Abstract
This paper focuses on the loss of proprietary interest especially to a private entity on the basis of overriding public purpose under a supposed liberalised and privatised regime, which raises critical legal issue on the extent to which the legal framework for the acquisition of land for energy infrastructure development impacts on the rights of a landowner and its correlation to the effective performance of the Nigerian Electricity Supply Industry (NESI). The paper notes that while no declaration for the acquisition of land shall be granted without giving to the person having an interest in the land an adequate opportunity to make representation against such a declaration and where a declaration is made, which affects the existing rights of occupancy in respect of the land, the previous holder of the right of occupancy shall be entitled to claim compensation in accordance with the provisions of extant laws. The paper, nevertheless, observes that even though there is an existing legal regime on compensation and resettlement for compulsorily acquired land, the provisions of the legal regime do not appear to be adequate under a private sector driven arrangement, as is currently the case with the Nigerian electricity sector industry. It therefore recommends a legal regime that is fair and balanced for operators/investors in the sector, as well as for other stakeholders.