By
Kingsley Odoabuchi
I have seen people talk about the peaceful protest and petitions in Ikem Asokwa yesterday.They were challenging and asking if the community have right to tell the government what to do with the community land mapped out years ago for the sole purpose of hosting of the local government headquarters and public projects.
Yes, in the true sense of logic, law, and civic responsibility, a community absolutely has the right to protest,petition a local government chairman,even over land that was mapped out to the government years ago.
On this following reasons...
If:
1. The land was originally mapped out for public/community development.
2. The current or proposed use (e.g., selling to private individuals for home estates) violates or deviates from that original purpose.
Legal and Civic Grounds in Nigeria
1. Doctrine of Public Trust
Even if land was mapped out to a local government, government officials are trustees,they hold and manage land on behalf of the people. If that land is being sold for a purpose not aligned with public interest, especially without community consultation, it's a breach of trust.
2. Customary Law and Communal Rights
Many lands in Nigeria (especially in rural areas) still fall under customary law, where community interest continues even after donation, particularly if the mapped out land had a conditional purpose.Example "for building the council headquarters" or "for public good."
If the original mapped out land was not an outright sale, but a conditional grant (even informally), the community retains moral and customary oversight.
Nigerian courts have on multiple occasions recognized such customary interests when abused.
3. Right to Petition
Under the Nigerian Constitution (1999), citizens and communities have the right to:
Freedom of expression (Section 39)
Right to peaceful assembly and association (Section 40)
Right to petition government at any level
This means our community can formally challenge or query the chairman’s decision, especially where public interest is being compromised.
What could warrant a protest or Petition
No public consultation before land use change
Selling public land to private individuals for personal gain
Lack of transparency or community involvement
Violation of intended purpose of the mapped out land.
Yes,our community has the right legally, morally, and democratically to petition against the chairman's actions. The land may be in the government’s care, but its use must reflect the public interest, especially when it was mapped out specifically for public development.
If that trust is violated, our community is within its rights to demand accountability, transparency, and proper use of its ancestral land.
Odoabuchi Kingsley Chukwudi
(OKC)
National Youth Chairman Ikem Uno Youths Home And Abroad.
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