An Examination of the Legal Regulation of Land Acquisition for Infrastructure Projects in Benue State

Compulsory land acquisition by government for infrastructure development in Benue State, North Central Nigeria, has generated significant community resistance, legal disputes, and allegations of inadequate compensation, raising fundamental questions about the adequacy of the Land Use Act framework for protecting occupancy rights. This study examines how land is acquired for federal and state infrastructure projects in Benue State under the Land Use Act 1978, the Federal Roads Act, and relevant Benue State laws. Fieldwork interviews were conducted with 25 affected landholders displaced by road construction projects in Makurdi, Gboko, and Otukpo, alongside interviews with 10 Ministry of Lands officials and five infrastructure lawyers. Results indicate that compensation assessments are consistently below market value because the Land Use Act restricts compensation to improvements rather than the land itself. The public inquiry process before acquisition is frequently bypassed in practice. Legal aid for challenging inadequate compensation is unavailable to most displaced persons. The study concludes that the Land Use Act's compensation framework is constitutionally questionable and practically unjust, particularly for farming communities. Recommendations include a Land Acquisition and Compensation Reform Act, mandatory independent valuation of affected land rights, and a community legal assistance programme for infrastructure-displaced persons in the North Central zone.

Keywords: compulsory acquisition, Land Use Act, infrastructure projects, Benue State, compensation