Analytical Study of the Constitutional Right to Property and Investment Protection Under the Nigerian Investment Promotion Commission Act

The constitutional right to property under Section 44 of the 1999 Constitution of Nigeria, which prohibits compulsory acquisition of property without prompt payment of fair compensation and provides access to courts for challenging acquisition, intersects with Nigeria's investment promotion framework under the Nigerian Investment Promotion Commission Act 2004. Foreign and domestic investors have increasingly invoked both the constitutional property protection provisions and the NIPC Act's guarantees against nationalisation and expropriation in disputes with government agencies. This study analytically examines the constitutional right to property in the context of investment protection under the NIPC Act, evaluating the adequacy of constitutional and statutory protections for investors against state expropriation and arbitrary regulatory interference. A doctrinal methodology is applied, reviewing Section 44 of the 1999 Constitution, the NIPC Act, the National Office for Technology Acquisition and Promotion Act, selected Federal High Court decisions on investor property rights disputes from 2015 to 2023, and comparative analysis of investor-state expropriation jurisprudence. The study evaluates the definition of indirect expropriation, the standard of compensation, and the procedural adequacy of the investor protection framework. Available investment law literature from Nigeria identifies uncertainty about the indirect expropriation standard and inadequate compensation remedies as the most analytically significant investor protection gaps. The Takings Doctrine and the Minimum Standard of Treatment in International Investment Law provide the analytical reference. Findings support an investment protection statutory reform. Keywords: right to property, investment protection, expropriation, NIPC Act, Nigeria.