REQUIREMENT OF CONSENT IN THE ALIENATION OF INTERESTS IN LAND IN THE FEDERAL CAPITAL TERRITORY, ABUJA: THE CASE OF UNA V ATENDA REVISTED

Abstract

The Land Use Act, 1978, has streamlined the interest one may hold in land in Nigeria to an occupational interest for a term of years. The Governor of each of the states of the Federation holds land in trust for the people and may grant a statutory right of occupancy to an applicant which would be evidenced by a Certificate of Occupancy. The same applies to the Local Government in respect of land in the non-urban areas of each state. An alienation of this grant would be invalid without the consent of the Governor or the Local Government as the case may be. The Federal Capital Territory came into existence in 1976 prior to the promulgation and subsequent deemed enactment of the Land Use Act. It would appear from an examination of the Federal Capital Territory Act, the Land Use Act itself and the decision in Una v Atenda (2000) 5 NWLR (pt.656) 245, that the Land Use Act is not applicable in the Federal Capital Territory. Since the requirement for consent are contained in the provisions of the Land Use Act, it is the focus of this paper to inquire into the validity or otherwise of the current practice of obtaining the consent of the Minister of the Federal Capital Territory(as delegated to him by the President) before the alienation of rights of occupancy. The paper which adopts the doctrinal research methodology posits that President or his delegate does not have the power to grant or withhold the grant of consent for the alienation of interest in land once he has made a grant of interest under section 18 of the Federal Capital Territory Act to a grantee of a right of occupancy. The paper recommends in its conclusion that to synchronize land administration in the country in relation to consent for the alienation of interest in land bearing in mind the incongruity that preceded the Land Use Act, the FCT Act should be amended to make express provisions for the consent of the President or Minister in charge of the Federal Capital Territory similar to those contained in the consent sections of the Land Use Act.