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