(j) relating to property vested in bodies corporate
directly established by any law in force in
Nigeria;
(k) relating to the temporary taking of possession
of property for the purpose of any examination,
investigation or enquiry;
(l) providing for the carrying out of work on land
for the purpose of soil-conservation; or
(m) subject to prompt payment of compensation
for damage to buildings, economic trees or
crops, providing for any authority or person to
enter, survey or dig any land, or to lay, install or
erect poles, cables, wires, pipes, or other
conductors or structures on any land, in order to
provide or maintain the supply or distribution of
energy, fuel, water, sewage, telecommunication
services or other public facilities or public
utilities.
(3) Notwithstanding the foregoing provisions of this section, the entire property in
and control of all minerals, mineral oils and natural gas in under or upon any land in
Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone
of Nigeria shall vest in the Government of the Federation and shall be managed in
such manner as may be prescribed by the National Assembly.
45. (1) Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is
reasonably justifiable in a democratic society
(a) in the interest of defence, public safety,
public order, public morality or public health; or
(b) for the purpose of protecting the rights and
freedom or other persons
(2) An act of the National Assembly shall not be invalidated by reason only that it
provides for the taking, during periods of emergency, of measures that derogate from
the provisions of section 33 or 35 of this Constitution; but no such measures shall be
taken in pursuance of any such act during any period of emergency save to the extent
that those measures are reasonably justifiable for the purpose of dealing with the
situation that exists during that period of emergency:
Provided that nothing in this section shall authorise any derogation from the
provisions of section 33 of this Constitution, except in respect of death resulting
from acts of war or authorise any derogation from the provisions of section 36(8) of
this Constitution.
(3) In this section, a " period of emergency" means any period during which there is
in force a Proclamation of a state of emergency declared by the President in exercise
of the powers conferred on him under section 305 of this Constitution.
46. (1) Any person who alleges that any of the provisions of this Chapter has been, is being or likely to
be contravened in any State in relation to him may apply to a High Court in that State for redress.
(2) Subject to the provisions of this Constitution, a High Court shall have original
jurisdiction to hear and determine any application made to it in pursuance of this
section and may make such orders, issue such writs and give such directions as it
may consider appropriate for the purpose of enforcement or securing the enforcing
within that State of any right to which the person who makes the application may be
entitled under this Chapter.
(3) The Chief Justice of Nigeria may make rules with respect to the practice and
procedure of a High Court for the purposes of this section.