The Lagos Coastal Highway project presents a dynamic legal situation regarding the government's right of way and its impact on private property. While the government holds the legal authority to acquire land within the designated right of way for this crucial infrastructure project, the demolitions, and displacement of individuals raise significant legal and ethical considerations.

Section 28 (4) of the Land Use Act (1978) also provides that:

The Governor shall revoke a right of occupancy in the event of the issue of a notice by or on behalf of the President if such notice declares such land to be required by the Government for public purposes.

Section 49 (1) of the Land Use Act (1978) :

 Nothing in this Act shall affect any title to land, whether developed or undeveloped, held by the Federal Government or any agency of the Federal Government at the commencement of this Act, and, accordingly, any such land shall continue to vest in the Federal Government or the agency concerned.

Section 49 (2) of the Land Use Act (1978) In this section, "agency" includes any statutory corporation or any other statutory body (whether corporate or unincorporated) or any company wholly owned by the Federal Government

In view of the above sections,the Nigerian government possesses an irrevocable right of way for the Lagos-Calabar Coastal Highway project. These sections grant the government the power to acquire land needed for the construction of the highway, even if it means demolishing existing structures within the designated path. The priority placed on this major development project stems from its potential to contribute to economic diversification and regional integration.

Also, Chapter II, Section 44(1) Constitution of the Federal Republic of Nigeria (1999), guarantees the right to property ownership. However, it also acknowledges that this right can be restricted by laws considered necessary for "public purpose" or "in the public interest." This legal framework provides the government with the basis for acquiring land for the Lagos Coastal Highway project, even if it necessitates demolitions.

Properties situated within the designated right of way are subject to demolition to clear the path for construction. While the government prioritizes the project's completion, it acknowledges the human cost associated with displacing residents and businesses. Recognizing this, the government aims to provide fair compensation to affected individuals. However, concerns remain regarding the adequacy and timeliness of compensation, potentially leading to legal disputes.

Legal Challenges Faced by Affected Individuals

Individuals affected by demolitions confront series of problems. These may include issues related to property rights, displacement compensation, and access to due process. For instance, property owners may contest the legality of demolition orders or seek fair compensation for expropriated land. Tenants may face eviction without adequate recourse or alternative housing options. Moreover, vulnerable communities, such as informal settlements, often lack legal recognition and protection, exacerbating their vulnerability to forced evictions.

•  Inadequate Valuation: Disputes often arise when the government's valuation of the acquired land falls significantly below the market value, leaving affected individuals financially disadvantaged. For instance, the construction of the Lekki-Epe Expressway in Lagos faced legal challenges from residents who contested the compensation offered, claiming it did not reflect the true value of their properties.
• Delayed Payments: Even when the compensation amount is eventually agreed upon, delays in disbursement can lead to financial hardship for affected individuals. This can be particularly detrimental to businesses that rely on immediate funds to relocate or rebuild. For example, the construction of the Abuja Centenary City project was marred by delays in compensation payments, causing frustration and financial difficulties for displaced residents.
• Exclusion of Certain Groups: Disputes can arise when vulnerable groups, such as informal settlers or those lacking formal land titles, are excluded from the compensation process. This happened during the construction of the Oworonshoki Expressway in Lagos, where informal settlements were demolished without proper compensation, leading to legal action by advocacy groups.

Role of Advocacy Groups and Legal Aid

Advocacy groups and legal aid organizations play a crucial role in supporting individuals affected by demolitions. They provide legal guidance, representation, and advocacy to empower affected communities. Through strategic litigation and grassroots mobilization, these entities amplify the voices of marginalized groups and challenge unjust practices. Additionally, they raise awareness of legal rights and facilitate access to justice for those facing barriers due to socio-economic disparities.

Alternative Solutions to Mitigate Impact on Individuals

While the article acknowledges the government's efforts to minimize disruption through project redesign, exploring additional alternative solutions could further strengthen the argument for balancing development with individual rights. Here are some potential solutions:

• Land Resettlement Schemes: Providing affected individuals with alternative land plots or housing units within the same vicinity can minimize disruption and offer a sense of continuity. This approach has been successfully implemented in some infrastructure projects in other countries.
• Livelihood Support Programs: Offering financial assistance or skills training programs can help displaced individuals rebuild their livelihoods and transition to new economic opportunities. This can be particularly crucial for businesses that lose their source of income due to demolitions.
• Community Engagement and Consultation: Proactive engagement with affected communities throughout the planning and execution phases can help identify potential concerns and develop solutions that address their specific needs. This can foster a sense of ownership and reduce the likelihood of conflict.

Minimizing Disruption and Ensuring Fairness:

The project has undergone some redesign to minimize the impact on existing infrastructure and reduce the number of necessary demolitions. This demonstrates the government's attempt to balance the need for development with minimizing disruption to affected individuals and communities. While the right of way grants the government legal authority, prioritizing fair compensation and exploring alternative solutions whenever possible are crucial aspects of responsible governance.

The Lagos Coastal Highway project highlights the often-contentious relationship between the government's right of way and individual property rights. While the government holds legal authority for the project's execution, ensuring fair and transparent compensation for affected individuals remains paramount. Additionally, efforts to minimize disruption through project redesign showcase the importance of balancing development goals with the well-being of citizens. As the project progresses, navigating this legal and ethical landscape will be crucial in ensuring a just and equitable outcome for all stakeholders involved.

While the government has the right to acquire land, the constitution and Land Use Act emphasize the need for fair compensation to affected individuals. This compensation should be based on the market value of the acquired property.

Addressing the legal challenges of demolitions necessitates a multifaceted approach. While development goals are important, they must not come at the expense of individual rights. Ongoing dialogue between stakeholders, including affected communities, government agencies, and advocacy groups, is essential for crafting inclusive and sustainable solutions. By prioritizing collaboration and upholding the rule of law, we can navigate the complexities of urban development while safeguarding the dignity and rights of all individuals.

Disclaimer

The information contained in this article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and the author.

If you require legal advice regarding your specific situation, please contact Mascot Legal Practioners at: admin@mascotlegalpractitioners.com