LEGAL PRINCIPLE: LAND LAW — Governor’s Consent — Alienation of Land — Duty of Holder of Statutory Right of Occupancy
PRINCIPLE STATEMENT
It is the owner of a statutory certificate of occupancy that is obliged to obtain the consent of the Governor for sale, transfer, or mortgage under section 22 of the Land Use Act.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Owoniboys Tech. Services Ltd v. Union Bank of Nig. Ltd (2003) NLC-1681999(SC) at p. 16; Paras A–C.
"It is the owner of a statutory certificate of occupancy that is obliged to obtain the consent of the Governor of the State where the land in respect of which he wishes to sell, transfer or mortgage etc by virtue of S.22 of the Land Use Act, and the relevant provisions of the Land Tenure Law of Northern Nigeria."
EXPLANATION / SCOPE
The holder of a statutory right of occupancy must obtain Governor’s consent for alienation. The principle applies to land law. The rule is mandatory. The court will enforce compliance. The principle is well-established.
