Umahi rules out compensation for bare land owners

The Minister of Works, David Umahi, has reiterated that the Federal Government does not compensate for bare lands, adding that all lands belong to the government.

He disclosed this at the inspection of the Lagos-Calabar Coastal Highway, Section 1 at kilometre 18, Okun Ajah axis, recently.

He said, “Go and read the law; there is no compensation for bare land. All land belongs to the government. Hence, if you are taking what belongs to you, you do not pay compensation; it is the president that directed that anywhere we see a shanty on our corridor, we should pay compensation; it is a kind of human meekness from the president towards the people. We broke no law.

“So, where there is no infrastructure on land, they have to write to Mr. President for a direction on that.”

In an interview with The Punch, the General Secretary, Nigerian Institute of Quantity Surveyors, Lagos Chapter, Folusho Ogunrinde, said land was undeniably an asset whether owned by individuals, businesses, or the government.

He said, “Governments recognise the value of land as an asset and manage it as such. For instance, you cannot encroach on government-owned land for development because it is considered part of their assets.

Similarly, individuals and private entities acquire land either through inheritance, purchase, or investment. When such land is taken away, the argument that compensation should only be for developments and not the land itself is fundamentally flawed. It disregards the asset’s intrinsic value and how it was acquired.

“The 99-year lease system in Nigeria further underscores the value of land as an asset, as this lease is renewable. If governments require compensation for the renewal of a lease or when public use necessitates land acquisition, individuals and private owners deserve similar recognition and compensation for their land when expropriated.

“The law, as it stands, needs urgent redress. The idea that landowners should not be compensated for their land is, frankly, unjust and tantamount to fraud. Land is more than a physical space; it is an economic and generational asset. To deny compensation for it is to undermine the principles of equity and justice. Hence, there is a need for a review of the Land Use Act and constitutional provisions to align with the realities of land as a critical and valuable asset.”

In a similar vein, the Team Lead, Arbitration, Maritime, and Real Estate Practice Group, Stren & Blan Partners, Joseph Siyaidon, posited that non-payment of compensation on bare land was unconstitutional.

He said, “The Land Use Act is merely an existing Act and not part of the Constitution. We humbly submit that the provisions of the Land Use Act, which limit the payment of compensation for private properties compulsorily acquired by the government to only unexhausted improvements on the land, are unconstitutional in that they violate the provisions of Sections 43 & 44 of the Constitution of the Federal Republic of Nigeria (as amended), which extends the right of compensation to all immovable properties, bare lands included.”

Umahi disclosed that the first phase of the coastal highway will be completed by May 29, 2025.

He said, “By May 29 we are facing the commissioning, and we have directed all the comptrollers of works that, by the end of April, every comptroller of works in all the states must give us a minimum of three projects that Mr. President is going to commission.

“From Channel 0, we are going to be commissioning the first 20 kilometres; however, another 10 kilometres would be ready at the end of the project within this period, but we are not commissioning that one, it is going to be phase 2 of section 1 for commissioning. Generally, across the country, we are going to be commissioning projects in phases.”

Meanwhile, the Acting Director of Road Design, Engr. Musa Saidi, assured that the highway construction adheres to approved specifications and includes additional measures for durability. Any realignment is for public interest, safety, and economic reasons,” he said.