In Nigeria, the right to own property is protected by the Constitution and other land-related statutes. But what happens when the government or its agencies compulsorily acquire your land without following due process or without paying adequate compensation? This post explains the key legal issues, constitutional provisions, and court decisions that protect your rights in such cases.
Key Legal Questions in Land Acquisition Disputes
When faced with a compulsory acquisition of land, there are three fundamental legal questions that often arise:
1. Was the landowner’s fundamental right infringed?
2. Was the acquisition done lawfully under the Land Use Act and the Constitution?
3. If the landowner’s rights were infringed, is he or she entitled to relief (such as compensation or damages)?
Right to Seek Redress for Violation of Fundamental Rights
Under Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, anyone whose fundamental rights have been violated, are being violated, or are likely to be violated can approach the court for redress.
The Court of Appeal in UKAOBASI v. EZIMORA (2016) LPELR-40174(CA) emphasized that Nigerian courts have a duty to protect fundamental rights from any form of abuse. The Supreme Court in Ransome-Kuti v. Attorney General Federation (1985) described fundamental rights as superior to ordinary laws and a cornerstone of civilized society.
Your Right to Own Property Under the Constitution
Sections 43 and 44(1) of the 1999 Constitution (as amended) guarantee every Nigerian the right to own property anywhere in the country. The Constitution prohibits compulsory acquisition of property unless it’s done:
In line with a law, For a lawful purpose (like overriding public interest), and With prompt payment of compensation.
The Court of Appeal in OKON v. ENYIEFEM (2016) LPELR-41168(CA) affirmed that any compulsory acquisition without following these constitutional requirements is unlawful.
What Does the Land Use Act Say About Revocation and Compensation?
Yes, the government can revoke land rights under Section 28 of the Land Use Act, but only under certain conditions:
The revocation must be for overriding public interest. Adequate notice must be given to the landowner. Prompt and adequate compensation must be paid.
Failure to meet these conditions makes the revocation unlawful.
Key Cases:
Kukoyi v. Adesina (1999) and Ogunleye v. Oni (1990): The court stressed that landowners cannot be deprived of land without compliance with the Land Use Act.
Govt. Kwara State v. I.B.M Ltd (2015): The court highlighted the need for proper notice and strict compliance with the revocation procedures.
Dumez (Nig.) Plc v. Ademoye (2015): Where no compensation was paid, the court declared that the land was never validly acquired.
Consequences of Unlawful Acquisition: The Right to Remedies
Where a government or its agency wrongfully revokes or acquires your land, Nigerian courts have shown a willingness to grant reliefs including:
Declaration that the acquisition is unlawful
Monetary compensation including (General Damages) and Exemplary (Punitive) Damages where there’s bad faith or outrageous conduct
In BASSEY v. AKPAN (2018), the Court clarified that once the main claim reveals a breach of fundamental rights, the trial court has jurisdiction to enforce the right.
Understanding General Damages
General damages compensate for harm that flows naturally from the wrongful act. The Court of Appeal in OKANU v. OKANU (2018) held that general damages are presumed by law and need not be specifically pleaded or proved.
Understanding Exemplary Damages
Exemplary damages are awarded to punish outrageous behavior like bad faith or executive high-handedness. In MICAH v. Hon. Minister of FCT (2018), the Court of Appeal upheld exemplary damages where government action was malicious and unlawful.
The Concept of Alternative Reliefs
It is also common for applicants to seek alternative reliefs in such cases. The Court in HOLBORN NIGERIA LTD v. O.C. CHRIS ENTERPRISES LTD (2014) explained that courts can grant alternative reliefs if the main relief is not feasible or cannot be granted.
Conclusion
If your land has been compulsorily acquired without following due process or without payment of adequate compensation, you have constitutional and statutory rights to challenge the action in court.
Nigerian courts have consistently ruled against government actions that violate landowners’ rights without due process, notice, or compensation. Depending on the circumstances, you may be entitled not just to the return of your land or monetary compensation, but also to general and exemplary damages.
Disclaimer:
This article is for general information purposes only and does not constitute legal advice. If you are facing a compulsory acquisition issue, please consult a qualified lawyer for proper legal guidance.