Introduction

As Quantity Surveyors, our primary focus is often on cost planning, procurement, and contract administration. However, the foundation upon which any major infrastructure project is built—quite literally—is land.

The journey from identifying a project corridor to having a shovel-ready, unencumbered site is fraught with complex legal and administrative hurdles. In Nigeria, this process can become a labyrinth that poses serious risks to project timelines and budgets.

This article explores the core legal obstacles in land acquisition for major infrastructure projects in Nigeria, drawing from real-world challenges and case studies. For the astute Quantity Surveyor, understanding these issues is not merely academic—it is essential for risk management and cost control.

The Legal and Institutional Framework: A Double-Edged Sword

The primary legislation governing land in Nigeria is the Land Use Act (LUA) of 1978. While it aimed to simplify and consolidate land laws, its provisions have, in practice, created a centralized and cumbersome process for large-scale land acquisitions.

1. The Vesting of Land in State Governors

A key provision of the LUA is that all land within a state is vested in the Governor, who holds it in trust for the people. This means that any major project requiring more than a small parcel of land must engage with the state government.

The Obstacle:
This centralization introduces a political dimension into what should be a technical and legal process. Negotiations extend beyond landowners to include the state, which may have its own fiscal priorities, political considerations, and bureaucratic delays.

QS Implication:
The “land cost” component of a project budget becomes highly volatile—not just market value, but negotiation costs, state-imposed premiums, and the unquantifiable cost of delays.

2. The Ambiguity of “Overriding Public Interest”

The LUA allows the government to revoke a right of occupancy for “overriding public interest.” While necessary for development, the term is often vague and subject to legal challenge.

The Obstacle:
Aggrieved landowners can file lawsuits, claiming the project doesn’t serve genuine public interest or involves excessive acquisition. Such injunctions can stall projects for years.

QS Implication:
A prudent Quantity Surveyor should include substantial contingency allowances—sometimes up to 20–30% of the land acquisition budget—to cover potential legal costs and delays.

The Challenge of Title and Documentation

1. The Duality of Land Tenure Systems

Nigeria operates both statutory (registered titles under the LUA) and customary (traditional ownership) systems. Most rural and peri-urban lands—where infrastructure projects are sited—fall under customary tenure.

The Obstacle:
Ownership under customary law depends on oral history and community recognition, which are difficult to prove in court. Conflicts often arise when multiple groups claim the same land.

QS Implication:
Due diligence must go beyond title searches. It requires community engagement, historical verification, and mapping potential claimants—all of which increase preliminary costs but reduce long-term risk.

2. Inadequate and Outdated Land Registries

Many state land registries are outdated, paper-based, and poorly maintained. Missing records and unclear boundaries make title verification unreliable.

The Obstacle:
Documents may be decades old or lack proper survey plans, creating uncertainty about rightful ownership.

QS Implication:
Every major project should budget for independent surveys and verification exercises, which increase upfront costs but protect against future litigation.

Case Study: The Lagos–Ibadan Expressway Right-of-Way (RoW) Issues

The rehabilitation of the Lagos–Ibadan Expressway, Nigeria’s busiest highway, highlights the complexity of land acquisition.

The Legal Hurdle:
Reclaiming the Right-of-Way required identifying and demolishing encroachments. Many occupants had purchased land with incomplete or fraudulent documents. Legal disputes and injunctions from affected “owners” delayed progress for years.

The QS Impact:

• Compensation and demolition costs became major financial burdens.

• Court injunctions caused significant delays, inflating overheads and material costs.

• The initial cost estimate for RoW clearance was grossly underestimated.

The Quantum of Compensation and Resettlement

1. Determining “Market Value”

Compensation is legally based on open market value, but in dynamic or speculative markets, valuation becomes contentious.

The Obstacle:
Landowners inflate claims, while government valuers are often under-resourced or outdated. Disagreements can trigger lengthy negotiations or litigation.

QS Implication:
Quantity Surveyors must be involved early in valuation, applying data-driven market analysis and pre-agreed valuation methodologies to ensure fairness and consistency.

2. Beyond Cash: The Challenge of Resettlement

Large infrastructure projects frequently displace communities, and monetary compensation alone is rarely sufficient.

The Obstacle:
While the Land Acquisition Act provides for compensation of crops and structures, it lacks a framework for social and economic resettlement. This omission often results in unrest and project disruptions.

QS Implication:
A proactive QS should advocate for a Resettlement Action Plan (RAP) that covers:

• Alternative housing and livelihoods.

• Community infrastructure replacement.

• Social integration and sustainability.

Such plans align with World Bank standards and ensure long-term project stability.

Conclusion: From Obstacle to Opportunity

The legal obstacles to land acquisition in Nigeria are formidable but navigable. For the forward-thinking Quantity Surveyor, they represent opportunities to demonstrate strategic and leadership value.

By going beyond traditional cost planning and understanding the legal, social, and political dynamics of land acquisition, the QS can:

1. Develop more accurate and realistic project baselines.

2. Identify and mitigate risks early.

3. Champion stakeholder engagement and transparent communication.

4. Integrate resettlement and compensation planning as core project components.

Navigating Nigeria’s land acquisition maze is a test of foresight and expertise. For the QS who masters it, the reward is not just a balanced budget—but a project built on a secure, sustainable foundation.