LEGAL PRINCIPLE: LAND LAW — Compulsory Acquisition — Requirement of Notice of Intention to Acquire
PRINCIPLE STATEMENT
Before private property is acquired, the acquiring authority must give notice of intention to acquire the property before publishing the same in the gazette.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at p. 22; Paras B–C.
"Before private property is acquired, the acquiring authority must give notice of intention to acquire the property before publishing same in the gazette."
EXPLANATION / SCOPE
Notice of intention to acquire must be given before gazette publication of acquisition. This procedural requirement precedes valid compulsory acquisition. The principle applies to land law and compulsory acquisition. The rule ensures property owners receive advance warning of intended acquisition. Failure to give prior notice invalidates the acquisition. The acquiring authority must follow proper sequential procedure.
