Info For Yous Primary Oluwa (Amadu Tijani): Swell Nigerian Nationalist, Pan-Africanist In Addition To A Traditional Ruler Who Took Britain To Courtroom Inwards 1921 For Stealing Lagos Lands In Addition To 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 first of all inter-territorial nationalist movement, National Council of British West Africa (NCBWA) together with attended the initiative coming together of the organisation inward Accra inward March 1920 amongst immature homo Nigerians J Egerton Shyngle together with Herbert Macaulay. NCBWA was the brainchild of the slap-up Gold Coast (Ghanaian) together with manly somebody parent of West African nationalism, Joseph Ephraim Casely-Hayford. NCBWA came out amongst eighty-two (82) resolutions roofing twelve (12) topics. These were:
*The Legislative Councils inward British West Africa should withdraw hold one-half i.e. 50% of its membership straight elected,
*There should hold out a West Africa House of Assembly made upwardly of all the members of the Legislative Councils summation 6 (6) fiscal representatives elected past times the people to command revenue together with expenditure.
*Municipal Councils dominated past times Africans should hold out established,
*The Civil Service should hold out Africanised.
*Syrian together with Lebanese traders should hold out expelled,
*The correct of the installation or deposition of chiefs should maintain to hold out inward the hands of the people, vii) H5N1 West African University should hold out established, viii) H5N1 Law making instruction compulsory hold out enacted together with that the criterion of primary together with secondary instruction should hold out 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 first of all 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 first of all practical travail of pan-Africanism, which sought to unite the African elite to fighting for a mutual cause.
Highly unashamed of his strong nationalist views together with non fearful nor a stooge of the British colonial direction similar his forebear King Docemo of Lagos who signed away the vast native ground of Lagos to the British for free, Chief Oluwa argued consistently amongst the British that the colonial authorities had no say-so to interfere amongst 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 slap-up 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 ground the colonial authorities had appropriated. The Council ruled inward their favour. This instance proved to hold out 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 mass entitled "Imperial Justice: Africans inward Empire's Court" Bonny Ibhawoh writes that "The British violet judge reached a milestone inward 1921. In that yr the Judicial Committee of the Privy Council (JCPC), the in conclusion 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 assault the interrogation of Indigenous 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 affair was the Treaty of Cession signed betwixt U.K. together with ane 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 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 upwardly 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 say-so over "all the lands inward Lagos," which he had supposedly ceded to the Queen of England. Even inward his capacity every bit the paramount main of Lagos, they contended, Docemo had neither "feudal authority" together with "seigniorial rights" over his chiefs, nor absolute correct over the ground held inward trust past times them. Half a century later, main Oluwa`s petition to the Privy Council hinged on the seat that, despite the Treaty`s provisions, King Docemo actually had aught to transfer to the British.
Chief Amodu Tijani, the Oluwa Of Lagos ( Standing Left) ,During Ramadan Celebration
The key interrogation 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 hold out paid to all persons amongst 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 hold out compensated for the ground expropriated past times the government. Whatever concession his forebears may withdraw hold made to the British Crown was was made nether the supposition that the belongings rights of the inhabitants were to hold out fully respected. The unproblematic 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 employment of the ground together with using it, the ruling past times the highest courtroom inward the Empire was significant. With this ruling, at that topographic point was no to a greater extent than uncertainty that primary ownership of Lagos lands rested non amongst the British Crown, but amongst the indigenous inhabitants of Lagos.
Beyond its legal import, the PC`s determination inward the Amadu Tijani instance had slap-up 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 hold out 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 phone on the West African coast, from Freetown inward Sierra Leone to Sekondi together with Accra inward the Gold Coast. Forty thou 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 morning time 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 hr menses 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 interrogation 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 surely 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 interrogation final. As to this it is sufficient to say that the damage of the Ordinance did non foreclose the practise which has been made of the Prerogative of the Crown to give especial run out to convey this appeal.
The Public Lands Ordinance of 1903 of the Colony provides that the Governor may withdraw hold whatever lands required for world purposes for an estate inward fee unproblematic or for a less estate, on paying compensation to hold out 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 ground required is the belongings of a native community, the Head Chief of the community may sell together with convey it inward fee simple, whatever native police or custom to the contrary notwithstanding. There is to hold out no compensation for ground unoccupied unless it is proved that, for at to the lowest degree 6 months during the 10 years preceding whatever notice, surely kinds of beneficial usage withdraw hold 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 hold out deemed entitled. Generally speaking, the Governor may pay the compensation inward accordance amongst the direction of the Court, but where whatever consideration or compensation is paid to a Head Chief inward honour of whatever land, the belongings of a native community, such consideration or compensation is to hold out distributed past times him amid the members of the community or applied or used for their do goodness inward such proportions together with style every bit the Native Council of the District inward which the ground is situated, determines amongst the sanction of the Governor.
The ground inward interrogation is at Apapa, on the mainland together with inside the Colony. The appellant is the Head Chief of the Oluwa household unit of measurement or community, together with is ane of the Idejos or landowning white cap chiefs of Lagos together with the ground is occupied past times persons roughly of whom pay rent or tribute to him. Apart from whatever household unit of measurement or private ground which the Chief may possess or may withdraw hold 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 resources allotment 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 ground inward question, every bit beingness 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 hold out recognised together with paid for, this correct was:
" exactly a seigneurial correct giving the holder ordinary rights of command together with direction of the ground inward accordance amongst the well-known principles of native police 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 hold out 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 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 ane inward a representative capacity, it extended to the total value of the household unit of measurement properly together with community ground vested inward him every bit Chief, for the latter of which he claimed to hold out entitled to hold out dealt amongst nether the damage of the Ordinance inward the capacity of representing his community together with its total championship of occupation.
The interrogation which their Lordships withdraw hold to create upwardly one's withdraw heed is which of these views is the truthful one. In gild to response the question, it is necessary to consider, inward the first of all house the existent grapheme 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 withdraw hold grown upwardly nether English linguistic communication law. But this style has to hold out held inward banking concern check closely. As a rule, inward the diverse systems of native jurisprudence throughout the Empire, at that topographic point is no such total sectionalization betwixt belongings together with possession every bit English linguistic communication lawyers are familiar with. H5N1 really park shape of native championship is that of a usufructuary right, which is a mere qualification of or burden on the radical or in conclusion 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 hold out 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, withdraw hold derived them from the intrusion of the mere analogy of English linguistic communication jurisprudence. Their Lordships withdraw hold elsewhere explained principles of this variety inward connectedness amongst the Indian championship to reserve lands inward Canada. But the Indian championship inward Canada affords past times no agency the only instance of the necessity for getting rid of the supposition that the ownership of ground naturally breaks itself upwardly 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 ground which the police recognises, it does non follow that exterior England it admits of beingness 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 belongings that cannot hold out separate up. In Republic of Republic of India much the same regulation applies. The sectionalization of the fee into successive together with independent incorporeal rights of belongings conceived every bit existing separately from the possession, is unknown. In India, every bit inward Southern Nigeria, at that topographic point is yet roughly other characteristic of the substitution nature of the championship to ground which must hold out borne inward mind. The title, such every bit it is may non hold out that of the individual, every bit inward this province it nearly ever is inward roughly form, but may hold out that of a community. Such a community may withdraw hold the possessory championship to the mutual enjoyment of a usufruct, amongst 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 picayune assistance, together with are every bit frequently 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 final result of cession to the British Crown past times one-time potentates, the radical championship is immediately 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, withdraw hold 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 patently 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 grapheme of the tenure of the ground amid 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 recollect is substantially borne out past times the preponderance of authority.
" The adjacent fact which it is of import to behaviour inward withdraw heed inward gild to empathise the native ground police 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, household unit of measurement withdraw hold 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 spoken communication is sometimes called the owner. He is to roughly extent inward the seat of a trustee, together with every bit such holds the 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 theater upon, goes to him for it. But the ground so given nonetheless remains the belongings of the community or family. He cannot brand whatever of import disposition of the ground without consulting the elders of the community or family, together with their consent must inward all cases hold out given earlier a grant tin hold out 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 over again due to the introduction of English linguistic communication ideas. But the native thought nonetheless has a business solid handgrip on the people, together with inward most cases, fifty-fifty inward Lagos, ground is held past times the family. This is so fifty-fifty inward cases of ground purporting to hold out held nether Crown grants together with English linguistic communication conveyances. The master grantee may withdraw hold held every bit an private owner, but on his expiry all his household unit of measurement claim an interest, which is ever recognised, together with thus the ground becomes over again household unit of measurement land. My sense inward Lagos leads me to the conclusion that except where ground has been bought past times the nowadays possessor at that topographic point are really few natives who are private owners of land."
Consideration of the diverse documents, records together with decisions, which withdraw hold been brought earlier them inward the course of instruction of the statement at the Bar, has led their Lordships to the conclusion that the see expressed past times Chief Justice Rayner inward the linguistic communication exactly cited is substantially the truthful one. They thence translate paragraph 6 of the Public Lands Ordinance of 1903, which says that where lands required for world purposes are the belongings 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 important 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 hold out made. This is borne out past times paragraphs 25 together with 26, which render for distribution of such compensation nether the direction of the Native Council of the District, amongst 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 start 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 amid 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 stay 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 withdraw hold interfered but picayune amongst the customs together with arrangements inward the island. About the yr 1850 payment of tribute was refused, together with the King of Lagos asserted his independence. At this menses Lagos had run a centre of the slave trade, together with this merchandise centre the British Government determined to suppress. H5N1 Protectorate was at first of all established, together with a picayune later it was decided to withdraw hold possession of the island. The together with so manly somebody 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 amongst all the rights, profits, territories together with appurtenances thereto belonging. In 1862 the ceded territories were erected into a separate British Government, amongst the title" Settlement of Lagos." In 1874 this became part of the Gold Coast. In 1886 Lagos was over again made a separate Colony, together with finally, inward 1906, it became part of the Colony of Southern Nigeria.
In 1862 a debate took house 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 hold out suppressed, but Docemo was non to hold out maltreated. He was to withdraw hold a revenue settled on together with secured to him. The existent possessors of the ground were considered to be, non the native kings, but the whitecap chiefs. The apprehension of these Chiefs that they were to hold out 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 annunciation 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 withdraw hold been satisfied that the cession would homecoming their private belongings to a greater extent than valuable to them. No uncertainty at that topographic point was a cession to the British Crown, along amongst the Sovereignty, of the radical or ultimate championship to the land, inward the novel Colony, but this cession appears to withdraw hold been made on the basis that the rights of belongings of the inhabitants were to hold out fully respected. This regulation is a park ane nether British policy together with police when such occupations withdraw hold 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 withdraw hold been the see 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 concord amongst that view. Where the cession passed whatever proprietary rights they were rights which the ceding manly somebody monarch possessed beneficially together with gratis 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, by together with large speaking, entitled to the beneficial ownership of the ground every bit having so p'assed to the Crown every bit to flaming 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 final result of the Cession of 1861, that he was of thought 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 see their Lordships concur. H5N1 mere modify inward sovereignty is non to hold out presumed every bit meant to disturb rights of private owners; together with the full general damage of a Cession are prima facie to hold out construed accordingly. The introduction of the scheme of Crown grants which was made later on must hold out regarded every bit having been brought most mainly, if non exclusively, for conveyancing purposes, together with non amongst a see to altering noun championship already existing. No uncertainty questions of difficulty may arise inward private instances every bit to the final result inward police of the damage of item documents. But when the wide interrogation is raised every bit to what is meant past times the provision inward the Public Lands Ordinance of 1903, that where the lands to hold out taken are the belongings of a native community, the Head Chief may sell together with convey it, the response must hold out that he is to convey a total native championship of usufruct, together with that adequate compensation for what is so conveyed must hold out awarded for distribution amid the members of the community entitled, for apportionment every bit the Native Council of the District, amongst the sanction of the Governor, may determine. The Chief is only the agent through whom the transaction is to withdraw hold place, together with he is to hold out dealt amongst every bit representing non only his ain but the other interests affected.
Their Lordships immediately plow to the judgments of Chief Justice Speed inward the 2 Courts below. The reasons given inward these judgments were inward final result 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 interrogation raised to hold out " whether the Oluwa has whatever rights over or championship to the ground inward interrogation for which compensation is payable together with if so upon what basis such compensation should hold out fixed." His response 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 amongst the well-known principles of native police 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 hold out 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 police 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 beingness exercised every bit part of the mechanism of authorities together with non inward virtue of ownership. It powerfulness hold out that for a considerable menses prior to 1850 the command of the King of Republic of Benin had been relaxed until it became picayune to a greater extent than than a formal together with nominal overlordship, together with that inward this menses at that topographic point had been a style on the part of the little chiefs to arrogate to themselves powers to which constitutionally they had no claim, including independent powers of command together with management. But the final result 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 variety of command over considerable tracts of land, including the correct to allot such lands to members of their household 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 police would non withdraw hold supported this claim, but it was made together with acquiesced in, although at that topographic point were surely Crown grants which look to withdraw hold 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 amongst this view, it was based on a confusion betwixt household 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 interrogation of title, together with the determination consequently could non hold out regarded every bit authoritative.
Their Lordships recollect 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 grapheme of the championship to ground occupied past times a native community. That title, every bit they withdraw hold pointed out, is prima jacie based, non on such private ownership every bit English linguistic communication police has made familiar, but on a communal usufructuary occupation, which may hold out so consummate every bit to trim whatever radical correct inward the Sovereign to ane which only extends to comparatively limited rights of administrative interference. In their thought at that topographic point is no evidence that this variety 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 house inward 1861. The full general words used inward the Treaty of Cession are non inward themselves to hold out construe4 every bit extinguishing dependent land rights. The master native correct was a communal right, together with it must hold out presumed to withdraw hold 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 weather they are unable to withdraw hold the see adopted past times the Chief Justice together with the Full Court.
Nor do their Lordships recollect that at that topographic point has been made out whatever distinction between" stool" together with communal lands, which affects the regulation to hold out applied inward estimating the basis on which compensation must hold out made. The Crown is nether no obligation to pay anyone for unoccupied lands every bit defined. It volition withdraw hold to pay the Chief for household unit of measurement lands to which he is individually entitled when taken. There may hold out other portions of the ground nether his command which he has validly allotted to strangers or perchance fifty-fifty to members of his ain clan or community. If he is properly deriving tribute or rent from these allotments, he volition withdraw hold to hold out compensated for the loss of it, together with if the allottees withdraw hold had valid titles conferred on them, they must also hold out compensated. Their Lordships uncertainty whether whatever actually definite distinction is connoted past times the aspect "stool lands." It likely agency picayune to a greater extent than than lands which the Chief holds inward his representative or constitutional capacity, every bit distinguished from ground which he together with his ain household unit of measurement handgrip individually. But inward whatever lawsuit the betoken makes picayune divergence for practical purposes. In the instance of 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 hold out compensated otherwise than inward his representative capacity nether the Ordinance of 1903. It is the members of his community who are inward usufructuary employment or inward an equivalent seat on whose behalf he is making the claim. The whole affair volition withdraw hold to hold out the dependent land 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 hold out reversed, together with that statement should hold out 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 ground inward interrogation inward total ownership, excepting inward so far every bit such ground is unoccupied, along amongst his ain championship to have rent or tribute; (2) That the consideration or compensation awarded is to hold out distributed, nether the direction of the Native Council of the District amongst the sanction of the Governor, amid the members of the community represented past times the appellant every bit its Head Chief inward such proportions together with inward such style every bit such Council, amongst the sanction of the Governor, may determine. The instance volition run dorsum to the Supreme Court of Nigeria (Southern Provinces) to secure that final result 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 lawsuit to such costs of the master hearing every bit withdraw hold been occasioned past times the interrogation raised past times the respondent every bit to hi_ title. The other costs volition hold out dealt amongst past times the Supreme Court inward accordance amongst 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 withdraw hold one-half i.e. 50% of its membership straight elected,
*There should hold out a West Africa House of Assembly made upwardly of all the members of the Legislative Councils summation 6 (6) fiscal representatives elected past times the people to command revenue together with expenditure.
*Municipal Councils dominated past times Africans should hold out established,
*The Civil Service should hold out Africanised.
*Syrian together with Lebanese traders should hold out expelled,
*The correct of the installation or deposition of chiefs should maintain to hold out inward the hands of the people, vii) H5N1 West African University should hold out established, viii) H5N1 Law making instruction compulsory hold out enacted together with that the criterion of primary together with secondary instruction should hold out 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 first of all 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 first of all practical travail of pan-Africanism, which sought to unite the African elite to fighting 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 direction similar his forebear King Docemo of Lagos who signed away the vast native ground of Lagos to the British for free, Chief Oluwa argued consistently amongst the British that the colonial authorities had no say-so to interfere amongst 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 slap-up 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 ground the colonial authorities had appropriated. The Council ruled inward their favour. This instance proved to hold out 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 mass entitled "Imperial Justice: Africans inward Empire's Court" Bonny Ibhawoh writes that "The British violet judge reached a milestone inward 1921. In that yr the Judicial Committee of the Privy Council (JCPC), the in conclusion 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 assault the interrogation of Indigenous 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 affair was the Treaty of Cession signed betwixt U.K. together with ane 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 ground of Lagos, "freely, fully, entirely, together with absolutely."
Chief Amodu Tijani, the Oluwa Of Lagos ( Standing Left) ,During Ramadan Celebration
The key interrogation 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 hold out paid to all persons amongst 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 hold out compensated for the ground expropriated past times the government. Whatever concession his forebears may withdraw hold made to the British Crown was was made nether the supposition that the belongings rights of the inhabitants were to hold out fully respected. The unproblematic 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 employment of the ground together with using it, the ruling past times the highest courtroom inward the Empire was significant. With this ruling, at that topographic point was no to a greater extent than uncertainty that primary ownership of Lagos lands rested non amongst the British Crown, but amongst the indigenous inhabitants of Lagos.
Beyond its legal import, the PC`s determination inward the Amadu Tijani instance had slap-up 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 hold out 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 phone on the West African coast, from Freetown inward Sierra Leone to Sekondi together with Accra inward the Gold Coast. Forty thou 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 morning time 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 hr menses 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 interrogation 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 surely 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 interrogation final. As to this it is sufficient to say that the damage of the Ordinance did non foreclose the practise which has been made of the Prerogative of the Crown to give especial run out to convey this appeal.
The Public Lands Ordinance of 1903 of the Colony provides that the Governor may withdraw hold whatever lands required for world purposes for an estate inward fee unproblematic or for a less estate, on paying compensation to hold out 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 ground required is the belongings of a native community, the Head Chief of the community may sell together with convey it inward fee simple, whatever native police or custom to the contrary notwithstanding. There is to hold out no compensation for ground unoccupied unless it is proved that, for at to the lowest degree 6 months during the 10 years preceding whatever notice, surely kinds of beneficial usage withdraw hold 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 hold out deemed entitled. Generally speaking, the Governor may pay the compensation inward accordance amongst the direction of the Court, but where whatever consideration or compensation is paid to a Head Chief inward honour of whatever land, the belongings of a native community, such consideration or compensation is to hold out distributed past times him amid the members of the community or applied or used for their do goodness inward such proportions together with style every bit the Native Council of the District inward which the ground is situated, determines amongst the sanction of the Governor.
The ground inward interrogation is at Apapa, on the mainland together with inside the Colony. The appellant is the Head Chief of the Oluwa household unit of measurement or community, together with is ane of the Idejos or landowning white cap chiefs of Lagos together with the ground is occupied past times persons roughly of whom pay rent or tribute to him. Apart from whatever household unit of measurement or private ground which the Chief may possess or may withdraw hold 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 resources allotment 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 ground inward question, every bit beingness 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 hold out recognised together with paid for, this correct was:
" exactly a seigneurial correct giving the holder ordinary rights of command together with direction of the ground inward accordance amongst the well-known principles of native police 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 hold out 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 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 ane inward a representative capacity, it extended to the total value of the household unit of measurement properly together with community ground vested inward him every bit Chief, for the latter of which he claimed to hold out entitled to hold out dealt amongst nether the damage of the Ordinance inward the capacity of representing his community together with its total championship of occupation.
The interrogation which their Lordships withdraw hold to create upwardly one's withdraw heed is which of these views is the truthful one. In gild to response the question, it is necessary to consider, inward the first of all house the existent grapheme 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 withdraw hold grown upwardly nether English linguistic communication law. But this style has to hold out held inward banking concern check closely. As a rule, inward the diverse systems of native jurisprudence throughout the Empire, at that topographic point is no such total sectionalization betwixt belongings together with possession every bit English linguistic communication lawyers are familiar with. H5N1 really park shape of native championship is that of a usufructuary right, which is a mere qualification of or burden on the radical or in conclusion 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 hold out 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, withdraw hold derived them from the intrusion of the mere analogy of English linguistic communication jurisprudence. Their Lordships withdraw hold elsewhere explained principles of this variety inward connectedness amongst the Indian championship to reserve lands inward Canada. But the Indian championship inward Canada affords past times no agency the only instance of the necessity for getting rid of the supposition that the ownership of ground naturally breaks itself upwardly 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 ground which the police recognises, it does non follow that exterior England it admits of beingness 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 belongings that cannot hold out separate up. In Republic of Republic of India much the same regulation applies. The sectionalization of the fee into successive together with independent incorporeal rights of belongings conceived every bit existing separately from the possession, is unknown. In India, every bit inward Southern Nigeria, at that topographic point is yet roughly other characteristic of the substitution nature of the championship to ground which must hold out borne inward mind. The title, such every bit it is may non hold out that of the individual, every bit inward this province it nearly ever is inward roughly form, but may hold out that of a community. Such a community may withdraw hold the possessory championship to the mutual enjoyment of a usufruct, amongst 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 picayune assistance, together with are every bit frequently 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 final result of cession to the British Crown past times one-time potentates, the radical championship is immediately 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, withdraw hold 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 patently 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 grapheme of the tenure of the ground amid 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 recollect is substantially borne out past times the preponderance of authority.
" The adjacent fact which it is of import to behaviour inward withdraw heed inward gild to empathise the native ground police 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, household unit of measurement withdraw hold 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 spoken communication is sometimes called the owner. He is to roughly extent inward the seat of a trustee, together with every bit such holds the 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 theater upon, goes to him for it. But the ground so given nonetheless remains the belongings of the community or family. He cannot brand whatever of import disposition of the ground without consulting the elders of the community or family, together with their consent must inward all cases hold out given earlier a grant tin hold out 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 over again due to the introduction of English linguistic communication ideas. But the native thought nonetheless has a business solid handgrip on the people, together with inward most cases, fifty-fifty inward Lagos, ground is held past times the family. This is so fifty-fifty inward cases of ground purporting to hold out held nether Crown grants together with English linguistic communication conveyances. The master grantee may withdraw hold held every bit an private owner, but on his expiry all his household unit of measurement claim an interest, which is ever recognised, together with thus the ground becomes over again household unit of measurement land. My sense inward Lagos leads me to the conclusion that except where ground has been bought past times the nowadays possessor at that topographic point are really few natives who are private owners of land."
Consideration of the diverse documents, records together with decisions, which withdraw hold been brought earlier them inward the course of instruction of the statement at the Bar, has led their Lordships to the conclusion that the see expressed past times Chief Justice Rayner inward the linguistic communication exactly cited is substantially the truthful one. They thence translate paragraph 6 of the Public Lands Ordinance of 1903, which says that where lands required for world purposes are the belongings 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 important 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 hold out made. This is borne out past times paragraphs 25 together with 26, which render for distribution of such compensation nether the direction of the Native Council of the District, amongst 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 start 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 amid 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 stay 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 withdraw hold interfered but picayune amongst the customs together with arrangements inward the island. About the yr 1850 payment of tribute was refused, together with the King of Lagos asserted his independence. At this menses Lagos had run a centre of the slave trade, together with this merchandise centre the British Government determined to suppress. H5N1 Protectorate was at first of all established, together with a picayune later it was decided to withdraw hold possession of the island. The together with so manly somebody 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 amongst all the rights, profits, territories together with appurtenances thereto belonging. In 1862 the ceded territories were erected into a separate British Government, amongst the title" Settlement of Lagos." In 1874 this became part of the Gold Coast. In 1886 Lagos was over again made a separate Colony, together with finally, inward 1906, it became part of the Colony of Southern Nigeria.
In 1862 a debate took house 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 hold out suppressed, but Docemo was non to hold out maltreated. He was to withdraw hold a revenue settled on together with secured to him. The existent possessors of the ground were considered to be, non the native kings, but the whitecap chiefs. The apprehension of these Chiefs that they were to hold out 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 annunciation 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 withdraw hold been satisfied that the cession would homecoming their private belongings to a greater extent than valuable to them. No uncertainty at that topographic point was a cession to the British Crown, along amongst the Sovereignty, of the radical or ultimate championship to the land, inward the novel Colony, but this cession appears to withdraw hold been made on the basis that the rights of belongings of the inhabitants were to hold out fully respected. This regulation is a park ane nether British policy together with police when such occupations withdraw hold 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 withdraw hold been the see 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 concord amongst that view. Where the cession passed whatever proprietary rights they were rights which the ceding manly somebody monarch possessed beneficially together with gratis 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, by together with large speaking, entitled to the beneficial ownership of the ground every bit having so p'assed to the Crown every bit to flaming 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 final result of the Cession of 1861, that he was of thought 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 see their Lordships concur. H5N1 mere modify inward sovereignty is non to hold out presumed every bit meant to disturb rights of private owners; together with the full general damage of a Cession are prima facie to hold out construed accordingly. The introduction of the scheme of Crown grants which was made later on must hold out regarded every bit having been brought most mainly, if non exclusively, for conveyancing purposes, together with non amongst a see to altering noun championship already existing. No uncertainty questions of difficulty may arise inward private instances every bit to the final result inward police of the damage of item documents. But when the wide interrogation is raised every bit to what is meant past times the provision inward the Public Lands Ordinance of 1903, that where the lands to hold out taken are the belongings of a native community, the Head Chief may sell together with convey it, the response must hold out that he is to convey a total native championship of usufruct, together with that adequate compensation for what is so conveyed must hold out awarded for distribution amid the members of the community entitled, for apportionment every bit the Native Council of the District, amongst the sanction of the Governor, may determine. The Chief is only the agent through whom the transaction is to withdraw hold place, together with he is to hold out dealt amongst every bit representing non only his ain but the other interests affected.
Their Lordships immediately plow to the judgments of Chief Justice Speed inward the 2 Courts below. The reasons given inward these judgments were inward final result 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 interrogation raised to hold out " whether the Oluwa has whatever rights over or championship to the ground inward interrogation for which compensation is payable together with if so upon what basis such compensation should hold out fixed." His response 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 amongst the well-known principles of native police 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 hold out 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 police 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 beingness exercised every bit part of the mechanism of authorities together with non inward virtue of ownership. It powerfulness hold out that for a considerable menses prior to 1850 the command of the King of Republic of Benin had been relaxed until it became picayune to a greater extent than than a formal together with nominal overlordship, together with that inward this menses at that topographic point had been a style on the part of the little chiefs to arrogate to themselves powers to which constitutionally they had no claim, including independent powers of command together with management. But the final result 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 variety of command over considerable tracts of land, including the correct to allot such lands to members of their household 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 police would non withdraw hold supported this claim, but it was made together with acquiesced in, although at that topographic point were surely Crown grants which look to withdraw hold 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 amongst this view, it was based on a confusion betwixt household 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 interrogation of title, together with the determination consequently could non hold out regarded every bit authoritative.
Their Lordships recollect 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 grapheme of the championship to ground occupied past times a native community. That title, every bit they withdraw hold pointed out, is prima jacie based, non on such private ownership every bit English linguistic communication police has made familiar, but on a communal usufructuary occupation, which may hold out so consummate every bit to trim whatever radical correct inward the Sovereign to ane which only extends to comparatively limited rights of administrative interference. In their thought at that topographic point is no evidence that this variety 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 house inward 1861. The full general words used inward the Treaty of Cession are non inward themselves to hold out construe4 every bit extinguishing dependent land rights. The master native correct was a communal right, together with it must hold out presumed to withdraw hold 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 weather they are unable to withdraw hold the see adopted past times the Chief Justice together with the Full Court.
Nor do their Lordships recollect that at that topographic point has been made out whatever distinction between" stool" together with communal lands, which affects the regulation to hold out applied inward estimating the basis on which compensation must hold out made. The Crown is nether no obligation to pay anyone for unoccupied lands every bit defined. It volition withdraw hold to pay the Chief for household unit of measurement lands to which he is individually entitled when taken. There may hold out other portions of the ground nether his command which he has validly allotted to strangers or perchance fifty-fifty to members of his ain clan or community. If he is properly deriving tribute or rent from these allotments, he volition withdraw hold to hold out compensated for the loss of it, together with if the allottees withdraw hold had valid titles conferred on them, they must also hold out compensated. Their Lordships uncertainty whether whatever actually definite distinction is connoted past times the aspect "stool lands." It likely agency picayune to a greater extent than than lands which the Chief holds inward his representative or constitutional capacity, every bit distinguished from ground which he together with his ain household unit of measurement handgrip individually. But inward whatever lawsuit the betoken makes picayune divergence for practical purposes. In the instance of 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 hold out compensated otherwise than inward his representative capacity nether the Ordinance of 1903. It is the members of his community who are inward usufructuary employment or inward an equivalent seat on whose behalf he is making the claim. The whole affair volition withdraw hold to hold out the dependent land 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
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