into the section… any implied requirement that it should also be a belief which it was reasonable for the accused person to hold.”
Exceptions to the “Quic Quid” Rule
Of course, most rules have exceptions and the knowledge of the exception is vital to properly comprehend the rule. There are many exceptions to the quic quid rule. One of such exceptions is in the petroleum law. The crude under the land belong to the Federal Government. Thus, section 1(1) of the Petroleum Act of 1969, provides that the entire property, ownership and control of all minerals, including petroleum in, under or upon any land or water in Nigeria is vested in the Federal Government of Nigeria. Similarly, section 44(3) CFRN 1999 as amended specifically provides that 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 territorial waters and the 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.”
Other Acts creating exception to this common law definition include the Aviation Act, Solid Mineral Act, Exclusive Economic Zone Act, etc.
Basically, some of the exceptions to the quicquid rule include:
1. Contract: where Joy contracts with Mary to execute property on her land, and Mary has so acted accordingly, Joy cannot come around to insist on the “quic quid rule. By contract, she waives her common law right. In Unilife Development Co. Ltd v. Adeshigbin [2001] NWLR (Pt. 704) 609, the lease in issue was for a term of 50 years granted in 1961 with a rent review clause exercisable every 20 years. The lease was vacant land with a clause that the tenant should build on it, reserving three rooms for the