LEGAL PRINCIPLE: CUSTOMARY LAW – Bini Customary Land Law – Oba’s Approval – Effect of Oba’s Approval Constitutes Complete Transfer of Legal Estate
PRINCIPLE STATEMENT
The Oba's approval is not merely an administrative acknowledgment of the respondent's vendor's title, but indeed, marks the complete transfer to the respondent's vendor of the legal estate in the land concerned.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Ojo v. Azama (2001) NLC-1221995(SC) at p. 12; Paras D–E.
"The Oba's approval is not merely an administrative acknowledgment of the respondent's vendor's title, but indeed, marks the complete transfer to the respondent's vendor of the legal estate in the land concerned."
EXPLANATION / SCOPE
Under Bini customary law, the Oba’s approval of a land grant is not merely administrative acknowledgment—it constitutes the complete transfer of the legal estate. The approval vests title in the grantee. Without the Oba’s approval, the grant may be incomplete. The Oba’s role is central to land transactions. The approval is the operative act transferring legal ownership. The principle gives effect to customary land tenure systems. The Oba’s authority is recognised as the source of valid title. The approval cannot be treated as a mere formality. The grantee obtains legal estate upon approval. The principle applies to grants of land subject to Oba’s jurisdiction. The approval is conclusive evidence of transfer.