Examining Compulsory Acquisition and Compensation in Kano Municipal

ABSTRACT

The current method of compensation adopted by government has been criticized by many scholars and claimants. Scholars held a view that the compensation paid to the claimants is much inadequate. The claimants on the other hand do sometimes claim that the compensation paid to them does not restore them back to the state they were before the acquisition, the compensation is not paid to them on due time and the quit notice given to them is sometimes inadequate. This research examines the adequacy and promptness of compensation paid to the affected land owners in Kano Municipal for the construction of River Jakara road in Kano state, assesses the current method of valuation dictated by the enabling law to be used in determining the compensation payable to dispossessed owners which is Depreciated Replacement Cost (DRC) approach and recommends the best method to be used by government for compensating the affected land owners when their properties are acquired compulsorily for the purpose of providing infrastructure for the benefit of public. Data were collected using close-ended questionnaire administered to the claimants and analyzed using frequency distribution tables and charts. The research discovered among other findings that the compensation paid to the claimants is adequate but the quit notice given to the claimants is inadequate, thus, government needs to be given adequate quit notice to the claimants.

TABLE OF CONTENTS

DECLARATIONI

CERTIFICATIONII

APPROVALIII

ACKNOWLEDGMENTIV

DEDICATIONV

LIST OF FIGURESVI

LIST OF TABLESVII

TABLE OF CONTENTSVIII

ABSTRACTXI

CHAPTER ONE

INTRODUCTION1

1.1 BACKGROUND OF THE STUDY1

1.2 STATEMENT OF PROBLEM3

1.3 RESEARCH QUESTIONS3

1.4 AIMS4

1.5 OBJECTIVES OF THE STUDY4

1.6 JUSTIFICATION OF THE STUDY4

1.7 SCOPE OF THE STUDY5

1.8 DESCRIPTION OF THE STUDY AREA AND LOCATIONAL MAP5

CHAPTER TWO

LITERATURE REVIEW7

2.1 LAND7

2.2 LAND TENURE SYSTEM8

2.3 LAND USE ACT OF 19789

2.4 COMPULSORY ACQUISITION12

2.5 COMPENSATION13

2.6 PURPOSE OF COMPULSORY ACQUISITION AND COMPENSATION16

2.7 PROCESS OF COMPULSORY ACQUISITION AND COMPENSATION17

2.8 BRIEFLY COMPENSATION POLICY AT INCEPTION PRIOR TO PROMULGATION OF LAND USE ACT (1978)18

2.9 GLOBAL PRACTICES ON VALUATION FOR COMPENSATION19

2.10 METHOD OF CALCULATING COMPENSATION IN NIGERA UNDER LAND USE ACT (1978)21

2.11 FACTORS THAT INFLUNCE ADEQUACY OF COMPENSATION23

2.12 FACTORS THAT LEAD TO INADEQUACY OF COMPENSATION24

2.13 KNOWLEDGE GAP25

CHAPTER THREE

RESEARCH METHODOLOGY27

3.1 INTRODUCTION27

3.2 RESEARCH DESIGN27

3.3 TARGET POPULATION27

3.4 STUDY POPULATION27

3.5 SAMPLING FRAME27

3.6 SAMPLING SIZE28

3.7 SAMPLING TECHNIQUE28

3.8 INSTRUMENT FOR DATA COLLECTION28

3.9 METHOD OF ANALYZING THE DATA28

3.10 GRADING PARAMETERS29

CHAPTER FOUR

DATA PRESENTATION AND ANALYSIS30

4.1 INTRODUCTION30

4.2 DISTRIBUTION OF QUESTIONNAIRES30

4.3.1 Gender of the Respondents31

4.3.2 Level of Education of the Respondents31

4.3.3 Occupational Status32

4.3.4 Where You Affected by the Compulsory Acquisition and Compensation?32

4.3.5 Were You Served Any Notice Before the Acquisition?33

4.3.6 How Was the Notice For Acquisition Served?33

4.3.7 Was All Acquired Land Used For Public Purpose?33

4.3.8 Do You Know the Method Used by Government to Determine the Compensation?33

4.3.9 What Do You Think Was Assessed In the Process of Acquisition?34

4.3.10 How Are You Compensated?34

4.3.11 Which Method of Compensation Do You Consider Suitable From the Above Options?35

4.3.12 How Long Did It Take Before Compensation?35

4.3.13 Were You Paid Any Interest for Delayed Payment?36

4.3.14 Did the Compensation Paid to You Put You Back to the State You Were Before the Compulsory Acquisition?36

4.3.15 What Do You Think About the Method of Compulsory Acquisition And Compensation?37

4.3.16 What Should Be Reviewed?37

4.3.17 How Satisfied Are You About the Compensation Paid to You?38

4.4 DISCUSISION OF FINDINGS39

CHAPTER FIVE

CONCLUSION AND RECOMMENDATION41

5.1 SUMMARY OF FINDINGS41

5.2 CONCLUSION42

5.3 RECOMMENDATION42

REFERENCES43

APPENDIX I

QUESTIONNAIRE47

APPENDIX II

PICTURES OF THE AFFECTED AREA50