Weare therefore not convinced that the search warrant, if any, was served on the plaintiff and so hold that the search was carried out without a warrant and illegal. The Applicant has an inherent right to the peaceful enjoyment of his property as provided by law. Section 44(1) of the constitution of Nigeria provides: -- |. No moveable property or any 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 purpose prescribed by a law that, among other things. a. Requires the prompt payment of compensation therefor; and b. give 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 right to property is further guaranteed in Article 14 of the African Charter on Human and Peoples' Rights, as follows: "The right to property shall be guaranteed. It 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.” Right to property generally implies that an owner is entitled to no interference in the enjoyment of his property, in particular, by the government. The action of the Agents of the Defendant is therefore unlawful and a violation of Article 14 of the African Charter and Article Political Rights. 17of the International It is trite that the rules Covenant on Civil and of state responsibility applies to International Human Rights Law. 27

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