Nigeria Land Use Act 2004
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.
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.
