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RIGHTS OF PERSONS TO OWN AND ACQUIRE INTERESTS IN PROPERTY IN ANY PART OF NIGERIA

Lawyers Alert V. Government of Benue State KHC/1/2021


WHETHER THE ACTIONS OF THE GOVERNMENT OF BENUE STATE of NIGERIA IN

IMPOUNDING AND DESTROYING 50 MOTORCYCLES BELONGING TO SOME

INDIGENT RESIDENTS OF KATSINA-ALA AND UKUM LOCAL GOVERNMENT AREAS

OF THE STATE, DO NOT AMOUNT TO A BREACH AND VIOLATION OF SECTIONS 36

(1) (4) (6) (12) AND 44 OF THE 1999 CONSTITUTION AND ARTICLE 14 OF THE

AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS?


The Government of Benue state OF Nigeria in a bid to address the high level of

insecurity in the state, on the 29 th day of December 2020 placed an embargo on

the use of motorcycles in the Sankara axis of the state. Security operatives acting

on the directive of the embargo, resorted to the seizure and destruction of

motorcycles belonging to residents, a move that resulted into the burning and

destruction of over 50 motorcycles found in the residents of community

members.


Lawyers Alert, through a class right action, approached the High court in Benue

state for the court’s interpretation of the relevant laws to wit:

Sections 36(1), (4), (6), (12), & 44 of the Constitution of the Federal Republic of

Nigeria, 1999 (As Amended) and Article 14 of the African Charter on Human and

Peoples Rights (Ratification and Enforcement) Act.


OUTCOME:

The respondent reconsidered the directive placing the supposed embargo and

same was suspended.

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