LEGAL PRINCIPLE: LAND LAW – Land Use Act, 1978 – Consent of Governor – Applicability to Transfers Concluded Before Act
PRINCIPLE STATEMENT
The requirement of the Governor's consent under the Land Use Act, 1978 does not apply to transfers of title concluded and registered before the Act came into force on 29 March 1978.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Onagoruwa v. Akinremi & Ors (2001) NLC-1911997(SC) at p. 7; Paras A–C.
"It is true that any transfer of title derived even under the Registration of Titles Law must receive the consent of the Governor from the day the Land Use Act, 1978 came into force in order to make the transfer or alienation valid. That is what ss.22 and 26 of the Land Use Act stipulate. See Savannah Bank (Nig.) Ltd. v. Ajilo (1989) 1 NWLR (Pt.97) 305; Awojugbagbe Light Industries Ltd. v. Chinukwe (1995) 4 NWLR (Pt.390) 379; International Textile Industries Ltd. v. Aderemi (1999) 8 NWLR (Pt.614) 268. But the transfer of plots 89, 91 and 93 in question in this case to the appellant by Oyenuyi Arolabu Oyesanya was concluded before the Land Use Act came into force on 29 March, 1978. Exhibit C which is the transfer instrument shows that it took place on 15 March, 1978 while Exhibit C1 shows that the document was already in the Land Registry on 28 March, 1978. That disposes of the argument on the Land Use Act."
EXPLANATION / SCOPE
Under sections 22 and 26 of the Land Use Act, 1978, any transfer of registered title after the Act came into force (29 March 1978) requires the Governor’s consent to be valid. However, transfers concluded before that date are exempt. If the transfer instrument was executed and presented for registration before 29 March 1978, the Land Use Act does not apply. The Act operates prospectively only. The principle protects pre-Act transactions from being invalidated by subsequent legislation. The date of execution and presentation to the Land Registry determines applicability. The Governor’s consent is not required for transfers completed before the Act’s commencement. The Act does not have retrospective effect on vested rights.