EVALUATION OF ISSUES ON DETERMINATION OF COMPENSATION OF RECLAMATION OF WATER LANDS IN THE NIGER DELTA

ESV MADUFOR EDWIN UCHENNA

The Niger Delta, a vital and resource-rich ecosystem sustaining millions of livelihood,experiences increasing pressure from land reclamation for oil and gas operations, infrastructure expansion, and urban development. These reclamation activities often disrupt fragile ecosystems, displace communities and threaten traditional means of livelihood.

A key challenge in this context is the fair and equitable determination of compensation for affected communities an issue that raise complex environmental, socio-economic and legal considerations.

COMPENSATION: most people ordinarily defines compensation to include amends for losses sustained.
Consequently, compensations should therefore be seen as the consideration or payment made in monetary terms for the expropriated right or interest of a claimant. The objective is to as much as possible restore the claimant whose right or interest is expropriated to his original position that is, he should be neither worse as a result of either the acquisition or reclamation appropriate.

The land use ACT of 1978 constitution of the Federal Republic of Nigeria provides in section 40 that no moveable property or any interest in an immovable property shall be taken possession of compulsorily and that no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in manner and for the purpose prescribed by a law that among other things require the payment of compensation thereof constitution makes it less. It is suggested that it does not. That is if any element of the acquired property is not compensated for, then what ever compensation that is paid for that is paid for that property is only ‘part compensation. This could be found in scott, L.J. Horn v Sunderland. Whether the provision is for adequate compensation or for ‘’compensation’’ the same approach to the assessment of compensation should be applied.

WET/WATER LAND IN NIGER DELTA
The Niger Delta Region is situated in the Gulf of Guinea between longitude 50 E to 8 0E and Latitude 4 0N 60N. Originally, Niger Delta Region (about 29900 square kilometer)comprises of the area covered by the natural delta, the river Niger and the area of the East and West which also produce oil and are covered with swamp water.

It is the third largest wet land in Africa and ten most important coastal marine ecosystem in the world and home of millions of people consisting of flat low laying swamp terrain that is characterized with streams, rivers and creeks including the frontal section of sea suffering from tidal movement and erosion which littered with dominant mangrove and free swap forest.

Nevertheless, the degradation within the Nigeria water lands is resulting in ecological deterioration in form of pollution, affecting individuals, family, community, goods and resource.

Issues in Determination of Compensation

1. Lack of Clear Policies and Guidelines: The lack of clear policies and guidelines on compensation for water land reclamation in Nigeria creates uncertainty and inconsistency in the determination of compensation. This can lead to disputes and conflicts between the government, oil companies, and affected communities.
2. Inadequate Valuation Methods: The valuation methods used to determine compensation often do not reflect the true value of the land and its resources. This can result to inadequate compensation for affected communities, leading to further impoverishment and marginalization.
3. Displacement and Loss of Livelihoods: The reclamation of water lands can lead to displacement and loss of livelihoods for communities that depend on the land and its resources for their survival. Compensation packages often fail to account for the long-term impacts on livelihoods and the environment.
4. Environmental Degradation: The reclamation of water lands can result in environmental degradation, including loss of biodiversity, water pollution, and soil degradation. The compensation packages often do not account for the environmental costs of these projects.
5. Lack of Community Participation: the determination of compensation often does not involve the affected communities, leading to a lack of trust and confidence in the process.

Recommendations

1. During the compensation, the valuer shall exhibit that he has sufficient knowledge, experience and competence to handle the assignment.
2. The professional shall disclose any deficiency or setback to the client before accepting the job. Valuers should behold their crucial role as the custodian of value as enshrined in decree N0. 24 of 1975 establishing the body as the only professional body charged with the duty of valuing land, buildings and all its appurtenances thereto and move ahead to correct this short falls in the status.

3.Valuers should approach all compensation valuation with all diligence bearing in mind that value is not all about the physical attribute, but the location, the terrain and other aesthetic should be considered

4. Develop Clear Policies and Guidelines: The government should develop clear policies and guidelines on compensation for water land reclamation, taking into account the rights and interests of affected communities.
5. Use Sustainable Valuation Methods: Valuation methods should be used that take into account the true value of the land and its resources, including environmental and social costs.
6. Ensure Community Participation: Affected communities should be fully involved in the determination of compensation, ensuring that their rights and interests are respected.
7. Provide Adequate Compensation: Compensation packages should be adequate and reflect the true value of the land and its resources, including environmental and social costs.
8. Implement Environmental and Social Impact Assessments: Environmental and social impact assessments should be conducted prior to the reclamation of water lands, and the findings should inform the determination of compensation.

Conclusion

The determination of compensation for water land reclamation in the Niger Delta region is a complex issue that requires careful consideration of the rights and interests of affected communities. By developing clear policies and guidelines, using sustainable valuation methods, ensuring community participation, providing adequate compensation, and implementing environmental and social impact assessments, the government and oil companies can ensure that the rights and interests of affected communities are respected and protected.