LEGAL PRINCIPLE: LAND LAW — State Lands — Sale of State Land as Fee Simple — Requirement of Statutory Authorisation
PRINCIPLE STATEMENT
State lands held in trust for public purposes cannot be sold as fee simple absolute without express statutory authorisation. Without such authorisation, the purported sale is invalid.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC (quoting Nnaemeka-Agu, JSC in Gregory Ude v. Clement Nwara & Anor.), in Nangibo v. Okafor & Ors (2003) NLC-1391999(SC) at pp. 23–24; Paras A–D.
"State lands in Nigeria invariably originate from compulsory acquisition of such lands from individuals or communities for public purposes. Such lands are held in trust by the acquiring government for use for the public purpose for which the land was acquired... It is a necessary implication of the rule of law that excepting where the law gives a discretion to a public functionary he can only act in accordance with law, as to do otherwise may enthrone arbitrariness. I am of the clear view that the 2nd respondent required express authorisation from a statute before they could have sold any State land as fee simple absolute in possession to the 1st respondent. As there was no such authorization, the purported sale... is invalid."
EXPLANATION / SCOPE
Sale of State land requires statutory authorisation. The principle applies to land law. The government cannot alienate trust property arbitrarily. The rule protects public interest. The sale without authorisation is invalid. The principle is well-established.