41. (1) Every citizen of Nigeria is
entitled to move freely throughout Nigeria and to reside in any part
thereof, and no citizen of Nigeria shall be expelled from Nigeria
or refused entry thereby or exit therefrom.
(2) Nothing in subsection (1) of this section shall
invalidate any law that is reasonably justifiable in a democratic
society-
(a) imposing restrictions on the residence or movement
of any person who has committed or is reasonably suspected to have
committed a criminal offence in order to prevent him from leaving
Nigeria; or
(b) providing for the removal of any person from
Nigeria to any other country to:-
(i) be tried outside Nigeria for any criminal offence,
or
(ii) undergo imprisonment outside Nigeria in execution
of the sentence of a court of law in respect of a criminal offence
of which he has been found guilty:
Provided that there is reciprocal agreement between
Nigeria and such other country in relation to such matter.
42. (1) A citizen of Nigeria of a particular community,
ethnic group, place of origin, sex, religion or political opinion
shall not, by reason only that he is such a person:-
(a) be subjected either expressly by, or in the
practical application of, any law in force in Nigeria or any executive
or administrative action of the government, to disabilities or restrictions
to which citizens of Nigeria of other communities, ethnic groups,
places of origin, sex, religions or political opinions are not made
subject; or
(b) be accorded either expressly by, or in the practical
application of, any law in force in Nigeria or any such executive
or administrative action, any privilege or advantage that is not
accorded to citizens of Nigeria of other communities, ethnic groups,
places of origin, sex, religions or political opinions.
(2) No citizen of Nigeria shall be subjected to
any disability or deprivation merely by reason of the circumstances
of his birth.
(3) Nothing in subsection (1) of this section shall
invalidate any law by reason only that the law imposes restrictions
with respect to the appointment of any person to any office under
the State or as a member of the armed forces of the Federation or
member of the Nigeria Police Forces or to an office in the service
of a body, corporate established directly by any law in force in
Nigeria.
43. Subject to the provisions of this Constitution,
every citizen of Nigeria shall have the right to acquire and own
immovable property anywhere in Nigeria.
44. (1) 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 acqui#FF0000
compulsorily in any part of Nigeria except in the manner and for
the purposes prescribed by a law that, among other things -
(a) requires the prompt payment of compensation
therefore and
(b) gives 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.
(2) Nothing in subsection (1) of this section shall
be construed as affecting any general law.
(a) for the imposition or enforcement of any tax,
rate or duty;
(b) for the imposition of penalties or forfeiture
for breach of any law, whether under civil process or after conviction
for an offence;
(c) relating to leases, tenancies, mortgages, charges,
bills of sale or any other rights or obligations arising out of
contracts.
(d) relating to the vesting and administration of
property of persons adjudged or otherwise decla#FF0000 bankrupt
or insolvent, of persons of unsound mind or deceased persons, and
of corporate or unincorporate bodies in the course of being wound-up;
(e) relating to the execution of judgements or orders
of court;
(f) providing for the taking of possesion of property
that is in a dangerous state or is injurious to the health of human
beings, plants or animals;
(g) relating to enemy property;
(h) relating to trusts and trustees;
(i) relating to limitation of actions;
(j) relating to property vested in bodies corporate
directly established by any law in force in Nigeria;
(k) relating to the temporary taking of possession
of property for the purpose of any examination, investigation or
enquiry;
(l) providing for the carrying out of work on land
for the purpose of soil-conservation; or
(m) subject to prompt payment of compensation for
damage to buildings, economic trees or crops, providing for any
authority or person to enter, survey or dig any land, or to lay,
install or erect poles, cables, wires, pipes, or other conductors
or structures on any land, in order to provide or maintain the supply
or distribution of energy, fuel, water, sewage, telecommunication
services or other public facilities or public utilities.
(3) Notwithstanding the foregoing provisions of
this section, the entire property in and control of all minerals,
mineral oils and natural gas in under or upon any land in Nigeria
or in, under or upon the territorial waters and the Exclusive Economic
Zone of Nigeria shall vest in the Government of the Federation and
shall be managed in such manner as may be prescribed by the National
Assembly.
