ALHAJI MANU KANO v. THE GOVERNMENT OF ADAMAWA STATE & ORS
(2014) LCN/7030(CA)
RATIO
LAND LAW: PAYMENT OF COMPENSATION FOR COMPULSORY ACQUISITION OF LAND/PROPERTY BY THE GOVERNMENT
Going to the issue of the compulsory acquisition of land/property by Government, Federal or State, while they are empowered to compulsorily acquire citizen’s properties for public purposes, the Constitution of our land imposes a corresponding duty on Government to effect the prompt and timely payment of compensation for any movable property or interest in any immovable property compulsorily acquired. This is non-negotiable. In the case of Alhaji Tsoho Dan Amale V Sokoto Local Government (2012) LPELR-SC.290/2003, cited by learned Counsel for the Appellant, the Supreme Court, per Onnoghen, JSC, held thus: “Section 40 of the 1979 Constitution allegedly contravened by the respondents in respect of the acquisition of appellant’s properties, provides as follows:- 40 (1) “No movable property or 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.”
The above provision is very clear and unambiguous. It gives a right of action to an aggrieved party whose property is compulsorily acquired without compliance with the said provisions, to wit, failure to pay prompt compensation, etc. Where, however the acquisition complies with the provision, no cause of action accrues to the aggrieved party as such an action would be legal in the eyes of the law.” It should be noted that Section 40 (1) of the 1979 Constitution cited in the above decision is in pari materia with Section 44 (1) of the 1999 Constitution, (as amended).
Undoubtedly, there is also support for the view that an assessment for the compensation payable for a property compulsorily acquired be based on a written report by a public officer who, with the knowledge of the affected parties, inspected the property for the purpose of its valuation. Such a public officer, (who must be a professionally qualified valuer), may be called as a witness by any of the affected parties. His report is often accompanied by a copy thereof under his hand. See Ferguson V Commissioner for Works & Planning, Lagos State (1999) LPELR-8131(CA) per Aderemi, JCA, (as he then was). Per Jummai Hannatu Sankey, J.C.A
