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.
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.
