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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, JSC AUGUSTINE NNAMANI JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC SALIHU MODIBBO ALFA BELGORE JSC ANDREWS OTUTU OBASEKI JSC ABDUL GANIYU OLATUNJI AGBAJE JSC

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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