Transfer of Interest in Land and Governor's Consent Under the Land Use Act: Some Emerging Issues

Abstract

Land as one of the most invaluable resources of nature remains mostpriced. It has tendency and propensity to change hands. Given that the owner of land may not use all of it at once, or can dispose it in order to acquire another property or service, it is a marketable item. The ownership of land in Nigeria has been vested on the Governor of each State to hold in trust all land in his territory for the citizens of the state and the benefit of all Nigerians. As provided in the Land Use Act 1978 sections 22 and 34 respectively, for valid transaction of land; alienation, transfer of possession, assignment, mortgage, sublease to be established in any land covered with the statutory right of occupancy, the parties must seek for and obtain the consent of the Governor as the head lessor. The central aim of this paper is to appraise the basic issues associated with the effective transfer of interest in land bearing in mind the requirement for the Governor's Consent. The objective of this paper, among others, is to establish the necessity for transfer of interest in land. Besides, to highlight measures that will aid effective drive of the process for obtaining the Governor's Consent and ascertain whether this is sacrosanct for all intents and purposes thus underscoring some emerging issue. Furthermore, the paper emphasized that Governor's Consent is not automatic for all holders of statutory right of occupancy, it must be sought for when necessary and be given in compliance with the provisions of the Land Use Act. Of course, the timing for Governor's Consent is after the parties have agreed, concluded and executed the instrument of the transaction. Although, the paper argued that any person who has acquired a deemed right of occupancy do not require the consent of the Governor in order to transfer interest in possession or alienation as the case may be. These are parts of the emerging issues.