Daily Law Tips (Tip 611) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
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CAN A FAMILY HEAD SELL FAMILY LAND AS HIS PRIVATE PROPERTY UNDER YORUBA CUSTOMARY LAW?
Going by the provision of a Federal law (Land Use Act of 1978) governing land, land ownership and land transactions in Nigeria, land can be under customary ownership (mostly land in villages and rural areas, that are still customarily owned without the intervention of state government) or statutory ownership (lands often in cities and owned under statutory occupancy issued by Governor of a state). However, there is a third type of land, that is land owned by federal government and her agencies in any part of Nigeria. Generally, all lands in Nigeria are vested on the Governors of states in Nigeria.
Focusing on customary lands, one wonders if under the Yoruba customary law, a family head of a family can on his own accord, sell a family land as if it was his own. This issue has long been settled by the apex court (Supreme Court of Nigeria) and below are the words of the court since 22 April 1988, while relying on its earlier decision in 1982.
“It is customary law among the Yorubas that neither the head of the family nor a member of the family can alienate family property as his own private property. See Solomon & Ors. v. Mogaji & Ors. (1982) 11 SC.1. Any such conveyance does not convey family title and is null and void as it cannot convey a title the vendor does not have.” Per ANDREWS OTUTU OBASEKI ,J.S.C ( Pp. 24-25, paras. F-A )
My authorities are:
1. Sections 1, 51 and 52 of the Land Use Act, 1978.
2. The judgement of the Supreme Court of Nigeria in the case of FASORO & ANOR v. BEYIOKU & ORS (1988) LPELR-1249(SC)
3. The judgement of the Supreme Court of Nigeria in the case of Solomon & Ors. v. Mogaji & Ors. (1982) 11 SC.1.
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