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 does not make it void. Once the documents are taken to the Governor after the transaction for subsequent approval, that is sufficient. The Governor's consent rectifies 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 transfer. The principle applies to land law. Prior consent is not mandatory for validity. The rule prevents technical invalidation. The transaction becomes valid upon subsequent approval. The principle is well-established.