LEGAL PRINCIPLE: LAND LAW – Land Use Act, Consent to Alienation and Validity of Mortgage Deed – Inchoate Nature of Transactions Without Governor’s Consent Under Section 22 Land Use Act
PRINCIPLE STATEMENT
Section 22(1) of the Land Use Act prohibits alienation of a statutory right of occupancy without the Governor's consent. A transaction without such consent is inchoate; no interest in land passes until consent is obtained.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Awojugbagbe Light Industries Limited v. Chinukwe & Anor (1995) NLC-2431992(SC) at pp. 80–81, 85–86; Paras C–A, C–B.
"Section 22(1) of the Land Use Act prohibits the holder of a statutory right of occupancy from alienating his right of occupancy ... without the consent of the Governor first had and obtained. Section 22(2) of the Act recognises cases where some form of written agreement or instrument executed in evidence of the relevant transaction is submitted to the Governor in order that the necessary consent under section 22(1) may be signified by endorsement thereon. ... The legal consequence that arises in such a situation is that no interest in land passes under the agreement until the necessary consent is obtained. Such an agreement so executed becomes inchoate until the consent of the Governor is obtained after which it can be said to be complete and fully effective."
EXPLANATION / SCOPE
Under the Land Use Act, alienation without the Governor’s consent is ineffective. The transaction is inchoate—it does not pass any interest until consent is obtained. The principle applies to mortgages, leases, and sales. The consent must be obtained before any interest passes. The rule protects the public interest in land administration. The transaction may be ratified by subsequent consent. The court will not enforce an unconsented transaction. The burden is on the party claiming title to prove consent. The principle is mandatory and not subject to waiver. The rule prevents unauthorised alienation of land.