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


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TABLE OF CONTENTS

Title page
Table of Cases
List of Statutes
Abbreviations
Table of contents

CHAPTER ONE: GENERAL INTRODUCTION
1.1       Introduction
1.2       Aim and Objectives of the Research
1.3       Scope of the Research
1.4       Statement of the Problem
1.5       Justification of the Research
1.6       Literature Review
1.7       Methodology
1.8       Organizational Layout

CHAPTER TWO: ANALYSIS OF THE NATURE AND SCOPE OF RIGHT OF OCCUPANCY
2.1       Introduction
2.2       Types of Right of Occupancy
2.3       Statutory Right of Occupancy Expressly Granted
2.4       Statutory Right of Occupancy Deemed Granted
2.5       Customary Right of Occupancy Expressly Granted
2.6       Customary Right of Occupancy Deemed Granted
2.7       Acquisition of Right of Occupancy by Acts of Parties
2.8       Acquisition of Right of Occupancy by Court Order
2.9       Contents of Rights of Occupancy
2.10     Duties and Obligations of a Holder of a Certificate of Occupancy
2.11     Rights of a Holder of a Certificate of Occupancy
2.12     Nature of Interest Created by Right of Occupancy
2.13     How to Obtain a Certificate of Occupancy (For both Actual and Deemed Grants)
2.14     Effect of Grant of Right of Occupancy by the Governor

CHAPTER THREE: ALIENATION OF RIGHT OF OCCUPANCY
3.1       Introduction
3.2       Meaning of Alienation
3.3       Nature and Scope of Alienation
3.4       Types of Alienation
3.5       Consequences of Alienation without Requisite Consent
3.5       Legal Restriction on Alienation of Land

CHAPTER FOUR: AN ANALYSIS OF THE REQUIREMENT OF GOVERNOR’S CONSENT FOR ALIENATION UNDER LAND USE ACT
4.1       Introduction
4.2       Brief History of Governor’s Consent
4.3       Emerging Issues in Governor’s Consent since Savannah Bank v. Ajilo
4.4       Problems with Securing Consent:
4.5       The Point at Which Governor’s Consent Is Required

CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1       Summary
5.2       Observations/Findings
5.3       Recommendations
5.4       Conclusion
            Bibliography



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.




CHAPTER ONE

GENERAL INTRODUCTION

1.1              Introduction

The results of population pressure, urbanization and socio-economic growth have great social and economic impact on land issues in Nigeria.1 This therefore makes people to move from rural to urban areas and therefore, congested urban areas are in need for expansion but land is too scarce. 2 Hence, to acquire land became even impossible because of the cost of compensation.3 These difficulties faced by both the people and governments make it necessary for the government to do something about land distribution in Nigeria.4 Consequently, the Rent Control Panel was appointed in 1976 and saddled with the responsibility to study the system of land distribution and speculation. They therefore recommended among other things, that the federal military government should take over all land in the country. 5 This and many panels and committees 6 necessitated the enactment of the Land Use Act which provides the framework of national policy in Nigeria and enables the government to control the use of which the land can be put in all parts of the country.7

To make the above policy of nationalizing land effective, the land use Act provides for

“right of Occupancy” 8 which gives the holder a mere right of possession and not ownership.9 Hence, two types of occupancies are provided for namely: Statutory Right.......


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