LEGAL PRINCIPLE: LAND LAW — Compulsory Acquisition — Strict Compliance with Expropriatory Statutes Required
PRINCIPLE STATEMENT
Government has the constitutional right to compulsorily acquire property on payment of compensation. Statutes provide acquisition procedure which Government must comply with. Where Government disobeys its own statutes, it is the duty of courts to intervene against the Government and in favour of the private citizen.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Provost Lagos State College of Education & Ors v. Edun & Ors (2004) NLC-481999(SC) at pp. 23–24; Paras E–A.
"Government has the constitutional right to compulsorily acquire property on payment of compensation... There are statutes which provide for the procedure of acquiring property by the Government. Government is expected to comply and it must as a matter of law comply with those statutes which Government has enacted. Therefore where Government disobeys its own statutes by not complying with the laid down procedure for the acquisition of private property, it is the duty of the courts to intervene against the Government and in favour of the private citizen."
EXPLANATION / SCOPE
Government must strictly comply with statutory procedures for compulsory acquisition. Courts will intervene against Government and protect citizens when statutes are disobeyed. The principle applies to land law and compulsory acquisition. The rule ensures Government is bound by its own laws. Non-compliance invalidates the acquisition. The citizen’s property rights prevail over government non-compliance.
