Govment fit collect my property from me?

If Govment dem wan takeover pesin property, dem must do am as law take talk am

Section 44(1) for our constitution talk sey:

 

No pesin go take over somebody property or interest in property wey dey move or no move for anywhere for Nigeria except in the way wey the law explain.

  • Dem go pay the pesincompesation immediately; and
  • Dem go allow the owner to accessthe property so that e go fit determine his interest in the property and the amount wey dem go pay am to a court of law or tribunal or body wey fit look into the matter make dem no cheat am.

 

Wetin that provision dey talk be sey the right and interest of pesin wey get property dey protected if govment want take over the property for the good of the public as law take talk am and dem go pay the owner of the property wetin dem dey call compensation.

Land Use Act don put control and control and management of land for governor of a state, so right of occupancy wey wey dey get on land govnor fit revoke am on behalf of the state for the good of general public.

But pesin fit loose that right to the property if;

  • Pesin go acquire the propertyfor manner wey Land Use Act not gree or he get am in a way we no follow the law ;
  • Where the Govment wan use the property for the general use of the public.

 

The general use of the public wey dem lawyers dey call for public purposes as dem explain am for section 51 of the Land Use Act mean sey that take over of property suppose be:

  • For exclusive Government use for general public use
  • For use by Govment or organization which govment own shares, stocks as dem explain am for Companies and Allied Matters Act;
  • For improvement wey go bring hygienic or clean improvements of any kind;
  • For taking property wey dey contiguous to any part or over land wey dem fit use for the construction of any railway, road or other public work or convenience wey govment wan provide;
  • Dem wen take over the property for development of telecommunications or to provide electricity;
  • Dem wan take over property to dey do mining;
  • Dem wan take over property for rural development or settlement;
  • Dem wan takeover property for economic, industrial or agricultural development; or
  • For educational and other social services.

For example when govment compulsory take over property make dem use am expand cattle market, court sey e dey legal becos no for the benefit of general public.[1]

[1] Sokoto Local Government and Others v. Alhaji Tsoho Amale & Another (2001) 12 WRN 103.