LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Compulsory Acquisition — Section 31 of 1963 Constitution — Requirement for Compensation and Access to Court
PRINCIPLE STATEMENT
No property shall be compulsorily acquired except under a law that requires payment of adequate compensation and gives the claimant a right of access to the High Court for determination of his interest and the amount of compensation.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Nangibo v. Okafor & Ors (2003) NLC-1391999(SC) at p. 10; Paras A–C.
"No property, moveable or immovable, shall be taken possession of compulsorily, and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except by or under the provisions of a law that: (a) requires the payment of adequate compensation therefor; and (b) gives 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 the High Court having jurisdiction in that part of Nigeria."
EXPLANATION / SCOPE
Compulsory acquisition requires adequate compensation and access to court. The principle applies to constitutional law. The provision protects property rights. The rule ensures fairness. The affected person can challenge the acquisition. The principle is fundamental.
