CONSENT OF THE GOVERNOR IN LAND TRANSACTIONS: WHOSE DUTY AND WHEN

Abstract

The Land Use Act of 1978 is the cornerstone of land regulation in Nigeria, establishing the framework for land tenure and administration. A central and controversial aspect of this legislation is the requirement for obtaining the Governor's consent before any alienation of land interests. This requirement aims to centralize land control and ensure its responsible use for national development. Critics argue that the need for the Governor's consent impedes commercial transactions and economic growth, while proponents see it as a measure to prevent land speculation and ensure equitable land distribution. The duty to seek and obtain the Governor's consent lies primarily with the party seeking to transfer land interests. The process of obtaining consent is time-consuming and often criticized for its bureaucratic inefficiencies. Transactions without the Governor's consent are deemed invalid, which can lead to disputes, loss of investment, and legal penalties. The aim of this article is to reappraise the requirement of Governor's consent under the Land Use Act 1978, hinged on the tripartite exigencies of; Whose Duty it is to Obtain Governor's Consent, Time for Obtaining Consent and Consequence for Failure to Obtain Consent. The article further highlights the need for reform in the implementation of the consent provision to streamline the process and enhance its efficiency, thus balancing the objectives of regulation with the facilitation of economic development.