Compulsory acquisition of property

Section 44(2) · 1999 Constitution (2004 edition)

What Constitution says

(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.

This is the 1999 Constitution as published in 2004. Later amendments aren't included yet, so a section may have changed since.

Original source

Official Gazette · CFRN 1999 official PDF · printed page 40–41. Original document

Release: draft-c8d50d87fae9. Source scope, review and corrections

Within this provision