A Paradigm Shift Against Governor's Consent Under The Land Use Act 1978
In property law transactions in Nigeria, since the 1989 decision of the Supreme Court in Savanah Bank v Ajilo,¹ it had been impossible for private persons to lawfully transfer or alienate their interests in land without interference by the State,in that such private persons had to first obtain the consent of the relevant State Governor before they could completely alienate their interests in land.
This position in property transactions witnessed a significant shift, following the 2017 decision of the Supreme Court of Nigeria in Engr. Yakubu Ibrahim & Ors v Simon Obaje,² where the Court held that private persons must not acquire Governor's consent before they can lawfully transfer or alienate their interests in land, as long as there is no conflict between the parties, and in the absence of an overriding public interest.
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The Supreme's Court Decision in Yakubu V. Simon
