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VOL. 6, ISSUE 2 (2024)
Fundamental right to property and equality of opportunities in Nigeria- Linkages and intersections
Authors
Obiaraeri N O, Chinyer Obiaraeri, James Eleonu
Abstract
Under the Nigerian legal system, the right to property is not just a
human right; it is a fundamental right breach of which can be redressed in a
Court of law. Aside, being a justiciable right, the national Constitution also
lays down mandatory preconditions for compulsory acquisition of property some
of which are proper service of notice of revocation and payment of
compensation. These notwithstanding, the right to property is still subject to
the proviso that 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. While this proviso established equality of
opportunity in the ownership of minerals, conversely, it antagonised
inalienability of property rights on the other hand. This puzzle was resolved
in this paper which adopted doctrinal research method and examined contemporary
statutory provisions and judicial decisions on the complex relationship between
the right to property and equality of opportunity in Nigeria. The paper queried
the ambiguous modalities for determination of adequacy of the compensation for
compulsorily acquired property and the lack of promptitude in payment of
compensation and recommended among other things that clear timelines and
modalities for payment of compensation should be adopted.
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Pages:9-15
How to cite this article:
Obiaraeri N O, Chinyer Obiaraeri, James Eleonu "Fundamental right to property and equality of opportunities in Nigeria- Linkages and intersections". International Journal of Law, Policy and Social Review, Vol 6, Issue 2, 2024, Pages 9-15
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