On the right to property, Article 14 of the African Charter on Human and Peoples
Rights (ACHPR) guarantees the right to property. It further states that the right may
only be encroached upon in the interest of public need or in the general interest of
the community and in accordance with the provisions of appropriate laws.
In Ivcher Bronstein V. Peru, Inter-American Court of Human Rights Series C No.
74 Judgment of 6 February 2001 “Property” was defined as those material objects
that may be appropriated, and also any right that may form part of a person’s
patrimony; this concept includes all movable and immovable property, corporal and
incorporeal elements, and any other intangible object of any value.
The principle of enjoyment of property has been enunciated in several international
human rights instruments. It is trite that Contracting States are entitled, amongst
other things, to control the use of property in accordance with the general interest,
by enforcing such laws as they deem necessary for the purpose. Be that as it may,
such laws should not be inconsistent with the provisions guaranteeing and protecting
the right to own a property as well as the general principles of international law.
The right to property protects against arbitrary or disproportionate forms of
interference. Such interference can take the form of deprivation or the form of
limitation of rights which in turn affects the enjoyment of ones right to property.
Article 1 Protocol No. 1 of the European Convention on Human Rights guarantees
the “peaceful enjoyment” of ones possessions. It provides:
(1) Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public
interest and subject to the conditions provided for by law and by the general
principles of international law.
(2) The preceding provisions shall not, however, in any way impair the right of a
state to enforce such laws as it deems necessary to control the use of property
in accordance with the general interest or to secure the payment of taxes or
other contributions or penalties.
The 1999 constitution of the Defendant donates this right to citizens and all persons
where it stated in section 44(1) that:“No moveable property or any interest in an immoveable 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, among other things19