Trespass to Land: A Case Study of Mary Odili's Home Invasion

Abstract

The issue of trespass to land is an essential topic under the law of tort. The law of trespass tends to safeguard a person's right to the use of his property, specifically regarding the enjoyment of the land. Over the years, this tortuous act has been controversial in so many ways, which can be attributed to several things. However, the position of the law is germane because trespass to land is actionable per se, which means if a person's land is entered into intentionally without any lawful explanation or reason, the action shall be considered a trespass. This paper aims to shed light on the concept of trespass as it relates to the case of A Supreme Court of Nigeria serving a Judge (Honorable Justice Mary Odili) home that was invaded by armed security operatives. The research method adopted for the study is doctrinal, which involves detailed analysis of the law and used to explore the concept of trespass to property. The paper concluded on the basis that the invasion was wrongly conducted and that it constitutes a complete breach of the law of trespass. It further provided recommendations on how the issue of trespass can be handled, the independence of the third tier of government, the Judiciary, and eradicating the abuse of power.