Umar Shuaibu
8 July 2009
opinion
Abuja — With the present astronomical increase in unemployment the peasant farmers need to be encouraged rather than rendered unemployed when their lands are being taken away for urbanization without replacements.
Thus in order to reduce emphasis to compensation on monetary values the replacement of lands to the peasant farmers for their continuous farming activities elsewhere should be given priority. On the other hand, while it is necessary for the law to make it possible to make plans for orderly development and to respect stipulated land uses, at the same time it is not necessary for the government to acquire the land before it could be planned. It is thus possible to strike a balance between planning by the government and ownership by the aggrieved customary holders. Any urban or rural land deemed necessary for planning must be so planned but the owners be allowed the title after satisfying all laid down procedure due to the government instead of its outright acquisition for the benefit of others foreign to the community.
So long as the land is not to be directly used by the government it should be outside the overriding public interest clause and its use by any private developer should be an arrangement between it and local land owners. This apart from reducing tension when the land is compulsorily acquired by the government on behalf of the private developers, it relieves the government from the burden of compensation due to the local land owners. With the knowledge that they are considered as stake holders or partners in the plan, local area plans would not only be welcomed but could be initiated by the communities. This shall tremendously contribute to the eradication of slums and ghettos.
With the above as the background planning for the development of an area should be a local activity since even if not targeted at the local inhabitants it shall be implemented within and have either positive or adverse impact on the environment. It is thus necessary to start thinking of the city governments as local affairs managed by the local governments as is obtained in other parts of the world, rather than being centrally controlled by the State. Land administration, provision of essential municipal facilities and services shall thus be simplified more efficiently controlled and maintained than the present centralized system.
Till date despite more than 30 years of the operation of the land use decree, it remains as controversial as its beginning. Fraught to abuse and inadequate resources to implement in the aspect of payment of compensation to the customary as well as the statutory holders, even in the face of complain of inadequate assessment. All these are because local lands are statutorily acquired and remotely controlled from the states by persons not directly linked to the community where projects created for the overriding public interest are sited. Instances abound of state officials acquisition of lands where land values are high, and sold at exorbitant prices, notwithstanding barrage of complains by the customary owners that were given paltry compensations. For the sake of equity and fair play all compensation assessments are advised to reflect not only the value of development on the land but also the existing market values of land.
All lands revoked for overriding public interest to benefit communities must be developed for the real benefits of the community. In the case of projects foreign to the community, but beneficial to the state or nation at large they are to be educated with the view to their integration. The professional guidance of the professional town planners for the purpose of taking into consideration the socio-economic impact and the project's relevance to the community is thus necessary. Revocation or acquisition of land for overriding public interest to be later used for the benefit of persons foreign to the community such that generates tension within the locality should to great extent be curtailed..
To be continued
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