LEGAL PRINCIPLE: CUSTOMARY LAW – Proof of Title under Bini Customary Law – Approval by Oba on Recommendation Is Mandatory
PRINCIPLE STATEMENT
Under Bini customary law, to acquire a legal estate in communal land, the applicant must show that his application was recommended to the Oba for approval by the appropriate Ward Plot Allotment Committee, and the Oba endorsed his approval on the application.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Udih v. Idemudia (1998) NLC-1951991(SC) at p. 7; Paras D–E.
"It is an essential requirement of Bini Customary Law for a person to acquire a legal estate in any given Bini communal land, he must show that his application was recommended to the Oba for approval by the appropriate Ward Plot Allotment Committee having jurisdiction over the area in which the land is situate and such acquisition or transfer is effected on the endorsement by the Oba, of his approval on the purchaser's application duly recommended by the appropriate Plot Allotment Committee."
EXPLANATION / SCOPE
Under Bini customary law, the Oba’s approval is mandatory for land transactions. The applicant must follow the prescribed procedure. The principle applies to all acquisitions of communal land. The court will not recognise a transaction without proper approval. The rule protects the communal land tenure system. The party claiming title must prove compliance. The absence of approval renders the transaction void. The principle is specific to Bini customary law. The court will examine evidence of the recommendation and endorsement. The rule promotes orderly land administration.