Who Can Make Gifts And What Are His Powers?

Daily Law Tips (Tip 560) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

WHO CAN MAKE GIFTS AND WHAT ARE HIS POWERS?

Only a bonafide owner, a lawful and true owner of a thing or property can give out his lawfully owned property as a gift to another person. You cannot give what you don’t have. The owner of a property can give his property and all his interest in the property or some of his interest in his property. A giver has powers to give away absolutely (without any reservations) or limitedly (with some reservations/for a specific time).

A gift is absolute when all the title and interest of the Owner/Giver (Donor) are freely, fully, totally and unconditionally given/transferred to a Receiver/Beneficiary (Donne) for FREE. Where a gift is made subject to some conditions or for a particular period of time, such gift is not absolute rather conditional and limited. Hence, the Receiver/Beneficiary of such gift must abide by the conditions set by the Owner/Giver.

A gift is made once a Receiver/Beneficiary (Donne) accepts the gift offered to him/her. Once a gift is accepted it cannot be withdrawn or revoked, unless there is fraud, mistake or force in the making of the gift. Generally, powers of an Owner over his gifted property automatically cease immediately his gift is accepted. And, the owner and his beneficiaries (children, dependents and agents) are estopped (prohibited) and has no powers to reverse or withdraw the gift or disturb the Receiver and his own beneficiaries over such gift. Always remember, “What is Given, is Given.” Below are the words of appellate courts:

1. The courts have emphasised this in; “The law, as I had earlier stated is now well settled; it is nemo dat quod non habet. There was no iota of evidence of how the Respondent’s father became the owner of the land in dispute which he allegedly gave as a gift inter vivos to his son, the Respondent. No one can in law give to another person what he does not have and the Respondent’s father is no exception to his long well established principles of land law. See N. S. I. T. F. V. Iyen (2014) 9 NWLR (Pt.1412) 323 @ P. 345; See also Egbuta V. Onuna (2007) 10 NWLR (Pt. 1042) 298.” Per BIOBELE ABRAHAM GEORGEWILL ,J.C.A ( Pp. 54-56, para. A ). Quotation is from the case of GABDO v. USMAN (2015) LPELR-25678(CA)

2. Also, “… Unless a donor reserves the right to revoke, once a gift has been validly executed it cannot be revoked.” Per JIMI OLUKAYODE BADA ,J.C.A ( P. 20, paras. C-F ) Quotation is from the case of ABAH v. OGBE (2012) LPELR-14842(CA)

3. From the Supreme Court, “Unless a donor reserves the right to revoke, once a gift has been validly executed it cannot be revoked in the absence of fraud, mistake, misrepresentation or other invalidating cause. See Ogilvie v. Allen (1899) 15 T.L.R. 294.” Per, YEKINI OLAYIWOLA ADIO ,J.S.CÂ ( P. 15, paras. F-G ). Quotation from the case of IMAH & ANOR v. OKOGBE & ANOR (1993) LPELR-1497(SC)

My authorities are;
1. The Supreme Court’s decision in the case of IMAH & ANOR v. OKOGBE & ANOR (1993) LPELR-1497(SC).
2. The Court of Appeal’s decision in the case of GABDO v. USMAN (2015) LPELR-25678(CA)
3. The Court of Appeal’s decision in the case of ABAH v. OGBE (2012) LPELR-14842(CA)

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