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Experts advocate abrogation of Land Use Act


 Director of IRWA, Gersh Henshaw

Director of IRWA, Gersh Henshaw

Infrastructual development experts have added their voice to the call for the abrogation of the Land Use Act of 1978, saying it is one of the surest ways of encouraging local and foreign investments.

The experts under the auspices of the International Right –of–Way Association (RWA) Nigeria, Chapter 84, said the Act as it presently constituted did not provide for payment of compensation for bare land except refund of ground rent paid in case of revocation of Right of Occupancy.

According to them, the core of all the troubles in land and right of Way, (ROW) acquisition centre on compensation and replacement cost are recognized by the law and not the market value for impacted buildings, while adequate compensation and due process, injurious affection, disturbances or severance are not mentioned in the principal acquisition law.’


Speaking at Educational Seminar on ” Best Practices and Emerging issues in Right of Way Acquisition and Compensation organized by IRWA Nigeria Chapter 84 in Abuja, the immediate Past International Director of IRWA, Gersh Henshaw, said the seminar was designed to educate and equip right –of-way practitioners in the fulfillment of professional obligations to their employers, whether they be the public or the Stockholders of private organiSation.

‘’This is especially true with respect to the multitude of vital community, regional and national improvements, highways, flood control projects, public utility construction, pipelines, railroads and all other public quasi-public development activities.’’

Earlier In his address, the President IRWA Nigeria, Chapter 84, and Fellow, Nigerian Institute of Estate Surveyors and Valuers, Kenechukwu Onuche said that the vision of the Association is to create awareness, trust and confidence in professionals who contribute to building a better world.

He stressed that the association, which cut across professions especially in infrastructure development, has united the efforts of its members towards professional development, strong ethics and improved service to employers and the public together with advancement within the right of way professionals.

For Chief Peter Ozili, time has come for the abrogation of the 1978 Act to give way for genuine infrastructure development stressing that such abrogation or amendment will correct all the anomalies associated with the right of way practice in Nigeria.

’To worsen the matter, no court in Nigeria has the jurisdiction to handle cases on the adequacy of the amount of compensation paid; this is the dilemma of ROW profession in Nigeria.

“Dispute adjudication is placed on the non-existent land tribunals in the name of the Land Use and Allocation Committee (LUAC) and Land Allocation Advisory Committee (LAAC) for the urban and rural areas respectively,’ he lamented.

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Gersh HenshawIRWA
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