ENVIRONMENTAL JUSTICE AND THE LAND USE ACT 1978: THE CHALLENGE OF OVERRIDING PUBLIC INTEREST

Abstract

Environmental justice means fair treatment of people as it affects their rights to the use of the environment and lands. The regulation of the environment, mode of acquisition of interest in lands and development of same are all integral parts of the use of the environment. The principal legislation on this subject is the Land Use Act 1978. It is worrisome that more often than not, people living a peaceful communal lifestyle sometimes receive notice of Government’s acquisition of their lands for public interest. This interest is known as “Overriding Public Interest” but does not always serve the intent and purpose of the Act due to lack of adequate notices and compensations to victims. It is oppressive and injustice to the occupants of the lands. The passion to balance this conflicting overriding public interest gave rise to this research and in this regard, this research adopts the doctrinal legal research methodology and examine environmental justice and the Land Use Act 1978 vis-a-vis the challenge of overriding public interest. On this premise, this research recommends a structural amendment to include compensation right to seek redress under the Land Use Act.