THE FALLACY OF USING POWER OF ATTORNEY TO AVOID THE CONSENT PROVISIONS UNDER THE LAND USE ACT
Authors:
OLANREWAJU Pius
Publication Type: Journal article
Journal:
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Abstract
The present practice in some parts of Nigeria notably in the Eastern States is to use the medium of Power of Attorney to assign interests in land in an attempt to evade the requirements of seeking Governors consent. This is because of the Herculean procedures involved in the alienation and the payment of consent fees. Nearly all such powers of attorney are expressed to be irrevocable and exchanged for valuable considerations and with wider power conferred on donee. The purpose of this paper is to examine the legality of using power of attorney to evade the issue of Governor’s consent as exemplified in the Land Use Act . It cannot be denied that no responsible government can afford a situation whereby the land resources are illegally alienated without following due process. This analysis is essential if we realize that land is the most available and reliable form of investment carrying with it prestige, status and power. Therefore the central concept of our argument is that any responsible government should ensure by means of control, a situation whereby the opportunities for investment in land are as nearly equal for everyone as much as possible. The only way this can be guaranteed is to ensure those due processes are followed in tandem with the provision of law.