Notwithstanding the right of every
citizen of Nigeria to acquire and own immoveable property anywhere in Nigeria,
provided under section 43 of the 1999 constitution, it also, in addition to
section 43, provided under section 44 that no moveable property shall be
acquired compulsorily in any part of Nigeria except in the manner and for the
purpose specified by law.
Based
on the provision of section 44(a) and (b) of the 1999 constitution, no
compulsory acquisition of moveable or immoveable property is possible except
where there is an existing law made for that purpose which mentions the purpose
for which the property
is sought to be acquired and the law must provide for prompt
payment of compensation and give to any person claiming such compensation a
right of access for the determination of his interest in the property and the
amount of compensation to a court of law or tribunal or body having
jurisdiction in that part of Nigeria.
One
of the major exceptions to the right to ownership of moveable and immoveable
property, including the right to compensation, can easily be found in s. 44 (3)
of the 1999 constitution which enacts that: “notwithstanding the forgoing
provisions of this section, the entire property in and control of all minerals,
minerals oils and natural gas in, under or upon any land in Nigeria or in,
under or upon territorial waters and the exclusive economic zone of Nigeria
shall vest in the government of the federation and shall be managed in such a
manner as may be prescribed by national assemble”.
It should be noted, however, that
compulsory acquisition of property in a state can only be valid, if the
property is acquired for public purposes, see the case of LAGOS STATE DEVELOPMENT AND PROPERTY CORPORATION V. BANIOR.
The case of EREKU V. GOVERNOR OF MIND- WEST
The appellant’s land was compulsorily
acquired by the state government and leased to a private company for a period
of 99 years. The supreme come held that the enterprises of a private company
cannot be regarded as being for public purpose, and that whenever private
property is compulsorily acquired contrary to the provisions of the
constitution, the court will declare such acquisition null and void.