AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW

AN
APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW

ABSTRACT

One
of the problems this research discovers is that of conflict of interpretation
of the requirement of consent provision as provided under sections 21 and 22 of
the Land Use Act. This problem leads to conflicting decisions by the Apex
court, the development that always puts the lower courts in dilemma as to which
of the decisions of the court to apply in cases relating to alienation of land.
Another problem the research discovers is that of non-compliance in that the
cumbersome nature of the consent requirement makes people to alienate land
without complying with the requirement of the law. Therefore, the research
appraised and analyzed consent requirement, the hardship meted out by its
interpretation by the courts. It also looked at the issues and challenges of
the research and finally proffered some solutions to same. The methodology
adopted in this work is doctrinal which is library oriented. The research found
that there is conflict of decisions by the courts on cases relating to
alienation of land. It also found that consent requirement is too wide, thus
making the powers of the governor to be discretionary and cannot be challenged
even by the holder himself. It again found that people engage in land
transaction without complying with the requirement of the law. Finally, it has
been recommended that the apex court should judicially and judiciously look at
their previous decisions on consent requirement in order to avoid conflict of
interpretations. It also recommended that consent clause should completely be
removed or time limit for governors to give consent be fixed and if it expires,
consent should be deemed granted. Banks need to be very careful by ensuring
that mortgagors obtained consent and from proper authority.

 

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