LEGAL PRINCIPLE: LAND LAW — Transfer of Title — Governor’s Consent Subsequent to Transaction Validates Transfer
PRINCIPLE STATEMENT
The transfer of ownership without prior Governor's approval did not make it void. Once the documents, Certificate of Occupancy, and sale agreement were taken to the Governor after the transaction for his subsequent approval, that is sufficient. The Governor's consent transferring the property rectified everything.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Mainagge v. Gwamma (2004) NLC-191998(SC) at p. 7; Paras A–B.
"The transfer of ownership by Alhaji Danladi to the appellant and from the appellant to the respondent without the prior approval of the Governor did not make it void. Once the said documents, C of O, sale agreement were taken to the Governor after the transaction for his subsequent approval that is enough and sufficient. The consent of the Governor transferring the property to the respondent in exhibit 3 rectified everything."
EXPLANATION / SCOPE
Subsequent Governor’s consent validates a land transfer, curing any prior lack of approval. The transfer is not void for lack of prior consent. The principle applies to land law under the Land Use Act. The rule prioritizes substance over procedural timing. Once consent is eventually obtained, the transaction is validated retroactively. The transfer cannot be challenged on the ground that consent was not obtained beforehand.
