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Supreme Court · 1989
Is the Governor's consent required before a holder of a deemed right of occupancy may alienate an interest in land?
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This decision is reported in the Nigerian law reports. Locate it by its case name in a law report series or through the court's own record, and read the judgment before relying on it.
The question the court actually had to answer. Everything a judgment settles flows from this, and nothing beyond it does.
Is the Governor's consent required before a holder of a deemed right of occupancy may alienate an interest in land?
Land was mortgaged to secure a facility. The mortgage was later attacked on the ground that the Governor's consent required by the Land Use Act 1978 had not been obtained.
The Supreme Court held that the consent requirement applies to holders of deemed rights of occupancy as well as to statutory grants.
A transaction caught by the requirement and carried out without consent is exposed to challenge.
Stated narrowly, as the case is genuinely cited for — not stretched into the broader proposition it is often summarised as.
The Land Use Act's consent requirement extends to deemed rights of occupancy, and alienation without the required consent is not safe.
Our explanation of what the decision means for an ordinary reader. It is not the judgment.
In Nigeria, land you hold is held under the Land Use Act, and transferring, mortgaging or otherwise dealing with your interest generally needs the Governor's consent.
This decision is why every careful land transaction asks about consent early. A deal that skips it can be unwound long after the money has changed hands — and the person who paid is usually the one who suffers.
The part most summaries leave out, and the part that most often causes a case to be cited for something it never decided.
Named generally. Read the official text of any instrument you intend to rely on.
This decision is reported in the Nigerian law reports. Locate it by its case name in a law report series or through the court's own record, and read the judgment before relying on it.
Subject area: Land & Property