The High Court of Cross River State sitting in Odukpani, presided over by Hon. Justice V. A, Offiong has in an epoch-making judgment delivered on 25th June, 2021, held that the consent of the Governor of Cross River State is not required in the transfer/alienation of land between private individuals where there is no overriding interest or conflict between the parties.
The said suit was initiated by a Legal Practitioner & Rights Activist; Daniel Kip, Esq. against the Cross River State Government and 3 others, vide Originating Summons filed on 12th November, 2019, for the determination of the question amongst which was: “Whether the requirement of consent under the land use act hitherto applicable to transfer/alienation of rights between private individuals where there is no overriding public interest or conflict between the parties, has not been ousted by the Supreme Court decision in Engr. Yakubu Ibrahim & Ors. V. Simon Obaje (2017) LPELR-43749 (SC).”
Amongst other declarations sought by the Claimant in the Suit was “A declaration that by virtue of the Supreme Court decision in Yakubu Ibrahim & Ors. V. Simon Obaje (2017) LPELR-43749 (SC)., the provision for consent under the Land Use Act does not apply to transfer/alienation of rights between private individuals where there is no overriding public interest or conflict between the parties.
Upholding the claims of the Claimant; Daniel Kip, in the well-considered and erudite judgment of the Court, His Lordship, Honourable Justice V. A. Offiong, made the following consequential orders to wit:
“1. An Order mandating the Defendants to forthwith register all deed of conveyances, deed of assignments, debenture deeds, deed of leases and deed of mortgages and all other title documents and irrevocable power of attorney conveying interest in land between private individuals where there is no overriding public interest or conflict between the parties, and without the requirement of consent of the Governor or/and payment of consent fee.
2. An order of perpetual injunction restraining the Defendants by themselves, their servants, agents and privies from further refusing to register deed of conveyances, deed of assignments, debenture deeds, deed of leases and deed of mortgages, and all other title documents and irrevocable power of attorney conveying interest in land between private individuals where there is no overriding public interest or conflict between the parties, and without the requirement to obtain the consent of the Governor or/and payment of consent fee.”
The said judgment is binding and subsisting as there is no appeal against the judgment.
