The Fundamental Right to Own Private Property in Nigeria: Addressing Misconceptions About the Rights of Roman Catholic Priests to Own Property

Authors

  • Okeke Henry C Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria

Keywords:

Fundamental Rights, Property Right, Property Ownership, Catholic Priests, Canon Law, Constitution

Abstract

The constitutional right of Catholic priests to acquire and own private property has been misunderstood
and misinterpreted by individuals who lack an in-depth understanding of the 1999 Constitution of the
Federal Republic of Nigeria and the 1983 Code of Canon Law. The above-stated right is a fundamental
human right characterised by inalienability, meaning it cannot be transferred or unlawfully denied by any
authority. This paper aims to clarify these misconceptions in accordance with sections 43 and 44 of the
1999 Constitution and the provisions of the 1983 Code of Canon Law. It establishes that Catholic priests
have the inalienable right to acquire and own personal property like every Nigerian citizen. The researcher
adopts the doctrinal research methodology using sections 43 and 44 of the 1999 Constitution and the Code
of Canon Law as primary sources. It also addresses the misinterpretation of the evangelical counsel of
poverty, which does not apply to diocesan/secular priests who’s right to own private property is not
prohibited. The paper recommends vigorous advocacy and awareness campaigns to enlighten the public
on the constitutional and Canon Law provisions regarding the property rights of Catholic priests.

Author Biography

  • Okeke Henry C, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria

    Okeke Henry C., PhD, Department of International Law and Jurisprudence, Nnamdi Azikiwe University, Awka,
    Anambra State, Nigeria,

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Published

2024-08-31