acquisition for Right of Ways.
“The federal government at the Federal Executive meeting accepted the proposal not only without in-depth understudy but failed to refer it for constitutional amendment to that effect”.
According to him “Given the nature of Federal system of Government the country operates where states majorly depend on funds, allocations from the Federal Government to carryout majority of its responsibilities, the various states vehemently declined on undertaking the responsibility with reasons obvious to all being financial incapability”.
“The consequential effect of this policy decision imposes and stalemate almost all the federal Government Road projects in the states. Again, this has also brought about brought about accumulated unpaid quantum of compensation”.
He said “The question then is, to whom has this policy decision benefited? Is the Federal Government or the state Government, or the project which is made to suffer with its attendants’ effect especially as regards to variations in cost as a result of inflation or the people to whom the projects are made to benefit?
This is the situation where we find ourselves and not until this matter is resolved, federal Government Projects especially road projects may remain stagnated”.
Meanwhile, He noted that “It is resistible and imparation to void hasty decisions especially with such issues that will have a far-reaching impact on the development and growth of our country Nigeria”.
