Info For You Lot Primary Oluwa (Amadu Tijani): Slap-Up 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 firstly 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 groovy Gold Coast (Ghanaian) together with manful 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 direct elected,
*There should live a West Africa House of Assembly made upward of all the members of the Legislative Councils addition vi (6) fiscal representatives elected yesteryear the people to command revenue together with expenditure.
*Municipal Councils dominated yesteryear 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 run along to live inward the hands of the people, vii) H5N1 West African University should live established, viii) H5N1 Law making teaching compulsory live enacted together with that the criterion of primary together with secondary teaching 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 pressure level mounted yesteryear the Congress that the Colonial Administration introduced limited constitutional reforms. The regulation of elective representation was for the firstly 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 firstly practical endeavour 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 dry ground of Lagos to the British for free, Chief Oluwa argued consistently with the British that the colonial authorities had no ascendency 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 groovy Nigerian nationalist, Herbert Macaulay, who was so serving equally Oluwa`s secretarial assistant together with interpreter visited the Privy Council inward London to defend the Oba's correct of ownership to dry ground the colonial authorities had appropriated. The Council ruled inward their favour. This instance proved to live a landmark inward Nigerian history equally it recognised the Chiefs equally 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 regal 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 assault the interrogation of Indigenous dry ground right. The appeal was brought to the Privy Council yesteryear 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 yesteryear 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 dry 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 upward was tainted ab initio. The British officeholder negotiating the Treaty inward 1860 faced a serious revolt yesteryear other chiefs, who claimed that King Docemo did non absolute customary or legal ascendency over "all the lands inward Lagos," which he had supposedly ceded to the Queen of England. Even inward his capacity equally the paramount principal of Lagos, they contended, Docemo had neither "feudal authority" together with "seigniorial rights" over his chiefs, nor absolute correct over the dry ground held inward trust yesteryear 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 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 live paid to all persons with involvement inward the land. At the terminate of the protracted case, the PC ruled that, equally the trustee of his native community, Chief Oluwa was entitled to live compensated for the dry ground expropriated yesteryear the government. Whatever concession his forebears may have got made to the British Crown was was made nether the supposition that the belongings rights of the inhabitants were to live fully respected. The elementary 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 business of the dry ground together with using it, the ruling yesteryear the highest courtroom inward the Empire was significant. With this ruling, at that topographic point 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 groovy 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 grand 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 24-hour interval 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 equally to the basis for calculation of the compensation payable to the appellant, who claims for the taking yesteryear the Government of the Colony of Southern Nigeria of certainly dry ground for world purpose. There was a preliminary signal equally 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 forestall the practice which has been made of the Prerogative of the Crown to give exceptional acquire out to convey this appeal.
The Public Lands Ordinance of 1903 of the Colony provides that the Governor may accept whatsoever lands required for world purposes for an estate inward fee elementary or for a less estate, on paying compensation to live agreed on or determined yesteryear 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 yesteryear the Ordinance to sell. together with convey it. Where the dry ground required is the belongings of a native community, the Head Chief of the community may sell together with convey it inward fee simple, whatsoever native constabulary or custom to the contrary notwithstanding. There is to live no compensation for dry ground unoccupied unless it is proved that, for at to the lowest degree vi months during the 10 years preceding whatsoever notice, certainly 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 impairment done yesteryear severance. Prima facie, the persons inward possession, equally 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 whatsoever consideration or compensation is paid to a Head Chief inward honour of whatsoever land, the belongings of a native community, such consideration or compensation is to live distributed yesteryear him alongside the members of the community or applied or used for their do goodness inward such proportions together with mode equally the Native Council of the District inward which the dry ground is situated, determines with the sanction of the Governor.
The dry ground inward interrogation is at Apapa, on the mainland together with inside the Colony. The appellant is the Head Chief of the Oluwa menage unit of measurement or community, together with is i of the Idejos or landowning white cap chiefs of Lagos together with the dry ground is occupied yesteryear persons unopen to of whom pay rent or tribute to him. Apart from whatsoever menage unit of measurement or private dry 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 yesteryear custom over the tracts inside his Chieftaincy, including, equally 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 equally Head. But when inward the nowadays proceedings he claimed for the whole value of the dry ground inward question, equally existence dry ground which he was empowered yesteryear 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 dry 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 yesteryear 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 whatsoever independent correct to compensation, or whether the Crown was entitled to appropriate the dry ground without more.
The appellant, on the other hand, contended that, although his claim was, equally appears from the statement of his advocate, restricted to i inward a representative capacity, it extended to the total value of the menage unit of measurement properly together with community dry ground vested inward him equally 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 interrogation which their Lordships have got to create upward one's remove heed is which of these views is the truthful one. In fellowship to response the question, it is necessary to consider, inward the firstly house 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 upward nether English linguistic communication law. But this vogue has to live held inward depository fiscal establishment check closely. As a rule, inward the diverse systems of native jurisprudence throughout the Empire, at that topographic point is no such total partitioning betwixt belongings together with possession equally English linguistic communication lawyers are familiar with. H5N1 rattling commons cast 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 yesteryear 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 sort inward connection with the Indian championship to reserve lands inward Canada. But the Indian championship inward Canada affords yesteryear no agency the only instance of the necessity for getting rid of the supposition that the ownership of dry ground naturally breaks itself upward into estates, conceived equally creatures of inherent legal principle. Even where an estate inward fee is definitely recognised equally the most comprehensive estate inward dry 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 belongings that cannot live carve upward up. In Republic of Republic of India much the same regulation applies. The partitioning of the fee into successive together with independent incorporeal rights of belongings conceived equally existing separately from the possession, is unknown. In India, equally inward Southern Nigeria, at that topographic point is yet unopen to other characteristic of the telephone substitution nature of the championship to dry ground which must live borne inward mind. The title, such equally it is may non live that of the individual, equally inward this province it nearly e'er is inward unopen to 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 equally members yesteryear assignment inter vivos or yesteryear succession. To ascertain how far this latter evolution of correct has progressed involves the study of the history of the detail community together with its usages inward each case. Abstract principles fashioned a priori are of but picayune assistance, together with are equally oftentimes equally 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 termination of cession to the British Crown yesteryear one-time potentates, the radical championship is forthwith inward the British Sovereign. But that championship is throughout qualified yesteryear the usufructuary rights of communities, rights which, equally the outcome of deliberate policy, have got been respected together with recognised. Even when mechanism has been established for defining equally far equally is possible the rights of individuals yesteryear introducing Crown grants equally 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 graphic symbol of the tenure of the dry ground alongside the native communities is described yesteryear 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 remember is substantially borne out yesteryear the preponderance of authority.
" The adjacent fact which it is of import to acquit inward remove heed inward fellowship to empathize the native dry 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, menage 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 spoken language is sometimes called the owner. He is to unopen to extent inward the seat of a trustee, together with equally such holds the dry ground for the usage of the community or family. He has command of it, together with whatsoever fellow member who wants a slice of it to cultivate or create a theater upon, goes to him for it. But the dry ground so given nonetheless remains the belongings of the community or family. He cannot brand whatsoever of import disposition of the dry ground without consulting the elders of the community or family, together with their consent must inward all cases live given earlier a grant tin can live made to a stranger. This is a pure native custom along the whole length of this coast, together with wherever nosotros find, equally inward Lagos, private owners, this is i time again due to the introduction of English linguistic communication ideas. But the native thought nonetheless has a theater handgrip on the people, together with inward most cases, fifty-fifty inward Lagos, dry ground is held yesteryear the family. This is so fifty-fifty inward cases of dry ground purporting to live held nether Crown grants together with English linguistic communication conveyances. The master grantee may have got held equally an private owner, but on his expiry all his menage unit of measurement claim an interest, which is e'er recognised, together with thus the dry ground becomes i time again menage unit of measurement land. My sense inward Lagos leads me to the conclusion that except where dry ground has been bought yesteryear the nowadays possessor at that topographic point are rattling 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 course of study of the statement at the Bar, has led their Lordships to the conclusion that the watch expressed yesteryear Chief Justice Rayner inward the linguistic communication precisely 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," equally 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 yesteryear paragraphs 25 together with 26, which supply 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 yesteryear a Chief called Olofin. He had parcelled out the isle together with component of the adjoining mainland alongside unopen to xvi subordinate Chiefs, called" Whitecap" inward recognition of their domination over the portions parcelled out to them. About 1790 Lagos was successfully invaded yesteryear the neighbouring Benins. They did non rest inward occupation, but left a representative equally ruler whose championship was the " Eleko." The successive Elekos inward the terminate 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 picayune 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 menstruation Lagos had acquire a centre of the slave trade, together with this merchandise centre the British Government determined to suppress. H5N1 Protectorate was at firstly established, together with a picayune later it was decided to accept possession of the island. The so Rex was named Docemo. In 1861 he made a Treaty of Cession yesteryear 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 component of the Gold Coast. In 1886 Lagos was i time again made a separate Colony, together with finally, inward 1906, it became component of the Colony of Southern Nigeria.
In 1862 a debate took house inward the House of Commons which is instructive equally showing the interpretation yesteryear the British Government of the ground 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 dry 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 annunciation of policy to the House of Commons yesteryear the Under Secretary for Foreign Affairs, together with the contemporary despatches together with records confirms it together with signal to its having been carried out. The Chiefs were stated, inward a despatch from the so Consul, to have got been satisfied that the cession would homecoming their private belongings to a greater extent than valuable to them. No doubtfulness at that topographic point 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 ground that the rights of belongings 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 equally having related primarily to sovereign rights only. What has been stated appears to have got been the watch taken yesteryear 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 whatsoever proprietary rights they were rights which the ceding Rex possessed beneficially together with costless from the usufructuary qualification of his championship inward favour of his subjects.
In the lite afforded yesteryear the narrative, it is non admissible to conclude that the Crown is, by together with large speaking, entitled to the beneficial ownership of the dry ground equally having so p'assed to the Crown equally to terminate whatsoever presumptive championship of the natives. In the instance of Oduntan Onisiwo v. The Attorney_General of Southern Nigeria (2 N.L.R. 77), decided yesteryear the Supreme Court of the Colony inward 1912, Chief Justice Osborne set downwardly equally regards the outcome of the Cession of 1861, that he was of watch that" the ownership rights of private landowners, including the families of the Idejos, were left exclusively unimpaired, together with equally freely exercisable after the Cession equally before." In this watch their Lordships concur. H5N1 mere alter inward sovereignty is non to live presumed equally 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 later must live regarded equally having been brought well-nigh mainly, if non exclusively, for conveyancing purposes, together with non with a watch to altering noun championship already existing. No doubtfulness questions of difficulty may arise inward private instances equally to the outcome inward constabulary of the damage of detail documents. But when the wide interrogation is raised equally to what is meant yesteryear the provision inward the Public Lands Ordinance of 1903, that where the lands to live taken are the belongings of a native community, the Head Chief may sell together with convey it, the response 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 equally 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 equally representing non only his ain but the other interests affected.
Their Lordships forthwith plough to the judgments of Chief Justice Speed inward the 2 Courts below. The reasons given inward these judgments were inward outcome adopted yesteryear the Full Court, together with they are conveniently stated inward what was said yesteryear the Chief Justice himself, inward the Court of First Instance. He defined the interrogation raised to live " whether the Oluwa has whatsoever rights over or championship to the dry ground inward interrogation for which compensation is payable together with if so upon what basis such compensation should live 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 with the well-known principles of native constabulary together with custom, including the correct to have payment of the nominal rent or tribute payable yesteryear the occupiers, together with that compensation should live calculated on that basis together with non on the basis of absolute ownership. " The reasons given yesteryear the Chief Justice Speed for coming to this conclusion were equally follows: According to the Republic of Benin constabulary the King is the sovereign possessor of the land, together with equally the territory was conquered yesteryear the Benins it follows that during the conquest the King of Republic of Benin was the existent owner, the command exercised yesteryear the Chiefs nether his " Eleko " or representative existence exercised equally component of the mechanism of authorities together with non inward virtue of ownership. It mightiness live that for a considerable menstruation 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 menstruation at that topographic point had been a vogue on the component 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 outcome of the Cession of 1861 was that, fifty-fifty according to the so strict native law, all the rights over the land, including sovereign ownership, passed to the British Crown. He finds that what was recognised yesteryear the British Government was simply the championship of the Chiefs to practice a sort of command over considerable tracts of land, including the correct to allot such lands to members of their menage unit of measurement together with others for the purposes of cultivation, together with to have a nominal rent or tribute equally 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 topographic point were certainly Crown grants which look to have got ignored it. There was thus no championship to absolute ownership inward the Chiefs, and, so far equally the judgment inward the Onisiwo instance (already referred to), was inconsistent with this view, it was based on a confusion betwixt menage unit of measurement together with Chieftaincy property. It was truthful that inward yet unopen to 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 live regarded equally authoritative.
Their Lordships remember 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 dry ground occupied yesteryear a native community. That title, equally they have got pointed out, is prima jacie based, non on such private ownership equally English linguistic communication constabulary has made familiar, but on a communal usufructuary occupation, which may live so consummate equally to trim back whatsoever radical correct inward the Sovereign to i which only extends to comparatively limited rights of administrative interference. In their watch at that topographic point is no evidence that this sort 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 live construe4 equally extinguishing acre of study rights. The master native correct was a communal right, together with it must live presumed to have got continued to be unless the contrary is established yesteryear the context or circumstances. There is, inward their Lordships' opinion, no evidence which points to is having been at whatsoever fourth dimension seriously disturbed or fifty-fifty questioned. Under these weather condition they are unable to accept the watch adopted yesteryear the Chief Justice together with the Full Court.
Nor do their Lordships remember that at that topographic point has been made out whatsoever 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 equally defined. It volition have got to pay the Chief for menage unit of measurement lands to which he is individually entitled when taken. There may live other portions of the dry ground nether his command which he has validly allotted to strangers or mayhap 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 whatsoever actually definite distinction is connoted yesteryear the aspect "stool lands." It belike agency picayune to a greater extent than than lands which the Chief holds inward his representative or constitutional capacity, equally distinguished from dry ground which he together with his ain menage unit of measurement handgrip individually. But inward whatsoever trial the signal makes picayune deviation for practical purposes. In the instance of dry ground belonging to the community, but equally 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 business or inward an equivalent seat on whose behalf he is making the claim. The whole thing volition have got to live the acre 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 propose 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 ground that he is transferring to the Governor the dry ground inward interrogation inward total ownership, excepting inward so far equally such dry 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 yesteryear the appellant equally its Head Chief inward such proportions together with inward such mode equally such Council, with the sanction of the Governor, may determine. The instance volition run dorsum to the Supreme Court of Nigeria (Southern Provinces) to secure that outcome 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 whatsoever trial to such costs of the master hearing equally have got been occasioned yesteryear the interrogation raised yesteryear the respondent equally to hi_ title. The other costs volition live dealt with yesteryear 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 direct elected,
*There should live a West Africa House of Assembly made upward of all the members of the Legislative Councils addition vi (6) fiscal representatives elected yesteryear the people to command revenue together with expenditure.
*Municipal Councils dominated yesteryear 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 run along to live inward the hands of the people, vii) H5N1 West African University should live established, viii) H5N1 Law making teaching compulsory live enacted together with that the criterion of primary together with secondary teaching 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 pressure level mounted yesteryear the Congress that the Colonial Administration introduced limited constitutional reforms. The regulation of elective representation was for the firstly 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 firstly practical endeavour 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 dry ground of Lagos to the British for free, Chief Oluwa argued consistently with the British that the colonial authorities had no ascendency 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 groovy Nigerian nationalist, Herbert Macaulay, who was so serving equally Oluwa`s secretarial assistant together with interpreter visited the Privy Council inward London to defend the Oba's correct of ownership to dry ground the colonial authorities had appropriated. The Council ruled inward their favour. This instance proved to live a landmark inward Nigerian history equally it recognised the Chiefs equally 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 regal 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 assault the interrogation of Indigenous dry ground right. The appeal was brought to the Privy Council yesteryear 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 yesteryear 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 dry 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 live paid to all persons with involvement inward the land. At the terminate of the protracted case, the PC ruled that, equally the trustee of his native community, Chief Oluwa was entitled to live compensated for the dry ground expropriated yesteryear the government. Whatever concession his forebears may have got made to the British Crown was was made nether the supposition that the belongings rights of the inhabitants were to live fully respected. The elementary 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 business of the dry ground together with using it, the ruling yesteryear the highest courtroom inward the Empire was significant. With this ruling, at that topographic point 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 groovy 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 grand 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 24-hour interval 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 equally to the basis for calculation of the compensation payable to the appellant, who claims for the taking yesteryear the Government of the Colony of Southern Nigeria of certainly dry ground for world purpose. There was a preliminary signal equally 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 forestall the practice which has been made of the Prerogative of the Crown to give exceptional acquire out to convey this appeal.
The Public Lands Ordinance of 1903 of the Colony provides that the Governor may accept whatsoever lands required for world purposes for an estate inward fee elementary or for a less estate, on paying compensation to live agreed on or determined yesteryear 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 yesteryear the Ordinance to sell. together with convey it. Where the dry ground required is the belongings of a native community, the Head Chief of the community may sell together with convey it inward fee simple, whatsoever native constabulary or custom to the contrary notwithstanding. There is to live no compensation for dry ground unoccupied unless it is proved that, for at to the lowest degree vi months during the 10 years preceding whatsoever notice, certainly 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 impairment done yesteryear severance. Prima facie, the persons inward possession, equally 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 whatsoever consideration or compensation is paid to a Head Chief inward honour of whatsoever land, the belongings of a native community, such consideration or compensation is to live distributed yesteryear him alongside the members of the community or applied or used for their do goodness inward such proportions together with mode equally the Native Council of the District inward which the dry ground is situated, determines with the sanction of the Governor.
The dry ground inward interrogation is at Apapa, on the mainland together with inside the Colony. The appellant is the Head Chief of the Oluwa menage unit of measurement or community, together with is i of the Idejos or landowning white cap chiefs of Lagos together with the dry ground is occupied yesteryear persons unopen to of whom pay rent or tribute to him. Apart from whatsoever menage unit of measurement or private dry 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 yesteryear custom over the tracts inside his Chieftaincy, including, equally 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 equally Head. But when inward the nowadays proceedings he claimed for the whole value of the dry ground inward question, equally existence dry ground which he was empowered yesteryear 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 dry 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 yesteryear 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 whatsoever independent correct to compensation, or whether the Crown was entitled to appropriate the dry ground without more.
The appellant, on the other hand, contended that, although his claim was, equally appears from the statement of his advocate, restricted to i inward a representative capacity, it extended to the total value of the menage unit of measurement properly together with community dry ground vested inward him equally 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 interrogation which their Lordships have got to create upward one's remove heed is which of these views is the truthful one. In fellowship to response the question, it is necessary to consider, inward the firstly house 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 upward nether English linguistic communication law. But this vogue has to live held inward depository fiscal establishment check closely. As a rule, inward the diverse systems of native jurisprudence throughout the Empire, at that topographic point is no such total partitioning betwixt belongings together with possession equally English linguistic communication lawyers are familiar with. H5N1 rattling commons cast 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 yesteryear 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 sort inward connection with the Indian championship to reserve lands inward Canada. But the Indian championship inward Canada affords yesteryear no agency the only instance of the necessity for getting rid of the supposition that the ownership of dry ground naturally breaks itself upward into estates, conceived equally creatures of inherent legal principle. Even where an estate inward fee is definitely recognised equally the most comprehensive estate inward dry 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 belongings that cannot live carve upward up. In Republic of Republic of India much the same regulation applies. The partitioning of the fee into successive together with independent incorporeal rights of belongings conceived equally existing separately from the possession, is unknown. In India, equally inward Southern Nigeria, at that topographic point is yet unopen to other characteristic of the telephone substitution nature of the championship to dry ground which must live borne inward mind. The title, such equally it is may non live that of the individual, equally inward this province it nearly e'er is inward unopen to 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 equally members yesteryear assignment inter vivos or yesteryear succession. To ascertain how far this latter evolution of correct has progressed involves the study of the history of the detail community together with its usages inward each case. Abstract principles fashioned a priori are of but picayune assistance, together with are equally oftentimes equally 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 termination of cession to the British Crown yesteryear one-time potentates, the radical championship is forthwith inward the British Sovereign. But that championship is throughout qualified yesteryear the usufructuary rights of communities, rights which, equally the outcome of deliberate policy, have got been respected together with recognised. Even when mechanism has been established for defining equally far equally is possible the rights of individuals yesteryear introducing Crown grants equally 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 graphic symbol of the tenure of the dry ground alongside the native communities is described yesteryear 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 remember is substantially borne out yesteryear the preponderance of authority.
" The adjacent fact which it is of import to acquit inward remove heed inward fellowship to empathize the native dry 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, menage 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 spoken language is sometimes called the owner. He is to unopen to extent inward the seat of a trustee, together with equally such holds the dry ground for the usage of the community or family. He has command of it, together with whatsoever fellow member who wants a slice of it to cultivate or create a theater upon, goes to him for it. But the dry ground so given nonetheless remains the belongings of the community or family. He cannot brand whatsoever of import disposition of the dry ground without consulting the elders of the community or family, together with their consent must inward all cases live given earlier a grant tin can live made to a stranger. This is a pure native custom along the whole length of this coast, together with wherever nosotros find, equally inward Lagos, private owners, this is i time again due to the introduction of English linguistic communication ideas. But the native thought nonetheless has a theater handgrip on the people, together with inward most cases, fifty-fifty inward Lagos, dry ground is held yesteryear the family. This is so fifty-fifty inward cases of dry ground purporting to live held nether Crown grants together with English linguistic communication conveyances. The master grantee may have got held equally an private owner, but on his expiry all his menage unit of measurement claim an interest, which is e'er recognised, together with thus the dry ground becomes i time again menage unit of measurement land. My sense inward Lagos leads me to the conclusion that except where dry ground has been bought yesteryear the nowadays possessor at that topographic point are rattling 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 course of study of the statement at the Bar, has led their Lordships to the conclusion that the watch expressed yesteryear Chief Justice Rayner inward the linguistic communication precisely 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," equally 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 yesteryear paragraphs 25 together with 26, which supply 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 yesteryear a Chief called Olofin. He had parcelled out the isle together with component of the adjoining mainland alongside unopen to xvi subordinate Chiefs, called" Whitecap" inward recognition of their domination over the portions parcelled out to them. About 1790 Lagos was successfully invaded yesteryear the neighbouring Benins. They did non rest inward occupation, but left a representative equally ruler whose championship was the " Eleko." The successive Elekos inward the terminate 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 picayune 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 menstruation Lagos had acquire a centre of the slave trade, together with this merchandise centre the British Government determined to suppress. H5N1 Protectorate was at firstly established, together with a picayune later it was decided to accept possession of the island. The so Rex was named Docemo. In 1861 he made a Treaty of Cession yesteryear 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 component of the Gold Coast. In 1886 Lagos was i time again made a separate Colony, together with finally, inward 1906, it became component of the Colony of Southern Nigeria.
In 1862 a debate took house inward the House of Commons which is instructive equally showing the interpretation yesteryear the British Government of the ground 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 dry 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 annunciation of policy to the House of Commons yesteryear the Under Secretary for Foreign Affairs, together with the contemporary despatches together with records confirms it together with signal to its having been carried out. The Chiefs were stated, inward a despatch from the so Consul, to have got been satisfied that the cession would homecoming their private belongings to a greater extent than valuable to them. No doubtfulness at that topographic point 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 ground that the rights of belongings 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 equally having related primarily to sovereign rights only. What has been stated appears to have got been the watch taken yesteryear 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 whatsoever proprietary rights they were rights which the ceding Rex possessed beneficially together with costless from the usufructuary qualification of his championship inward favour of his subjects.
In the lite afforded yesteryear the narrative, it is non admissible to conclude that the Crown is, by together with large speaking, entitled to the beneficial ownership of the dry ground equally having so p'assed to the Crown equally to terminate whatsoever presumptive championship of the natives. In the instance of Oduntan Onisiwo v. The Attorney_General of Southern Nigeria (2 N.L.R. 77), decided yesteryear the Supreme Court of the Colony inward 1912, Chief Justice Osborne set downwardly equally regards the outcome of the Cession of 1861, that he was of watch that" the ownership rights of private landowners, including the families of the Idejos, were left exclusively unimpaired, together with equally freely exercisable after the Cession equally before." In this watch their Lordships concur. H5N1 mere alter inward sovereignty is non to live presumed equally 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 later must live regarded equally having been brought well-nigh mainly, if non exclusively, for conveyancing purposes, together with non with a watch to altering noun championship already existing. No doubtfulness questions of difficulty may arise inward private instances equally to the outcome inward constabulary of the damage of detail documents. But when the wide interrogation is raised equally to what is meant yesteryear the provision inward the Public Lands Ordinance of 1903, that where the lands to live taken are the belongings of a native community, the Head Chief may sell together with convey it, the response 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 equally 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 equally representing non only his ain but the other interests affected.
Their Lordships forthwith plough to the judgments of Chief Justice Speed inward the 2 Courts below. The reasons given inward these judgments were inward outcome adopted yesteryear the Full Court, together with they are conveniently stated inward what was said yesteryear the Chief Justice himself, inward the Court of First Instance. He defined the interrogation raised to live " whether the Oluwa has whatsoever rights over or championship to the dry ground inward interrogation for which compensation is payable together with if so upon what basis such compensation should live 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 with the well-known principles of native constabulary together with custom, including the correct to have payment of the nominal rent or tribute payable yesteryear the occupiers, together with that compensation should live calculated on that basis together with non on the basis of absolute ownership. " The reasons given yesteryear the Chief Justice Speed for coming to this conclusion were equally follows: According to the Republic of Benin constabulary the King is the sovereign possessor of the land, together with equally the territory was conquered yesteryear the Benins it follows that during the conquest the King of Republic of Benin was the existent owner, the command exercised yesteryear the Chiefs nether his " Eleko " or representative existence exercised equally component of the mechanism of authorities together with non inward virtue of ownership. It mightiness live that for a considerable menstruation 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 menstruation at that topographic point had been a vogue on the component 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 outcome of the Cession of 1861 was that, fifty-fifty according to the so strict native law, all the rights over the land, including sovereign ownership, passed to the British Crown. He finds that what was recognised yesteryear the British Government was simply the championship of the Chiefs to practice a sort of command over considerable tracts of land, including the correct to allot such lands to members of their menage unit of measurement together with others for the purposes of cultivation, together with to have a nominal rent or tribute equally 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 topographic point were certainly Crown grants which look to have got ignored it. There was thus no championship to absolute ownership inward the Chiefs, and, so far equally the judgment inward the Onisiwo instance (already referred to), was inconsistent with this view, it was based on a confusion betwixt menage unit of measurement together with Chieftaincy property. It was truthful that inward yet unopen to 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 live regarded equally authoritative.
Their Lordships remember 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 dry ground occupied yesteryear a native community. That title, equally they have got pointed out, is prima jacie based, non on such private ownership equally English linguistic communication constabulary has made familiar, but on a communal usufructuary occupation, which may live so consummate equally to trim back whatsoever radical correct inward the Sovereign to i which only extends to comparatively limited rights of administrative interference. In their watch at that topographic point is no evidence that this sort 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 live construe4 equally extinguishing acre of study rights. The master native correct was a communal right, together with it must live presumed to have got continued to be unless the contrary is established yesteryear the context or circumstances. There is, inward their Lordships' opinion, no evidence which points to is having been at whatsoever fourth dimension seriously disturbed or fifty-fifty questioned. Under these weather condition they are unable to accept the watch adopted yesteryear the Chief Justice together with the Full Court.
Nor do their Lordships remember that at that topographic point has been made out whatsoever 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 equally defined. It volition have got to pay the Chief for menage unit of measurement lands to which he is individually entitled when taken. There may live other portions of the dry ground nether his command which he has validly allotted to strangers or mayhap 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 whatsoever actually definite distinction is connoted yesteryear the aspect "stool lands." It belike agency picayune to a greater extent than than lands which the Chief holds inward his representative or constitutional capacity, equally distinguished from dry ground which he together with his ain menage unit of measurement handgrip individually. But inward whatsoever trial the signal makes picayune deviation for practical purposes. In the instance of dry ground belonging to the community, but equally 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 business or inward an equivalent seat on whose behalf he is making the claim. The whole thing volition have got to live the acre 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
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