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ultimately establish that the terror suspects own properties on which ammunitions were found or bomb factories were located, the suspects still have the right to a fair hearing to determine their guilt. The court in Unibiz Nigeria Limited vs. CBCL Limited [2003] 152 FWLR 71 at 293, notes: “The trial court must first understand that the right is available to the applicant. He must then see if the adjudicating authority accused of breaching the fundamental right of fair hearing of the applicant, has followed the applicable rules and procedure in deciding the claim or charge against him. In other words, he has to answer the question, has the applicant had fair hearing? It is not required of the court in such an action to determine whether or not the adjudicating authority rightly or wrongly decided on the liability or guilt of the applicant.� This quote clearly demonstrates that the right to a fair hearing is to be preserved irrespective of the individuals’ ultimate culpability. This right takes precedence over all other issues of contention. The government cannot escape liability simply by hastily demolishing private homes or communities before suspects have a chance to appeal to a court of law. C. The security undertakings must conform to the due process provisions stipulated by law When security agents take certain measures and actions that necessarily infringe on the fundamental rights of its citizens it must follow due process of law. Section 44 of the Nigerian Constitution outlines the procedure for land takings by both state and non-state actors with regard to any alienation or take-over of private land. It is therefore necessary for the government to submit to due process of law before evicting or demolishing in any community regardless of whether they are suspected to be criminals or terror suspects. This protection extends to both the owner and occupier of land. Because the security agents are demolishing and evicting on such a massive scale it is impossible to ensure that it is only evicting and demolishing those that are linked to terror activities. There is an urgent and long-standing need to change these unilateral, cruel, punitive and force-laden patterns of house demolitions. Granting additional powers to the newly-inaugurated court marshal to investigate and prosecute military officers involved in such demolition exercises is one of the means to do so. D. Landlords, tenants, indigenes and non-indigenes have the right to be compensated, and deserve equal protection under the law The right to fair compensation is guaranteed by Section 44 (1) of the 1999 Nigerian Constitution. Because the constitution protects movable as well as immovable property, it guarantees compensation protection for tenants as well as landlords. Though tenants may not hold legal title to the land, they do have an interest in the movable property on the land or in the building that they are renting. Additionally, tenants often make structural improvements to the buildings that they rent. Compensation for these structural improvements is sometimes negotiated in the original lease agreements. Other times it is negotiated separately in an oral or written contract. In any such case tenants who have made such improvement who have not yet been compensated have a viable interest in the immovable property that they have paid to improve. Section 29 of the Land Use Act lays out particular ways to compensate for loss of property, unexhausted improvements, customary land titles, etc. However, the process of calculating compensation is necessarily

DEMOLISHING FOUNDATIONS OF PEACE

SPACES FOR CHANGE

Profile for SPACES FOR CHANGE

DEMOLISHING FOUNDATIONS OF PEACE  

This report critically examines the effectiveness and human rights implications of using house demolitions to deter terrorism in Northern N...

DEMOLISHING FOUNDATIONS OF PEACE  

This report critically examines the effectiveness and human rights implications of using house demolitions to deter terrorism in Northern N...

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