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Power of Attorney: For Delegation or Alienation? Whither Law?
0₦2,500.00Sadiku Ilegieuno, Lawal Kazeem and Francis Jarigo, all of Templars, Nigeria, in their article, Power of Attorney: For Delegation or Alienation? Whither Law? note that other than using a power of attorney in the traditional sense to authorize a donee to act on behalf of a donor, power of attorney is now being used in the Nigerian real estate sector to alienate or transfer interest in land. While Nigeria’s superior courts have downplayed or discouraged this practice through their judicial pronouncements, Nigerian Supreme Court may have tacitly lent credence or sanctioned the practice, considering its recent decision in the case of Yakubu Ibrahim v Simon Obaje. Ilegieuno et al. consider whether a power of attorney is now a viable substitute for a contract for the sale of land in Nigeria. They examine the traditional role of the power of attorney vis- a-vis the new practice of deploying it as a tool of alienation of an interest in land within the context of the Supreme Court’s decision in Obaje’s case.
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The Effect of Governor’s Consent on Priority of Interest Under the Land Use Act: Has Anything Changed?
0₦2,500.00Olugbenga Ojo, Principal Counsel at Gbenga Ojo & Co, in his article, The Effect of Governor’s Consent on Priority of Interest Under the Land Use Act: Has Anything Changed? examines the issue of priority of interest in land under the Land Use Act and the effect of the Governor’s Consent. He considers the rule of priority before the enactment of the Land Use Act, and under the Act to determine whether there are changes. He concludes that the Governor’s Consent only validates a transaction and renders an alienation void without the Consent, but priority is determined by registration after obtaining the Consent. He suggests that Judges should read the Land Use Act as a whole as against reading a section or two in isolation or referring to irrelevant common law concepts or maxims of equity as was done in the case of Orunwese v Amu.
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Acquisition of Land by Foreigners in Nigeria: A Legal Analysis
0₦2,500.00Victor Ojetayo of the Ajayi Crowther University Oyo Nigeria and Ajiboye Ibiyemi in their article, Acquisition of Land by Foreigners in Nigeria: A Legal Analysis, note that with the increased participation of foreigners in Nigeria’s economic landscape through Foreign Direct and Portfolio Investments, resident and non-resident foreigners may wish to own real property in Nigeria. Ojetayo and Ibiyemi present an exposition of relevant case laws, the Land Use Act, Acquisition of Land by Alien Law and other statutes for their perspective on acquisition of land by foreigners in Nigeria.
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Examining Compensation for Land Compulsorily Acquired for Petroleum Operations in Nigeria
0₦2,500.00Dr Gogo Otuturu and Dr Abdullahi Abdullahi of the Faculty of Law, Niger Delta University, Wilberforce Island Nigeria in their article, note that the right to compensation for land compulsorily acquired is both a constitutional and statutory right. While the Constitution provides for the payment of compensation for any land acquired for public purposes, the Land Use Act provides for compensation, not for the land itself, but for unexhausted improvements. Where the land is acquired for petroleum operations, compensation is payable in accordance with the Petroleum Act and the Oil Pipelines Act. Otuturu and Abdullahi examine the various heads of compensation for land compulsorily acquired under the Land Use Act and the petroleum . They suggest an amendment of the laws to incorporate the elements of disturbance, severance and injurious affection.
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Acquisition of Title to Land by Adverse Possession: Need to Stop Endorsement of Land Theft
0₦2,500.00Gbenga Ojo, Lagos State University and Principal Gbenga Ojo and Co Lagos Nigeria in his article, Acquisition of Title to Land by Adverse Possession: Need to Stop Endorsement of Land Theft, interrogates the concept of adverse possession in land law. He posits that acquisition of title to land by a trespasser/squatter by adverse possession is tantamount to land theft. He argues that the claim of an adverse possessor rather than being dealt with under limitation laws should be taken care of by an interplay of the equitable doctrines of laches and acquiescence or the Rule in Awo v Cookey. He recommends a reform of the law and the adoption of the Singaporean model which abolished acquisition of title to land by adverse possession.
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Bank Lending and Mortgage Consent in Nigeria
0₦2,500.00Dr. Adesina Bello, Senior Lecturer, Department of Private and Commercial Law, Babcock University Iperu-Remo in his article, Bank Lending and Mortgage Consent in Nigeria considers the judicial treatment of failure to comply with the provision of sections 22 and 26 of the Land Use Act (LUA) which makes unlawful, and indeed nullifies, any alienation of a right of occupancy without the consent of the Governor first had and obtained. He posits that the restrictive provision of the LUA, and the relative narrow interpretation by the courts may have contributed to the present cumbersome and bureaucratic process of loan documentation, frustration of the concept of securitization, and stifling of the mortgage business in Nigeria.
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Lis Pendens and Insecurity of Title to Land in Nigeria: A Call for Legislative Intervention
0₦2,500.00Is a sale transaction pendente lite void or voidable? Gbenga Ojo, Lecturer, Lagos State University, and Kanyinsola Ojo, Partner, Gbenga Ojo & Co, in their engaging article, “Lis Pendens and Insecurity of Title to Land in Nigeria: A Call for Legislative Intervention”, review Supreme Court decisions on the nature of title transferred during litigation. They argue that the legal immunity given to a bona fide purchaser for value without notice, and the indefeasibility of title conferred on a purchaser under the (repealed) Registration of Title Law (now replaced by the Land Registration Law of Lagos State, 2015) will not avail a purchaser pendente lite. They call for compulsory registration of pending litigations on land, as done in some other jurisdictions, to serve as notice to prospective buyers, and reduce insecurity of title.
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Registry Practice under the Land Registration Law of Lagos State 2015
0₦2,500.00Dr. Yusufu Dadem, Deputy Director-General, and Abigail Kahuwai, Lecturer at the Nigerian Law School, Kano Campus in their paper “Registry Practice under the Land Registration Law of Lagos State 2015” examine the Land Registration Law of Lagos State(LLRL) which repealed the Registration of Land Law of Lagos State, 2003; the Registration of Titles Law and Registration of Titles (Appeals) Rules 2003; the Lands Instruments Registration Law 2003; and the Electronic Documents Management Systems Law, 2007. Dadem & Kahuwai note that the variegated and disorganised systems of land administration made the LLRL imperative, for harmonisation of the different laws regulating registration of land and interests in the state. They analyse the provision of the law with respect to registration of interests, land register, records, and use of forms for transaction.
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An Examination of the Competing Layers of Rights in Communal and Family Land
0₦2,500.00Olagoke Odubunmi, Lagos-based legal practitioner in his article, “An Examination of the Competing Layers of Rights in Communal and Family Land” exhaustively discusses the competing, conflicting and concurrent layers of rights of the Chief, the Community, the Family Head, the Family and the Individual in the ownership, usage, management and alienation of Communal/Family Land, and the impact and implication of the Land Use Act on the layers of rights.
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The Land Use Act and Compulsory Acquisition Without Compensation
0₦2,500.00Dr Akintunde Otubu, Senior Lecturer, Department of Private and Property Law, University of Lagos in his article “The Land Use Act and Compulsory Acquisition Without Compensation” examines the provision of the Land Use Act on compulsory acquisition and compensation. Weighing in on the controversy between the ‘nationalisation’ and ‘private property right’ schools, he contends that while the Act nationalises all land in favour of the State, it allows private ownership of the improvements on the land. He explores the half-hectare rule and four instances of revocations by which land is compulsorily acquired without compensation under the Act.
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Dual Titles on Federal Government Property in Lagos State: A Review of Law and Practice
0₦2,500.00Olagoke Kuye, Associate, Adekunle Omotola & Co in “Dual Titles on Federal Government Property In Lagos State: A Review of Law and Practice” examines the controversial issue of ‘regularisation’ of Federal Government titles by the Lagos State Government and posits that the problem arose from the inadequate provisions of the Land Use Act and the land tenure history of Lagos State.
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An Examination of the Right to Compensation for Compulsory Acquisition of Land in Nigeria
0₦2,500.00Dr. Dorothy Nelson, Senior Lecturer, Department of Private Law, University of Uyo, in her article “An Examination of the Right to Compensation for Compulsory Acquisition of Land in Nigeria” discusses the right to compensation under the Land Use Act and argue that while compulsory acquisition may be necessary for societal growth, acquisition, via revocation of interest, must scrupulously comply with the template laid by the Supreme Court in the case of Osho v Foreign Finance Corp.
