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Three Supreme Court Cases on Compulsory Acquisition of Land in Nigeria

Published online by Cambridge University Press:  28 July 2014

Oladipo O Sholanke
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Abstract

The law of compulsory acquisition of land in Nigeria is rooted in the country's constitution. It is enshrined that every Nigerian has the right to own private property and that such property shall not be acquired compulsorily, except in the manner and for the purposes prescribed by a law that requires both the payment of prompt compensation and compliance with the rule of law on access to court. In 2012, the Supreme Court of Nigeria delivered three decisions on the compulsory acquisition of land or the revocation of occupancy rights; Alhaji Tsoho Dan Amale v Sokoto Local Government and Others; Goldmark Nigeria Limited and Others v Ibafon Company Limited and Others; and Ohochukwu v Attorney General of Rivers State and Others. These three cases laid down principles on the subject which are worthy of exposition.

Type
Research Article
Information
Journal of African Law , Volume 58 , Issue 2 , October 2014 , pp. 266 - 277
Copyright
Copyright © SOAS, University of London 2014 

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References

1 1999 as amended.

2 The Constitution, sec 43.

3 Id, sec 44.

4 Act No 6 of 29 March 1978, Cap 202 LFN 1990. See also Native Lands Acquisition Act No 32 of 1917, Public Lands Acquisition Act No 9 of 1917, Public Act Acquisition Act No 15 of 1922, Public Act Acquisition Act No 22 of 1926, Public Act Acquisition Act No 6 of 1945, Public Act Acquisition Ordinance Cap 185 of 1948, Public Act Acquisition Ordinance LN047 of 1955, Public Act Acquisition Ordinance LN120 of 1958 and so on.

5 See for example secs 28 and 29 of the Act.

6 Unreported suit no SC290/2001 of 20 January 2012.

7 Id at 2–4.

8 Id, per Fabiyi JSC at 15 and 21 (emphasis added).

9 Id at 20.

10 Dantsoho v Mohammed [2003] 6 NWLR (pt 817) 457 SC.

11 Obikoya v Governor of Lagos State [1987] 1 NWLR (pt 50) 385 CA.

12 Ibrahim v Mohammed [2003] 6 NWLR (pt 817) 615 SC.

13 Ereku v Military Governor Mid-Western State of Nigeria and Others [1974] 10 SC 42.

14 Obikoya, above at note 11.

15 Unreported suit no SC421/2001 of 23 March 2012.

16 Public Lands Acquisition Act 1967 Laws of Nigeria and Lagos.

17 Goldmark at 23–24.

18 Id at 30–31.

19 CSS Bookshops Ltd v RTMCRS [2006] 11 NWLR (pt 992) 530 SC; Peenock Investments Ltd v Hotel Presidential Ltd [1983] 4 NCLR 122; Alhaji Bello v Diocesan Synod of Lagos [1973] 1 All NLR (pt 1) 247; Nigerian Telecommunications Ltd v Chief Ogunbiyi [1992] 7 NWLR (pt 255) 543; Osho v Foreign Finance Corporation [1991] 4 NWLR (pt 184) 157.

20 Unreported suit no SC207/2004 of 17 February 2012.

21 Id at 14 and 16, per Mukhtar JSC.

22 Id at 25, per Galadima JSC.

23 Id at 27, per Ngwuta JSC.

24 Id at 30, per Ariwoola JSC.

25 Halsbury's Laws of England (4th ed reissue) 496 at 524.

26 Ohochukwu at 13.

27 Id at 30 (emphasis added).

28 Id at 16.

29 Id at 25.

30 Amale at 20.