Yusuf Bala @balarex

PERMISSIBLE EXCEPTIONS TO SECTION 22 OF THE LAND USE ACT

Inasmuch as the consent of the Governor is required for subsequent alienations, it is not in all cases that the Governor must give its consent before the transaction may be conferred its legitimacy. Thus the Act under section 22(1)(a)-(b) provides the exception and or instances where the consent of the Governor is unnecessary for subsequent alienation. The section provides thus:

“Provided that the consent of the Governor- (a) shall not be required to the creation of a legal mortgage over a statutory right of occupancy in favour of a person in whose favour an equitable mortgage over the right of occupancy has already been created with the consent of the Governor: (b) shall not be required to the re-conveyance or release by a mortgage to a holder or occupier of a statutory right of occupancy which that holder or occupier has mortgaged and that mortgage with the consent of the Governor.”

From the provisions of section 22(1)(a)-(b), it is crystal clear that Governor’s consent is unnecessary under two circumstances: firstly, it is not applicable when a legal mortgage is contemplated to be created over an equitable mortgage already consented to by the Governor; secondly, it is not applicable to cases of re-conveyance or release of mortgage provided the previous mortgage was done with the consent of the Governor.

THE IMPORT AND PURPORT OF SECTION 22
Giving the fact that several subsequent transactions may be done by a holder of a statutory or customary right of occupancy, as well as taking cognizance of section 1 of the Land Use Act which vested all lands in the State in the Governor, as a trustee of the people, the inference or the purport of section 22 is to ensure that the Governor is carried along as regards subsequent transactions in realty dealings. Thus, where a person intends to purchase a property, he needs to enquire on the kind of title the vendor possess, and where the vendor is an holder of a statutory right of occupancy, the vendor must be ready and willing to assist and or furnish the prospective purchaser of any document(s) of title in his possession, for the purpose of receiving the consent of the governor by the purchaser. Where alienation is done without the requisite consent, the entire transaction and or conveyance shall be declared null and void by a court of competent jurisdiction.

The mortar for the final coat is usually made by mixing cement and coarse sand in the mix proportion of 1:3 and is placed in about 1 mm thickness.

The pebbles used for dashing should be well washed and thrown wet onto the final coat. The pebbles may be tightly tapped into the mortar with a wooden float or with the flat of the trowel.

This finish of plaster possesses all the advantages of the roughcast finish and is recommended in similar conditions. Pebbledash plaster finish is mostly used for covering exterior walls and provide an aesthetic appearance to the structure.
Plaster of Paris
Plaster of paris or simply plaster is a type of building material based on calcium sulphate hemihydrates. This is a smooth finish achieved by plaster of paris generally applied on internal walls.
According to ‘M.G. Goyal’ (Author of Construction Handbook for Civil Engineer & Architect, Vol 2) Gypsum, a rocklike mineral (IS: 1290) known chemically as hydrous calcium sulphate (CaSO42H2O) is found in many parts of the world, usually combined with impurities such as clay, limestone, and iron oxides. In its pure form gypsum is white, a chalk like material but in combination with impurities, it may be gray, brown or pinkish. Relatively pure calcined gypsum is known as Plaster of Paris, after the huge beds of it that underlie the city of Paris where it was mined in abundance in the late nineteenth and early twentieth centuries.
The origins of plaster of Paris can be traced to Montmartre in North Paris where it was extensively mined from. It is also known as POP.
As described by ‘S.C. Rangwala’ (Author of Engineering Materials book), Plaster of Paris is prepared by heating gypsum crystals at the temperature of 160–170 °C (248–356 °F). It loses about 14.7% of its water content in the form of steam. The resulting product is the hemihydrate of calcium sulphate and it is known as first settle plaster or the “Plaster of Paris”.

WALL FINISHES
Wall finishes are finishes that enhance interior or exterior wall structure. Wall finishes used for interior are quite delicate and need maintenance.

TYPES OF WALL FINISHES

PEBBLE DASH PLASTER FINISH
It is a Plaster Finish in which small pebbles or crushed stones of suitable size (generally varying from 10 to 20 mm) are thrown onto a freshly applied final coat of mortar and left exposed.

Powers of the Governors in relation to land

(1) It shall be lawful for the Governor in respect of land, whether or not in an urban areas:-
(a) to grant statutory rights of occupancy to any person for all purposes;
(b) to grant easements appurtenant to statutory rights occupancy;

(c) to demand rental for any such land granted to any person.
(d) to revise the said rental –
(i) at such intervals as may be specified in the certificate of occupancy; or
(ii) where no intervals are specified in the certificate or occupancy at any time during the term of the statutory rights of occupancy;
(e) to impose a penal rent for a breach of any covenant in a certificate of occupancy requiring the holder to develop or effect improvements on the land the subject of the certificate of occupancy and to revise such penal rent as provided in section 19 of this Act

(f) to impose a penal rent for a breach of any condition, express or implied, which precludes the holder of a statutory right of occupancy from alienating the right of or any part thereof by sale, mortgage, transfer or possession, sub-lease or request or otherwise howsoever without the prior consent of the Governor;
(g) to waive. Wholly or partially, except as otherwise prescribed; all or any of the covenant or conditions of which a statutory right of occupancy is subject where, owing to special circumstances, compliance therewith would be impossible or great hardship would be imposed upon the holder;

(h) to extend except as otherwise prescribed, the time to the holder of a stat

Trying to support my question with a relevant statute

SECTION 22 OF THE ACT

Section 22 explicitly provides for the modus operandi of alienation of interests of title to land. Before any title or interest in land can be conveyed to another, such conveyance must be done with the consent of the Governor. Section 22 expressly provides thus:

“It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mortgage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained”.

That section restricts any allotee or grantee of statutory or customary right of occupancy from subsequent alienation except with the consent of the Governor first had and obtained. It is important to know that since the passage of the Act, what individuals or families now enjoy on their lands is right of occupancy which is evidenced through the issuance of certificate of occupancy by the Governor. Going by the provisions of the Section 22 (supra), there are several ways through which a title to land could be alienated. These include but not limited to: By way of Assignment – such as executing a deed of assignment between a former grantee and the new assignee; by way of mortgage – using the assigned land or building as security for loan between the Mortgagor and the Mortgagee; by way of transfer of possession – such as through the execution of a deed of transfer from a transferor to the transferee upon valuable consideration; by way of sublease – such as relinquishing the unexpired residue of the lease to another party known as sub-sublessee for a valuable consideration; or otherwise. The word “or otherwise” as used under section 22 connotes other forms of alienation not expressly mentioned. Thus, this might include: by way of gift – such as between a Donor and the Donee evidenced by a Deed of Gift; by way Power of Attorney; by way of lease – from the lessee to the lessor; by way of mutual agreements, among other ways or manners through which alienation may be effected.

Provision of the land use act in regards to right of someone less than 22years

The Land Use Act is a significant piece of legislation in Nigeria that governs the ownership, control, and utilization of land across the country. It applies to individuals of all ages, including those who are less than 22 years old.

The Act addresses various aspects related to land tenure, acquisition, and administration, aiming to ensure sustainable development, equitable distribution of land resources, and protection of citizens' rights.

According to the Nigerian Constitution, specifically under Section 315(5)(a), the Land Use Act is expressly listed as one of the existing laws deemed to be a part of the Constitution. This provision grants the Act constitutional status, emphasizing its vital role in land management within the Nigerian legal framework.

As it relates to individuals under the age of 22, the Land Use Act affects their rights and responsibilities regarding land matters in several ways.

Firstly, it recognizes the legal capacity of anyone who has attained the age of 18, regardless of their age bracket. Therefore, individuals below 22 years old have the right to participate in land transactions, either as owners, purchasers, or lessees, subject to the provisions of the Act.

However, it is important to note that the Act also imposes certain restrictions on land transactions involving minors or individuals under the age of 21.

Section 21 of the Act stipulates that any person under that age cannot dispose of or alienate land unless they have the approval of the Governor, who acts on behalf of the state government.

Additionally, the Act introduces the concept of a Certificate of Occupancy (C of O), which serves as evidence of a person's right to occupy and use land. Although the Act does not explicitly mention any age restrictions for obtaining a C of O, the process typically requires the consent of the Governor or his designated representative. Thus, individuals below the age of 22 may face additional challenges in acquiring land due to the requirement of obtaining official consent.

Furthermore, the Land Use Act guarantees the protection of the rights and interests of all landholders, irrespective of age. It recognizes the inviolability of property rights, prevents unlawful deprivation of land, and establishes a legal framework for land disputes and resolution.

"The only way to do great work is to love what you do.” - Steve Jobs

I hope this quote inspires you to do great things this week! 😊

Manchester City Vs Liverpool
Ohhhhh!!!! What a game👍
Chelsea Vs Newcastle 🔥