REALWorld Law

Sale and purchase

Expropriation/compulsory purchase

Is expropriation (compulsory purchase) possible in this country?



Only the state (government) can forcibly acquire or expropriate property in Nigeria. Section 28 of the Land Use Act empowers the Governor to compulsorily acquire property where the land is required for overriding public purpose by either the State Government or the Federal Government and compensation is payable to the owner of the land. Where land is acquired by government for overriding public purpose, fair and reasonable replacement costs is payable to the owner as compensation.

The other reason for which property can be expropriated is where the owner of the property is in flagrant breach of the terms or conditions for the grant of the right of occupancy like failure to pay ground rents (land use charges), disregard for town planning and building control regulations and failure to remedy the breach.