LAND LAW — Land Use Act — Governor’s Consent — Requirement for Validity of Alienation
Ratio Decidendi
Per Adekeye, JSC, in UBN Plc v. Astra Builders (W.A.) Ltd (2010) NLC-123-103-2003(SC) at p. 18, paras. B–E:
"Section 22(1) of the Land Use Act 1978 stipulates that — 'It shall not be lawful for the holder of a certificate of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage or sub transfer of possession, sub-lease or otherwise howsoever, without the consent of the Governor first had and obtained.' Section 26 states that — 'Any transaction or any instrument which purports to confer on or vest in any person any interest or right over land other than in accordance with the provisions of the Act shall be null and void.'"
Explanation / Scope
This principle establishes that under Sections 22(1) and 26 of the Land Use Act 1978, alienation of a right of occupancy without the Governor’s consent is unlawful and null and void. The principle applies to all alienations of land under the Act. It ensures that the Governor’s consent is obtained. The principle reflects the mandatory nature of the consent requirement. It prevents invalid alienations. The court must declare transactions without consent void. The principle provides guidance on the validity of land alienation.