The Nature, Scope and Limits of Power of Attorney as an Instrument of Land Transfers in Nigeria

Abstract

INTRODUCTION

It has gone beyond disputation that the Land Use Act¹ is the most important and relevant legislation on land in Nigeria. It is more or less, an integral part of the nation's grund norm- the Constitution. This is because of the import of section 315 of the 1999 Constitution which incorporates it into the constitution by reference² and to the effect that its provisions shall continue to apply and have full effect in accordance with their tenor as any other provision forming part of this constitution and shall not be altered or repealed except in accordance with the provision of section 9 (2) of this constitution.

This provision made its debut appearance in the Nigerian constitutional history in 1979 where the exact words and context were enacted (then) as a part of the 1979 constitution.³ The Supreme Court of Nigeria had the opportunity to interpret this provision in the case of Nkwocha v. Governor of Anambra State⁴ to the effect that the Land Use Act, by virtue of s. 274(5) (d) of the 1979 Constitution⁵ enjoyed the special protection of section 9 (2) of the said Constitution. One of the then Justices of the apex court⁶ in a minority decision, even went further to hold that the full implication of the said section was that the Act was an integral part of the Constitution⁷, a view preferred by the great jurist and scholar, Hon. Justice Prof. Niki Tobi. According to him, "the fact that the enactments (in S.274 1979 constitution) were (are) incorporated into the constitution, make them part of the constitution"⁸