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ABSTRACT
The Governor of a state is furnished with the power and duty to hold all land within its jurisdiction in trust for the good and benefit of all Nigerians. Since land is of paramount value, it affects economic and infrastructural development across the states when not managed properly. Section 21 and 22 of the Land Use Act provides that Governor’s consent must be first had and obtained before any alienation in land is valid. One of the issues founded in this work is the conflict of interpretation of the consent provisions provided under the Land Use Act.
The Apex courts reach different judgment which puts the lower courts in confusion on which judgement of the Apex courts to follow in the determination of suits before them. This in effect opposes the principle of stare decisis and causes confusion and disorderliness in the Nigerian legal system. It was also founded that the Act failed to specify the duration upon which the Governor must grant such consent. This has in effect led to the Governor having broad powers since he is to determine how and when he will grant consent. Due to the cumbersome nature of the Act, a good number of the populace do not comply with the consent provision because of the lack of implementation of section 21 and 22 which has been seen by some to only exist in prints and not in operation. Consequently, it has been recommended that there should be a limit to the time the Governor is expected to grant consent to prevent abuse of power.
