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Savannah Bank of (Nig.) Ltd and Anor v. Ammel O. Ajilo and Anor

(1989) JELR 87167 (SC)

Supreme Court  •  SC.188/1987  •  27 Jan 1989  •  Nigeria

Coram
EBENEZER BABASANYA CRAIG ....... Justice of the Supreme Court AUGUSTINE NNAMANI J.S.C....... Justice of the Supreme Court ADOLPHUS GODWIN KARIBI-WHYTE....... Justice of the Supreme Court SALIHU MODIBBO ALFA BELGORE....... Justice of the Supreme Court ANDREWS OTUTU OBASEKI....... Justice of the Supreme Court ABDUL GANIYU OLATUNJI AGBAJE....... Justice of the Supreme Court

Judgement

OBASEKI, J.S.C (Presiding and Delivering lead judgment):. This appeal deals with the interpretation and application of some of the provisions of the Land Use Act 1978. Since the promulgation of the Act by the Military Administration of General Obasanjo in 1978, the vast majority of Nigerians have been unaware of its revolutionary effect. They have been unaware that the Act swept away all the unlimited rights and interest they had in their lands and substituted them with very limited rights and rigid control of the use of their limited rights by the Military Governors and Local Governments.

This appeal is probably one of the earliest of contested matters that will bring the revolutionary effect of the Act to the deep and painful awareness of many. The experience of disbelief and the ultra sensitivity to the irritating thoughts of loss of freedom to use one's property without exploitative government control exhibited by the appellants' counsel notwithstanding the fact remains that we mus…

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