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The land tenure system in Nigeria was revolutionized in 1978 with the promulgation of the Land Use Act (“LUA”). In accordance with the LUA, all land comprised within the territory of every state (besides land vested within the Federal Authorities or its businesses) are actually vested within the Governor of the State, who holds the identical in belief for the residents of the State.
By advantage of part 22 of the LUA, the alienation – by the holder of a statutory proper of occupancy granted – of his proper of occupancy by task, mortgage, switch of possession, sublease, and so forth. is prohibited with out the consent of the Governor (first had and obtained). It’s subsequently extremely vital to make sure that one obtains Governor’s consent as any transaction or any instrument which purports to confer on or vest in any individual any curiosity or proper over land with out Governor’s consent shall be null and void (part 26 LUA). In Savannah Financial institution v. Ajilo (1989) 1 NWLR (pt. 97), Justice Nnamani J.S.C. acknowledged that:
“Each holder of a proper of occupancy whether or not statutory or in any other case is considered having been granted the best by the Navy Governor or Native Authorities because the case could also be, for the aim and management of administration of all land comprised within the state. Accordingly, each such holder, whether or not below sections 5, 34 or 36 of the Land Use Act requires the prior consent of the Navy Governor earlier than he can switch, mortgage or in any other case eliminate his curiosity in the best of occupancy.”
As Governor’s are sometimes very busy with the enterprise of main the state, part 45 of the LUA permits a Governor to delegate to the State Commissioner all or any of the powers conferred on the Governor by the LUA together with the facility to grant consent. Issues, could nonetheless come up the place the official conveying or granting the consent has completed so below the delegation of the Governor. This downside sometimes happens the place the delegated State Commissioner doesn’t grant the consent however a decrease official within the ministry (Ag. Chief Lands Officer, Everlasting Secretary or Director of Lands) grants the consent. In U.B.N. Plc v. Ayodare & Sons (Nig.) Ltd. (2007) 13 NWLR (Pt. 1052), it was argued that the consent granted to the 2 deeds of authorized mortgage was inconsistent with the provisions of the LUA because it was not granted by the Governor or the State Commissioner however it was granted by the Ag Chief Lands Officer of Kwara State. In voiding the consent granted, the Court docket held that,
“Since one that signed was not the Governor’s delegate it will be unsuitable to imagine that the Signature of the Ag. Chief Lands Officer on exhibit D1 can’t be seen as being in substantial conformity with the signature of the Governor or his delegate, the Commissioner for Lands and Housing.”
In view of the foregoing determination of the Supreme Courts and a plethora of choices sharing the identical sentiment because the Supreme Court docket in U.B.N. Plc v. Ayodare & Sons (Nig.), it’s of vital significance that the place the approval for consent is to be granted to a mortgage (in reference to land lined by a statutory proper of occupancy), the Governor or his delegate ought to signal the letter granting consent.
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Source by Oyinkan Durosinmi-Etti