AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

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AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES

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 noncompliance 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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AN APPRAISAL OF ALIENATION OF RIGHT OF OCCUPANCY UNDER THE NIGERIAN LAW: ISSUES AND CHALLENGES