Compensation for Compulsory Acquisition of Land for Mining Activities in Nigeria : A Regime in Search of Viable Solution

The right of government to compulsorily acquire land for public purpose including but not limited to mining purposes is universally recognised. Equally axiomatic is the right to adequately compensate the deprived landowners for the loss of their land to the public. This paper discusses the power of government to compulsorily acquire land for mining purposes under the Nigerian law and the concomitant obligation to pay compensation. This is done by examining the extant compensation laws and practice with a view to determining its fairness and adequacy. This paper finally concludes that Nigerian compensatory laws are inadequate, unfair and meager to provide sufficient incentives to landowners to compensate them for the loss of their proprietary interests in land. The compulsorily acquisition of land for mining purpose without adequate compensation is not only unjust but a serious violation of the property right guaranteed under the Constitution of the Federal Republic Nigeria and the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act