Chief Oluwa (Amadu Tijani): Peachy Nigerian Nationalist, Pan-Africanist Too A Traditional Ruler Who Took Britain To Courtroom Inwards 1921 For Stealing Lagos Lands Too Won A Huge Compensation
Amodu Tijani, Chief Oluwa of Lagos, was a Nationalist leader together with Idejo Chief who controlled a serial of villages together with towns inward the Lagos area. He was an ardent founding fellow member of the foremost inter-territorial nationalist movement, National Council of British West Africa (NCBWA) together with attended the first coming together of the organisation inward Accra inward March 1920 with beau Nigerians J Egerton Shyngle together with Herbert Macaulay. NCBWA was the brainchild of the dandy Gold Coast (Ghanaian) together with manlike someone parent of West African nationalism, Joseph Ephraim Casely-Hayford. NCBWA came out with eighty-two (82) resolutions roofing twelve (12) topics. These were:
*The Legislative Councils inward British West Africa should have got one-half i.e. 50% of its membership straight elected,
*There should live a West Africa House of Assembly made upwards of all the members of the Legislative Councils addition half-dozen (6) fiscal representatives elected past times the people to command revenue together with expenditure.
*Municipal Councils dominated past times Africans should live established,
*The Civil Service should live Africanised.
*Syrian together with Lebanese traders should live expelled,
*The correct of the installation or deposition of chiefs should piece of work along to live inward the hands of the people, vii) Influenza A virus subtype H5N1 West African University should live established, viii) Influenza A virus subtype H5N1 Law making instruction compulsory live enacted together with that the measure of primary together with secondary instruction should live raised.
With these demands, inward September 1920 the Congress dispatched a deputation to London. It consisted of Chief Oluwa together with J. Egerton Shyngle from Nigeria, T. Hutton Mills, H. Van Hein together with J. E. Casely-Hayford from Ghana, Dr. H.C. Bankole-Bright together with F.W. Dove from Sierra Leone, together with E.F. Small together with H, M. Jones from The Gambia. Though the deputation remained inward London until Jan 1921, non only were all their demands for constitutional together with judicial reforms rejected, but Lord Milner, the Colonial Secretary, refused to grant them audience.
Despite this fiasco, it was owing to the pull per unit of measurement area mounted past times the Congress that the Colonial Administration introduced limited constitutional reforms. The regulation of elective representation was for the foremost fourth dimension introduced into the 1922 Constitution of Nigeria, the 1924 Constitution of Sierra Leone together with the 1925 Constitution of Ghana. The Congress was the foremost practical endeavor of pan-Africanism, which sought to unite the African elite to combat for a mutual cause.
Highly unashamed of his strong nationalist views together with non fearful nor a stooge of the British colonial management similar his forebear King Docemo of Lagos who signed away the vast native solid ground of Lagos to the British for free, Chief Oluwa argued consistently with the British that the colonial authorities had no authorization to interfere with the Oba's (ruler of Lagos) dominion together with sued the British colonial authorities for using legal tricks inward stealing Lagos lands.
When he lost the instance at the Lagos high court, inward 1920 Oluwa together with dandy Nigerian nationalist, Herbert Macaulay, who was together with so serving every bit Oluwa`s secretarial assistant together with interpreter visited the Privy Council inward London to defend the Oba's correct of ownership to solid ground the colonial authorities had appropriated. The Council ruled inward their favour. This instance proved to live a landmark inward Nigerian history every bit it recognised the Chiefs every bit absolute owners of the land. Songs together with poems were later composed inward Oluwa's honour.
In his recent 2013 majority entitled "Imperial Justice: Africans inward Empire's Court" Bonny Ibhawoh writes that "The British purplish jurist reached a milestone inward 1921. In that twelvemonth the Judicial Committee of the Privy Council (JCPC), the lastly Court of Appeal for all legal disputes throughout the British Empire, passed a landmark instance (the Amadu Tijani case) that was to reflect across the empire because of the precedent it assail the query of Indigenous solid ground right. The appeal was brought to the Privy Council past times an African Chief, Chief Oluwa, against the Colonial authorities inward Nigeria demanding compensation for the "illegal" expropriation of his ancestral land. At the pump of the thing was the Treaty of Cession signed betwixt Britain together with i of the Chief Oluwa`s forebearer, King Docemo, inward 1861. The colonial authorities claimed that, nether the damage of that treaty, the British Crown has acquired ownership of all lands inward the colony of Lagos, including lands claimed past times Chief Oluwa. Indeed, the 1861 states that King Docemo agreed to transfer to the Queen of Great Britain, "her heirs together with successors forever," the solid ground of Lagos, "freely, fully, entirely, together with absolutely."
Although the wording of the treaty was unambiguously attest to the transfer of legal correct of Lagos lands from King Docemo to the British Crown, the legitimacy of that give upwards was tainted ab initio. The British officeholder negotiating the Treaty inward 1860 faced a serious revolt past times other chiefs, who claimed that King Docemo did non absolute customary or legal authorization over "all the lands inward Lagos," which he had supposedly ceded to the Queen of England. Even inward his capacity every bit the paramount principal of Lagos, they contended, Docemo had neither "feudal authority" together with "seigniorial rights" over his chiefs, nor absolute correct over the solid ground held inward trust past times them. Half a century later, principal Oluwa`s petition to the Privy Council hinged on the seat that, despite the Treaty`s provisions, King Docemo actually had nix to transfer to the British.
Chief Amodu Tijani, the Oluwa Of Lagos ( Standing Left) ,During Ramadan Celebration
The key query was whether Chief Oluwa (Amadu Tijani) was entitled to compensation nether the provisions of the Public Lands Ordinance of 1903 which permitted compulsory acquisition of lands but requires compensations to live paid to all persons with involvement inward the land. At the cease of the protracted case, the PC ruled that, every bit the trustee of his native community, Chief Oluwa was entitled to live compensated for the solid ground expropriated past times the government. Whatever concession his forebears may have got made to the British Crown was was made nether the supposition that the holding rights of the inhabitants were to live fully respected. The uncomplicated assertion of the British authority, together with could not, serve to extinguish the legal rights of the aboriginal people to their traditional territories. Although this was a long established colonial regulation applied where the indigenous peoples were inward trouble of the solid ground together with using it, the ruling past times the highest courtroom inward the Empire was significant. With this ruling, at that spot was no to a greater extent than doubtfulness that primary ownership of Lagos lands rested non with the British Crown, but with the indigenous inhabitants of Lagos.
Beyond its legal import, the PC`s determination inward the Amadu Tijani instance had dandy political together with symbolic significance for many Africans. One local paper editorialized that the victory was a "boon for all West Africans," proclaiming: "Today, the dictum that `the white men Government brand no mistake' has been exploded together with proved to live erroneous together with untrue." The tidings of the determination occasioned 2 weeks of celebrations together with festivities inward the streets of Lagos. On his homecoming journeying from London, where he had gone to witness the case, Chief Oluwa received congratulatory messages from African leaders together with learned elites at every port of telephone telephone on the West African coast, from Freetown inward Sierra Leone to Sekondi together with Accra inward the Gold Coast. Forty yard people turned out to at a ceremony to welcome victorious Chief Oluwa together with his entourage when they arrived on the Lagos shore on the morn of 25th August 1921.
Chief Oluwa receives members of the Dutch colony (Lagos, Nigeria, 1922)
The Judicial Committee
His Majesty's Privy Council
Monday, the 11th twenty-four hours of July 1921
Before a Board of
Viscount Haldane
Lord Atkinson
Lord Phillimore
Between
Amodu Tijani
.......
Appellant
And
The Secretary, Southern Provinces
.......
Respondent
Judgment of the Court
Delivered by
Viscount Haldane
In this instance the query raised is every bit to the basis for calculation of the compensation payable to the appellant, who claims for the taking past times the Government of the Colony of Southern Nigeria of sure enough solid ground for world purpose. There was a preliminary betoken every bit to whether the damage of the Public Lands Ordinance of the Colony do non brand the determination of its Supreme Court on such a query final. As to this it is sufficient to say that the damage of the Ordinance did non forestall the practise which has been made of the Prerogative of the Crown to give particular acquire out to pick out this appeal.
The Public Lands Ordinance of 1903 of the Colony provides that the Governor may accept whatever lands required for world purposes for an estate inward fee uncomplicated or for a less estate, on paying compensation to live agreed on or determined past times the Supreme Court of the Colony. The Governor is to give notice to all the persons interested inward the land, or to the persons authorised past times the Ordinance to sell. together with convey it. Where the solid ground required is the holding of a native community, the Head Chief of the community may sell together with convey it inward fee simple, whatever native constabulary or custom to the contrary notwithstanding. There is to live no compensation for solid ground unoccupied unless it is proved that, for at to the lowest degree half-dozen months during the x years preceding whatever notice, sure enough kinds of beneficial usage have got been made of it. In other cases the Court is to assess the compensation according to the value at the fourth dimension when the notice was served, inclusive of harm done past times severance. Prima facie, the persons inward possession, every bit if owners, are to live deemed entitled. Generally speaking, the Governor may pay the compensation inward accordance with the direction of the Court, but where whatever consideration or compensation is paid to a Head Chief inward honor of whatever land, the holding of a native community, such consideration or compensation is to live distributed past times him alongside the members of the community or applied or used for their do goodness inward such proportions together with fashion every bit the Native Council of the District inward which the solid ground is situated, determines with the sanction of the Governor.
The solid ground inward query is at Apapa, on the mainland together with inside the Colony. The appellant is the Head Chief of the Oluwa identify unit of measurement or community, together with is i of the Idejos or landowning white cap chiefs of Lagos together with the solid ground is occupied past times persons roughly of whom pay rent or tribute to him. Apart from whatever identify unit of measurement or private solid ground which the Chief may possess or may have got allotted to members of his ain family, he has inward a representative or official capacity command past times custom over the tracts inside his Chieftaincy, including, every bit Chief Justice Speed points out inward his judgment inward this case, ability of allocation together with of exacting a little tribute or rent inward acknowledgment of his seat every bit Head. But when inward the nowadays proceedings he claimed for the whole value of the solid ground inward question, every bit existence solid ground which he was empowered past times the Ordinance to sell, the Chief Justice of the Supreme Court held that, although he had a correct which must live recognised together with paid for, this correct was:
" only a seigneurial correct giving the holder ordinary rights of command together with direction of the solid ground inward accordance with the well-known principles of native constabulary together with custom, including the correct to have payment of the nominal rent or tribute payable past times the occupiers, together with that compensation should live calculated on that basis, together with non on the basis of absolute ownership of the land."
It does non look clearly from the judgment of the Chief Justice whether he thought that the members of the community had whatever independent correct to compensation, or whether the Crown was entitled to appropriate the solid ground without more.
The appellant, on the other hand, contended that, although his claim was, every bit appears from the statement of his advocate, restricted to i inward a representative capacity, it extended to the total value of the identify unit of measurement properly together with community solid ground vested inward him every bit Chief, for the latter of which he claimed to live entitled to live dealt with nether the damage of the Ordinance inward the capacity of representing his community together with its total championship of occupation.
The query which their Lordships have got to determine is which of these views is the truthful one. In guild to answer the question, it is necessary to consider, inward the foremost identify the existent graphic symbol of the native championship to the land.
Their Lordships brand the preliminary observation that inward interpreting the native championship to land, non only inward Southern Nigeria, but other parts of the British Empire, much caution is essential. There is a tendency, operating at times unconsciously, to homecoming that championship conceptually inward damage which are appropriate only to systems which have got grown upwards nether English linguistic communication law. But this vogue has to live held inward banking concern check closely. As a rule, inward the diverse systems of native jurisprudence throughout the Empire, at that spot is no such total sectionalization betwixt holding together with possession every bit English linguistic communication lawyers are familiar with. Influenza A virus subtype H5N1 really commons shape of native championship is that of a usufructuary right, which is a mere qualification of or burden on the radical or lastly championship of the Sovereign where that exists. In such cases the championship of the Sovereign is a pure legal estate, to which beneficial rights mayor may non live attached. But this estate is qualified past times a correct of beneficial user which may non assume definite forms analogous to estates, or may, where it has assumed these, have got derived them from the intrusion of the mere analogy of English linguistic communication jurisprudence. Their Lordships have got elsewhere explained principles of this form inward connective with the Indian championship to reserve lands inward Canada. But the Indian championship inward Canada affords past times no agency the only illustration of the necessity for getting rid of the supposition that the ownership of solid ground naturally breaks itself upwards into estates, conceived every bit creatures of inherent legal principle. Even where an estate inward fee is definitely recognised every bit the most comprehensive estate inward solid ground which the constabulary recognises, it does non follow that exterior England it admits of existence broken up. In Scotland a life estate imports no freehold title, but is simply, inward contemplation of Scottish law, a burden on a correct of total holding that cannot live dissever up. In Bharat much the same regulation applies. The sectionalization of the fee into successive together with independent incorporeal rights of holding conceived every bit existing separately from the possession, is unknown. In India, every bit inward Southern Nigeria, at that spot is yet roughly other characteristic of the telephone commutation nature of the championship to solid ground which must live borne inward mind. The title, such every bit it is may non live that of the individual, every bit inward this province it nearly ever is inward roughly form, but may live that of a community. Such a community may have got the possessory championship to the mutual enjoyment of a usufruct, with customs nether which its private members are admitted to enjoyment, together with fifty-fifty to a correct of transmitting the private enjoyment every bit members past times assignment inter vivos or past times succession. To ascertain how far this latter evolution of correct has progressed involves the study of the history of the item community together with its usages inward each case. Abstract principles fashioned a priori are of but niggling assistance, together with are every bit oft every bit non misleading.
In the instance of Lagos together with the territory circular it, the necessity of adopting this method of enquiry is evident. As the resultant of cession to the British Crown past times one-time potentates, the radical championship is right away inward the British Sovereign. But that championship is throughout qualified past times the usufructuary rights of communities, rights which, every bit the outcome of deliberate policy, have got been respected together with recognised. Even when mechanism has been established for defining every bit far every bit is possible the rights of individuals past times introducing Crown grants every bit evidence of title, such mechanism has plainly non been directed to the modification of noun rights, but rather to the Definition of those already inward existence together with to the preservation of records of that existence.
In the instance of Lagos the graphic symbol of the tenure of the solid ground alongside the native communities is described past times Chief Justice Rayner inward the Report on Land Tenure inward West Africa, which that learned Judge made inward 1898, inward linguistic communication which their Lordships shout upwards is substantially borne out past times the preponderance of authority.
" The adjacent fact which it is of import to acquit inward remove heed inward guild to sympathize the native solid ground constabulary is that the notion of private ownership is quite unusual to native ideas. Land belongs to the community, the hamlet or the family, never to the individual. All the members of the community, hamlet or, identify unit of measurement have got an equal correct to the land, but inward every instance the Chief or Headman of the community or village, or caput of the family, has accuse of the land, anti inward loose mode of vox communication is sometimes called the owner. He is to roughly extent inward the seat of a trustee, together with every bit such holds the solid ground for the usage of the community or family. He has command of it, together with whatever fellow member who wants a slice of it to cultivate or construct a theatre upon, goes to him for it. But the solid ground so given nonetheless remains the holding of the community or family. He cannot brand whatever of import disposition of the solid ground without consulting the elders of the community or family, together with their consent must inward all cases live given earlier a grant tin live made to a stranger. This is a pure native custom along the whole length of this coast, together with wherever nosotros find, every bit inward Lagos, private owners, this is i time to a greater extent than due to the introduction of English linguistic communication ideas. But the native thought nonetheless has a theatre handgrip on the people, together with inward most cases, fifty-fifty inward Lagos, solid ground is held past times the family. This is so fifty-fifty inward cases of solid ground purporting to live held nether Crown grants together with English linguistic communication conveyances. The master copy grantee may have got held every bit an private owner, but on his expiry all his identify unit of measurement claim an interest, which is ever recognised, together with thus the solid ground becomes i time to a greater extent than identify unit of measurement land. My sense inward Lagos leads me to the conclusion that except where solid ground has been bought past times the nowadays possessor at that spot are really few natives who are private owners of land."
Consideration of the diverse documents, records together with decisions, which have got been brought earlier them inward the class of the statement at the Bar, has led their Lordships to the conclusion that the take in expressed past times Chief Justice Rayner inward the linguistic communication precisely cited is substantially the truthful one. They thus translate paragraph 6 of the Public Lands Ordinance of 1903, which says that where lands required for world purposes are the holding of a native community, " the Head Chief of such community may sell together with convey the same for an estate inward fee simple," every bit pregnant that the Chief may transfer the championship of the community. It follows that it is for the whole of what he so transfers that compensation has to live made. This is borne out past times paragraphs 25 together with 26, which furnish for distribution of such compensation nether the direction of the Native Council of the District, with the sanction of the Governor.
The history of the relations of the Chiefs to the British Crown inward Lagos together with the vicinity bears out this conclusion. About the get-go of the eighteenth century the Island of Lagos was held past times a Chief called Olofin. He had parcelled out the isle together with part of the adjoining mainland alongside roughly 16 subordinate Chiefs, called" Whitecap" inward recognition of their domination over the portions parcelled out to them. About 1790 Lagos was successfully invaded past times the neighbouring Benins. They did non rest inward occupation, but left a representative every bit ruler whose championship was the " Eleko." The successive Elekos inward the cease became the Kings of Lagos, although for a long fourth dimension they acknowledged the sovereignty of the King of the Benins, together with paid tribute to him. The Benins look to have got interfered but niggling with the customs together with arrangements inward the island. About the twelvemonth 1850 payment of tribute was refused, together with the King of Lagos asserted his independence. At this menses Lagos had piece of work a centre of the slave trade, together with this merchandise centre the British Government determined to suppress. Influenza A virus subtype H5N1 Protectorate was at foremost established, together with a niggling later it was decided to accept possession of the island. The together with so manlike someone monarch was named Docemo. In 1861 he made a Treaty of Cession past times which he ceded to the British Crown the port together with isle of Lagos with all the rights, profits, territories together with appurtenances thereto belonging. In 1862 the ceded territories were erected into a separate British Government, with the title" Settlement of Lagos." In 1874 this became part of the Gold Coast. In 1886 Lagos was i time to a greater extent than made a separate Colony, together with finally, inward 1906, it became part of the Colony of Southern Nigeria.
In 1862 a debate took identify inward the House of Commons which is instructive every bit showing the interpretation past times the British Government of the basis on which it had actually entered. The slave merchandise was to live suppressed, but Docemo was non to live maltreated. He was to have got a revenue settled on together with secured to him. The existent possessors of the solid ground were considered to be, non the native kings, but the whitecap chiefs. The apprehension of these Chiefs that they were to live turned out had been set at rest, so it was stated. The object was to suppress the slave trade, together with to innovate orderly conditions. Such, inward substance, was the proclamation of policy to the House of Commons past times the Under Secretary for Foreign Affairs, together with the contemporary despatches together with records confirms it together with betoken to its having been carried out. The Chiefs were stated, inward a despatch from the together with so Consul, to have got been satisfied that the cession would homecoming their private holding to a greater extent than valuable to them. No doubtfulness at that spot was a cession to the British Crown, along with the Sovereignty, of the radical or ultimate championship to the land, inward the novel Colony, but this cession appears to have got been made on the basis that the rights of holding of the inhabitants were to live fully respected. This regulation is a commons i nether British policy together with constabulary when such occupations accept place. The full general words of the cession are construed every bit having related primarily to sovereign rights only. What has been stated appears to have got been the take in taken past times the Judicial Committee inward AttorneyGeneral of Southern Nigeria v. Holt (2 N.L.R. 1.; [1915] A.C., 599), a recent instance reported inward 1915, together with their Lordships handgrip with that view. Where the cession passed whatever proprietary rights they were rights which the ceding manlike someone monarch possessed beneficially together with gratuitous from the usufructuary qualification of his championship inward favour of his subjects.
In the low-cal afforded past times the narrative, it is non admissible to conclude that the Crown is, mostly speaking, entitled to the beneficial ownership of the solid ground every bit having so p'assed to the Crown every bit to give the axe whatever presumptive championship of the natives. In the instance of Oduntan Onisiwo v. The Attorney_General of Southern Nigeria (2 N.L.R. 77), decided past times the Supreme Court of the Colony inward 1912, Chief Justice Osborne set downwards every bit regards the resultant of the Cession of 1861, that he was of take in that" the ownership rights of private landowners, including the families of the Idejos, were left solely unimpaired, together with every bit freely exercisable after the Cession every bit before." In this take in their Lordships concur. Influenza A virus subtype H5N1 mere alter inward sovereignty is non to live presumed every bit meant to disturb rights of private owners; together with the full general damage of a Cession are prima facie to live construed accordingly. The introduction of the scheme of Crown grants which was made after must live regarded every bit having been brought nigh mainly, if non exclusively, for conveyancing purposes, together with non with a take in to altering noun championship already existing. No doubtfulness questions of difficulty may arise inward private instances every bit to the resultant inward constabulary of the damage of item documents. But when the wide query is raised every bit to what is meant past times the provision inward the Public Lands Ordinance of 1903, that where the lands to live taken are the holding of a native community, the Head Chief may sell together with convey it, the answer must live that he is to convey a total native championship of usufruct, together with that adequate compensation for what is so conveyed must live awarded for distribution alongside the members of the community entitled, for apportionment every bit the Native Council of the District, with the sanction of the Governor, may determine. The Chief is only the agent through whom the transaction is to accept place, together with he is to live dealt with every bit representing non only his ain but the other interests affected.
Their Lordships right away plough to the judgments of Chief Justice Speed inward the 2 Courts below. The reasons given inward these judgments were inward resultant adopted past times the Full Court, together with they are conveniently stated inward what was said past times the Chief Justice himself, inward the Court of First Instance. He defined the query raised to live " whether the Oluwa has whatever rights over or championship to the solid ground inward query for which compensation is payable together with if so upon what basis such compensation should live fixed." His answer was that the only correct or championship of the Chief was a " seigneurial correct giving the holder the ordinary rights of command together with direction of land, inward accordance with the well-known principles of native constabulary together with custom, including the correct to have payment of the nominal rent or tribute payable past times the occupiers, together with that compensation should live calculated on that basis together with non on the basis of absolute ownership. " The reasons given past times the Chief Justice Speed for coming to this conclusion were every bit follows: According to the Republic of Benin constabulary the King is the sovereign possessor of the land, together with every bit the territory was conquered past times the Benins it follows that during the conquest the King of Republic of Benin was the existent owner, the command exercised past times the Chiefs nether his " Eleko " or representative existence exercised every bit part of the mechanism of authorities together with non inward virtue of ownership. It powerfulness live that for a considerable menses prior to 1850 the command of the King of Republic of Benin had been relaxed until it became niggling to a greater extent than than a formal together with nominal overlordship, together with that inward this menses at that spot had been a vogue on the part of the small-scale chiefs to arrogate to themselves powers to which constitutionally they had no claim, including independent powers of command together with management. But the resultant of the Cession of 1861 was that, fifty-fifty according to the together with so strict native law, all the rights over the land, including sovereign ownership, passed to the British Crown. He finds that what was recognised past times the British Government was simply the championship of the Chiefs to practise a form of command over considerable tracts of land, including the correct to allot such lands to members of their identify unit of measurement together with others for the purposes of cultivation, together with to have a nominal rent or tribute every bit an acknowledgment of " seigneurial " right. Strict native constabulary would non have got supported this claim, but it was made together with acquiesced in, although at that spot were sure enough Crown grants which look to have got ignored it. There was thus no championship to absolute ownership inward the Chiefs, and, so far every bit the judgment inward the Onisiwo instance (already referred to), was inconsistent with this view, it was based on a confusion betwixt identify unit of measurement together with Chieftaincy property. It was truthful that inward yet roughly other instance inward 1907, which came earlier the Full Court the Government had paid compensation on the basis of absolute ownership, but inward that instance the Government had non raised the query of title, together with the determination consequently could non live regarded every bit authoritative.
Their Lordships shout upwards that the learned Chief Justice inward the judgment thus summarised, which virtually excludes the legal reality of the community usufruct, has failed to recognise the existent graphic symbol of the championship to solid ground occupied past times a native community. That title, every bit they have got pointed out, is prima jacie based, non on such private ownership every bit English linguistic communication constabulary has made familiar, but on a communal usufructuary occupation, which may live so consummate every bit to cut down whatever radical correct inward the Sovereign to i which only extends to comparatively limited rights of administrative interference. In their take in at that spot is no evidence that this form of usufructuary championship of the community was disturbed inward law, either when the Republic of Benin Kings conquered Lagos or when the Cession to the British Crown took identify inward 1861. The full general words used inward the Treaty of Cession are non inward themselves to live construe4 every bit extinguishing land of study rights. The master copy native correct was a communal right, together with it must live presumed to have got continued to be unless the contrary is established past times the context or circumstances. There is, inward their Lordships' opinion, no evidence which points to is having been at whatever fourth dimension seriously disturbed or fifty-fifty questioned. Under these atmospheric condition they are unable to accept the take in adopted past times the Chief Justice together with the Full Court.
Nor do their Lordships shout upwards that at that spot has been made out whatever distinction between" stool" together with communal lands, which affects the regulation to live applied inward estimating the basis on which compensation must live made. The Crown is nether no obligation to pay anyone for unoccupied lands every bit defined. It volition have got to pay the Chief for identify unit of measurement lands to which he is individually entitled when taken. There may live other portions of the solid ground nether his command which he has validly allotted to strangers or peradventure fifty-fifty to members of his ain clan or community. If he is properly deriving tribute or rent from these allotments, he volition have got to live compensated for the loss of it, together with if the allottees have got had valid titles conferred on them, they must also live compensated. Their Lordships doubtfulness whether whatever actually definite distinction is connoted past times the aspect "stool lands." It belike agency niggling to a greater extent than than lands which the Chief holds inward his representative or constitutional capacity, every bit distinguished from solid ground which he together with his ain identify unit of measurement handgrip individually. But inward whatever trial the betoken makes niggling deviation for practical purposes. In the instance of solid ground belonging to the community, but every bit to which no rent or tribute is payable to the Chief, it does non look that the latter is entitled to live compensated otherwise than inward his representative capacity nether the Ordinance of 1903. It is the members of his community who are inward usufructuary trouble or inward an equivalent seat on whose behalf he is making the claim. The whole thing volition have got to live the land of study of a proper enquiry directed to ascertaining whose the existent interests are together with what their values are.
Their Lordships volition accordingly humbly suggest His Majesty that the judgment of the Courts 'below should live reversed, together with that statement should live made: (1) That the appellant, for the purposes of the Public Lands Ordinance No.5 of 1903 is entitled to claim compensation on the basis that he is transferring to the Governor the solid ground inward query inward total ownership, excepting inward so far every bit such solid ground is unoccupied, along with his ain championship to have rent or tribute; (2) That the consideration or compensation awarded is to live distributed, nether the direction of the Native Council of the District with the sanction of the Governor, alongside the members of the community represented past times the appellant every bit its Head Chief inward such proportions together with inward such fashion every bit such Council, with the sanction of the Governor, may determine. The instance volition piece of work dorsum to the Supreme Court of Nigeria (Southern Provinces) to secure that resultant is given to these declarations. The appellant is entitled to his costs of this appeal together with of the appeal to the Full Court, together with inward whatever trial to such costs of the master copy hearing every bit have got been occasioned past times the query raised past times the respondent every bit to hi_ title. The other costs volition live dealt with past times the Supreme Court inward accordance with the provisions of the Ordinance.
source:http://www.nigeria-law.org/Amodu%20Tijani%20%20V%20%20The%20Secretary,%20Southern%20Provinces.htm
*The Legislative Councils inward British West Africa should have got one-half i.e. 50% of its membership straight elected,
*There should live a West Africa House of Assembly made upwards of all the members of the Legislative Councils addition half-dozen (6) fiscal representatives elected past times the people to command revenue together with expenditure.
*Municipal Councils dominated past times Africans should live established,
*The Civil Service should live Africanised.
*Syrian together with Lebanese traders should live expelled,
*The correct of the installation or deposition of chiefs should piece of work along to live inward the hands of the people, vii) Influenza A virus subtype H5N1 West African University should live established, viii) Influenza A virus subtype H5N1 Law making instruction compulsory live enacted together with that the measure of primary together with secondary instruction should live raised.
With these demands, inward September 1920 the Congress dispatched a deputation to London. It consisted of Chief Oluwa together with J. Egerton Shyngle from Nigeria, T. Hutton Mills, H. Van Hein together with J. E. Casely-Hayford from Ghana, Dr. H.C. Bankole-Bright together with F.W. Dove from Sierra Leone, together with E.F. Small together with H, M. Jones from The Gambia. Though the deputation remained inward London until Jan 1921, non only were all their demands for constitutional together with judicial reforms rejected, but Lord Milner, the Colonial Secretary, refused to grant them audience.
Despite this fiasco, it was owing to the pull per unit of measurement area mounted past times the Congress that the Colonial Administration introduced limited constitutional reforms. The regulation of elective representation was for the foremost fourth dimension introduced into the 1922 Constitution of Nigeria, the 1924 Constitution of Sierra Leone together with the 1925 Constitution of Ghana. The Congress was the foremost practical endeavor of pan-Africanism, which sought to unite the African elite to combat for a mutual cause.
Amodu Tijani, Chief Oluwa of Lagos. Circa 12 July 1920. © National Portrait Gallery, London
Highly unashamed of his strong nationalist views together with non fearful nor a stooge of the British colonial management similar his forebear King Docemo of Lagos who signed away the vast native solid ground of Lagos to the British for free, Chief Oluwa argued consistently with the British that the colonial authorities had no authorization to interfere with the Oba's (ruler of Lagos) dominion together with sued the British colonial authorities for using legal tricks inward stealing Lagos lands.
When he lost the instance at the Lagos high court, inward 1920 Oluwa together with dandy Nigerian nationalist, Herbert Macaulay, who was together with so serving every bit Oluwa`s secretarial assistant together with interpreter visited the Privy Council inward London to defend the Oba's correct of ownership to solid ground the colonial authorities had appropriated. The Council ruled inward their favour. This instance proved to live a landmark inward Nigerian history every bit it recognised the Chiefs every bit absolute owners of the land. Songs together with poems were later composed inward Oluwa's honour.
In his recent 2013 majority entitled "Imperial Justice: Africans inward Empire's Court" Bonny Ibhawoh writes that "The British purplish jurist reached a milestone inward 1921. In that twelvemonth the Judicial Committee of the Privy Council (JCPC), the lastly Court of Appeal for all legal disputes throughout the British Empire, passed a landmark instance (the Amadu Tijani case) that was to reflect across the empire because of the precedent it assail the query of Indigenous solid ground right. The appeal was brought to the Privy Council past times an African Chief, Chief Oluwa, against the Colonial authorities inward Nigeria demanding compensation for the "illegal" expropriation of his ancestral land. At the pump of the thing was the Treaty of Cession signed betwixt Britain together with i of the Chief Oluwa`s forebearer, King Docemo, inward 1861. The colonial authorities claimed that, nether the damage of that treaty, the British Crown has acquired ownership of all lands inward the colony of Lagos, including lands claimed past times Chief Oluwa. Indeed, the 1861 states that King Docemo agreed to transfer to the Queen of Great Britain, "her heirs together with successors forever," the solid ground of Lagos, "freely, fully, entirely, together with absolutely."
Chief Amodu Tijani, the Oluwa Of Lagos ( Standing Left) ,During Ramadan Celebration
The key query was whether Chief Oluwa (Amadu Tijani) was entitled to compensation nether the provisions of the Public Lands Ordinance of 1903 which permitted compulsory acquisition of lands but requires compensations to live paid to all persons with involvement inward the land. At the cease of the protracted case, the PC ruled that, every bit the trustee of his native community, Chief Oluwa was entitled to live compensated for the solid ground expropriated past times the government. Whatever concession his forebears may have got made to the British Crown was was made nether the supposition that the holding rights of the inhabitants were to live fully respected. The uncomplicated assertion of the British authority, together with could not, serve to extinguish the legal rights of the aboriginal people to their traditional territories. Although this was a long established colonial regulation applied where the indigenous peoples were inward trouble of the solid ground together with using it, the ruling past times the highest courtroom inward the Empire was significant. With this ruling, at that spot was no to a greater extent than doubtfulness that primary ownership of Lagos lands rested non with the British Crown, but with the indigenous inhabitants of Lagos.
Beyond its legal import, the PC`s determination inward the Amadu Tijani instance had dandy political together with symbolic significance for many Africans. One local paper editorialized that the victory was a "boon for all West Africans," proclaiming: "Today, the dictum that `the white men Government brand no mistake' has been exploded together with proved to live erroneous together with untrue." The tidings of the determination occasioned 2 weeks of celebrations together with festivities inward the streets of Lagos. On his homecoming journeying from London, where he had gone to witness the case, Chief Oluwa received congratulatory messages from African leaders together with learned elites at every port of telephone telephone on the West African coast, from Freetown inward Sierra Leone to Sekondi together with Accra inward the Gold Coast. Forty yard people turned out to at a ceremony to welcome victorious Chief Oluwa together with his entourage when they arrived on the Lagos shore on the morn of 25th August 1921.
Chief Oluwa receives members of the Dutch colony (Lagos, Nigeria, 1922)
The Judicial Committee
His Majesty's Privy Council
Monday, the 11th twenty-four hours of July 1921
Before a Board of
Viscount Haldane
Lord Atkinson
Lord Phillimore
Between
Amodu Tijani
.......
Appellant
And
The Secretary, Southern Provinces
.......
Respondent
Judgment of the Court
Delivered by
Viscount Haldane
In this instance the query raised is every bit to the basis for calculation of the compensation payable to the appellant, who claims for the taking past times the Government of the Colony of Southern Nigeria of sure enough solid ground for world purpose. There was a preliminary betoken every bit to whether the damage of the Public Lands Ordinance of the Colony do non brand the determination of its Supreme Court on such a query final. As to this it is sufficient to say that the damage of the Ordinance did non forestall the practise which has been made of the Prerogative of the Crown to give particular acquire out to pick out this appeal.
The Public Lands Ordinance of 1903 of the Colony provides that the Governor may accept whatever lands required for world purposes for an estate inward fee uncomplicated or for a less estate, on paying compensation to live agreed on or determined past times the Supreme Court of the Colony. The Governor is to give notice to all the persons interested inward the land, or to the persons authorised past times the Ordinance to sell. together with convey it. Where the solid ground required is the holding of a native community, the Head Chief of the community may sell together with convey it inward fee simple, whatever native constabulary or custom to the contrary notwithstanding. There is to live no compensation for solid ground unoccupied unless it is proved that, for at to the lowest degree half-dozen months during the x years preceding whatever notice, sure enough kinds of beneficial usage have got been made of it. In other cases the Court is to assess the compensation according to the value at the fourth dimension when the notice was served, inclusive of harm done past times severance. Prima facie, the persons inward possession, every bit if owners, are to live deemed entitled. Generally speaking, the Governor may pay the compensation inward accordance with the direction of the Court, but where whatever consideration or compensation is paid to a Head Chief inward honor of whatever land, the holding of a native community, such consideration or compensation is to live distributed past times him alongside the members of the community or applied or used for their do goodness inward such proportions together with fashion every bit the Native Council of the District inward which the solid ground is situated, determines with the sanction of the Governor.
The solid ground inward query is at Apapa, on the mainland together with inside the Colony. The appellant is the Head Chief of the Oluwa identify unit of measurement or community, together with is i of the Idejos or landowning white cap chiefs of Lagos together with the solid ground is occupied past times persons roughly of whom pay rent or tribute to him. Apart from whatever identify unit of measurement or private solid ground which the Chief may possess or may have got allotted to members of his ain family, he has inward a representative or official capacity command past times custom over the tracts inside his Chieftaincy, including, every bit Chief Justice Speed points out inward his judgment inward this case, ability of allocation together with of exacting a little tribute or rent inward acknowledgment of his seat every bit Head. But when inward the nowadays proceedings he claimed for the whole value of the solid ground inward question, every bit existence solid ground which he was empowered past times the Ordinance to sell, the Chief Justice of the Supreme Court held that, although he had a correct which must live recognised together with paid for, this correct was:
" only a seigneurial correct giving the holder ordinary rights of command together with direction of the solid ground inward accordance with the well-known principles of native constabulary together with custom, including the correct to have payment of the nominal rent or tribute payable past times the occupiers, together with that compensation should live calculated on that basis, together with non on the basis of absolute ownership of the land."
It does non look clearly from the judgment of the Chief Justice whether he thought that the members of the community had whatever independent correct to compensation, or whether the Crown was entitled to appropriate the solid ground without more.
The appellant, on the other hand, contended that, although his claim was, every bit appears from the statement of his advocate, restricted to i inward a representative capacity, it extended to the total value of the identify unit of measurement properly together with community solid ground vested inward him every bit Chief, for the latter of which he claimed to live entitled to live dealt with nether the damage of the Ordinance inward the capacity of representing his community together with its total championship of occupation.
The query which their Lordships have got to determine is which of these views is the truthful one. In guild to answer the question, it is necessary to consider, inward the foremost identify the existent graphic symbol of the native championship to the land.
Their Lordships brand the preliminary observation that inward interpreting the native championship to land, non only inward Southern Nigeria, but other parts of the British Empire, much caution is essential. There is a tendency, operating at times unconsciously, to homecoming that championship conceptually inward damage which are appropriate only to systems which have got grown upwards nether English linguistic communication law. But this vogue has to live held inward banking concern check closely. As a rule, inward the diverse systems of native jurisprudence throughout the Empire, at that spot is no such total sectionalization betwixt holding together with possession every bit English linguistic communication lawyers are familiar with. Influenza A virus subtype H5N1 really commons shape of native championship is that of a usufructuary right, which is a mere qualification of or burden on the radical or lastly championship of the Sovereign where that exists. In such cases the championship of the Sovereign is a pure legal estate, to which beneficial rights mayor may non live attached. But this estate is qualified past times a correct of beneficial user which may non assume definite forms analogous to estates, or may, where it has assumed these, have got derived them from the intrusion of the mere analogy of English linguistic communication jurisprudence. Their Lordships have got elsewhere explained principles of this form inward connective with the Indian championship to reserve lands inward Canada. But the Indian championship inward Canada affords past times no agency the only illustration of the necessity for getting rid of the supposition that the ownership of solid ground naturally breaks itself upwards into estates, conceived every bit creatures of inherent legal principle. Even where an estate inward fee is definitely recognised every bit the most comprehensive estate inward solid ground which the constabulary recognises, it does non follow that exterior England it admits of existence broken up. In Scotland a life estate imports no freehold title, but is simply, inward contemplation of Scottish law, a burden on a correct of total holding that cannot live dissever up. In Bharat much the same regulation applies. The sectionalization of the fee into successive together with independent incorporeal rights of holding conceived every bit existing separately from the possession, is unknown. In India, every bit inward Southern Nigeria, at that spot is yet roughly other characteristic of the telephone commutation nature of the championship to solid ground which must live borne inward mind. The title, such every bit it is may non live that of the individual, every bit inward this province it nearly ever is inward roughly form, but may live that of a community. Such a community may have got the possessory championship to the mutual enjoyment of a usufruct, with customs nether which its private members are admitted to enjoyment, together with fifty-fifty to a correct of transmitting the private enjoyment every bit members past times assignment inter vivos or past times succession. To ascertain how far this latter evolution of correct has progressed involves the study of the history of the item community together with its usages inward each case. Abstract principles fashioned a priori are of but niggling assistance, together with are every bit oft every bit non misleading.
In the instance of Lagos together with the territory circular it, the necessity of adopting this method of enquiry is evident. As the resultant of cession to the British Crown past times one-time potentates, the radical championship is right away inward the British Sovereign. But that championship is throughout qualified past times the usufructuary rights of communities, rights which, every bit the outcome of deliberate policy, have got been respected together with recognised. Even when mechanism has been established for defining every bit far every bit is possible the rights of individuals past times introducing Crown grants every bit evidence of title, such mechanism has plainly non been directed to the modification of noun rights, but rather to the Definition of those already inward existence together with to the preservation of records of that existence.
In the instance of Lagos the graphic symbol of the tenure of the solid ground alongside the native communities is described past times Chief Justice Rayner inward the Report on Land Tenure inward West Africa, which that learned Judge made inward 1898, inward linguistic communication which their Lordships shout upwards is substantially borne out past times the preponderance of authority.
" The adjacent fact which it is of import to acquit inward remove heed inward guild to sympathize the native solid ground constabulary is that the notion of private ownership is quite unusual to native ideas. Land belongs to the community, the hamlet or the family, never to the individual. All the members of the community, hamlet or, identify unit of measurement have got an equal correct to the land, but inward every instance the Chief or Headman of the community or village, or caput of the family, has accuse of the land, anti inward loose mode of vox communication is sometimes called the owner. He is to roughly extent inward the seat of a trustee, together with every bit such holds the solid ground for the usage of the community or family. He has command of it, together with whatever fellow member who wants a slice of it to cultivate or construct a theatre upon, goes to him for it. But the solid ground so given nonetheless remains the holding of the community or family. He cannot brand whatever of import disposition of the solid ground without consulting the elders of the community or family, together with their consent must inward all cases live given earlier a grant tin live made to a stranger. This is a pure native custom along the whole length of this coast, together with wherever nosotros find, every bit inward Lagos, private owners, this is i time to a greater extent than due to the introduction of English linguistic communication ideas. But the native thought nonetheless has a theatre handgrip on the people, together with inward most cases, fifty-fifty inward Lagos, solid ground is held past times the family. This is so fifty-fifty inward cases of solid ground purporting to live held nether Crown grants together with English linguistic communication conveyances. The master copy grantee may have got held every bit an private owner, but on his expiry all his identify unit of measurement claim an interest, which is ever recognised, together with thus the solid ground becomes i time to a greater extent than identify unit of measurement land. My sense inward Lagos leads me to the conclusion that except where solid ground has been bought past times the nowadays possessor at that spot are really few natives who are private owners of land."
Consideration of the diverse documents, records together with decisions, which have got been brought earlier them inward the class of the statement at the Bar, has led their Lordships to the conclusion that the take in expressed past times Chief Justice Rayner inward the linguistic communication precisely cited is substantially the truthful one. They thus translate paragraph 6 of the Public Lands Ordinance of 1903, which says that where lands required for world purposes are the holding of a native community, " the Head Chief of such community may sell together with convey the same for an estate inward fee simple," every bit pregnant that the Chief may transfer the championship of the community. It follows that it is for the whole of what he so transfers that compensation has to live made. This is borne out past times paragraphs 25 together with 26, which furnish for distribution of such compensation nether the direction of the Native Council of the District, with the sanction of the Governor.
The history of the relations of the Chiefs to the British Crown inward Lagos together with the vicinity bears out this conclusion. About the get-go of the eighteenth century the Island of Lagos was held past times a Chief called Olofin. He had parcelled out the isle together with part of the adjoining mainland alongside roughly 16 subordinate Chiefs, called" Whitecap" inward recognition of their domination over the portions parcelled out to them. About 1790 Lagos was successfully invaded past times the neighbouring Benins. They did non rest inward occupation, but left a representative every bit ruler whose championship was the " Eleko." The successive Elekos inward the cease became the Kings of Lagos, although for a long fourth dimension they acknowledged the sovereignty of the King of the Benins, together with paid tribute to him. The Benins look to have got interfered but niggling with the customs together with arrangements inward the island. About the twelvemonth 1850 payment of tribute was refused, together with the King of Lagos asserted his independence. At this menses Lagos had piece of work a centre of the slave trade, together with this merchandise centre the British Government determined to suppress. Influenza A virus subtype H5N1 Protectorate was at foremost established, together with a niggling later it was decided to accept possession of the island. The together with so manlike someone monarch was named Docemo. In 1861 he made a Treaty of Cession past times which he ceded to the British Crown the port together with isle of Lagos with all the rights, profits, territories together with appurtenances thereto belonging. In 1862 the ceded territories were erected into a separate British Government, with the title" Settlement of Lagos." In 1874 this became part of the Gold Coast. In 1886 Lagos was i time to a greater extent than made a separate Colony, together with finally, inward 1906, it became part of the Colony of Southern Nigeria.
In 1862 a debate took identify inward the House of Commons which is instructive every bit showing the interpretation past times the British Government of the basis on which it had actually entered. The slave merchandise was to live suppressed, but Docemo was non to live maltreated. He was to have got a revenue settled on together with secured to him. The existent possessors of the solid ground were considered to be, non the native kings, but the whitecap chiefs. The apprehension of these Chiefs that they were to live turned out had been set at rest, so it was stated. The object was to suppress the slave trade, together with to innovate orderly conditions. Such, inward substance, was the proclamation of policy to the House of Commons past times the Under Secretary for Foreign Affairs, together with the contemporary despatches together with records confirms it together with betoken to its having been carried out. The Chiefs were stated, inward a despatch from the together with so Consul, to have got been satisfied that the cession would homecoming their private holding to a greater extent than valuable to them. No doubtfulness at that spot was a cession to the British Crown, along with the Sovereignty, of the radical or ultimate championship to the land, inward the novel Colony, but this cession appears to have got been made on the basis that the rights of holding of the inhabitants were to live fully respected. This regulation is a commons i nether British policy together with constabulary when such occupations accept place. The full general words of the cession are construed every bit having related primarily to sovereign rights only. What has been stated appears to have got been the take in taken past times the Judicial Committee inward AttorneyGeneral of Southern Nigeria v. Holt (2 N.L.R. 1.; [1915] A.C., 599), a recent instance reported inward 1915, together with their Lordships handgrip with that view. Where the cession passed whatever proprietary rights they were rights which the ceding manlike someone monarch possessed beneficially together with gratuitous from the usufructuary qualification of his championship inward favour of his subjects.
In the low-cal afforded past times the narrative, it is non admissible to conclude that the Crown is, mostly speaking, entitled to the beneficial ownership of the solid ground every bit having so p'assed to the Crown every bit to give the axe whatever presumptive championship of the natives. In the instance of Oduntan Onisiwo v. The Attorney_General of Southern Nigeria (2 N.L.R. 77), decided past times the Supreme Court of the Colony inward 1912, Chief Justice Osborne set downwards every bit regards the resultant of the Cession of 1861, that he was of take in that" the ownership rights of private landowners, including the families of the Idejos, were left solely unimpaired, together with every bit freely exercisable after the Cession every bit before." In this take in their Lordships concur. Influenza A virus subtype H5N1 mere alter inward sovereignty is non to live presumed every bit meant to disturb rights of private owners; together with the full general damage of a Cession are prima facie to live construed accordingly. The introduction of the scheme of Crown grants which was made after must live regarded every bit having been brought nigh mainly, if non exclusively, for conveyancing purposes, together with non with a take in to altering noun championship already existing. No doubtfulness questions of difficulty may arise inward private instances every bit to the resultant inward constabulary of the damage of item documents. But when the wide query is raised every bit to what is meant past times the provision inward the Public Lands Ordinance of 1903, that where the lands to live taken are the holding of a native community, the Head Chief may sell together with convey it, the answer must live that he is to convey a total native championship of usufruct, together with that adequate compensation for what is so conveyed must live awarded for distribution alongside the members of the community entitled, for apportionment every bit the Native Council of the District, with the sanction of the Governor, may determine. The Chief is only the agent through whom the transaction is to accept place, together with he is to live dealt with every bit representing non only his ain but the other interests affected.
Their Lordships right away plough to the judgments of Chief Justice Speed inward the 2 Courts below. The reasons given inward these judgments were inward resultant adopted past times the Full Court, together with they are conveniently stated inward what was said past times the Chief Justice himself, inward the Court of First Instance. He defined the query raised to live " whether the Oluwa has whatever rights over or championship to the solid ground inward query for which compensation is payable together with if so upon what basis such compensation should live fixed." His answer was that the only correct or championship of the Chief was a " seigneurial correct giving the holder the ordinary rights of command together with direction of land, inward accordance with the well-known principles of native constabulary together with custom, including the correct to have payment of the nominal rent or tribute payable past times the occupiers, together with that compensation should live calculated on that basis together with non on the basis of absolute ownership. " The reasons given past times the Chief Justice Speed for coming to this conclusion were every bit follows: According to the Republic of Benin constabulary the King is the sovereign possessor of the land, together with every bit the territory was conquered past times the Benins it follows that during the conquest the King of Republic of Benin was the existent owner, the command exercised past times the Chiefs nether his " Eleko " or representative existence exercised every bit part of the mechanism of authorities together with non inward virtue of ownership. It powerfulness live that for a considerable menses prior to 1850 the command of the King of Republic of Benin had been relaxed until it became niggling to a greater extent than than a formal together with nominal overlordship, together with that inward this menses at that spot had been a vogue on the part of the small-scale chiefs to arrogate to themselves powers to which constitutionally they had no claim, including independent powers of command together with management. But the resultant of the Cession of 1861 was that, fifty-fifty according to the together with so strict native law, all the rights over the land, including sovereign ownership, passed to the British Crown. He finds that what was recognised past times the British Government was simply the championship of the Chiefs to practise a form of command over considerable tracts of land, including the correct to allot such lands to members of their identify unit of measurement together with others for the purposes of cultivation, together with to have a nominal rent or tribute every bit an acknowledgment of " seigneurial " right. Strict native constabulary would non have got supported this claim, but it was made together with acquiesced in, although at that spot were sure enough Crown grants which look to have got ignored it. There was thus no championship to absolute ownership inward the Chiefs, and, so far every bit the judgment inward the Onisiwo instance (already referred to), was inconsistent with this view, it was based on a confusion betwixt identify unit of measurement together with Chieftaincy property. It was truthful that inward yet roughly other instance inward 1907, which came earlier the Full Court the Government had paid compensation on the basis of absolute ownership, but inward that instance the Government had non raised the query of title, together with the determination consequently could non live regarded every bit authoritative.
Their Lordships shout upwards that the learned Chief Justice inward the judgment thus summarised, which virtually excludes the legal reality of the community usufruct, has failed to recognise the existent graphic symbol of the championship to solid ground occupied past times a native community. That title, every bit they have got pointed out, is prima jacie based, non on such private ownership every bit English linguistic communication constabulary has made familiar, but on a communal usufructuary occupation, which may live so consummate every bit to cut down whatever radical correct inward the Sovereign to i which only extends to comparatively limited rights of administrative interference. In their take in at that spot is no evidence that this form of usufructuary championship of the community was disturbed inward law, either when the Republic of Benin Kings conquered Lagos or when the Cession to the British Crown took identify inward 1861. The full general words used inward the Treaty of Cession are non inward themselves to live construe4 every bit extinguishing land of study rights. The master copy native correct was a communal right, together with it must live presumed to have got continued to be unless the contrary is established past times the context or circumstances. There is, inward their Lordships' opinion, no evidence which points to is having been at whatever fourth dimension seriously disturbed or fifty-fifty questioned. Under these atmospheric condition they are unable to accept the take in adopted past times the Chief Justice together with the Full Court.
Nor do their Lordships shout upwards that at that spot has been made out whatever distinction between" stool" together with communal lands, which affects the regulation to live applied inward estimating the basis on which compensation must live made. The Crown is nether no obligation to pay anyone for unoccupied lands every bit defined. It volition have got to pay the Chief for identify unit of measurement lands to which he is individually entitled when taken. There may live other portions of the solid ground nether his command which he has validly allotted to strangers or peradventure fifty-fifty to members of his ain clan or community. If he is properly deriving tribute or rent from these allotments, he volition have got to live compensated for the loss of it, together with if the allottees have got had valid titles conferred on them, they must also live compensated. Their Lordships doubtfulness whether whatever actually definite distinction is connoted past times the aspect "stool lands." It belike agency niggling to a greater extent than than lands which the Chief holds inward his representative or constitutional capacity, every bit distinguished from solid ground which he together with his ain identify unit of measurement handgrip individually. But inward whatever trial the betoken makes niggling deviation for practical purposes. In the instance of solid ground belonging to the community, but every bit to which no rent or tribute is payable to the Chief, it does non look that the latter is entitled to live compensated otherwise than inward his representative capacity nether the Ordinance of 1903. It is the members of his community who are inward usufructuary trouble or inward an equivalent seat on whose behalf he is making the claim. The whole thing volition have got to live the land of study of a proper enquiry directed to ascertaining whose the existent interests are together with what their values are.
source:http://www.nigeria-law.org/Amodu%20Tijani%20%20V%20%20The%20Secretary,%20Southern%20Provinces.htm
Comments
Post a Comment