National Defence Assets: Legal Framework for Acquisition and Land Use and Zoning Issues in Nigeria

Introduction

The Nigerian armed forces has three service branches – the Army, Navy and Airforce, all tasked with defending Nigeria's territory.

Real property national defence  assets include the land and properties used by the Nigerian armed forces for barracks, cantonments, bases, training grounds, research facilities, command headquarters, housing of defence  facilities, hospitals, schools and defence  academies.

There are 54 Army barracks in Nigeria – 27 Navy barracks and command bases, 20 Air Force bases, and nine military and defence institutions. These assets are critical for armed forces operations and national safety. The federal government, headed by the President and Commander in Chief of the Armed Forces, has powers of oversight over the military and its operations.¹

The governor of each state has the rights over land in the state territory and they can revoke rights of occupancy or compulsorily acquire any land held by any person for overriding public interest,² particularly for national security purposes.

State urban and physical planning laws³ also play a vital role in regulating land use and zoning matters. This includes siting defence assets that usually require large areas of land with restricted public access and safety and security reasons. They also have to be planned in a way that avoids conflict with nearby residential or commercial areas.

The Armed Forces Act⁴ regulates the Nigerian armed forces and supports the need for land for bases, training grounds and other military infrastructure. The act doesn’t lay out the exact procedure for land acquisition, but recognizes service land and legitimizes its use.

 

Legal framework for acquiring land for defence assets in Nigeria

Land acquisitions by the Nigerian government is regulated by both constitutional and statutory provisions. The Land Use Act 1978 gives the Governor authority over all land in a state. Before that act came into force, the federal government had acquired military land. This land, though located within the respective states, was still held by the federal government after the Land Use Act of 1978 came into force.⁵

The Governor of a State can acquire any land in the state for overriding public interest after paying compensation.⁶ Real property assets required by the armed forces are deemed to be of public interest. According to the Constitution and the Land Use Act 1978, the government can acquire land for public purposes, including for developing military and defence  assets.

Military and defence matters are the responsibility of the Federal Government. But acquiring land for defence  purposes is done through the Governor of the State where the land is located.⁷ The Federal Government, through the Ministry of Defence, identifies land needs and requests revocation by the State Governor.

The president will issue a notice to the governor of a state declaring that the government needs particular land for public purposes. The Governor can then compulsorily acquire the land.⁸

The revocation is effected by serving a formal notice of revocation or compulsory acquisition on the landowner. It will also be published in the official State Government Gazette. This extinguishes the owner’s right over the land subject to compensation being paid.⁹ A recent example is the acquisition and allocation of land along the Benue river to the Nigerian Navy for a Special Operations Command.

The courts have emphasized strict compliance with the procedures for land acquisitions. Any government acquisition that doesn't comply with the provisions of the law will be declared invalid.¹⁰ Inadequate or no notice to land owners has led to disputes, such as the recent dispute on the acquisition of land located between the Kelebe area and Omu Stream in Osogbo/Olorunda Local Government Areas of Osun State.

 

Land use and zoning issues

In Nigeria, land use zoning is categorised into residential, commercial, mixed-use, agricultural, industrial, recreational/hospitality. There is no formal zoning designation for defence  purposes. But it might be classified under institutional use or government reserved schemes.

A recurring issue in Nigeria regarding zoning and use of land by the armed forces relates to encroaching civilian settlement. This issue stems from urbanisation and deficits in housing which is prevalent in the country. Planning authorities also struggle to enforce zoning restrictions, and corruption sometimes enables unauthorized developments.

Sometimes land allegedly acquired by the military isn’t immediately used, giving civilians room to occupy the land. They’re usually unaware that the land has been acquired due to the absence of prompt enforcement. This delayed enforcement frequently leads to disputes, as seen in the alleged takeover of land by the Nigerian Army’s 82 Division in Enugu State.

Defence authorities and state land and physical planning authorities often lack coordination and cohesion, so cadastre maps aren’t properly updated. Clear boundary demarcations for military land are uncertain, making it difficult to prevent encroachment.

Several cases are currently pending before the High Court of Kaduna State concerning allegations of land grabbing and disputed ownership. While civilians claim rights to portions of the land, the military maintains that these areas form part of reserves deliberately set aside around the Jaji cantonment for military training, firing ranges and security purposes.

Poor community relations also pose challenges. Displacements without proper consultation and practical resettlement plans usually engender resistance and hostility from host communities, leading to disruptions and protracted litigation.

It’s not uncommon in Nigeria to see defence  assets located close to civilian settlements. This close mix in land use zoning poses significant security risks to these civilian settlements as military assets are enemy targets during hostilities. This raises questions about zoning regulations, urban planning, and the balance between national security and civilian safety.

 

Recommendations

Amend the Land Use Act or provide policy instruments that clearly define how federal defence needs interact with state land administration. This would reduce jurisdictional conflicts and streamline acquisition processes.

Enact regulations that provide adequate valuation mechanisms that reflect current economic realities for compensation purposes and ensure prompt compensation payment timelines. This will ensure fairness and reduce controversies and disputes.

State government and the armed forces should collaborate to invest in cadastral mapping and GIS technology to clearly delineate the boundaries of defence lands. Defence authorities and state planning agencies should jointly maintain updated maps to prevent encroachment and improve compliance.

Conduct proper stakeholder consultations before acquisitions, explaining the purposes, boundaries and compensation framework to affected people and communities. This would build trust and reduce resistance.