Lagos-Calabar Coastal Highway Project: Property Owners Demand Fair Compensation

Lagos-Calabar Coastal Highway project controversy

“It should be noted that the reason why we have not gone to court is because we want to exhaust the three...”

Nigerian property owners demand fair compensation for demolished properties along the Lagos-Calabar Coastal Highway. Despite the government's N18 billion compensation package, affected individuals claim it falls short of their properties' true value. The project, touted as the country's largest infrastructure initiative, aims to connect Lagos to Calabar, boosting economic growth and job creation. However, its human cost has sparked debate.

Property owners affected by the Lagos-Calabar Coastal Highway project are gearing up to file a lawsuit against the Federal Government, citing inadequate compensation of N18 billion. The project, a 700km highway connecting Lagos to Calabar, has been touted as a game-changer for Nigeria's economy and society.

Compensation Controversy

The Federal Government has already paid N2.75 billion in compensation to some property owners, including Landmark Group, Kids Club, and Maxtivity. However, many owners feel the amount is insufficient, considering the value of their properties and the impact of the project on their livelihoods.

Project Benefits

Proponents of the project argue that it will foster new opportunities for communities and businesses, making a significant difference to Nigeria's economy and society. The highway is expected to improve connectivity, facilitate trade, and create jobs.

Issues Arising 

As the lawsuit looms, it remains to be seen how the government will address the concerns of property owners. Will they revisit the compensation package, or will the courts decide? One thing is certain – the Lagos-Calabar Coastal Highway project has sparked a heated debate about development, compensation, and the rights of property owners.

The Coalition for Land Rights Advocacy in Nigeria is taking a bold step by preparing to sue the Federal Government over inadequate compensation for properties demolished to make way for the Lagos-Calabar coastal highway. Led by Sola Enitan, the coalition is demanding that Minister of Works David Umahi address their concerns or face legal action.

Legal Recourse for Land Disputes

In situations like this, individuals and communities can take legal action to protect their land rights. This can involve suing governments, corporations, or local agents. To have a valid case, one must have “standing,” meaning a sufficiently close connection to the land or the damage incurred.

Potential Defendants

The coalition may consider taking legal action against various entities, including:

Governments: National and local government departments, bodies, and ministries

Corporations: Companies involved in the highway construction, including parent corporations

Local Agents: Representatives or actors behind the direct perpetrators of the wrong

Legal Remedies

If the coalition is successful in court, potential remedies could include:

Declaration of ownership: A court declaration that the coalition members are the rightful owners of the land

Quashing of permits: Annulling laws, permits, or decrees that legitimized the land “grab”

Injunctions: Stopping forced evictions or preventing further infringement on their rights

Compensation: Monetary compensation for damages incurred

By exploring these legal options, the Coalition for Land Rights Advocacy in Nigeria hopes to secure fair compensation and protect the rights of affected communities.

“It should be noted that the reason why we have not gone to court is because we want to exhaust the three summonses and then we would see what the house of assembly would do, upon the third summon if the minister does not respond, a resolution would be done showing what the parliament wants to do.

“After the resolution phase is exhausted and the minister does not still comply, we would head to court. Unless the President compels the minister and he does the right thing, there would be no need to go to court, but if he does not do the right thing, then there would need to go to court.”

The Lagos-Calabar coastal highway project, touted as a public good, has actually left many Nigerians in a tough spot. It's forcibly displaced them, taking away their lands, homes, and livelihoods without providing fair compensation as required by law. This project's impact is personal, leaving people without a place to call home or a steady income.

The Human Cost

The affected individuals have lost:

Land and Property: Homes and businesses demolished for the highway

Livelihoods: Means of supporting themselves and their families taken away

Fair Compensation: Laws mandating just and reasonable payment have been disregarded

The Coalition's Stand

The Coalition for Land Rights Advocacy in Nigeria is taking a bold stance against this injustice. They're demanding that the Minister of Works, David Umahi, address their concerns or face legal action. The coalition's leader, Sola Enitan, emphasized that the group will head to court if their demands aren't met.

A Question of Compensation

The Federal Government has promised compensation, but at what cost? The Minister of Works has stated that property owners will receive compensation based on federal rates, not state rates. However, the coalition argues that this compensation is inadequate.

It's crucial to balance development with the rights and well-being of citizens. The Lagos-Calabar coastal highway project's impact serves as a reminder to prioritize fairness and transparency in such initiatives.

“In the last eight months, over 65 correspondences have been sent by professional representatives of the project-affected persons to the Minister of Works, each highlighting the inadequacies and injustices within the current compensation Despite these framework. numerous communications, the minister has refused to provide a single response, not even from the legal directorate of the ministry.

“Instead, he continued to organise politically tainted stakeholder meetings where project-affected persons are subjected to bullying, shaming, and harassment by the minister, his agents, and security personnel. Many of these events have been recorded and are widely accessible on social media, underscoring the extent of hostility faced by these affected individuals under the ministerial oversight of Senator David Umahi.”

According to the 1978 Land Use Act, specifically Sections 29 and 30, the Land Use and Allocations Committee has a critical role to play in resolving compensation disputes. Essentially, this committee is obligated to step in and provide arbitration when conflicts arise, offering a much-needed mechanism for conflict resolution.

Takeaways from the Land Use Act:

Vesting of Land: All land is vested in the Governor of each State, to be held in trust and administered for the use and benefit of all Nigerians.

Compensation Disputes: The Land Use and Allocations Committee is responsible for resolving disputes related to compensation.

Reference of Dispute: Section 30 explicitly states that disputes as to compensation shall be referred to the Committee for arbitration.

By highlighting these sections, the Coalition head is emphasizing the need for the government to follow established procedures for resolving compensation disputes, ensuring that the rights of affected individuals are protected.

“Yet, the Minister of Works has continuously evaded this statutory requirement, disregarding opportunities for fair dialogue and preferring to coerce, intimidate, and harass Project-Affected Persons into accepting unconscionable, unfair, and inadequate compensation,” Enitan said.

"In their quest for justice, the PAPs have formally petitioned the Speaker of the House of Representatives through their lawful attorney. The Speaker of the House of Representatives assigned this case to the House Committee on Public Petitions, which has since issued two summonses and held two hearings.

“However, despite repeated invitations, the Minister of Works has refused to appear before the committee, resulting in a third summons being issued by the Chairman of the Committee on Public Petitions, Michael Etaba. This continued disregard for the legislative process exemplifies the Ministry's disposition to justice and continued dismissal of the Project-Affected Persons' plight.”

The controversy surrounding the Lagos-Calabar coastal highway project has taken another turn. Project-Affected Persons along the highway have rejected the Federal Government's N18 billion compensation package, deeming it insufficient and not reflective of their properties' true value. This comes after Minister of Works David Umahi announced the increased compensation budget for section 1, from N8 billion to N18 billion, with promises of payment within 10 days.

Compensation Concerns

The coalition representing the affected individuals has urged President Bola Tinubu to intervene in the matter, seeking a more satisfactory resolution. Their concerns are valid, considering the project's significant impact on their livelihoods. The demolition of properties, including the Landmark Beach Resort, has raised questions about the government's approach to compensation.

Project Benefits and Controversies

Proponents of the project argue that it will foster economic growth, improve connectivity, and create jobs. The 700km highway is expected to link Lagos to Calabar, facilitating trade and transportation. However, the human cost of the project cannot be ignored. The coalition's plea to President Tinubu highlights the need for a more equitable solution.

The Way Forward

As the stalemate continues, it remains to be seen how the government will address the concerns of the Project-Affected Persons. Will President Tinubu's intervention lead to a revised compensation package? Only time will tell.