Azura-Edo Independent Power Plant Environmental Impact ... - IFC

as a building or irrigation system) on the land at the time the recipient
takes possession and must pay rent fixed by the state. Rights are
transferrable with the authorization of the state governor.
• Customary right of occupancy: Local governments may grant customary
rights of occupancy to land in any non-urban area to any person or
organization for agricultural, residential, and other purposes, including
grazing and other customary purposes ancillary to agricultural use. The
term for customary rights (which is contained in the application form and
not the legislation) is 50 years, and may be renewed for a second 50-year
term. Recipients of customary rights of occupancy must pay annual tax on
the land and cannot transfer any portion of the rights without approval of
the governor (for sales of rights) or the local government (other transfers).
The LUA vests all land in the urban areas of each state under the control and
management of the governor of the state. The governor of the state holds the
land in trust for the people of the state and is solely responsible for the
allocation of land in all urban areas to individuals who reside in the state and
to organizations for residential, agricultural and commercial purposes. All
other land in the state subject to conditions under the LUA is under the
control and management of the local government. The act divests traditional
owners of land and vests such land in the state governor for the benefit and
use of all Nigerians. It provides the processes through which land may be
acquired by the federal government.
On rural land where there are no formal title deeds and any land rights are
customarily held, compensation for land acquisition is only provided for
buildings, crops and other ‘improvements’ to the land as well as rent for the
year the land was occupied. Payment is not paid for land itself since
customary ownership is not recognised by government.
For community-owned land where ownership is not claimed by any one
individual or family, the governor will determine who receives the
compensation. This might be the community or the chief or a community
leader who can make use of the money according to customary law.
Alternatively, money can be paid into a community fund. The governor has
the power to cancel the right that any person has to live on or make use of any
piece of land, if the land is required for use in the interest of the public. This
includes mining and oil pipelines. Rights to land cease with immediate effect
upon receipt of notice from the governor.
There are some differences between the Nigerian laws for resettlement and the
World Bank requirements. These differences are related to: the requirements
for seeking alternative sites; preparation of a Resettlement Plan (RP) and
Restoration Plan; timing, formal consultation requirements (with resettled and
host communities); emphasis on vulnerable groups and indigenous people;
definitions of a cut-off date; the requirements to provide assistance; grievance
mechanisms and monitoring; and evaluation requirements. Azura Power will
be implementing additional measures within the development of the
AZURA EDO IPP
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DRAFT EIA REPORT