Section 44 of the Nigerian Constitution
Section 44 of the constitution of Nigeria is about Compulsory acquisition of property. It is under Chapter IV (Fundamental Rights) of the constitution. Section 44 has three subsections.
- (1) No moveable property or any interest in an immovable property 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 in the manner and for the purposes prescribed by a law that, among other things –
(a) requires the prompt payment of compensation
therefore 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 a court of law or
tribunal or body having jurisdiction in that part of
Nigeria.
(2) Nothing in subsection (1) of this section shall be construed as affecting any
general law.
(a) for the imposition or enforcement of any tax,
rate or duty;
(b) for the imposition of penalties or forfeiture for
breach of any law, whether under civil process or
after conviction for an offence;
(c) relating to leases, tenancies, mortgages,
charges, bills of sale or any other rights or
obligations arising out of contracts.
(d) relating to the vesting and administration of
property of persons adjudged or otherwise
declared bankrupt or insolvent, of persons of
unsound mind or deceased persons, and of
corporate or unincorporate bodies in the course of
being wound-up;
(e) relating to the execution of judgements or
orders of court;
(f) providing for the taking of possession of
property that is in a dangerous state or is
injurious to the health of human beings, plants or
animals;
(g) relating to enemy property;
(h) relating to trusts and trustees;
(i) relating to limitation of actions;
(j) relating to property vested in bodies corporate
directly established by any law in force in
Nigeria;
(k) relating to the temporary taking of possession
of property for the purpose of any examination,
investigation or enquiry;
(l) providing for the carrying out of work on land
for the purpose of soil-conservation; or
(m) subject to prompt payment of compensation
for damage to buildings, economic trees or crops,
providing for any authority or person to enter,
survey or dig any land, or to lay, install or erect
poles, cables, wires, pipes, or other conductors or
structures on any land, in order to provide or
maintain the supply or distribution of energy,
fuel, water, sewage, telecommunication services
or other public facilities or public utilities.
(3) Notwithstanding the foregoing provisions of this section, the entire property in
and control of all minerals, mineral oils and natural gas in under or upon any land in
Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone
of Nigeria shall vest in the Government of the Federation and shall be managed in
such manner as may be prescribed by the National Assembly.
See also: Section 43 of the Nigerian Constitution (Right to acquire and own immovable property)
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