Abandoned Property

• Pages: 6-11

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ABANDONED PROPERTY.

(1)ABANDONED PROPERTIES ACT CAP 1, LAWS OF THE FEDERATION OF

NIGERIA 1990.

Discriminatory nature of Abandoned Properties Act.

“It may be pertinent to say that the concept of Abandoned property and the consequential

enactment of statutes in some States in the South like the former South Eastern State (which later

after being carved out, becomes Cross Rivers State and Akwa Ibom State) and also in the Federal

Government, is an aberration and incomprehensible myopic policy conceived by people whose

pretensions could have done incalculable harm to the organic unit of this country seeing that the

civil war euphemistically described as Biafran war, was fought to keep Nigeria one. I fail to see

how those statutes that gave life to this hideous type of laws could have conceivably advanced the

cause of a united country. If anything, it could have led to its balkanization. The very ugly and

disquieting idea of abandoned property in this country was a frightening phenomenon, which

unwittingly gave the impression that we are no longer one country or one nation. It is difficult to

understand how this strange phenomenon unknown in our jurisprudence crept into our legal

system, and the Courts felt uncomfortable in applying its noxious provisions without raising

questions on the morality (even if they have to make an unsavory comment) and its not very

engaging connotations. I make bold to state that strict adherence by the law Courts to the Austinian

Theory of legal positivism was what brought about the 2nd World war where a villainous and

devilish dictator succeeded in emasculating the Courts and the people by spewing out laws that

had horrendous effects not only on the Germans but more particularly on the Jews. The two

expressions in section 3 of Edict No. 10 of 1970 which are germane in this matter are “remained

away” and “who fled”. Can it possibly be denied that if an owner of a house decides to live abroad

for a few years from his usual place of abode he has not “remained away” from his property. It

would be stretching the connotation of that expression too far to state that by such an action he has

manifested or evinced an intention not to returnto his property. Shall that be interpreted to mean

that he has abandoned his property.” – PerPats-Acholonu, J.S.C., in Ndoma-Egba v. Chukwuogor

Suit No. S.C. 106/1998; (2004) 6 N.W.L.R. (Pt. 869) 382 at 432 - 433.

(2) “I believe that any law that merely seeks to punish a certain class of people in a society is a law

that could destroy the whole fabric of a nation if such a law is not struck off the statute book. In

my view, the Deserted Property (Control and Management) Edict No. 10 of 1970 of South Eastern

State falls into that category. See also the Abandoned Property Act (Cap. 1) 1979, in the Laws of

the Federal Republic of Nigeria, 1990.” – PerPats-Acholonu, J.S.C., in Ndoma-Egba v.

Chukwuogor Suit No. S.C. 106/1998; (2004) 6 N.W.L.R. (Pt. 869) 382 at 434.

Import of the Abandoned Properties Act.

“This takes me to the Abandoned Properties Decree No. 90 of 1978, now Abandoned Properties

Act (Cap. 1) Vol. 1, Laws of the Federal Republic of Nigeria, 1990. It is an Act to make provisions

for the sale, registration and maintenance of abandoned properties by the Implementation

Committee set up for the purpose. Section 1 provides:”1(1) Every sale or disposition of abandoned

properties conducted by the Abandoned Properties Implementation Committee (hereafter in this

Act referred to as ‘the Committee’) set up by the Federal Government shall be deemed to have

been lawfully and properly made and any instrument issued by the Committee which purports to

convey any estate or interest in land, shall be deemed to have been validly issued andshall

haveeffect accordingto its tenor or intendment. 2.Any abandoned property sold pursuant to