Have you ever wondered or asked yourself “If the government can acquire your land even when you have a Certificate of Occupancy?” Want to know your rights when the government needs your property for public projects?

In this article, I’ll shed light on everything you need to know about when and how the government acquires land in Nigeria, even when you hold a valid C of O.

But before that, what gives the government the right to take private property? The Nigerian Land Use Act gives the federal and state governments the power to acquire private land for public purposes.

Let me explain when and how the government can acquire your land and what you can do to protect your interests.

When Can the Government Acquire Land Despite Having CofO?

1. Public Interest Projects

The government can acquire your land for projects that would benefit the general public. These projects include:

  • Road construction

  • Airport and seaport construction or development

  • Schools and hospitals

  • Housing estates for public workers

The Land Use Act allows the government to acquire individuals‘ land compulsorily upon the payment of compensations and when such acquisition is for public purpose . Courts generally support government acquisition for genuine public projects.

The federal government can as well acquire land for other purposes like military installations, border facilities, and strategic infrastructure.

Some of these acquisitions often happen quickly with limited time frames for property owners to challenge the decision.

2. Urban Development Plans

State governments can acquire your land, even when you have a C of O to implement master plans and execute urban development projects. This project includes:

  • New city centres

  • Industrial zones

  • Recreational facilities

  • Government administrative areas of local governments.

Your C of O doesn’t “fully” prevent acquisition of your land if it falls within approved urban development plans. This is why you must do due diligence before purchasing properties.

3. National Security Needs

National security acquisitions often happen quickly. And most times this short timeframe leaves limited opportunity for property owners to challenge these acquisitions.

The Federal Government can acquire your land for national security purposes like, including military installations, border facilities, and strategic infrastructure.

4. Economic Development Projects

The Government can acquire land for major economic projects like:

  • Oil and gas facilities

  • Industrial parks and factories

These acquisitions aim to create jobs and boost economic growth in specific regions.

Legal Framework for Government Land Acquisition

The Land Use Act of 1978 is the principal legislation governing land ownership and compulsory acquisition in Nigeria. Under this Act, all land in Nigeria is vested in the hands of the government, with state governors holding the land in trust for the people.

1. The Land Use Act of 1978

This law gives state governors control over all land within their states. Under this Act, the government acquire land by:

  • Ensuring the acquisition serves public interest

  • Such public interest or acquisition to be published in the newspapers or gazette

  • Paying fair compensation to affected property owners

  • Following due process as outlined in Section 24 of the Land Use Act of 1978

2. State Acquisition Laws

Each state has specific laws governing how the government acquire land within their territory. These laws must follow federal guidelines but can include additional procedures.

Some states have stricter requirements for public notice and consultation before acquisition begins.

How Government Land Acquisition Works in Nigeria

1. Location Assessment and Planning

Authorized Government agencies identify land location and the size needed for specific projects and conduct feasibility studies. This stage often happens without property owners knowing.

During the planning phase, government officials:

  • Survey the land location

  • Assess current land use and ownership

  • Estimate acquisition costs and compensation

  • Prepare project justification documents

2. Public Notice Publication

Once acquisition is approved, the government must publish acquisition notices in national newspapers. These notices include:

  • Description of land to be acquired

  • Purpose of the acquisition

  • Timeline for the acquisition process

  • Contact information for inquiries

Property owners have specific time periods to respond to these notices or challenge the acquisition.

3. Property Valuation

Government approved valuers would visit the target location to check and assess fair market value of the properties. This valuation determines compensation amounts.

You can request independent valuation for your property if you disagree with government assessment. Multiple valuations often help reach fair compensation agreements.

4. Compensation Payment

The government must pay fair compensation, in accordance with the Land Use Act before taking possession of acquired lands. Compensation typically should cover for:

  • Current market value of the land

  • Value of any buildings or improvements

  • Disturbance allowances for relocation costs

Payment should happen promptly, though delays sometimes occur due to bureaucratic processes.

5. Possession and Transfer

After paying compensation, the government takes legal possession of the acquired land. Previous C of O documents become invalid, and new titles are issued if needed.

Your Rights When Government Acquire Land

1. Right to Fair Compensation

You are entitled to fair and adequate compensation for the land acquired. The Land Use Act of 1978 governs land acquisition in Nigeria and provides for the payment of compensation. The compensation should reflect the market value of the land at the time of acquisition, as well as any improvements on the land. Landowners can negotiate with the government or seek legal recourse if they feel the compensation offered is inadequate.

2. Right to Legal Challenge

You have the right to challenge the legality or necessity of the acquisition. Get a reputable lawyer and proceed to file a lawsuit to challenge the acquisition if you believe:

  • The acquisition doesn’t serve genuine public interest

  • Proper procedures weren’t followed

  • Compensation offered is inadequate

  • Your property rights are being violated unfairly

Courts can order the government to follow proper procedures or increase compensation amounts.

3. Right to Negotiation

You can negotiate with the government for alternative land arrangement or suitable compensation packages.

This could involve exchanging the acquired land for an equivalent parcel in a different location or receiving compensation in the form of alternative land or other benefits. Negotiation is often a preferred approach to resolve disputes amicably.

4. Right to Adequate Notice

The government must give proper notice before acquisition begins. This notice period allows you to:

  • Prepare for relocation if necessary

  • Gather evidence for fair compensation claims

  • Seek legal advice about your options

  • Challenge the acquisition if grounds exist

5. Right to Judicial Review

You have the right to seek judicial review of the acquisition process. This is to determine whether the government followed the proper legal procedures. Judicial review helps you to;

  • Scrutinize the decision-making process of the acquisition

  • Assess if the acquisition is fully legal and in public interest or orchestrated

  • Confirm reasonability of the compensation

Conclusion

While having a Certificate of Occupancy provides tight security of your property, it doesn’t prevent the government from acquiring your land for genuine public purposes. Understanding when and how the government acquires land helps you prepare and protect your interests.

Remember that most government acquisitions involve fair compensation and follow legal procedures. By understanding the process and your rights, you can navigate these situations successfully.

Have you been wanting to buy land or a house in Ibadan, Epe, Ajah, Lekki, Ibeju-Lekki or anywhere in Nigeria? Reach out to us on +234 806 400 3456 or send an email to support@godslandempire.com. We are ever ready to assist you on your property ownership journey in Nigeria.