Land is, undoubtedly a fundamental necessity of life. It remains the foundation/framework within which the social, political and economic activities of a society must function. No society can exist without land. The role land plays in the evolution of the human race is better adumbrated by the events well captured for adherents of the Christian religion in Genesis 1:9-10 on the creation of land by the Almighty God on the third day of creation.
The production and utilization of social and economic wealth can never be attempted without land. It remains therefore the most invaluable asset of an individual nay the state. The acquisition of same by the individual for various purposes and the state obviously raise serious socio legal considerations.
While the purport of this paper shall be the factors which should weigh in the minds of individuals and corporate bodies in the acquisition of interests in land, a complete picture cannot be obtained without a discussion of acquisition of interests in land by the state which is often times made compulsorily and the payment of compensation to individuals whose interests have been adversely affected. This is generally done under the Public Lands Acquisition Law. Under section 3 of the Law, the acquisition involves, in the absence of a voluntary agreement, invocation of the compulsive and expropriating power of government to wrest title from an owner of land in accordance with the law which guarantees payment of adequate compensation to the owner and right of access of such an owner to a court of law to assert his right to the property and claim adequate compensation.
In Nigeria, one’s right to one’s property was an entrenched constitutional right under the 1963 and 1979 constitutions as indeed it is under the 1999 constitution. The right is inviolate. Indeed, in the imprisium verba of the constitution itself, such a property or any right attendant thereto can only be taken possession of or compulsorily acquired by or under the provisions of a law. Furthermore, such a law must provide for the payment of adequate compensation. It follows therefore that any purported acquisition which is not according to a law containing the above provisions or conditions is no acquisition at all in the eyes of the constitution/law.