By
Ewulum IIfechukwu Christopher*
Isiaka Azeez Ayinde*
Amobi Alvina Uche*
ABSTRACT
The real import of the consent provisions of the Land Use Act has been a subject of profound mystery. Just recently, the supreme court in Yakubu Ibrahim v. Simmons Obaje (hereinafter “Yakubu” or Yakubu’s case)[1]armed itself with “the purposive approach to the interpretation of statutes and set out on a mission to rescue “the consent provision” of the act from the realm of recondite Interestingly, the apex court in placing reliance on the preamble of the act held “that it is not the intendment of the legislature that section 22 of the Land Use Act, on consent, would limit and deny parties of their rights to use and enjoy land and the fruits thereto in a non-contentious transaction or alienation”. However, upon a holistic review, it was discovered that the case left much to be desired on what is needed to serve justice and for a stronger reason, the rationales given by the apex court are not consistent with sound legal reasoning. This paper seeks to examine jurisprudentially this Supreme Court’s decision, the contentious issues and possible solutions.
Keywords: Property Law, Consent of the Governor under the Land Use Act, Irrevocable Power of Attorney, the Status of a Preamble, the Purposive Rule of Interpretation.
click here to download full article
*Lead author; 400 level law student (LL.B in view ) of University of Nigeria, Nsukka ( UNN); a Student Writer and Researcher who is currently the Team Leader, Content development and Research team, Excel in Law. He is currently a Student Ambassador at The Legal Bridge Initiative. He is also an Associate in Justice Oputa Chambers. Email address : ewulumchristopher@gmail.com
*Co-author 1; He is a recent pioneer graduate fellow of NULAI Justice Education Fellowship and law graduate from the University of Ilorin. An erstwhile Attorney General of the Law Students’ Society at the University of Ilorin and the Clinic Manager of the University of Ilorin Legal Aid Clinic. He was also a recipient of the coveted rank of Senior Advocate in his institution of study as a result of his exceptional performance in the Students’ Legal Practice. Email address: Azeezayindei@gmail.com
*Co-author 2; a 300-Level Law Student at the University of Nigeria, Nsukka. Apart from distinguishing herself in the area of legal writing and research, she is the Southeast Coordinator, Federation of African Law Students (Nigeria). email Address: alvyna17@gmail.com
[1] The case was delivered On Friday, the 15th day of December, 2017. His Lordship, Hon. Clara Ogunbiyi JSC delivered the leading judgement with Hon.Rhodes-Vivour, Amiru Sanusi, Adamu Augie and Dauda Baje JJSC unanimously concurring. This judgment has been reported in (2018) All FWLR pt. 937, p. 1682.